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NUPL hails court order denying Palparan et al’s pleading to halt proceedings, Motion only obstructs and frustrates justice

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NUPL hails court order denying Palparan et al’s pleading to halt proceedings, Motion only obstructs and frustrates justice

The National Union of Peoples’ Lawyers (NUPL) just received an Omnibus Order dated April 3, 2012 from the Malolos, Bulacan Regional Trial Court Branch 14 denying the “Omnibus Motion for Preliminary Investigation; to Quash or Recall Warrant of Arrest; Hold Departure Order; and to Suspend Proceedings” filed by the accused M/Gen. Jovito Palparan, Jr., M/Sgt. Rizal Hilario and S/Sgt. Edgardo Osorio in the case involving the disappearance of university students Karen Empeno and Sherlyn Cadapan.

“We welcome the court’s order as it basically sustains our position all along and is in accord with the law and jurisprudence,” said the NUPL panel of private prosecutors, through Atty. Edre Olala. “It only further proves that Palparan et al. are just obstructing and frustrating justice at all costs,” Olalia added.

In the same order, the court denied the “Motion for Reconsideration” of the Panel of Prosecutors regarding the issue of the propriety of the Court’s order transferring the custody of Lt. Col. Felipe Anotado and S/Sgt. Osorio.

“We will study whether to ask for the motion on the continued detention in the Army of the two accused though,” said Atty. Olalia.

Ret. M/Gen. Palparan and M/Sgt. Hilario are still at large since a warrant of arrest was issued against them on December 19, 2011.

“The government must deliver on fugitives pronto and dispel pervading views that it is inutile and even held by the military at the nose instead of promoting known human rights violators one after the other like those in the torture of the Morong 43.” #

Reference: Atty. Edre U. Olalia, Secretary General, 09175113373
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National Secretariat
National Union of Peoples’ Lawyers(NUPL)
3F Erythrina Bldg., Maaralin corner Matatag Sts. Central District,Quezon City, Philippines
Tel.No.920-6660,Telefax No. 927- 2812
Email addresses:nupl2007@gmail.com and nuplphilippines@yahoo.com
“Visit the NUPL  at http://www.nupl.net/

By calling yourselves the ‘people’s lawyer,’ you have made a remarkable choice. You decided not to remain in the sidelines. Where human rights are assaulted, you have chosen to sacrifice the comfort of the fence for the dangers of the battlefield. But only those who choose to fight on the battlefield live beyond irrelevance.”  Supreme Court Chief Justice Reynato S. Puno, in his message to the NUPL Founding Congress,Sept. 15, 2007

Liguyon’s wife to go to national capital to protest killing of husband, threats against community

ICHRP Secretariat
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Liguyon’s wife to go to national capital to protest killing of husband, threats against community

Stop the Killings in the Philippines! Defend and protect Human Rights Defenders! End Impunity Now!

MALAYBALAY CITY – The 19 families of Human Rights Defenders remain adamant in continuing their camp-out protest at the Bukidnon Provincial Capitol grounds.  Instead of backing down from the pressure, they have stepped up their campaign, bringing the issue to both the national and international communities.

Liguyon’s wife, Sharon, is joining this month other Internally Displaced Persons from Mindanao to bring their case to Manila.  She is to lobby to the national offices of government agencies such as the Commission on Human Rights and the National Commission on Indigenous Peoples to demand for justice for Jimmy Liguyon and to ensure the security of the 19 families who have evacuated after Liguyon’s death.

Previously, on April 11 Bukidnon Vice Governor Zubiri went to the camp-out of 19 indigenous families, telling them to leave the capitol grounds and settle at a relocation site.  But the families, led by the women, explained the significance of their camp-out.

“Ang among pagkampuhan diri pagpadayag sa among pagprotesta, pagpangusog ug pagsiguro nga aksyunan sa gubyerno ang problema (We have camped-out to show our protest, our insistence to make sure that the government will act on the problem),” said Marlyn Gaguy, one of the women leaders of Kasilo.

“Wala mi problema kung unsa man ang itsura sa among balay nga puy-an basta natagaan og hustisya ang pagkamatay sa among kapitan ug maprotektahan dili lang kami kundi ang uban pang mga pamilya nga ginahulga sa mga paramilitar (We don’t have a problem however our houses will look as long as we have achieved justice for our barangay captain and we have ensured the protection of not only our families but of the others who are being threatened by the paramilitaries as well.”

The evacuees are also doubtful of the assurance of security for their families in the subdivision they were to be relocated.  The following day, they saw Joas Lekawan, one of the actual members who was with Butsoy Salusad when he killed Jimmy, in front of the camp.

“Libre man gani nga mualigid ug magmatyag sa amo ang mga miyembro sa NIPAR nga naa mi sa capitolyo samot pa kaha nga naa mi sa sabdibisyon (Members of NIPAR are free to monitor us even if we are at the capitol grounds, how much more if we are already at the subdivision)?” said Marlyn.

Tribal leaders in southern Bukidnon who are recognized by the National Commission on Indigenous Peoples have also been asked by the government to negotiate with the evacuees.  Lito Gawilan, a board member of the Federation of the Manobo-Matigsalug Tribal Councils, proposed a ‘payment’ of a horse to settle the problem.

“Ang kinabuhi ni Kapitan Jimmy dili mabayran og kabayo lang (The life of barangay captain Jimmy cannot be exchanged for a horse),” said Datu Domingo.  “Ang iyang gibarugan para sa tibuok namong kabilin, para sa musunoray pa nga henerasyon.  Usa namo nga gipangayo bag-o mi makig-negotiate kanila mao ang pagdakop usa kang Butsoy ug sa NIPAR kay hangtod naa na sila, dili masulbad ang problema.  Dili man pud sila mupasalig (What he stood for is for our entire heritage, for the succeeding generations.  One of our conditions before we negotiate with them is the capture of Butsoy and NIPAR because until they are there, the problem could not be solved.  They could not assure us of that).”

For reference:
Jomorito Guaynon
Chiarperson, Kalumbay Regional Lumad Organization
Mobile Number +63 930 345 8010
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KALUMBAY Regional Lumad Organization
Ilocos St., Aluba Phase II, Macasandig
9000 Cagayan de Oro City, Philippines
E-mail Address: kalumbay@gmail.com
Tel. Nos.: +63 (88) 851 5213

Working for the defense of our land, rights & culture, KALUMBAY is a regional alliance of nine Lumad (indigenous peoples) organizations in Northern Mindanao, Philippines

Karapatan to P-Noy and AFP: Bring out and Jail Palparan

ICHRP Secretariat
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Karapatan to P-Noy and AFP: Bring out and Jail Palparan

Media Release, April 20, 2012 – Karapatan spokesperson and End Impunity convenor Cristina Palabay today said that “with the recent Order of the Malolos Regional Trial Court denying Gen. Jovito Palparan’s  Omnibus Motion for preliminary investigation, to quash/recall the warrant of arrest, hold departure order, and to suspend proceedings, it is more incumbent now on Pres. Noynoy Aquino and the Armed Forces of the Philippines (AFP) to bring out Palparan from hiding, and immediately arrest and prosecute him and M/Sgt. Rizal Hilario.”

Karapatan today received a copy of Malolos RTC’s Omnibus Order dated April 3, 2012. With this Order, the Malolos RTC has set the arraignment of accused Lt. Col. Felipe Anotado, Jr. and S/Sgt. Edgardo L. Osorio on April 23, 2012. Palparan could not be arraigned until he surfaces from hiding and submits himself to court proceedings. “The burden of going after human rights violators and criminals such as Palparan lies on Aquino and the AFP, lest they be accused of coddling rogue fugitives,” said Palabay.  It has been four months since Palparan went to hiding to prevent arrest and detention.

“While it is so easy for the government to promote torturers of the 43 health workers such as Col. Cristobal Zaragosa, Lt. Gen. Jorge Segovia, and Brig. Gen. Aurelio Baladad, we wonder what is taking the government so long in arresting and prosecuting these rabid rights violators?” commented Palabay.

Palabay concluded that, “with the prevalent state of impunity in the country, where the moneyed and powerful are insulated from accountability, it comes as no surprise if the protectors and coddlers of Palparan come from the AFP itself.” ###

Reference: Cristina “Tinay” Palabay, 09175003879, Angge Santos, 09189790580
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PUBLIC INFORMATION DESK
publicinfo@karapatan.org
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Alliance for the Advancement of People’s Rights
2nd Flr. Erythrina Bldg., #1 Maaralin corner Matatag Sts., Central District
Diliman, Quezon City, PHILIPPINES 1101
Telefax: (+63 2) 4354146
Web: http://www.karapatan.org

KARAPATAN is an alliance of human rights organizations and programs, human rights desks and committees of people’s organizations, and individual advocates committed to the defense and promotion of people’s rights and civil liberties.  It monitors and documents cases of human rights violations, assists and defends victims and conducts education, training and campaign.

On the ninth death anniversary of Eden Marcellana and Eddie Gumanoy, families still cry for JUSTICE! Implement UNHRC resolution on the Marcellana-Gumanoy case and find and punish Palparan—Karapatan

ICHRP Secretariat
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On the ninth death anniversary of Eden Marcellana and Eddie Gumanoy, families still cry for JUSTICE! Implement UNHRC resolution on the Marcellana-Gumanoy case and find and punish Palparan—Karapatan

Media Release, April 20, 2012 – On the ninth year of Eden Marcellana and Eddie Gumanoy’s killing, Karapatan echoed the  call of the victims’ relatives and people’s organization for the P-Noy government to implement the recommendations of the United Nations Human Rights Committee (UNHRC) and seriously find and jail former Major Gen. Jovito Palparan, Jr. who is responsible for the death of the two. At the time of their death in April 2003, Marcellana was secretary general of Karapatan-Southern Tagalog Region while Gumanoy was chairperson of Katipunan ng Samahang Magbubukid sa Timog Katagalugan (Kasama-TK), a regional peasant alliance.

Marcellana and Gumanoy led an 11-person fact finding mission to look into a report of a human rights violation case in Gloria town in Mindoro, Occidental. After the mission they were waylaid by soldiers along the road and took Gumanoy and Marcellana and three others separately on April 21. The next day, the bodies of Gumanoy and Marcellana were found in a ditch in Bansud, Mindoro Occidental. The Butcher was then the commanding officer of the 204th Brigade of the Philippine Army in Mindoro.

According to Marie Hilao-Enriquez, chairperson of Karapatan, the Department of Justice (DOJ) “dismissed three times the preliminary investigation of the murder case we filed against former General Jovito Palparan, Jr., M/Sgt. Donald Caigas, M/Sgt. Rizal Hilario and others who were named and identified by survivor-witnesses in the killing of Marcellana-Gumanoy. These perpetrators and fugitives are the same triumvirate charged with kidnapping and illegal detention of Karen Empeño and Sherlyn Cadapan.”

The dismissal of the case at the level of the Department of Justice prompted the relatives of both Marcellana and Gumanoy to file a complaint in the UNHRC in March 2006. The victims’ relatives were represented by Marie Hilao-Enriquez and lawyer Edre Olalia of the International Association of People’s Lawyers (IAPL). On October 30, 2008 the UNHRC released its decision “finding the Arroyo government guilty of violating the right to life, right to liberty and security of persons and the rights of violated persons to effective remedies of the victims.”

Karapatan said that the Philippine government boasts of its being a signatory to the International Covenant on Civil and Political Rights (ICCPR). The Committee,  which monitors States’ compliance with ICCPR, found the Philippine government “under an obligation to provide the authors [complainants] with an effective remedy, including initiation and pursuit of criminal proceedings to establish responsibility for the kidnapping and death of the victims.”  It also ordered the Philippine government to: “take measures to ensure that such violations do not recur in the future”; “provide the complainants appropriate compensation”; and “submit, within 180 days (from October 2008), information about the measures taken to give effect to the Committee’s resolution.”

“But after 1277 days, a new president and hundreds more of victims of extrajudicial killings, the government has yet to act on the Views of the UN Human Rights Committee on the killing of Eden Marcellana and Eddie Gumanoy. We have exhausted all legal remedies here and abroad. The long delayed justice to the victims of rights violations could have given this government the impetus to seriously act on the rights violations cases; but it could not even find and jail  the fugitive human rights violator. Justice for the victims of rights violations remains elusive under the P-Noy administration as it was during GMA’s regime.  Thus, impunity continues to this day and the vicitms’ list becomes longer by the day,” concluded Hilao-Enriquez.  ###

Reference: Marie Hilao Enriquez, 09175616800, Angge Santos, 09189790580

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PUBLIC INFORMATION DESK
publicinfo@karapatan.org
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Alliance for the Advancement of People’s Rights
2nd Flr. Erythrina Bldg., #1 Maaralin corner Matatag Sts., Central District
Diliman, Quezon City, PHILIPPINES 1101
Telefax: (+63 2) 4354146
Web: http://www.karapatan.org

KARAPATAN is an alliance of human rights organizations and programs, human rights desks and committees of people’s organizations, and individual advocates committed to the defense and promotion of people’s rights and civil liberties.  It monitors and documents cases of human rights violations, assists and defends victims and conducts education, training and campaign.

P-Noy resorts to arrests of John/Jane Doe’s to criminalize political activities—Karapatan

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P-Noy resorts to arrests of John/Jane Doe’s to criminalize political activities—Karapatan

Karapatan Public Info Desk, Media Release, April 18, 2012 –   Karapatan expressed outrage over the successive arrests of Renante Gamara, a consultant of the National Democratic Front (NDF) and Alex Arias, a leader of peasant group PUMALAG, in Southern Tagalog. Both are now detained on charges of kidnapping and double murder. Gamara was arrested by the Criminal Investigation and Detection Group (CIDG) on April 3 and, after four days, on April 7, Arias was abducted and surfaced by the 1st Infantry Battalion-Philippine Army after six days of captivity.

Cristina Palabay, Karapatan spokesperson said that, “the two were arrested and detained on the basis of an amended warrant of arrest which lists 36 aliases without any distinguishing descriptions for each of the aliases written. Anyone could be arrested on trumped up charges when you have a warrant of arrest such as the one used to arrest Gamara and Arias.”

She pointed out that the original warrant of arrest that was issued on February 25, 2011 did not have the name of Renante Gamara but only a certain “Ka Mike”. “In the amended warrant of arrest issued last March 23, 2012, that certain ‘Ka Mike” became “Ka Mike  Gamara/Renante Gamara. It’s sheer abuse of authority. Anybody could be apprehended and detained by simply attaching an activist’s name on one of the aliases written on the warrant of arrest,” said Palabay.

Alex Arias’ name on the other hand was included in the original warrant of arrest along with another detained NDF consultant, Tirso Alcantara. Arias is a National Council member of the Kilusang Magbubukid ng Pilipinas.

“Human rights workers and lawyers have long protested the practice of issuing warrants with aliases or John/Jane Doe’s. In fact, the Department of Justice already issued Circular No. 50 in October 1999 stating that appropriate description must accompany a particular John/Jane Doe to distinguish one from the other. But until now, the practice continues and is abused by the government to illegally arrest and silence leaders and members of progressive organizations,” said Palabay.

Karapatan calls on the government to “stop arbitrary and illegal arrests and detention and the practice of criminalizing political offenses to cover up political persecution,” concluded Palabay.

Reference: Cristina “Tinay” Palabay, 09175003879/Angge Santos, 09189790580

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PUBLIC INFORMATION DESK
publicinfo@karapatan.org
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Alliance for the Advancement of People’s Rights
2nd Flr. Erythrina Bldg., #1 Maaralin corner Matatag Sts., Central District
Diliman, Quezon City, PHILIPPINES 1101
Telefax: (+63 2) 4354146
Web: http://www.karapatan.org

KARAPATAN is an alliance of human rights organizations and programs, human rights desks and committees of people’s organizations, and individual advocates committed to the defense and promotion of people’s rights and civil liberties. It monitors and documents cases of human rights violations, assists and defends victims and conducts education, training and campaign.

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