PHILIPPINES: Supreme Court takes judicial action on plot to kill falsely charged activist
ISSUES: Arbitrary arrest and detention; fabrication of charges; human rights defenders; prosecution system; right to fair trial; victims assistance & protection
ASIAN HUMAN RIGHTS COMMISSION
January 14, 2013
Special Report: The Philippines’ hollow human rights system
After almost four months, the Asian Human Rights Commission (AHRC) has been informed by the Supreme Court (SC) that it has issued a Resolution as its judicial action to our appeal on the plot to kill Temogen “Cocoy” Tulawie in jail. Tulawie is an activist from Sulu being prosecuted over fabricated charges. Though the SC’s reply is late, it nevertheless serves as early warning to the authorities who are responsible in ensuring his safety in prison.
In his letter dated November 21, 2012 received by the AHRC recently, Edgar Aricheta, clerk of court of the First Division of the Supreme Court, informed the AHRC that the SC has issued a Resolution acting on our appeal.
The extract of the SC’s Resolution A.M. No. 11-4-75-RTC, has resolved that:
“Considering the statement in the aforesaid letter (quoting a letter from the AHRC) dated 26 September 2012 that “needless to say, should the plot to murder the accused (Temogen “Cocoy” Tulawie) is not prevented, it would have irreversible consequence on the role of the courts as it also deprives the court its juridical authority to adjudicate the case” and the statement in the accused’s motion for reconsideration that “(a) reliable source inside the jail in Bicutan has reported to the family of the accused that the would-be assassins of Cocoy Tulawie are already preparing for his arrival in Manila,” that court furthermore resolves to IMMEDIATELY RELAY these statements to the Director General of the Philippine National Police for appropriate action.”
Though the SC’s judicial action is late and lacking urgency, it nevertheless serves as an early warning to the Philippine National Police (PNP) and the Bureau of Jail Management and Penology (BJMP). The BJMP also has the primary jurisdiction in Bicutan jail where Tulawie is detained in Metro Manila.
ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Update: AHRC-UAU-001-2013
14 January 2013
[RE: AHRC-UAU-035-2012: PHILIPPINES: Trial of falsely charged Sulu activist now in Manila]
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