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Who’s afraid of Ramon Patriarca?

ICHRP Secretariat
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Dear friends,

On January 25, Ramon Patriarca (arrested and held incommunicado for two weeks, discovered tortured after our Central Visayas team found him in a police station in 2009), NDFP peace consultant, was brought to a Cebu court for the hearing of Patriarca’s countercharges against his torturers.  From late 2009 up to january 25, Patriarca was incarcerated at the Danao City jail. While at the Danao City Jail (located in Cebu), Patriarca – being formerly the TFD regional coordinator of Cebu during the martial law days – helped the common criminal detainees in their legal cases, set up alternative literacy classes inside prison, and led several hunger strikes to upgrade prison conditions.  These actions led to having the detainees’ meal allowance upped from P50/day to P80/day; some of the common criminal detainees were released and of course, many of them were able to read and write.  These developments did not sit well with the present governor and the military, both of them having declared earlier that Cebu is insurgency-free.

So, on Jan. 25, after Patriarca’s hearing, the police did not bring him back to the Danao City jail but instead he was brought to the military camp of the AFP central command, where he was brought and tortured during his arrest in 2009, purportedly with an order coming from the court.  Patriarca and his counsel were not informed nor were they able to have the copy of the court order when he was transferred.  We came out with statements condemning this treacherous, sureptitious effort to sneak him out of the Danao City jail so he was brought instead to the Cebu Provincial Detention and Rehabilitation Center (CPDRC), with the AFP declaring that their stockade is still being readied for him and he will be brought back to their camp this week.

Our team in Cebu tried to visit him at the CPDRC, even an Amnesty International-USA representative was not able to visit him and now even the family is not allowed.  Patriarca conducted his own humger strike inside the jail to protest this violation.  We are worried about his condition, so we pray that you write letters to the authorities condemning this act against Patriarca’s right.

Thank you very much.

Best regards,

Marie Hilao-Enriquez
KARAPATAN

Palparan Counsel’s Claim That Victims Still Alive, Cruel and Insensitive

ICHRP Secretariat
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Palparan Counsel’s Claim That Victims Still Alive, Cruel and Insensitive

Press Release – Counsel Runs Risks of Being Responsible for Coddling a Fugitive and for Obstruction of Justice

In today’s hearing in the case of the disappearance of UP students Karen Empeno and Sherlyn Cadapan, Atty. Narzal Mallares, one of Palparan’s lawyers, revealed in open court that Ret. Maj. Gen. Jovito Palparan has been communicating with him every now and then.

“Palparan’s lawyer is risking charges of coddling a fugitive and for obstruction of justice by harbouring and not disclosing his whereabouts even if he claims that he has contact with him,” said Atty. Edre Olalia, one of the Private Prosecutors from the National Union of Peoples’ Lawyers (NUPL) handling the case, echoing the manifestation of the Public Prosecutors from the Department of Justice (DoJ).

In another breath, with his authority to represent Palparan questioned by the prosecutors as not evidenced by his client’s conformity, Palparan’s purported co-counsel, Atty. Jesus Santos, claimed that it was Palparan’s family and relatives who spoke with him to get him to represent the fugitive general.

And just when the judge was about to adjourn the hearing and to the surprise and chagrin of the prosecutors, Atty. Santos gratuitously claimed in open court and in the presence of Erlinda Cadapan, the mother of one of the victims Sherlyn, that he was informed by “some sources” that the two UP students were still alive. He concluded that, with his disclosure, there is no basis for the charges against Palparan.

But Atty. Santos refused to give any details and other information on this “revelation” even after the private prosecutors were coaxing him to do so.

“The bare and belated allegation of his purported co-counsel that the victims are still alive raised mixed feelings, at the very least” said Atty. Olalia. “If false, it is an insensitive, cruel and irresponsible claim designed to confuse and raise false hopes. It could be a cheap shot to incorrectly undermine the charges. But if true, which is good, it raises even more questions though,” Atty. Olalia added.

The charges against Maj. Gen. Palparan and three other military personnel are Kidnapping and Serious Illegal Detention. “The revelation of Atty. Santos will not have any legal effect to the charges already filed in court to bring the perpetrators to justice,” Atty. Olalia maintained. “Produce the students!,” he demanded. #

Reference: Atty. Edre U. Olalia, NUPL Secretary General, +639175113373
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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

International Rights Observers Barred from Seeing Patriarca in CPDRC

ICHRP Secretariat
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PRESS STATEMENT – We, in KARAPATAN-Central Visayas, are disgusted over the rude treatment of international human rights observers at the Cebu Provincial detention and rehabilitation center this afternoon.

Members of the London-based Amnesty Internationale were at the said jail to visit political prisoners and peace-advocate Ramon Patriarca, when they were barred at the gate by the security guards.

The security guards did not give any explanation except that they were purportedly under strict orders from Gov. Gwendolyn Garcia to have all Patriarca’s visitors secure first a permit from her.

This treatment bares the climate of martial law pervading in the jail amidst the din kicked off by dancing inmates.

It demonstrates the repressive form of administration that ignores the inmates’ basic rights including the presumption of innocence.

In this light, we demand that the jail authorities and the provincial government respect the Patriarca’s rights and stop all repressive policies being imposed on the jail.

Reference:

Dennis Abarrientos
Secretary General
KARAPATAN-Central Visayas
255-5549/0928-754-8456

For more updates and other information, visit us at …. http://hrdefenders.wordpress.com
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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.

Name ex-generals harboring Palparan, DILG dared

ICHRP Secretariat
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MANILA, Jan. 17, 2012—Fisherfolk group, Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) dared Interior and Local Government Sec. Jesse Robredo to name the ex-generals allegedly harboring, now fugitive, retired Maj. Gen. Jovito S. Palparan, for the sake of public interest and safety.

In a statement, Pamalakaya national chair Fernando Hicap said Palparan poses a serious threat to the public since the former general is “armed and dangerous.” He also urged the secretary to file necessary charges against the generals and other military men that harbor the retired Army officer.

The DILG and Department of Justice had already released a one million peso reward to anyone who can give the exact whereabouts of Palparan, who is accused of serious illegal detention and kidnapping in connection with the abduction of two University of the Philippines-Diliman students, Karen Empeño and Sherlyn Cadapan. The two went missing in 2006, during the height of anti-insurgency campaign launched by the former administration of Mrs. Gloria Macapagal-Arroyo.

Last December, the Malolos City court had issued a warrant of arrest against Palparan and three others namely retired M/Sgt. Rizal Hilario, Lt. Col. Felipe Anotado at S/Sgt. Edgardo Osorio, who are also allegedly involved in kidnapping and torturing the two girls.

Meanwhile, Migrante International chapters in different parts of the world had also alerted their members and allies to keep watch, if ever Palparan would appear in the countries where they are working.

In the Middle East, Migrante regional director John Leonard Monterona said that Palparan could have escaped already since the ex-military officer had a number of connections in the bureaucracy.

“He is a very dangerous man, having killed and tortured lots of innocent people, in the name of national security,” Monterona said in an email.

Last December 27, Migrante Middle East had called for a “global manhunt” against Palparan, telling OFWs to report to the pertinent authorities if they have spotted the ex-general and lawmaker in their respective areas.

In the Philippines, a people’s manhunt had also been launched by different human rights’ groups such as Hustisya, Karapatan, Tanggol Bayi, to name a few to speed up Palparan’s capture. Even the Kilusang Magbubukid ng Pilipinas chapters all over the Philippines have been alerted to keep an eye on the general.

“Retired Major General Jovito Palparan’s attempt to flee the country clearly illustrates how he, like former Pres. Gloria Arroyo and other notorious human rights violators, have tried to evade justice and accountability, once again, for their crimes against the victims and the people for the longest time during their reign in office. This mad dog should immediately be arrested and put to jail,” said Cristina Palabay, spokesperson of Tanggol Bayi, a group of women human rights’ defenders, in a statement.

In order to ensure safety of the complainants, the group wants to transfer the case in one of the courts in Metro Manila.

“We likewise demand for the change of venue of court proceedings hereon from the Malolos Bulacan Regional Trial Court (RTC) to an RTC in Metro Manila because of security risks being faced by the complainants, witnesses and lawyers in an area where the military has active presence and where the abduction of the two women human rights defenders took place,” she said.

Aside from the serious illegal detention and kidnapping, the parents of Cadapan and Empeño had also filed rape, serious physical injuries, maltreatment of prisoners, grave threats, and grave coercion before the DOJ last May 2011, against the hiding general. [Noel Sales Barcelona/CBCPNews]

Impeachment of the Chief Justice: Our Institutions on Trial

ICHRP Secretariat
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Press Statement – As human rights advocates and as officers of the court, we support this constitutionally-mandated impeachment process to hold any one accountable, including those who are charged with frustrating efforts at accountability.

The impeachment process is a device to make high public officials, including members of the Supreme Court, when warranted, accountable for their actions. It serves as a deterrent to   grave abuse of authority and betrayal of public trust.  It operates on and is meant to preserve and strengthen the principle of checks and balances. Thus, while it is the Chief Justice on the dock, the independence, credibility and integrity of our institutions will all be put to the test in this trial.

But a critical stance must be taken in examining the proceedings. It will not serve its purpose if the result would be a judiciary that is subservient to the dictates of the other branches of government.

Any criticism of the Court, or any of its members, must be principled and based on sufficient legal arguments and just grounds. The Court is not immaculately infallible and had its own share of decisions that invited vigorous exceptions or protests from various quarters. But such dissent must not undermine the independence of the judiciary as an institution and should present valid reasons whether or not there should be trust and confidence in the equal and equitable dispensation of justice.

The Pnoy administration has overtly and covertly shepherded this impeachment.  Yet the impeachment complaint contains on its face a number of serious allegations and grounds that need to be tried objectively and resolved on their merits. It is now incumbent on the House prosecutors to prove any of these grounds convincingly and address the criticism that the complaint was passed with inordinate dispatch and even undue haste for reasons other than that of public interest.

The Senate sitting as an impeachment body is tasked to decide with judiciousness, unbridled by any other consideration.    Though ultimately more a political exercise in a legal forum to be decided by politicians, the process must not be reduced to a simple numbers game and must be fair and credible. The people must engage and must be involved.

The impeachment should also not be used to cover up the incompetence and failure of a PNoy administration to concretely address the gut issues of the people, including their unmet basic social and economic needs and the disproportionate priority to largely unheeded demands for justice and accountability for grievous human rights violations.  The process can in fact result and help in no small way in holding the GMA administration itself fully accountable.

The impeachment against the Chief Justice will certainly set a precedent. Whether it will be a good or bad one will depend on how it will be handled and decided upon and how credible the process is seen by the public. It may make for a better judicial institution by serving as a springboard for reforms in the administration of justice. Or it may bamboozle the courts and undermine the system of supposed checks and balances and be the opening to monopoly of power.

So-called as the “last bastion of democracy,” the Supreme Court, or any of its members, must be beholden to no one- past or present – and its partiality should be in favour only of the people’s rights and interests.  It must have the moral authority to inspire trust, confidence and belief.

For us and especially our clients who have less in life and even in law, one thing is of transcendental importance amidst all these — whether our formal democratic institutions can really make our  public officials or any of their perceived proxies truly accountable for their actions. Whatever the outcome of this crucial exercise, the basic political and civil rights and the social and economic demands and needs of the people remain and must be effectively addressed by our institutions. #

Reference: Atty. Edre U. Olalia, NUPL Secretary General, +639175113373
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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

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