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Aquino administration perpetuates double standard of justice

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Press Statement – Baseless arrests, brutal dispersals, inaction on human rights violations, and kid-gloves treatment of GMA – Aquino administration perpetuates double standard of  justice

The recent actions of the Aquino administration has shown not only lack of empathy for the ordinary people, but perpetuate a double standard of justice.
The demonstrations in Mendiola over the past days seeking fundamental reforms are treated as if they were presumptively criminal, instead of legitimate exercises of  the basic right to freedom of speech, and to assemble peaceably and petition the government for redress of grievances.
The baseless arrests and brutal dispersal of protesters is a sign of pathetic paranoia by “law enforcement” agents. The police have been overzealous and grossly abused their power, even filing fantastic charges for sedition that did not hold water.

Perhaps Malacanang’s definition of “maximum tolerance” is misplaced. In principle, it was designed to be in favor of the rallyists, and it means that police must observe the highest degree of restraint during a public assembly. It is not a privilege that Pnoy and his spokesperson imperiously endow on the citizens. The Aquino administration has only acted otherwise: it quickly mobilized nine trucks of policemen and resorted to physical mauling and deprivation of liberty to restrain protesters.

Also, slow action, and most times, inaction, on human rights violations cultivate a climate of impunity where violators get away with crimes. Former president Gloria Arroyo, infamous for craft and cunning, could escape accountability, given this administration’s ambivalence and  even sloth in filing strong cases against her.  Any slower and further fidgeting and Aquino himself would be accessory to her offenses. Any current intramurals among the political and economic elite obscures signs of eventual accommodation and compromise.

PNoy should stop being confused with how to treat Arroyo. It is not the government’s responsibility to give her peace of mind, provide her conveniences, nor cheer her spirits. And certainly it is not the government’s business to give her special treatment. Her high crimes and abuse of power are in fact aggravating circumstances. It is his duty to make her accountable especially for gross human rights violations.

On International Human Rights day, human rights defenders have one common demand from PNoy: release all political prisoners. There are more than 350 political prisoners languishing in jail today, on hazy, even  made up charges that penalize them for their political activism that he himself also benefitted.

Perpetrators for human rights violations must be held accountable. This is one chance for redemption before a frustrated people come claim justice for themselves. Those who forget the lessons of history are damned to repeat them. #

Reference: Atty. Edre U. Olalia, NUPL Secretary General, 0917-5113373

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.

One year after their release, Morong 43 still cry for justice

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Today, as the world celebrates the International Day of Human Rights, members of the Morong 43 march with hundreds of others in Mendiola, Manila to amplify their call for justice.

“If there is one thing that 10 months of illegal incarceration and torture did to us, it is proving to ourselves and the people that the military under the Arroyo and Aquino governments failed to break our spirits in our quest for justice,” Nurse Gary Liberal said.

Marching alongside hundreds of others, whose economic and political rights are continued to be trampled upon, Liberal commented that the Aquino administration should work double time in building people’s confidence in the country’s justice system and not working “over-time in giving Mrs. Arroyo special treatment” by allowing her to stay in a plush presidential suite at Veterans Memorial Medical Center (VMMC).

Liberal reminded Mr. Aquino that he should pay more attention to the inhumane conditions within regular detention facilities around the country before minding the health and comfort (including the installation of new toilets) of Mrs. Arroyo at VMMC.  He added that ordinary prisoners die of curable and preventable diseases due to lack of medical attention, proper nutrition, and congestion.  “He [Mr. Aquino] may be denying it, but according special treatment to Mrs. Arroyo speaks a lot about his bias for the rich and powerful.”

The spokesperson maintained that Mrs. Arroyo should be placed in a regular jail just like any regular civilian.

“It is shameful for Mr. Aquino to trumpet his parents’ legacy for being human rights defenders and staunch fighters for democracy while he continues to tolerate and encourage the culture of impunity by not doing anything to put make human rights violators accountable for their crimes.  To date, not a single one of our torturers has been tried in court,” he added.

Liberal furthered that the best gift that Mr. Aquino could ever grant their families and those of other human rights victims and political prisoners is to “make Mrs. Arroyo and her cohorts pay for their crimes and grant general, omnibus, unconditional amnesty to more than 300 political prisoners in 65 jails nationwide.”  This includes 2 of the Morong 43 who are still in jail.

He enjoined the Filipino people in their call to “end impunity, justice for the Morong 43, jail GMA now!”

Reference – Gary Liberal, R.N.- Mobile: (0922)5751689 / Telefax: (+632 929.8109)
Spokesperson, Morong 43

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Giving in to constant local and international pressure on his government, Mr. Aquino declared that the charges against the 43 health workers will be dropped followed by orders to release them.  On December 17, 2010,  36 of the Morong 43 walked free.  Two of their colleagues are still in jail because of trumped-up charges slapped by a Metro Manila court.

Mindanao human rights summit rebuffs Malacañang denial on killings,says Oplan Bayanihan is cause of impunity

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(4th Mindanao Human Rights Summit, December 2, 2011. CAP Grand Auditorium, Davao City) – The stories heard from the 4th Human Rights Summit held in Davao last Friday told of how the military struck fear and terror in communities all over Mindanao.

A Mamanwa woman recounted how soldiers burned her village in an operation in Kitcharao, Agusan del Norte.  A farmer from Arakan Valley, North Cotabato who is nine months pregnant told of how soldiers illegally arrested her relatives and strafed at their houses.

A lumad advocate lamented how soldiers conducting a ‘peace and development’ mission in Sarangani harassed Blaan students and teachers in a literacy school that forced it to close down.  A Moro advocate said the situation of displaced 15,000 civilians in Basilan and Zamboanga Sibugay is the effect of President Aquino’s ‘all-out justice’ crusade for the death of 19 soldiers.

Bishop Felixberto Calang, convener of Barug Katungod Mindanao that spearheaded the Summit, said that out of the more than 1,200 victims of extrajudicial killings— all unsolved— nearly 400 of these are Mindanawons.

Calang said this belie Malacañang’s pronouncement this week claiming there are only five victims of extrajudicial killings under President Aquino’s government

“We come here for the fourth time, only to see human rights getting worse,” Calang said.

The annual gathering of victims, churchpeople, and human rights advocates of about 500 made sharp criticism on Aquino, especially ordering the Armed Forces of the Philippines to continue pursuing a counter-insurgency program that has worsened human rights violations.

The Summit also demanded the pull out of military troops to stop the terror in communities, and said the AFP’s Oplan Bayanihan is responsible for the atrocities.

“If the military does not distinguish between human rights defenders and their targets, we will see no end to the killings and repression of human rights,” Calang said.

Another church leader, Bishop Modesto Villasanta, said the killings happened in the presence of the AFP’s peace and development teams in the communities.  These include the killing of Fr. Fausto Tentorio in Arakan, North Cotabato and farmer Rudy Dejos in Davao del Sur, and nine-year old Sunshine Jabinez in Pantukan, Compostela Valley.

“What ‘peace and development’ is the AFP talking about? That people rest in peace?” asked Villsanta.

Bishop Calang further said that the country’s human rights record under Aquino is “more appaling compared to Gloria Arroyo’s” with 55 cases of extrajudicial killings in less than two years.

The atrocities however emboldened communities and rights advocates alike to pursue actions to protect human rights.  He said several human rights organizations are now preparing to take the Aquino government to task for this continuing impunity before the United Nations Human Rights Council which is set to review the Philippines’ human rights record next year.

He said tens of thousands from all over Mindanao are expected to pour out into the streets to demand an end to impunity on December 10, International Human Rights Day.

“Coming to this summit, defenders and survivors, the tears that you have kept are now a wellspring of courage to stop the continuing impunity in our country,” Calang said.
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Barug Katungod Mindanao is a consortium of human rights and peace advocacy groups in Mindanao including InPeace Mindanao, Union of Peoples’ Lawyers in Mindanao, Sisters’ Association in Mindanao (Samin), Kalumaran, Kawagib Moro Human Rights Alliance and is supported by the European Commission under the European Instrument for Democracy and Human Rights (EIDHR) program.

KARAPATAN, End Impunity Alliance call for immediate resolution of Morong 43 civil suit

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Media Release – Justice delayed is justice denied.

Human rights group Karapatan and End Impunity Alliance, a network supporting the victims of human rights violations in their quest for justice, joined six members of the Morong 43 and their counsels from the National Union of People’s Lawyers as they filed a second motion to resolve their petition for the writ of preliminary attachment in their P15-million civil case against former Pres. Gloria Macapagal Arroyo and key military officials.

Karapatan deputy secretary general Jigs Clamor said the undue delay of the resolution prompted plaintiffs to file a second Urgent Manifestation with Motion to resolve. The civil case has been stalling in RTC branch 226 for more than five months now and has not gone beyond its only hearing last June 10, 2011.

“GMA’s attempts to leave the country only show her deliberate intent to evade justice. As long as the cases are still pending before the courts, she has all the chances to evade accountability. We will not allow this shameless act to happen. The lives claimed under Arroyo’s counter-insurgency program must not go in vain,” Clamor asserted.

End Impunity Alliance convenor Cristina Palabay noted that “the resolution of the petition is necessary for the court to issue summons for all respondents including GMA.”

“The court should immediately resolve the case considering GMA’s attempt to abscond. While the former president is already under arrest for electoral fraud, albeit under well off conditions far from jail conditions, it is necessary to hold her and her henchmen in the military and police accountable for the human rights violations she has wrought under her administration,” Palabay commented.

The Morong 43 filed the first civil charges against GMA on human rights violations on April 4 this year.

Resolve other cases ASAP

In June, the United Church of Christ of the Philippines followed suit. Together with torture victim Pastor Berlin Guerrero and five others whose relatives were killed under GMA. Meanwhile, relatives of the victims of the Ampatuan Massacre filed last week.

According to Palabay, the Morong 43 and UCCP damage suits are only some of the lawsuits filed by relatives and victims of human rights violations against top government and military officials under GMA.

“Criminal charges filed against Arroyo’s lapdogs like retired army major Jovito Palparan have yet to be resolved,” she said.

It can be remembered that mothers of desaparecidos Erlinda Cadapan, Connie Empeno and Edita Burgos filed criminal charges against Palparan and ranking officers of the AFP and PNP for the abduction, torture and other grave human rights violations committed against their children Sherlyn, Karen and Jonas, respectively.

Also, torture victims Raymond Manalo and Oscar Leuterio filed their urgent motions to resolve the administrative and criminal cases they filed against Palparan and AFP officers which have long been pending under the Office of the Ombudsman. Both Manalo and Leuterio were witnesses to the abduction and disappearance of the missing UP students. ###

References:   Jigs Clamor, Deputy Secretary General, 0920-9466210
Cristina Palabay, End Impunity Alliance Convenor, 09175003879
Angge Santos, Public Information Officer, 0918-9790580

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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.

JUSTICE FOR ALL WOMEN HUMAN RIGHTS DEFENDERS, FREE ALL WOMEN POLITICAL PRISONERS!

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Press Statement – ON THE INTERNATIONAL DAY OF WOMEN HUMAN RIGHTS DEFENDERS – As women human rights defenders worldwide come together today, we remember our sisters in the Philippines who, like the Mirabal sisters in the Dominican Republic known as “Las Mariposas,” have exemplified the strength and courage of women who valiantly fought against the purveyors of injustices and rights violations against women and the poor people in our country. They – Sherlyn Cadapan, Karen Empeno, Benjaline Hernandez, Eden Marcellana, Connie Brizuela, Juvy Magsino, among many others – deserve our highest salute.

In remembering, our pursuit for justice for the violations against their persons becomes stronger as we hold accountable the former woman Pres. Gloria Macapagal Arroyo, who has recently tried to evade justice by attempting to depart from the country. While she is already in jail for charges on electoral fraud, we demand that she be prosecuted and jailed for the human rights violations she has brought upon WHRDs during her term.

During the Arroyo presidency, there were a total of 1,206 victims of extrajudicial, summary or arbitrary execution (EJKs for short) in the Philippines. Of the total number, 153 are women and 476 are human rights defenders (HRDs). There were 206 victims of enforced or involuntary disappearance 31 of whom are women and 68 are HRDs. Victims of illegal arrest and detention number 2,059 victims. Arroyo’s counter-insurgency policy Oplan Bantay Laya (Operation Freedom Watch), a US-inspired and promoted program, served as the blueprint for these rights violations, as human rights defenders were branded as “enemies of the state.”

The situation of Filipina human rights defenders though is no different under the current administration of Phil. Pres. Noynoy Aquino.

With its sugarcoated counter-insurgency policy Oplan Bayanihan, Aquino’s state security forces have claimed the lives of 56 victims of extrajudicial killings, four of them are women. Among them is Marlina Sumera, a journalist and an urban poor leader, who was gunned down this year because of leading her community’s struggle for land and decent housing. Sunshine Jabinez, a seven-year child, was shot dead in a militarized rural community in Mindanao (Southern Philippines).

Indigenous WHRDs in Mindanao Mayse Belayong and Bae Adelfa, whose husbands were killed by the military, are being threatened by paramilitary and now had to seek shelter from the areas where they live in. Women health workers in the Cordilleras have been repeatedly threatened and harassed by military agents and officers because of their supposed medical missions in far-flung areas.

As of October 31, 2011, there are 356 political prisoners, 77 of them were arrested under the Aquino regime. Of this number, there are 35 women political prisoners. Political prisoners are among the most critical and determined opposition of repressive regimes. They call for change and the creation of a new and better world. For this, they are considered “enemies of the state.” They are subjected to illegal arrest and detention, extreme torture and unjust conviction on trumped up charges.  Women and children, in particular, are doubly violated through sexual molestation or rape. Political prisoners, more often are charged with criminal offenses to deny the political nature of their case and to reduce them as “common criminals.”  They are charged with heinous crimes of murder, arson, robbery, kidnapping, illegal possession of firearms and explosives which are all non-bailable offenses meant to silence them and keep them incarcerated.

Among these women political prisoners are Vanessa delos Reyes, a 26 years old hors de combat, who has been in the Southern Philippines Medical Center under military custody because she has been paralyzed waist down; Moreta Alegre (Correctional Institution for Women), a 65 year old farmer, who was imprisoned together with her husband Jesus and son Selman, because of trumped up charges of murder, as they were vocal critics and campaigners against landgrabbing in their area; 21-year old Maricon Montajes (Batangas Provincial Jail), the youngest among political detainees, who was a student filmmaker from the University of the Philippines Film Institute, a member of film organization UP Sining at Lipunan and of the College Editors Guild of the Philippines, arrested in June 2010 during an immersion program with peasants in Batangas; 57-year old Gloria Floresca(Ilocos Sur Provincial Jail), a former organizer of Gabriela in La Union, who was illegally arrested recently on rebellion charges; 42-year old businesswoman Marilyn Badayos-Condes(Dumaguete City Jail), arrested June 2011 for charges of rebellion and was denied immediate medical attention when her injured arm bled during her arrest; Lumad Manobo activist JovelynTawa-ay and former student activist Lucy Canda (Correctional Institution for Women), arrested in 2006 during a military operation, held incommunicado for three days, and charged with rebellion; and 29-year old Charity Diño (Batangas Provincial Jail), a former school teacher, who was illegally arrested, tortured and detained in 2009 while she and her colleagues were inviting community residents for the activities for urban poor week.

Like butterflies who cannot survive unless they are set free, these women political prisoners and women human rights defenders nationwide are calling for their immediate and unconditional release. Thus today, we launch our postcard campaign for our sisters and friends in the international community to support this call.
References: Cristina Palabay, Tanggol Bayi (Defend Women) – Philippines Spokesperson


Tanggol Bayi is an association of women human rights defenders in the Philippines to advance women’s rights as human rights. Tanggol Bai is formed to further develop the capability of women human rights defenders to protect and advance women’s, human and peoples’ rights while giving special attention to the rights of WHRDs; to provide a venue by which WHRDs can give mutual assistance to one another especially to those who are facing immediate threats; provide information and facilitate HR education to WHRDs to even better sensitize them to violations of political, civil, economic, social and cultural rights; through common effort, enable WHRDs to effectively forward policies and legislations, fight for their rights and generate resources for the needs of their human rights advocacy; and network with other human rights organizations in the country and abroad.

Contact us at:
2/F Erythrina Bldg., #1 Maaralin corner Matatag Streets
Barangay Central District, Diliman, Quezon City
Telephone: (632) 434 2837
Fax: (632) 435 4146
E-mail: tanggolbayi@gmail.com