Tag Archives: AHRC

[Featured Site] AHRC Online Legal Counseling

AHRC Online Legal Counseling

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[In the news] Know your rights: Ateneo study cites rights violated in ‘Tokhang’ -ABS-CBN news

At least 8 rights guaranteed by the Philippine Constitution have been violated by the enforcement of government policies in its intensified anti-drug campaign, showed a study by the Ateneo Human Rights Center (AHRC) released Friday.

In examining the legal framework of “Oplan Tokhang,” government’s controversial knock-and-plead crackdown on drug suspects, AHRC said authorities violate the rights to due process, equal protection of the law, unwarranted searches and warrantless arrest/arrest without cause, the right against self-incrimination, right to counsel, presumption of innocence, information, and health.

It said these rights were being “affected and made vulnerable by the government” in implementing Oplan Tokhang.

Read more @news.abs-cbn.com

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[Off the shelf] EJK in the Philippines (A report to UNHRC UPR) by AHRC

balaySUMMARY & EXTRAJUDICIAL KILLINGS IN THE PHILIPPINES
A Submission to the United Nations Human Rights Council
for the Universal Periodic Review of the Philippines
(3rd Cycle, 27th Session, 2017)

1. This alternate report is a submission of the Ateneo Human Rights Center (AHRC), a
university-based human rights institution engaged in the promotion and protection of
human rights. Its core programs include human rights education, research, law and policy
reform, and public interest litigation.

2. This submission highlights extrajudicial and summary killings in the country. Among suchcases are those perpetrated in relation to the Duterte Administration’s “war on drugs.” Inparticular, four key issues are tackled, namely, (1) vague legal definition of “extrajudicialkillings,” (2) due process of law, (3) presumption of regularity and command responsibility,and (4) accountability and impunity. Recommendations made during the 2nd Cycle of theUPR related to due process and extrajudicial killings are referred to in this report.

3. AHRC submits that the Philippine Government has failed to address extrajudicial and
summary killings.

Read full report @balayph.net

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[Announcement] Torture: Asian and Global Perspectives launches its new website -AHRC

WORLD: Torture: Asian and Global Perspectives launches its new website

torturemagdotorg

Torture: Asian and Global Perspectives a path breaking initiative in the discourse of torture prevention wishes to inform our readers of the launching of its new website. The website www.torturemag.org is not only for the print version of the magazine but it is a part of the expanding discourse that we have with our contributors and readers. This is partly due to the limitation we faced with the print version.

Asian Human Rights Commission

The bi-monthly started in 2012, published by the Asian Human Rights Commission (AHRC) and the Danish Institute Against Torture (DIGNITY), and at first it was limited to the print and downloadable PDF version of each issue. However, in the new website the readers can download, not only the PDF version of the entire issue, but also to read the individual content of each issue such as articles, Op-Ed, essays, papers, etc.

The decision to create a separated website arose after concerns from the writers and readers and it was decided to expand the space for those who, are not only engaged in the discourse but, also those who victims of this inhuman practice on a daily basis.

The website, will be updated weekly and it will not limited to the content we print bi-monthly but also news, opinion and etc. related to the subjects we cover.

As we stated in the editorial of our first issue, two years ago:

“The concept of publishing a bi-monthly magazine on torture was borne of these circumstances, limitations and hopes. The publication will give prominent coverage to the atrocities committed by authorities and affiliated agencies against individuals legally under their protection. We seek to create a platform for the discussion and exposure of torture practices in Asia and around the globe.”

“Our stance is firmly against any form of torture, a practice legally and morally reprehensible, and unjustifiable under all circumstances. We call for governments to investigate thoroughly and prosecute perpetrators of such brutality. We also invite our readers to participate in this campaign against torture. The global citizenry continue to hope (and should demand) that their governments, guided by the fundamental principles in the Universal Declaration of Human Rights and other international conventions, take legislative, administrative and judicial action so that not only will justice be served, but a lasting peace will be brought to humanity.”

Eradicating torture is a gradual but necessary process that we all bear responsibility for. Please support us by subscribing to the print magazine so we may broaden our readership in Asia and around the world, galvanise governments and aid advocacy groups.

Your help is critical for the circulation of a thing we, and the multitudes around the world, cherish and which cannot easily be vanquished: hope. Let us remain steadfast in that hope we profess, of a world without violence, and a future free from fear.

Visit our new website at www.torturemag.org , and share with your networks. Join us, and ask your friends to join eradicate this viciousness practice of mankind.
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.
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FOR IMMEDIATE RELEASE
AHRC-ANM-045-2014
October 20, 2014
An Announcement from the Asian Human Rights Commission

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[From the web] Poverty reflects a failure of the government not the person by Danilo Reyes

Asian Human Rights Commission

HONG KONG/PHILIPPINES: Poverty reflects a failure of the government not the person
by Danilo Reyes

(Note: this article was first published in the October 12, 2014 issue of the Sunday Examiner)

Poverty reflects a failure of the government not the person.

Seven years ago, my first cousin, 22-year –old Maricel Mahinay, died from an illness aggravated by severe malnutrition. She was three months pregnant. Her death came two years after her first child had also died from a malnutrition related illness.

Asian Human Rights Commission

Maricel, whom we called Cecil, and I lost contact in the 1990s when I moved to another city. I was working while studying at a university. I did not hear from her for many years.

My memory of her dates back to our child hood days in our sleepy and laidback hometown.

In September 2005, my mum, now a retired public school teacher, told me that Maricel’s 11-month-old son, John Paul, had died from an illness aggravated by severe malnutrition.

I was an intern at Asian Human Rights Commission at that time and was beginning to comprehend how abject poverty affects not only human societies, but ourselves – and here was my own cousin’s child dying from want of basic necessities.

When I learned about the death of Maricel’s son, I had mixed emotions. I did not know she had got married or that she had a child.

She was the daughter of my mum’s older brother who was a tricycle driver. Maricel was so poor that she had to borrow money to pay hospital bills before she could take her son’s body home and then pay for a small plot of land to bury him.

After I published the story of my cousin’s death and her circumstances, I learned that the former mayor, who is currently a lawmaker in the province of South Cotabato, Mindanao, dispatched one of his staff to locate her.

I used to interview this mayor when I worked as a journalist there. I knew that he would intervene, not because his administration had been so neglectful, but because her case tarnished the city’s image.

Reluctantly, social workers from our local government went to her house and gave her some relief goods and a health card.

When the social workers spoke to Maricel, they told her she should have approached them first. She should not have complained and exposed the death of her child in public.

These social workers might have achieved their goal, as when Maricel was dying two years after her son’s death, she did not complain.

In evaluating Maricel’s case, they concluded they could not classify her as a public services for indigent beneficiary, or the poorest of the poor, because in the Philippines, if you have a relative working in the government or overseas, your family and relatives are not considered indigent.

So for them, Maricel could not be indigent. At the time, maricel could not be indigent. At the same time, my mum was as a public school teacher and they came to know I was in Hongkong – doing an internship on a meagre allowance.

In the Philippines, the government method of assessment in identifying an indigent, who is poor and who is not or who is deserving of public services and who is not is based on the philosophy that it is the family and their relatives, and not the government that has the primary responsibility of support.

The consequence of this thinking means that any Filipino in the Philippines who has a family or relatives overseas, Hong Kong or elsewhere, cannot be considered indigent, or deserving of government assistance.

Thus, relatives of overseas Filipinos back home cannot be classified as indigent or poor.
In his column for the Sunday Examiner titled, the struggle to put food on tables, on September 14, Father Shay Cullen Notes, “More people than ever go hungry”,

He says hunger and starvation hits children the hardest. The story of my cousin, Maricel, and her son John Paul, are among those countless untold stories.

Father Cullen rightly points out that those who suffer from hunger end up severely malnourished and die quickly from hunger-related diseases.

John Paul died too young and too early because his parents had no money to buy food, let alone medicine. Like him, many other starving children go to bed every night crying for want of a meal.
The vast section of Philippine society is poor; consequently, the threshold for testing who is poor has become oddly high. But this method has only created a wrong perception that is detached from reality – that government employees and their relatives; as well as overseas workers and their relatives are not poor.

Needless to say, many of the government and overseas workers are themselves poor.

Reflecting on my cousin’s experience leads me to understand that it is highly destructive when people are made to feel that to suffer from poverty, hunger and starvation is the person’s own fault.

We should be condemning what causes this suffering, not those who suffer. To suffer abject poverty is neither a person’s own fault nor a choice.

It is a failure in the system of social government structure which takes away equal opportunity.

# # #
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

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[Literary] The Planned Disappearance

Asian Human Rights Commission

ASIA: The Planned Disappearance

Following is a poetic response to ASIA: Wounds in the souls of the members of disappeared people’s families can never be cured, which appeared yesterday (September 26, 2014)
by John Joseph Clancey

Will there be another tomorrow?
Or, just another wife’s sorrow,
caused by her husband’s disappearance?
Will I hear my new-born baby’s cry?
Or, will she hear her mother’s sobbing sigh,
wondering about her husband’s disappearance?
Will I be sitting with my father in the Church pews?
Or, will he be constantly waiting for news,
since the first day of his son’s disappearance?
Will tomorrow be another worry-filled day?
Or, perhaps bring a much more creative way,
to avoid the inevitable disappearance?
So many have just gone, without a trace.
Does anyone know the precise time or exact place,
of their ultimate disappearance?
Can I ensure another tomorrow?
And prevent some further sorrow,
by disappearing before the planned disappearance?
For Basil Fernando,
who, in 1989, faced the dilemma:
to disappear or be disappeared.

AHRC-ART-077-2014-1.jpg(John Joseph Clancey is a Hong Kong lawyer and the chairperson of the Asian Human Rights Commission ( AHRC) )

About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

Read this Article online

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FOR IMMEDIATE RELEASE
AHRC-ART-077-2014
September 26, 2014

An Article from the Asian Human Rights Commission

Asian Human Rights Commission

 

 

 

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[International] Basil Fernando of the AHRC receives Right Livelihood Award, known also as “Alternative Nobel Prize” -AHRC

WORLD: Basil Fernando of the AHRC receives Right Livelihood Award, known also as “Alternative Nobel Prize”

 © AHRC - Basil Fernando / AHRC (Hong Kong SAR, China)


© AHRC – Basil Fernando / AHRC (Hong Kong SAR, China)

The Asian Human Rights Commission wishes to inform you that The Right Livelihood Foundation has announced the laureates for 2014.

Asian Human Rights Commission

They are Mr. Edward Snowden, Mr. Alan Rusbridger, Ms. Asma Jahangir, Mr. Basil Fernando, and Mr. Bill McKibben. This award is also known as the “Alternative Nobel Prize.”

For further information about the award and this year’s laureates, please visit:
http://www.rightlivelihood.org/index.html

Basil Fernando is a Sri Lankan based in Hong Kong and the Asian Human Rights Commission has its headquarters in Hong Kong. The Announcement relating to Basil Fernando of the AHRC is as follows:

“… for his tireless and outstanding work to support and document the implementation of human rights in Asia.”

Basil Fernando is a leading Asian human rights defender. In a career spanning three decades, he has been pivotal in linking ordinary citizens striving for human rights principles at the grassroots to institutions working for structural reform at the policy level. Fernando, and the Asian Human Rights Commission (AHRC) that he led for nearly two decades, have developed one of the world’s most sophisticated “Urgent Appeals” systems. Through its Human Rights School and training initiatives, the AHRC has educated countless lawyers and activists on the principles of fair trial and the rule of law, thereby greatly advancing an Asian movement working towards the realisation of human rights for all.

From Sri Lanka to Hong Kong: Basil Fernando’s early life

Basil Fernando was born on 14 October 1944 and graduated in law from the (then) University of Ceylon in 1972. After graduation, he taught English as a second language at university level for 8 years, before becoming a practising criminal lawyer in 1980.

Fernando became concerned and began resisting the pernicious politicisation and corruption that was becoming common in the public justice system in Sri Lanka, undermining the legal profession. In 1989, when tens of thousands of people had already “disappeared”, his name was placed on a death list, forcing him to flee to Hong Kong. Fernando worked for a UNHCR sponsored project for three years as a Counsellor for Vietnamese refugees in Hong Kong.

Subsequently, between 1992-94, he worked for the Human Rights Component of the UN Transitional Authority of Cambodia and UN Human Rights Centre as a Senior Officer. These experiences helped shape the approach to human rights that Fernando adopted when he accepted Directorship of the Asian Human Rights Commission, and the associated Asian Legal Resources Centre, in 1994.

Asian Human Rights Commission: a new approach to human rights work

Basil Fernando was the Asian Human Rights Commission’s only full-time employee when he joined the organisation in 1994. His approach to human rights was a radical departure from most human rights work in the region at the time. He focused on assisting victims of human rights violations and activists from within the communities who were supporting the victims, rather than propagating human rights from urban centres. Moreover, he began analysing precisely why and how principles of human rights were not being incorporated in, and implemented through, national public justice systems. Also, he began engaging in lobbying and advocacy from outside the country where human rights abuses were taking place in ways that supported and protected victims and informants. To achieve this, Fernando began building up AHRC’s capacity and the capacities that would allow such work to be done in the countries in which AHRC became involved – by recruiting and training staff and empowering partner organisations.

The AHRC today works actively in 12 Asian countries: Bangladesh, Burma, Cambodia, China, Indonesia, India, Pakistan, Nepal, South Korea, Sri Lanka, Thailand, and the Philippines. Fernando stepped down from the position of Executive Director at AHRC in 2010 and today serves as its Director of Policy & Programmes.

Documenting human rights violations & promoting suitable solutions

Basil Fernando and his colleagues at the AHRC have painstakingly documented human rights violations in the countries in which they work, and published them in AHRC’s Annual Reports. Fernando and the AHRC team have produced several monumental works, which include the book Narrative of Justice in Sri Lanka told through stories of torture victims that documents 1,500 cases of police torture in Sri Lanka between 1998 and 2011, and article 2, a quarterly journal that analyses recent developments in the implementation of human rights standards in Asia. Torture – Asian And Global Perspectives and Ethics in Action are also regular publications. The AHRC, under Fernando’s guidance, has done extensive work in exposing and reducing the number of forced disappearances and in assisting victims. It has documented a number of disappearances in a “Cyberspace Graveyard”, available at http://www.disappearances.org

Given the absence of a governmental charter on human rights in Asia, and cognisant of the arguments against human rights on the basis of cultural relativism, the AHRC launched a series of consultations, which lasted several years, to develop consensus for a human rights charter. The Asian Human Rights Charter, a people’s charter representing the consensus of Asian civil society, which resulted, was adopted in South Korea in 1998. While subscribing to the universality of human rights, it demonstrates Asia’s particular approaches being used in framing human rights, and is available in several languages. Efforts towards drafting an Asian Charter on the rule of law are ongoing.

Initiating an Asia-wide campaign against torture and ill-treatment, as an answer to widespread use of torture in Asian countries, has become one of AHRC’s core activities. This has resulted in the formation of the Asian Alliance Against Torture and Ill-Treatment (AAATI), which also holds meetings for parliamentarians from Asian countries to encourage them to play an active part in eliminating the use of torture.

The AHRC urgent appeals system

During Fernando’s leadership, the AHRC developed one of the most extensive urgent appeals programmes in the Asian region to assist persons who suffer human rights abuses. This programme is arranged so complaints can be received quickly, speedy interventions can be made at local, national, and UN levels, and the information can be disseminated to a large audience across the world. Over 350 urgent appeals from different Asian countries are received and acted upon by the AHRC annually. The appeals system has successfully led to the release of many ordinary people, saving them from suffering further human rights abuses.

Human rights education

The AHRC under Fernando’s watch has established a human rights school with a view to developing a new form of human rights education based on the application of human rights principles to current problems, adopting the Danish Style Folk School method of education through dialogue. The school holds live sessions in different countries in the region, and also by way of a correspondence school, disseminates lessons to local human rights organisations and also makes the same available on the Internet. The human rights school has been widely subscribed by the global human rights community, with over 200 persons accessing the modules every month.

In 1995, the AHRC also commenced a direct programme to train Chinese lawyers on the principles and proof of fair trial. This training programme has been ongoing annually, and the AHRC has managed to make a significant impact in promoting the rule of law in China, establishing partnerships with a remarkable number of lawyers, law teachers, academics, and activists.

On the basis of a large body of data gathered over many years, the AHRC has identified that archaic and extremely backward public justice systems, i.e. police, prosecution, judicial and prison institutions, are the major obstacle to the implementation of human rights in Asian countries. In order to overcome this major obstacle the AHRC has made advocacy for re-engineering of justice systems another key focus of its work.

Recognition

Basil Fernando is a Senior Ashoka Fellow and a Sohmen Visitor of Law at the University of Hong Kong. He received the Gwangju Prize for Human Rights in South Korea in 2001. He is also a reputed poet and creative writer, who writes in his mother tongue Sinhala and in English.

The following is the Press Release from the Right Livelihood Award Foundation:

2014 Awards honour courageous and effective work for human rights, freedom of the press, civil liberties and combatting climate change.

The 2014 Right Livelihood Honorary Award goes to EDWARD SNOWDEN (USA) “for his courage and skill in revealing the unprecedented extent of state surveillance violating basic democratic processes and constitutional rights”.

and to

ALAN RUSBRIDGER (UK) “for building a global media organisation dedicated to responsible journalism in the public interest, undaunted by the challenges of exposing corporate and government malpractices”.

Three Laureates will equally share the cash award of SEK 1,5 million:

The Jury recognises ASMA JAHANGIR (Pakistan) “for defending, protecting and promoting human rights in Pakistan and more widely, often in very difficult and complex situations and at great personal risk”.

It is the first time that a Right Livelihood Award goes to Pakistan.

The Jury awards BASIL FERNANDO/ASIAN HUMAN RIGHTS COMMISSION (Hong Kong SAR/China) “for his tireless and outstanding work to support and document the implementation of human rights in Asia”.

The Jury recognises BILL McKIBBEN (USA) “for mobilising growing popular support in the USA and around the world for strong action to counter the threat of global climate change”.

The Foundation will fund legal support for Edward Snowden.

The 2014 Right Livelihood Awards were to be announced at the Swedish Foreign Office pressroom on September 25, where the announcement has been taking place since 1995. But the Foreign Office has decided to cancel the press conference this year. The Right Livelihood Award Foundation thus decided to publish the news already today on its website and via newswires.

Further information and material supporting this press release can be accessed via http://www.rightlivelihood.org

For high-resolution pictures and videos, please also refer to
http://download.rightlivelihood.org

Please check the credit information provided before publication.

Ole von Uexkull, Executive Director of the Right Livelihood Award Foundation, said:

“This year’s Right Livelihood Laureates are stemming the tide of the most dangerous global trends. With this year’s Awards, we want to send a message of urgent warning that these trends – illegal mass surveillance of ordinary citizens, the violation of human and civil rights, violent manifestations of religious fundamentalism, and the decline of the planet’s life-supporting systems – are very much upon us already. If they are allowed to continue, and reinforce each other, they have the power to undermine the basis of civilised societies.

But the Laureates also demonstrate that the choice is entirely in our hands: by courageous acts of civil disobedience in the public interest, through principled and undeterred journalism, by upholding the rule of law and documenting each violation of it, and by building social movements to resist the destruction of our natural environment, we can turn the tide and build our common future on the principles of freedom, justice, and respect for the Earth.”

For more information, please see:
http://www.rightlivelihood.org/fileadmin/Files/PDF/Press\_releases/2014/English/PRESS\_RELEASE\_EN.pdf

# # #
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.
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AHRC-ANM-039-2014
September 24, 2014

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[Urgent Appeal] Three indigenous miners were found buried in a shallow grave -AHRC

Asian Human Rights Commission

PHILIPPINES: Three indigenous miners were found buried in a shallow grave
April 16, 2014
ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-052-2014

16 April 2014

——————————————————
PHILIPPINES: Three indigenous miners were found buried in a shallow grave

ISSUES: Extra-judicial killings; Indigenous people
——————————————————

Dear Friends,

The Asian Human Rights Commission (AHRC) deeply regrets to inform you that after being missing for several days, three people were found buried in a shallow grave near their hut. The three victims were last seen by their family on 2 March. The continuing presence of the military has heightened the threats and harassment in the community.

Asian Human Rights Commission

CASE DETAILS: (Based on the documentation by the Alliance for the Advancement of Peoples Rights (KARAPATAN) and Cordillera Human Rights Alliance (CHRA) and Bulatlat)

On 7 March 2014, Freddie ‘Fermin” Ligiw, (29), Eddie Ligiw, in his mid thirties and Licuben Ligiw in his mid sixties were found in a shallow grave near their hut. Their bodies were piled one on top of the other in the grave. The body of Eddie was at the bottom. He was shirtless when found. On top of him were the bodies of his father, Licuben and his brother, Fermin.

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[From the web] PHILIPPINES: ‘Torture wheels’ is tip of the iceberg — Asian Human Rights Commission

Asian Human Rights Commission

PHILIPPINES: ‘Torture wheels’ is tip of the iceberg — Asian Human Rights Commission.

Photo by CHRP

Photo by CHRP

The discovery of a ‘torture wheel’ “inside a private subdivision in Laguna,” which is under the control of intelligence officers in Biñan, Laguna, where detainees arrested for illegal drugs are tortured and held, drew outrage as to how the police conduct its investigation into crimes.

Asian Human Rights Commission

The “torture wheel” was discovered by the Commission on Human Rights (CHR) after conducting onsite inspections of the detention facility. The facility, however, was not included in the list of official detention centres; and, in fact, its operation reportedly surprised the Philippine National Police (PNP). The facility is “never included in the regular status reports of all police custodial and detention centers.”

With the discovery and exposure of this practice, the Asian Human Rights Commission (AHRC) expresses its appreciation to the CHR for investigating and conducting the onsite inspection. On this occasion the CHR went out of its way by investigating promptly and effectively into the complaints of torture.

The CHR’s investigation was in response to complaints received by the public attorney attached to the Public Attorney Office (PAO) in Laguna. The PAO lawyers filed the complaint with the CHR based on the allegations of torture by victims detained by the intelligence officers and policemen.

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[Urgent Appeals] Overt surveillance on a peasant leader in Bataan -AHRC

Asian Human Rights Commission

PHILIPPINES: Overt surveillance on a peasant leader in Bataan
ISSUES: Threats and intimidation; human rights defenders
3 September 2013

Asian Human Rights Commission

Dear Friends,

The Asian Human Rights Commission (AHRC) writes to inform you that renewed surveillance is being carried out on peasant leader in Bataan. The victim has actively participated in campaigns and human rights activities. A series of surveillance operations had been recognize by his family at their residence.

CASE DETAILS: (Based on the documentation by Alliance for the Advancement of People’s Rights (KARAPATAN))

On 2 August 2013 at 11am Rodolfo “Ka Rudy” Sambajon, Secretary General of Makabayan Coalition-Central Luzon, a local chapter of the Patriotic Coalition (Makabayan) and the National Chairperson Emeritus of the National Federation of the Small Fisherfolk Organization in the Philippines (Pamalakaya), noticed a man riding a Kawasaki motorcycle passing by when he arrived at his home in Orani, Bataan. One reason he noticed this particular motorcycle was because it had an improvised “lost plate” licence plate of vehicle registration number.

According to Ka Rudy, the man riding in the motorcycle had a military haircut and was about 5’7” tall. Ka Rudy’s son also reported that he had seen the same man coming out of an alley near their house and looking around.

On 4 August, Ka Rudy’s wife sent him a text message warning him not to go home. She noticed unfamiliar men going around their place and especially hawkers whom she suspected to be government intelligence agents.

The incident happened almost three weeks after Ka Rudy joined a Quick Response Team (QRT) on 14 July 2013 to look into the case of the reported abduction of farmers in Bataan by soldiers of the 24th Infantry Battalion of the Philippine Army (IBPA). Also in July, the National Office of Karapatan received a report that Ka Rudy has been targeted for assassination by the 72nd Military Intelligence Company, a unit of Sgt. Antonio Hilario. Antonio Hilario is the brother of M/Sgt. Rizal Hilario, a co-accused of Ret. Maj. Gen. Jovito Palparan for the enforced disappearance of the two University of the Philippine students Sherlyn Cadapan and Karen Empeño.

BACKGROUND INFORMATION:

In 2002, Ka Rudy, then the National Chairperson of National Federation of the Small Fisherfolk Organization in the Philippines (Pamalakaya), was in a protest action against the demolition of houses in Brgy. Ambulong, Tanauan City, Batangas. The demolition was part of the plan to put up a “development project” and a beach resort at the foot of the Taal Lake which will destroy the livelihood of more than 20 families.

On 14 March 2002, an estimated 400 elements from the Batangas, Laguna, and Manila Philippine National Police backed up some 150 members of a demolition team arrived. The residents and their supporters barricaded the area but the police and demolition team attacked the barricade. While Ka Rudy, with the community leaders of farmers and fisher folk, tried to negotiate with the police and the court’s sheriff, one of the police men got angry and pulled out his gun and threatened to shoot Ka Rudy. A farmer, Roberto Dumampo, saw this and struck the police’s hand. The gun fired and the bullet nearly hit the head of Dumampo. This led to gunfire by the police during which seven people injured due to the violent dispersal of the police and 22 families were dislocated due to the demolition.

On December 2006, Ka Rudy was harassed after he joined a fact-finding mission on the cases of extrajudicial killings and frustrated extrajudicial killings in Orani, Bataan.
The barangay captain and a number of neighbours reported to Ka Rudy that some men were asking people about a man named “Ka Rudy Sambajon.” For his own safety, Ka Rudy decided to leave his home and stayed in peasant communities where he is organizing or helping out farmers on land disputes.

For more than four years, Ka Rudy was unable to go home for fear that his family might experience the same harassment from suspected military agents.

In 2010, Ka Rudy learned from his colleagues that motorcycle-riding men wearing ski masks were looking for him at the house he was staying in Bataan. These men came to the said house a couple of times. (See 2010 Karapatan Year-End Report on the Human Rights Situation in the Philippines)
On 11 September 2010, in Brgy. Gen. Lim, Orion, Bataan, Ka Rudy was in a meeting of the Samahan ng mga Magsasaka at Mamamayan ng Bangad (SMMB) or the Association of Farmers and Residents of Bangad. During the meeting, the members noticed that three unidentified men arrived on two motorcycles without plate numbers. The SMMB members saw the three men observing them.

After the meeting, Ka Rudy left and waited for a bus at a street corner about 100 meters away from their meeting place. Two men on motorcycles approached him and asked for his name and what he was doing in the meeting.

Ka Rudy in turn asked them who they are and asked for their identification cards. The man driving the motorcycle said, “We are policemen! What is your name?” However, their questioning was cut short and immediately left when they saw a member of the SMMB approaching them.

Ka Rudy was about to go back to the venue of the meeting to relay to his colleagues what happened but, not far from the corner, he saw the two motorcyclists following him. Ka Rudy was forced to enter the nearest yard to ask for help. The men on the motorcycles approached him. One of the men pulled out a gun and shouted, “Do not try to run! Come here! What is in your bag?”

The owner of the house came out upon hearing the noise and the two men were frightened away. Ka Rudy immediately reported the incident to a member of the SMMB who went to the house. While the two were talking, the motorcycle riding men came back and one of them pointed his finger at Ka Rudy.

The SMMB member took Ka Rudy to his tricycle and away from the community. The two motorcyclists who had earlier pointed a gun at Ka Rudy tailed them but were lost when Ka Rudy and his companion drove around the community to shake off the men. Ka Rudy was able to get out of the area safely.

In the afternoon of the same day, seven men threatened a member of the SMMB to get Ka Rudy’s house address. The same men were reported to be asking around residents about Ka Rudy – what he looks like and where his home is. Another report came to Ka Rudy that men were keeping watch on his house.

The surveillance at Ka Rudy’s house by suspected police and military agents continued until 13 September 2010.

SUGGESTED ACTION:

Please write letters to the concerned authorities listed below expressing your concern about this case.

The AHRC is also writing a separate letter to the UN Special Rapporteur on the situation of human rights defenders.

SAMPLE LETTER:

Dear __________,

PHILIPPINES: Overt surveillance on a peasant leader in Bataan

Name of the victim: Rodolfo “Ka Rudy” Sambajon, 67 years old, fisherman, Secretary General of Patriotic Coalition – Central Luzon (Makabayan). He is the National Chairperson Emeritus of National Federation of Small Fisherfolk Organization in the Philippines (Pamalakaya).

Alleged Perpetrators: unidentified men
Date of incident: 2 and 4 August 2013 at 11am
Place of incident: Family residence in Orani, Bataan.

I am writing to draw your attention regarding the surveillance to Rodolfo “Ka Rudy” Sambajon, Secretary General of Makabayan Coalition-Central Luzon, a local chapter of Patriotic Coalition (Makabayan) and National Chairperson Emeritus of National Federation of Small Fisherfolk Organization in the Philippines (Pamalakaya), on 2 August 2013 at 11am. He noticed a man riding in a Kawasaki motorcycle passed by when he arrived at his home in Orani, Bataan. One reason he noticed this particular motorcycle was because it had an improvised “lost plate” licence plate of vehicle registration number.

According to Ka Rudy, the man riding in the motorcycle had a military haircut and was about 5’7” tall. Ka Rudy’s son also reported that he had seen the same man coming out of an alley near their house and looking around.

I am aware that on 4 August, Ka Rudy’s wife sent him a text message warning him not to go home. She noticed unfamiliar men going around their place and especially hawkers whom she suspected to be government intelligence agents.

The incident happened almost three weeks after Ka Rudy joined a Quick Response Team (QRT) on 14 July 2013 to look into the case of the reported abduction of farmers in Bataan by soldiers of the 24th Infantry Battalion of the Philippine Army (IBPA). Also in July, the National Office of Karapatan received a report that Ka Rudy has been targeted for assassination by the 72nd Military Intelligence Company, a unit of Sgt. Antonio Hilario. Antonio Hilario is the brother of M/Sgt. Rizal Hilario, a co-accused of Ret. Maj. Gen. Jovito Palparan for the enforced disappearance of the two University of the Philippine students Sherlyn Cadapan and Karen Empeño.

I urge you to conduct an effective investigation in order to identify and held to account those responsible in conducting the surveillance on Rudy Sambajon. Also, ensure the safety of the victim and his family. They must be afforded with adequate security and protection promptly. It is disappointing that despite previous similar incidents, there has not been any progress to ensure their protection and safety.

I trust that you will take appropriate action in this.

Yours sincerely,

——————————
PLEASE SEND YOUR LETTERS TO:

1. Mr. Benigno Aquino III
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80

2. Ms. Loretta Ann Rosales
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chair.rosales.chr@gmail.com

3. Police Director Alan LM Purisima
Chief, Philippine National Police
Camp General Rafael Crame
Quezon City, Philippines
Fax +632 7248763
Email: feedback@pnp.gov.ph

4. Ms. Leila de Lima
Secretary
Department of Justice (DOJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: soj@doj.gov.ph

Thank you.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC) (ua@ahrc.asia)

AHRC Philippines page: http://www.humanrights.asia/countries/philippines
Follow us on:
Facebook: ahrc pilipinas
Twitter: @ahrcphilippines
Podcast: AHRC Philippines Rights Cast

Visit our new website with more features at http://www.humanrights.asia.

——————————————————
NEW REPORT:
Special Report: The Philippines’ hollow human rights system

Click to access v11n0203.pdf

Human Rights Online Philippines does not hold copyright over these materials. Author/s and original source/s of information are retained including the URL contained within the tagline and byline of the articles, news information, photos etc.

[From the web] Manila mayor tortures rape suspect in full view of the public — Asian Human Rights Commission

Asian Human Rights Commission

PHILIPPINES: Manila mayor tortures rape suspect in full view of the public — Asian Human Rights Commission.

Asian Human Rights Commission

The Asian Human Rights Commission (AHRC) is demanding an explanation as to why the police did nothing to prevent Manila Mayor, Alfredo Lim, from interrogating and torturing a rape suspect in full view of the public. In this report by the GMA News, about five policemen in uniform, including a senior police officer, were present in front of Mayor Lim as he questions, extracted a confession and forced the suspect to admit he had raped a woman and attempted to rape and rob another.

The transcript from the broadcast of Mayor Lim’s questioning clearly breaches the provisions of the Anti-Torture Act of 2009. Under the Anti-Torture Act of 2009, to inflict pain either physical or psychological for purposes of extracting a confession, information and forcing a person to admit to a crime is a criminal offence:

Photo: TV grab from GMA News.

1:04-2:15 (time code)

Mayor Lim: ‘diba ikaw ang nang holdap dito? (Isn’t it you who rob this woman?)

Suspect: Hindi kami (It is not us)

Mayor Lim: (asking the two complainants) Sino ba ang nang-holdap sa iyo? (Who robbed you?) O, ikaw daw eh! Magsalita ka! (You see, she said it was you!) (Mayor Lim, in yellow dress, was seen pressing the suspect’s shoulder hard).

Suspect: Hindi (No, it is not me).

Mayor Lim: Hindi? Ibig mong sabihin nagsisinungaling ito? (No? As you saying the complainants are lying?)

1:28-2:15 (timecode)

Mayor Lim: Totoo ‘yung sinasabi n’ya? Ha? (So, what she said is true, right?)

Suspect: Oo. (Yes) (this time it is obvious that the suspect was forced to admit)

Mayor Lim: So, totoo ito inaamin mo na pinagtatangkaan mo. Naholdap eh. Na dadalhin dun sa…para gahasain. (So, you are admitting that you attempted to rape this woman. She was robbed and was attempted to be raped).

The AHRC is shocked, but not surprised, by the inaction of the police and of how Mayor Lim could openly break the law in front of the law enforcement officers. The policemen, including a senior officer, by the uniform he was wearing, did nothing to prevent Mayor Lim from torturing the victim. In a situation where a suspect is questioned in the absence of his legal counsel by an influential politician in front of senior police officers and journalists, it is likely that any suspect would admit to anything.

Read full article @www.humanrights.asia

Human Rights Online Philippines does not hold copyright over these materials. Author/s and original source/s of information are retained including the URL contained within the tagline and byline of the articles, news information, photos etc.

[Urgent Appeal] Court records, military asset and mil docus used as evidence to affirm fabrication of charges on activists -AHRC

Asian Human Rights Commission

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Update: AHRC-UAU-010-2013
3 April 2013
[RE: AHRC-UAU-036-2012: PHILIPPINES: Two urban poor leaders and 30 others falsely charged with murder]
———————————————————————
PHILIPPINES: Court records, military asset and military documents were used as evidence to affirm fabrication of charges on activists
ISSUES: Human rights defenders; administration of justice; fabrication of charges
———————————————————————

Dear friends,

Asian Human Rights CommissionThe Asian Human Rights Commission (AHRC) is writing with deep concern that the investigation conducted by the Commission on Human Rights (CHR) after our appeals concerning the fabrication of charges on two urban poor leaders was ineffective. It appears that CHR investigators did not investigate adequately and thoroughly. Rather than conducting a serious investigation they collected documents from the court, cited confessional evidence of a military asset and documents from the military to conclude their report.

UPDATED INFORMATION:

In December 19, 2012, we issued an appeal concerning the fabrication of charges on Roy Velez, regional chairperson of the Kilusang Mayo Uno (KMU), Amelita Gamara, of Defend Job Philippines, and 30 others. For details please see: AHRC-UAU-036-2012.

In response to our appeal, on January 21, 2013 the Commission on Human Rights (CHR) Regional Office in Naga City conducted their investigation. In their investigation, however, the CHR reaffirmed the filing of charges on them and concluded that:

“……..It appears on the evidences presented by the side of the complainant that the witnesses were former members of the NPA who positively identified the list of accused in this case. The witnesses were able to recount the incident of the attack as it happened……..

The right to due process includes the right to meet your accusers and their witnesses face to face. The witnesses in this case were willing to testify for and in behalf of the victims. They stand by their testimony that they have witnessed the commission of the crime and that they were able to identify the names of the accused for they were once of the NPA but are now rebel returnees.

The accused should face the accusations against them in order for them to be able to give their side of the case and to prove their innocence in the crime they are accused of. (Attys. Arlene Alangco & Donnah Federico-Madrona, CHR Region V sub-office Investigation Report, January 21, 2013, pp. 4-5)”

Upon receipt of the CHR’s report, the AHRC forwarded the copy to Roy Velez and Amelita Gamara who are presently forced to go into hiding.

In her reply, Gamara pointed out:

“……The contents of the report was a disappointment to me. It was a rephrased copy of the Information and Resolution from the prosecutor who filed the case before the Branch 64 Labo Regional Trial Court

…..we were denied of this right because not a single piece of this information came to our knowledge until two persons were arrested (Raul Camposano and Randy Vegas of COURAGE) under the same warrant of arrest. The CHR one sidedly relied on the complainants’ and witnesses’ statements that we live in some general location address, and conveniently stated in the resolution that no response came from the address to where they sent the notices.”

In his reply, Velez pointed out:

“In the declaration of their definition of “truth”, is it as if the CHR merely use the statements of facts information which came from only one side? If the military is the one accusing a certain person, and you are not biased, you will not use/issue a statement of fact that is purely one-sided.

Did the confirm that me and Amelita Bravante were really there? It is VERY CLEAR that they DID NOT. They did not even attempted to go to the KMU National’s office which is just a 30-minute ride from their office in UP. They did not even ask for our opinion or our side of the story and they just used the information in the court that came only from the military.

COMMENTS AND OBSERVATIONS OF THE AHRC:

In concluding their report, the CHR relied heavily on the court documents they obtained from a Court Interpreter at the Regional Trial Court Branch (RTC), Branch 64, in Labo, Camarines Norte on January 15, 2013. The CHR ignored the victims’ alibi that they could not have been physically present in Barangay Maot, Labo, Camarines Norte on April 29, 2012, where the attack that killed four soldiers took place.

In the unofficial translation of their sworn statements originally written in Filipino, in Gamara’s statement & Velez’ statement it was clear that they were both in Metro Manila, and could not have been physically present at the location where the crime happened. However, there is nothing in the CHR’s investigation report that includes their testimonies.

The testimonies of the witnesses, where the CHR pointed as evidence of the “positive identification of the accused,” were witnesses: Gil Oresaca, an intelligence person working for the military and SP02 Reynate Nacario, who neither knew the perpetrators of the attack in person or by their names. Also, the documents of the investigation the CHR has quoted is information provided by the Armed Forces of the Philippines (AFP), not the police, because the CHR did not even get the forensic investigation report despite repeated requests.

Also, it is unthinkable for Oresca to identify with accuracy the names, aliases and exact home address of the 23 rebels, two of whom are the accused Velez and Gamara, at once in a very chaotic situation of attack. Also SP02 Nacario’s ‘positive identification’ of the accused was not his identification, but from the military men who had debriefed him and given him the names of the supposed identities of the perpetrators.

Gamara and Velez were both in Metro Manila on the same day the killing happened. In fact, Gamara could not walk properly due to her illness and medical condition. Also, there were witnesses who could testify that Velez was physically present in the Silverio compound, Paranaque City, to assist the burial of a villager who was killed in a demolition.

Moreover, when the CHR conducted its investigation neither Velez nor Gamara was given the opportunity to respond to the allegations. The AHRC is deeply concerned by the manner in which the CHR is conducting its investigation in this case.

Therefore, we urged the CHR to review their investigation. The victims, who are also the accused in the fabricated criminal charges should be given an opportunity to respond substantively to the allegations against them.

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (AHRC) (ua@ahrc.asia)

AHRC Philippines page: http://www.humanrights.asia/countries/philippines
Follow us on:
Facebook: ahrc pilipinas
Twitter: @ahrcphilippines
Podcast: AHRC Philippines Rights Cast
Visit our new website with more features at http://www.humanrights.asia.

Human Rights Online Philippines does not hold copyright over these materials. Author/s and original source/s of information are retained including the URL contained within the tagline and byline of the articles, news information, photos etc.

[Urgent Alert] Save 78 poor fisherfolk families from forced eviction and starvation in the Freedom Island of Paranaque City -AHRC

Asian Human Rights Commission

ASIAN HUMAN RIGHTS COMMISSION – HUNGER ALERT PROGRAMME
Hunger Alert Case: AHRC-HAC-003-2012

29 January 2013


——————————————————
PHILIPPINES: Save 78 poor fisherfolk families from forced eviction and starvation in the Freedom Island of Paranaque City

ISSUES: Right to food; inhuman and degrading treatment; hunger, starvation, corruption; impunity; rule of law
——————————————————

Dear friends,

Asian Human Rights CommissionThe Asian Human Rights Commission (AHRC) has learnt about 78 families belonging to fisherfolk community facing threats of imminent eviction during a field visit undertaken by its Programme Coordinator for Right to Food Programme together with a representative of Defend Job Philippines. The local authorities had served the notice of eviction to these families residing in the Floating Houses in the Coastal Area of San Dionisio in August 2012 and are now trying to relocate them. The families had come to this area in 2006 after facing a similar eviction from areas like Marina and Tambo. To persuade them to move to this area, the Philippine Estate Authority (now Philippine Reclamation Authority) had entered into a formal agreement with them and promised them priority status in the housing programme. Needless to say the Authority has not kept its promise. Impending eviction coupled with plans to relocate them to nearby mountains will not only cause grave trouble for the families but also imperil their food security. They will be exposed to starvation as they have no skills other than fishing for daily living and pure survival.

CASE NARRATIVE:

Continuing its threat of evicting the fisherfolk community living in the Coastal Area of San Dionisio in the Freedom Islands, officials of the National Housing Authority conducted visits in the area this month to ‘convince’ the families to relocate to Bario Agua Trece Martirez in Cavite.

The visits coincided with the Department of Environment and Natural Resources’ rejection of the demand of the fishermen’s organization to recall the environmental compliance certificates (ECCs) issued to development projects that involved the massive land-reclamation projects along the Manila Bay area, thereby making the eviction of the community imminent. The DENR, through the Environmental Management Bureau (EMB), also rejected the group’s call for a moratorium on the issuance of ECC for similar projects in the future.

The Philippines Estates Authority Tollway Corporation(PEATC) had first served an eviction notice on the community on August 8, 2012, through a letter its president Mr. Andrew Jude D. Deyto wrote to Mr. Pablo Olivarez, Barangay Chairman. The president had ‘advised’ the residents of the Floating Houses in the Coastal Area of San Dionisio to immediately vacate the area in accordance with the order of the Public Estate Authority. Mr. Olivarez communicated the notice to the residents on August 27 while informing them about the plan of PEATC.

Ever since serving the notice, representatives of the Philippine Reclamation Authority have threatened and harassed the people with repeated threats and deadlines. The authority had set December 2012 as the deadline for forcibly evicting the residents if they do not heed its advice and vacating the area by then.

If carried out, this would be the second forced eviction from their settlements for the 78 families living in the Floating Houses in less than 6 years. The families had been forcibly relocated to the area in April 2006 from their homes in Marina and Tambo. Relocation was accompanied by a formal agreement by the Philippine Estate Authority (now Philippine Reclamation Authority) that promised the residents priority status in the housing program. Needless to say, the Authority never fulfilled its promise. They are still trying to evict the families.

The relocation sites offered by the local Government of Paranaque expose not only their utter lack of sensitivity to the people, but also a recklessness in dealing with the issue. The authority had first offered two sites for relocation. Antipolo in Rizal was the first followed by Trece Martirez in Cavite, making the later the preferred one. Trece Martirez , four hours away from the Freedom Islands, lies in a mountainous region, far away from the sea or any other body of water, the basic source of livelihood for fishermen dependent on fishing for survival. Forced eviction followed by relocation, therefore, would seriously undermine their already endangered food security. It would also play havoc with the studies of the children as they are enrolled in schools inside Paranaque City.

None of this suggested that conditions in the boathouses are liveable to any extent! For example, local government authorities have not provided even such a basic amenity as clean drinking water under the garb of the habitat being illegal. This is a position absolutely untenable for the simple fact that the same authorities paid 6000 Pesos per family in 2006 as relocation assistance.

Coming back to the water issue, the residents are compelled not only to buy their water but also to fetch it from a distance of almost a kilometre. They pay 3 Peso per gallon with the daily requirement of a single family ranging from 5 to 10 gallons. In addition, 10 pesos is required for transporting it back to their houses by a paddy cab. Thus, water alone, uses up a significant portion of their daily earnings.

The forced eviction and later reclamation of the area will not merely affect these 78 families but also more than 10000 families that are part of the Paranaque Aquamarine Sellers Cooperative. The cooperative represents and organises people in fishermen’s wharf and helps them sell their catch in organised ways. The reclamation will also affect more than 1000 paddycab drivers and their families as their livelihood depends upon the cooperative. The forced relocation together with reclamation will cause an even bigger livelihood threat to the paddycab drivers as they have not been promised any relocation.

ADDITIONAL DETAILS:
The Floating community is located along the shore of Manila Bay near the Freedom Islands in Paranaque and Las Pinas City and faces reclamation under the Manila Cavite Coastal Road Reclamation Project. The project started in 1970 is continued by the the Philippine Reclamation Authority (PRA) with support from the national government. The PRA is in partnership with the Altech Corporation, a company owned by Danding Cojuanco who happens to be the uncle of the President of the Philippines.

The planned reclamation has been opposed by the community through the SAVE FREEDOM ISLANDS MOVEMENT. The movement believes that continued reclamation will also worsen the flood problems in Metro Manila affecting the residents of the two cities; Paranaque and Las Pinas.

The reclamation would prove a disaster even on purely ecological grounds as the Island provides a natural shield against typhoons. It’s lagoon functions as an outlet for major waterways in the two cities. Furthermore, its rich ecosystem plays a vital role in human, bird and marine life. It is the only remaining coastal periphery of mangroves and salt marshes. Multifarious biodiversity in Metro-Manila serves as an avian refuge for 80 different species of birds including the Black-crowned Night Herons, Kentish plovers, Curlew Sandpipers and Siberian Ruby Throats, the endangered Chinese Egret, Philippine Duck and the rare Pied Avocet. By virtue of this, it was declared a critical habitat in 2007 by Proclamation No: 1412.

SUGGESTED ACTION:
Please write to the authorities mentioned below demanding immediate intervention to stop the plans of evictions and forced relocation of the 78 families residing in the Freedom Islands. You may also demand that the authorities provide basic amenities like tapped water and electricity to the community.
The AHRC is writing separate letters to the UN Special Rapporteur on the Right to Food and Special Rapporteur on Adequate Housing asking for their intervention in the case.

SAMPLE LETTER:

Dear __________,

PHILIPPINES: Save 78 poor fisherfolk families from forced eviction and starvation in the Freedom Island of Paranaque City

Name of the victims: 78 families of a fisherfolk community,
Place of incident: Freedom Island of Paranaque City

I want to draw your kind attention to an eviction notice served on the 78 fisherfolk families residing in the Floating House in the Coastal Area of San Dionisio by the Philippine Estates Authority Tollway Corporation(PEATC).

Continuing their threat of evicting the fisherfolk, the officials of the National Housing Authority conducted visits in the area this month to ‘convince’ families to relocate to Bario Agua Trece Martirez in Cavite.

The visits coincided with the Department of Environment and Natural Resources’ rejection of the demand of fishermen’s organization to recall the environmental compliance certificates (ECCs.) These were issued to development projects that involved the massive land-reclamation projects along Manila Bay, thereby making eviction of the community imminent. The DENR, through the Environmental Management Bureau (EMB), also rejected the group’s call for a moratorium on the issuance of ECC for similar projects in the future.

The Philippine Estates Authority Tollway Corporation(PEATC) had first served an eviction notice on the community on August 8, 2012, through a letter its president Mr. Andrew Jude D. Deyto wrote to Mr. Pablo Olivarez, Barangay Chairman. The president had ‘advised’ the residents of the Floating House in the Coastal Area of San Dionisio to immediately vacate the area in accordance with the order of the Public Estate Authority. Mr. Olivarez communicated the notice to the residents on August 27 while informing them about the plan of PEATC.

Ever since serving the notice, representatives of the Philippine Reclamation Authority had threatened and harassed the people by way of repeated threats and deadlines. The authority had set December 2012 as the deadline for forcibly evicting the residents if they do not heed its advice of vacating the area by then.

If enforced, this would be the second forced eviction from their settlements for the 78 families living in the Floating Houses in less than 6 years. The families had been forcibly relocated to the area in April 2006 from their homes in Marina and Tambo. This relocation was accompanied by a formal agreement by the Philippine Estate Authority (now Philippine Reclamation Authority) that promised residents would be given priority status in the housing program. Needless to say the Authority never fulfilled its promise, still trying to evict the families.

The relocation sites offered by the local Government of Paranaque expose not only their utter lack of sensitivity to the people, but also recklessness in dealing with the issue. Two sites were first offered for relocation, the first being Antipolo in Rizal and the other Trece Martirez in Cavite, making the later the preferred one. Trece Martirez , four hours away from the Freedom Islands, lies in a mountainous region far away from the sea or any other body of water, the basic source of the livelihood for the fishermen dependent on fishing for survival. Forced eviction followed by relocation, therefore, would seriously undermine an already endangered food security for the poor families. It would also play havoc with the studies of the children as they are enrolled in the schools inside Paranaque City.

None of this is to suggest that the conditions in the boathouses are liveable to any extent! For example, local government authorities have not provided even the basic amenities like clean drinking water under the garb that the habitat is illegal. This is a position absolutely untenable for the simple fact that the same authorities paid 6000 Pesos per family in 2006 as relocation assistance.

Getting back to the water issue, the residents are compelled not only to buy their water but also to fetch it from a distance of almost a kilometre. They pay 3 Peso per gallon with the daily requirement of a single family ranging from 5 to 10 gallons, and an additional 10 pesos for transporting it back to their houses by a paddy cab. Water alone, thus, eats up a significant portion of their daily earnings.

A forced eviction and a later reclamation of the area will not merely affect these 78 families but also more than 10,000 families that are part of the Paranaque Aquamarine Sellers Cooperative. The cooperative represents and organises people in the fishermen’s wharf, helping them to sell their catch in an organised way. The reclamation will also affect more than 1,000 paddycab drivers and their families as their livelihood depends upon the cooperative. Forced relocation together with reclamation will cause an even bigger threat to the livelihood of paddycab drivers as they have not been promised any relocation.

I therefore urge you to:

1. Instruct the PEA/PRA to put an immediate end to the plans of eviction of the 78 families living in the Floating houses
2. Instruct the PEA/PRA to stop threatening the families
3. Instruct them to provide basic amenities like clean drinking water and electricity to the community
4. Have a constructive dialogue involving the fishermen and urban poor families in the planned development in the area.
5. Instruct the Barangay San Isidro Government and the Paranaque City Government to focus on ensuring the rights and welfare of the residents of the floating community and including them in their housing program.
6. Ensure that no relocations for any community are done in areas not conducive to their sources of livelihood.

Sincerely,
_______

PLEASE SEND YOUR LETTERS TO:

1. Mr. Benigno Aquino III
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80

2. Ms. Loretta Ann Rosales
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chair.rosales.chr@gmail.com

3. Corazon Juliano-Soliman
Secretary, Department of Social, Welfare and Development
Constitution Hills, Batasan Pambansa Complex,
Quezon City
PHILIPPINES
Tel/Fax: +63 (2) 931-81-91

4. Sec. Joel Rocamora
Lead Convener
National Anti-Poverty Commission
3rd Floor, Agricultural Training Institute Building
Elliptical Road, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 927 9796 / 426 5249
Email: napc.gov@gmail.com

5. Mr. Jean Zeigler
UN Special Rapporteur on the Right to Food
Attn: Mr. Carlos Villan Duran
C/o OHCHR-UNOG
1211 Geneva 10,
SWITZERLAND
Tel: +41 22 917 9300
Fax: +41 22 9179010
Email: sect.hchr@unog.ch

6. Ms. Raquel ROLNIK
UN Special Rapporteur on Adequate Housing
Attn: Ms. Cecilia Moller
Room 4-066/010
C/o UNOG-OHCHR
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9265
Fax: +41 22 917 9010 (ATTENTION: SPECIAL RAPPORTEUR ADEQUATE HOUSING)
Email: urgent-action@ohchr.org

Thank you

Hunger Alerts Programme
Right to Food Programme (foodjustice@ahrc.asia)
Asian Human Rights Commission (ua@ahrc.asia)

Visit our new website with more features at www.humanrights.asia.

Human Rights Online Philippines does not hold copyright over these materials. Author/s and original source/s of information are retained including the URL contained within the tagline and byline of the articles, news information, photos etc.

[Urgent Appeal] Supreme Court takes judicial action on plot to kill falsely charged activist (Cocoy Tulawie)-AHRC

Asian Human Rights Commission

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

Free Cocoy tulawie2

NEW REPORT:

Special Report: The Philippines’ hollow human rights system
http://www.article2.org/pdf/v11n0203.pdf

Asian Human Rights Commission

Dear friends,

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.

UPDATED INFORMATION:

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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[Press Release] Legal critique of Abadilla Five and Vizconde cases released -AHRC

Asian Human Rights Commission

PHILIPPINES: Legal critique of Abadilla Five and Vizconde cases released

(Hong Kong, December 20, 2012) The Asian Human Rights Commission (AHRC) is publishing today a 24-page legal critique of two controversial decisions issued by the Supreme Court (SC), the People v. Lumanog and the Lejano v. People, in comparison to judicial decisions in common law countries.

The case People v. Lumanog is about the SC’s decision affirming the conviction and sentence to life imprisonment of five torture victims: Lenido Lumanog, Augusto Santos, Cesar Fortuna, Joel and Rameses de Jesus, in September 2010. They were convicted for the murder of Rolando Abadilla, a police colonel during the Marcos regime, on June 13, 1996.

The case Lejano v. People concerns the acquittal of Freddie Webb, son of a former Philippine Senator, and six others from wealthy family background in the widely publicized Vizconde massacre case. The case is about the gang-rape and murder of a woman, her 19 and 7-year-old daughters on June 30, 1991.

The release of this paper is timely given the announcement by Leila De Lima, secretary of the Department of Justice (DoJ), of her recommendation to President Benigno Aquino III to release the “Abadilla Five” on ‘conditional pardon’. In her statement, De Lima has said ‘conditional pardon’ for them was fitting as “…to me there’s a moral certainty about the lack of reasonable doubt.”

This paper thoroughly examines the People v. Lumanog case on how arbitrarily the arrests were conducted, the illegality in collecting material and confessional evidence, particularly by way of torture; how protracted and long overdue the conclusion of this trial was, and events that preceded the SC’s decision to convict the victims.

The acquittal of the accused in Lejano v. People has already given rise to questions of legal certainty and consistency of judicial decisions of the SC. This question remains unresolved. However, what is clear in Lumanog and Lejano cases is that the former the accused were poor people with no influence in the latter they were wealthy and influential.

These two decisions gives rise to questions on enforcing the fundamental rights to due process and fair trial of any accused, rich or poor, in Philippine courts. These cases demonstrate inequality before the law and the denial of protection of poor people whom the State ought to protect.

This paper is written by Danilo Andres-Reyes, a staff member of the AHRC, who is also responsible for the organisation’s work on the Philippines. He hopes the paper can contribute to cultivating a more substantive analysis as to how fundamental rights are denied systematically by the judicial system expected to safeguard them.

Mr. Reyes would like to thank Professor Simon Young, Associate Professor & Director of the Centre for Comparative and Public Law (CCPL) at the Faculty of Law, University of Hong Kong, for his permission and encouragement to publish this paper, and his kind remark that: “It is a very good paper on a timely topic”.

# # #

About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

Visit our new website with more features at http://www.humanrights.asia.

FOR IMMEDIATE RELEASE
PRESS RELEASE
AHRC-PRL-054-2012

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[Statement] Murder is murder, not a ‘legitimate encounter’ -AHRC

Asian Human Rights Commission

A Statement from the Asian Human Rights Commission

PHILIPPINES: Murder is murder, not a ‘legitimate encounter’

On December 19, the Commission on Human Rights (CHR) was reported to have concluded after over two years of investigation that the killing of botanist Leonard Co and his two assistants in Leyte in November 2010 “was due to the military’s failure to distinguish civilians from combatants.” The CHR has submitted its report to the Department of Justice (DoJ) but did not make recommendations on as to what criminal charges should be filed against the soldiers involved in the operation and killings. The CHR has left it to the DoJ to “determine what charges will be filed.”

The AHRC welcomes the CHR’s report though it is of the opinion that it could have been resolved more promptly. The AHRC feels that the publication of the report is long overdue and rejects the CHR’s inability to conclude what charges should be filed against the soldiers. Killings on the pretext of ‘legitimate encounter’ are very common in remote areas when soldiers conduct military operations and the justification of killings as ‘legitimate encounters’ has been the convenient excuse used by the soldiers and the police to escape criminal liability.

The AHRC strongly believes that the killing of Leonardo Co and his two assistants was not due to the “military’s failure to distinguish civilians from combatants,” but rather a ‘premeditated murder’. This judgement is based on the numerous cases of killings on the pretext of ‘legitimate encounter’ which were later found to be murders. Unless the CHR categorically concludes and recommends to the DoJ to prosecute the soldiers for murder, the soldiers and the policemen will continue to use ‘legitimate encounter’ as the justification for their ‘widespread and systematic’ killing of civilians.

Operations conducted by the Armed Forces of the Philippines (AFP), including the operation that killed Leonardo Co and his aides, in fighting against the communist and the separatist insurgencies are thoroughly planned. The soldiers have deeply embedded intelligence networks in these communities and are fully aware about who and what is going on. In fact, it is very common for the soldiers and the police to keep records of people who live in the villages, those who come and go because most of these villages are under curfew and hamletting, which is the collection of villages under military control.

In view of this to claim that these soldiers would go on military operations proceeding to areas under their complete control not knowing who the people in the communities are is to deny reality. In fact, to know or not whether the victims were civilians is irrelevant in Co’s case. Ms. Loretta Rosales, chairperson of the CHR, herself has said: “The truth is, there was no legitimate encounter because it was one-sided, there was no exchange of fire.”

Apart from the killing of Co and his aides, local human rights organisations have since documented numerous cases of killings on the pretext of ‘legitimate encounter.” Of late is the massacre of the Capion family on October 18 this year in Tampakan, South Cotabato. In our 2012 Human Rights report (p. 10) we have concluded that;

“To justify civilian deaths in massacres as ‘legitimate encounter’ is common practice by soldiers. They are able to escape scrutiny because of practical difficulty for the police to effectively and impartially investigate these cases in their remote sites of occurrence. Before the Ombudsman resolved to indict soldiers for the death of Bacar Japalali and his pregnant wife Carmen in September 2004, the deaths were also justified as a ‘legitimate encounter’. The Ombudsman, however, rejected the soldiers’ claim, because the bodies of the couple were still inside the mosquito net when found. The soldiers also portrayed the couple as members of a Muslim rebel group in an attempt to discredit them and to escape criminal liability. However, investigation by the prosecutors and the police revealed the couple had nothing to do with armed rebellion.

The AHRC strongly recommends to the CHR and the DoJ to prosecute soldiers and policemen, not only in Co’s case, but in many other cases where the killings of civilians have been justified as a ‘legitimate encounter’ on charges of murder. It is the utmost responsibility of the CHR and the DoJ to make it clear to the authorities and the public that murder is murder, not ‘legitimate encounter’. It must be made clear to the military and the police establishments that they will be held accountable for murder in order to end this practice.

# # #

About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

FOR IMMEDIATE RELEASE
AHRC-STM-274-2012
December 21, 2012

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[Urgent Appeals] Indigenous activist accused of being a rebel is exonerated -AHRC

Asian Human Rights Commission

PHILIPPINES: Indigenous activist accused of being a rebel is exonerated
ISSUES: Extrajudicial killing; human rights defenders; indigenous people; victim’s assistance & protection

NEW REPORT:
Special Report: The Philippines‘ hollow human rights system

Click to access v11n0203.pdf

Dear friends,

Asian Human Rights CommissionThe Asian Human Rights Commission (AHRC) is pleased to inform you that an indigenous villager, one of the claimants of a disputed ancestral land whom the police had earlier suspected of being a rebel who was wounded in a fight, has already been cleared. The police investigation which they conducted after an appeal was issued on his case concluded that the local police have not accused him of being a rebel.

UPDATED INFORMATION:

In our appeal issued on July 25, 2012, we mentioned that Daniedo Cambo, one of the indigenous villagers claiming their ancestral land in Malalag, Davao del Sur, had been wounded in a shooting on April 26, 2012. He was shot few days after the couple Mylen and Loreto and two other villagers, Arnel Cambo and Reynaldo Libay, were also threatened by armed civilian intelligence agents working for the policemen. For details please see: AHRC-UAC-134-2012

The perpetrator in Daniedo’s shooting has not been identified; however, when the police investigators from the Malalag Municipal Police Station (MMPS) went to see him at the hospital to investigate they suspected him of being a rebel who was wounded in a gunfight. In our appeal, we expressed concern as this conjecture places the victim open to attack and police will not take responsibility for his protection.

In a letter dated September 30, 2012, P/Dir. General Nicanor Bartolome, the chief of the Philippine National Police (PNP), wrote to the AHRC denying the allegation that the local police made such assumptions on Daniedo Cambo, and explained what actions they have taken after they received the information about the threats and shooting.

“Contrary to reports, a case of Grave Threat against the suspects, Messrs. Angelito Libay and Nemesio Legaspi has already been referred before the Office of the Provincial Prosecutor, Digos City, Davao del Sur docketed under NPS No. XI-04-INV-12H-00368″

“The allegation that the Malalag Municipal Police Station (MPS) assumed that Mr. Daniedo Cambo is a rebel is unfounded. The Malalag MPS, upon reciept of information about the shooting incident, immediately exerted efforts to check the veracity of the report, as well as the condition of the victim, who was confined at the Paulino Hospital.”

The AHRC stands by its story in the appeal that the local police had indeed made such assumptions and conjecture; however, whether the police would now admit or not, the result of their investigation report confirms our earlier claim that the victim is not a rebel. It also affirmed that the threats and attack on the victim and his fellow villagers resulted from their ongoing demand to reclaim their ancestral land.

In another development, on August 10, acting on our urgent appeal the Commission on Human Rights, regional office XI (CHR XI) also conducted its own investigation by sending investigators to where the incident happened in Bolton, Malalag, Davao del Sur. They went to visit and speak with the victims to ascertain their condition. The CHR spoke to the couple, Mylen and Loreto Cambo, Arnel Cambo and Reynaldo Libay.

The CHR also summoned Angelito Libay and Nemisio Legaspi, the two civilian intelligence officers who were accused in threatening and harassing the victims. Libay and Nemision are members of Barangay (village) Intelligence Network (BIN), an intelligence unit, attached to the Malalag Municipal Police Station.

The AHRC appreciates the action that the CHR has taken on this; however, we are disappointed that they have not provided arrangement to ensure security for the victims. Also, as at the time of writing, the CHR has not released the result of its investigation on this case.

Thank you.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC) (ua@ahrc.asia)
AHRC Philippines page: http://www.humanrights.asia/countries/philippines
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All submissions are republished and redistributed in the same way that it was originally published online and sent to us. We may edit submission in a way that does not alter or change the original material.

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[Urgent Appeal] Falsely charged labour leader submits himself to trial to clear his name and those of others -AHRC

Asian Human Rights Commission

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-152-2012

29 August 2012
————–
PHILIPPINES: Falsely charged labour leader submits himself to trial to clear his name and those of others
ISSUES: Human rights defenders; administration of justice; fabrication of charges
————–

Dear friends,

Asian Human Rights CommissionThe Asian Human Rights Commission (AHRC) has been informed that a labour leader falsely charged for robbery entered a plea of ‘not guilty’ at the beginning of his trial on August 23, 2012. In order to clear his and those of other activists, he submitted himself to the court proceedings, knowing full well that they are being prosecuted over fabricated evidence as a result of their human rights work.

CASE DETAILS: (Based on documentation by the Center for Trade Union and Human Rights (CTUHR) and the AHRC)

In April this year, the CTUHR reported that Ronald Ian Evidente, a trade union organizer and spokesperson of Kilusang Mayo Uno (KMU), and 30 others have been charged with criminal case of “Robbery in Band” at the Office of the City Prosecutor in Sagay City, Negros. The details of his human rights work is revealed in the aforementioned report. On August 23, 2012, Evidente entered a plea of “not guilty”.

The complaint, filed by Arn Belonio, property custodian of Sagay Agricultural Industrial Corporation (Saicor) and Sagay Aqua Ventures Corporation (Savecor), was in connection with the robbery incident which happened at the compound of Savecor’s in Sagay City, on July 16, 2011. Stolen during the incident were communications equipment, service firearms and ammunition belonging to the security guards at the compound.

In his complaint-affidavit, however, it was not Belonio who had “positively identified” the identity or names of 29 persons in the charge, but Freddie Sanchez. Sanchez, who was not even physically present where the incident has happened, had been admitted as witness for the prosecution and his testimony used as evidence. He claimed to be a former rebel leader and that he was in a meeting when the rebels planned the robbery.

But in Sanchez’ testimony, he did not provide any details as to whether the persons he had identified to have planned the robbery “sometime during the 1st week of July 2011” were also present and the same persons who had carried out the robbery. Nevertheless, the prosecutor admits his testimony to conclude there was “probable cause.”

Also, even the identification of Ruel Bulanon, a worker at Savecor, who was present at the crime scene, of the two persons who robbed their compound, namely Rogelio Danoso and Joefrel Along, was not his own “positive identification”. Bulanon identified them only when “Senior Police Officer 1 (SP01) Danilo Geroldo, intel (intelligence officer) PNCO of Sagay City Police Station showed to me their rogue gallery of members of the NPA.”

Despite questions as to the validity of the evidence, the prosecutor nevertheless resolved in December 20, 2011 to proceed with prosecuting the accused for “Robbery in Band” by copying and pasting verbatim the testimonies of Belonio and Bulanon in his resolution. None of the respondents were informed of the charges against them, nor were they given opportunity to respond to the allegations.

For his part, Evidente had a very strong defense of alibi as he was neither present at the planning nor at the actual robbery. He was busy organizing and assisting workers at the Our Lady of Mercy Hospital in Bacolod City beset by issues of suspension ad termination.

It was only on April 3, 2012, when one of the accused, Christian Tuayon, secretary general Bagong Alyansang Makabayan (Bayan), was arrested in a rally in Bacolod City, that the criminal charges against them was made known to the accused. Also, only this time that Evidente became aware of the order for arrest the Regional Trial Court (RTC), Branch 60, in Cadiz City, had issued on January 20, 2012. Evidente posted a bail of Php 15,000 (USD 355) for his temporary liberty.

SUGGESTED ACTION:

Please write letters to the authorities listed below asking for their adequate and immediate intervention for the withdrawal of criminal charges on the victims.
The AHRC is also writing separate letters to the Special Rapporteur on the situation of human rights defenders for her intervention on this case.

SAMPLE LETTER:

Dear _______________,

PHILIPPINES: Falsely charged labour leader plead ‘not guilty’ to clear name in court
Names of falsely charge activists:

1. Ronald Ian Evidente, spokesperson of Kilusang Mayo Uno (UNO) in Negros
2. Christian Tuayon, secretary general Bagong Alyansang Makabayan (Bayan)
There are 27 others listed as accused.

Details of the case:

The complaint for “Robbery in Band” was filed in July 2011 in connection with the robbery incident at the compound of Sagay Aqua Ventures Corporation (Savecor), in Sagay City. In December 20, 2011, the prosecutor concluded that there was a “probable cause” to proceed with the prosecution of the all the accused. On January 20, 2012, the court issued an order for their arrest.

Status of the case:

On August 23, 2011, Ronald Ian Evidente entered a plea of “not guilty” during the arraignment of his case. The pre-trial conference is scheduled on September 4, 2012.

I am writing to raise my deep concern on the prosecution of the 29 human rights and labour and activists and others, whose names are mentioned above based on patently unreliable testimony and evidence. I am of the opinion that the prosecution of these victims was a result of their human rights work.

I understand that on December 20, 2011, the prosecutor’s office in Sagay City, Negros Occidental, has resolve to charge the victims for “Robbery in Band” based on the complaints of Arn Belonio, property custodian of Savecor; Ruel Bulanon, a worker at Savecor; and the supporting testimony of Freddie Sanchez, who claimed to be a former rebel leader and have known the rebels responsible in the robbery.

However, reading the prosecutor’s resolution dated December 20, 2011 those were copy and paste of the verbatim testimony of Belonio and Bulanon. Neither Belonio nor Bulanon had “positively identified” the alleged rebels who robbed their compound where the communications equipment, firearms and ammunitions were stolen which could have legally justify for the prosecution of all the accused. None of them knows or had personal knowledge of the identity and names of the accused.

The prosecutor merely heavily relied on the testimony of Freddie Sanchez, a rebel returnee, who claimed to be present in a meeting with rebel the leaders sometime in July 2011 when the robbery was being planned. However, in his testimony, he provided no details whether those who took part in the meeting were actually the same person who carried out the robbery. In fact, Evidente has had a strong defense of alibi as he was neither present at the planning nor at the actual robbery. He was busy organizing and assisting workers at the Our Lady of Mercy Hospital in Bacolod City beset by issues of suspension ad termination.

I am deeply concerned by the prosecutor’s use of unreliable and questionable evidence, the denial of due process and remedies of all the accused.

Firstly, it was Sanchez, a witness who himself had been under the control, influence and getting benefits from the soldiers, who identified the accused and not Belonio. Secondly, although Bulanon had identified two of the robbers or rebels, namely Rogelio Danoso and Joefrel Along; however, their identities were known when the intelligence officer of a local police showed to him photographs of persons in their “rogue gallery.” Thus, Bulanon’s identification of the two persons and others could not be reliable, but rather a result of the police intelligence prodding for him to come out with names.

Nevertheless, despite knowing full well that the charges on them are fabricated, Evidente had resolved to clear his name by submitting himself to a court process at the commencement of trial of his case on August 23, 2012. Evidente pleaded “not guilty” to all the charges. He likewise posted a bail of Php 15,000 for his temporary liberty.

It is disappointing that Evidente and other activists would have to submit themselves to criminal proceedings over a patently fabricated criminal case on them. I am of the opinion that the prosecution and the filing of this case were as result of their human rights work. The AHRC has documented similar cases in the past. I therefore urge you to ensure that the charges are withdrawn.

I trust that you take immediate in this case.

Yours sincerely,
——————————
PLEASE SEND YOUR LETTERS TO:
1. Mr. Benigno Aquino III
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80

2. Ms. Loretta Ann Rosales
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chair.rosales.chr@gmail.com

3. Director General Nicanor Bartolome
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Fax: +63 2724 8763
Tel: +63 2 726 4361/4366/8763
E-mail: ruth_cossid@yahoo.com

4. Ms. Leila de Lima
Secretary
Department of Justice (DOJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: soj@doj.gov.ph

Thank you.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC) (ua@ahrc.asia)

AHRC Philippines page: http://www.humanrights.asia/countries/philippines
Follow us on:
Facebook: ahrc pilipinas
Twitter: @ahrcphilippines
Podcast: AHRC Philippines Rights Cast

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All submissions are republished and redistributed in the same way that it was originally published online and sent to us. We may edit submission in a way that does not alter or change the original material.

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[Urgent Alert] Floods caused by torrential rains threaten food security of fishermen and urban poor in CALABARZON -AHRC

Asian Human Rights Commission

ASIAN HUMAN RIGHTS COMMISSION — HUNGER ALERT PROGRAMME
Hunger Alert Case: AHRC-HAC-005-2012

August 28, 2012
——————————
PHILIPPINES: Floods caused by torrential rains threaten food security of fishermen and urban poor in CALABARZON
ISSUES: Environmental protection, Impunity, Land rights, Poverty & adequate standard of living, Right to food, Right to health, Rule of law
—————————–

Dear friends,

Asian Human Rights CommissionThe Asian Human Rights Commission (AHRC) has received information from Workers Assistance Center Inc about the floods caused by torrential rains that has imperiled the food security of a vast population in the CALABARZON area of Philippines. Here, the floods affecting more than 3 million people have already taken a toll of 95. The severity of the situation is compounded by the submergence of a large area with residual/retreating water affecting more than 480 baranggays; 175,733 families and 830,700 people in the CALABARZON area alone, as per the National Disaster Risk Reduction and Management Council.

CASE NARRATIVE

As if the disastrous consequences of the Typhoon Saola were not enough to put the life of ordinary citizen of Philippines, 11 straight days of southwest monsoon rains causing heavy floods have worsened the situation even more for them. The floods caused by the successive natural disasters have left the country battered with more than 3 million people directly affected.

Typhoon Saola (Gener) wreaked havoc on NCR and nearby provinces like For more than a week (since July 21 to end of July) Typhoon Saola (Gener) drenched NCR and nearby provinces like CALABARZON (Cavite, Laguna, Batangas, Rizal & Quezon) and Central Luzon, and in Ilocos. The Southwest Monsoons followed by Typhoon Haikui approaching China further aggravated the situation. The flooding was unprecedented for some places like barangays in Bacoor, Cavite, which have not experienced it before.

National Disaster Risk Reduction and Management Council puts the estimates of flood affected people at around 3 million with a corresponding death toll of 95. In the CALABARZON area alone, 480 baranggays, 175,733 families, and 830,700 people are directly affected by the floods. This includes 209 baranggays, 44,007 families and 211, 929 people in Cavite alone.

The fishermen and the urban poor has borne the brunt of the flooding and are the worst affected. The towns affected in Cavite include Bacoor, Kawit, Noveleta, and Rosario. Deteriorating the situation further, floods have rendered roads to Rosario, Noveleta, and Bacoor unfit for transportation and thus cut them off from rest of Philippines for a few days.

Even the offices of WAC were not let off the fury of the nature and stand submerged in Rosario and Cavite. The members of the organization working in CALABARZON areas as well as ones working in the communities in Rosario, Cavite have communicated about the scarcity of basic necessitates like food, clothes, medicine and even clean drinking water and have been asking for help. Also, there is a manifold increase in the cases of Leptospirosis (also known as Canefield fever for its high prevalence in wet areas) and athlete’s foot from the flood along with common strains of cough and colds The situation is worse for the fishermen who got displaced because of the heavy rains. As if it was not enough, Tropical Storm Helen, internationally known as Kai-Tak lashed the country yet again.

In this light, the picture emerging out of the area is a grim one of worsening food and livelihood security of the people living in the area and requires immediate and urgent interventions from both the state and international community and respond to WAC’s call for food, preferably ready to eat, potable and clean water, mats and blankets, clothes, waterproof boots, and medicines to averting hunger and outbreak of disease in the area.
SUGGESTED ACTION:
Please write to the authorities mentioned below demanding immediate intervention in Ms. Sarathi Mondal’s case. You may also demand an inquiry into why she was not provided with ration card and benefit of other welfare schemes that she is entitled to.

SAMPLE LETTER:

Dear _______,

PHILIPPINES: Floods caused by torrential rains threaten food security of fishermen and urban poor in CALABARZON
I want to draw your kind attention to the pitiable and pathetic situation local communities are compelled to live into because of the several natural calamities in quick succession. As if the disastrous consequences of the Typhoon Saola were not enough to put the life of ordinary citizen of Philippines living in the area, 11 straight days of southwest monsoon rains causing heavy floods have worsened the situation even more for them. The floods caused by the successive natural disasters have left the country battered with more than 3 million people directly affected.

Typhoon Saola (Gener) wreaked havoc on NCR and nearby provinces like For more than a week (since July 21 to end of July) Typhoon Saola (Gener) drenched NCR and nearby provinces like CALABARZON (Cavite, Laguna, Batangas, Rizal & Quezon) and Central Luzon, and in Ilocos. The Southwest Monsoons followed by Typhoon Haikui approaching China further aggravated the situation. The flooding was unprecedented for some places like barangays in Bacoor, Cavite, which have not experienced it before.

National Disaster Risk Reduction and Management Council puts the estimates of flood affected people at around 3 million with a corresponding death toll of 95. In the CALABARZON area alone, 480 baranggays, 175,733 families, and 830,700 people are directly affected by the floods. This includes 209 baranggays, 44,007 families and 211, 929 people in Cavite alone.

The fishermen and the urban poor has borne the brunt of the flooding and are the worst affected. The towns affected in Cavite include Bacoor, Kawit, Noveleta, and Rosario. Deteriorating the situation further, floods have rendered roads to Rosario, Noveleta, and Bacoor unfit for transportation and thus cut them off from rest of Philippines for a few days.

Even the offices of WAC were not let off the fury of the nature and stand submerged in Rosario and Cavite. The members of the organization working in CALABARZON areas as well as ones working in the communities in Rosario, Cavite have communicated about the scarcity of basic necessitates like food, clothes, medicine and even clean drinking water and have been asking for help. Also, there is a manifold increase in the cases of Leptospirosis (also known as Canefield fever for its high prevalence in wet areas) and athlete’s foot from the flood along with common strains of cough and colds The situation is worse for the fishermen who got displaced because of the heavy rains. As if it was not enough, Tropical Storm Helen, internationally known as Kai-Tak lashed the country yet again.

In this light, the picture emerging out of the area is a grim one of worsening food and livelihood security of the people living in the area and requires immediate and urgent interventions from both the state and international community and respond to WAC’s call for food, preferably ready to eat, potable and clean water, mats and blankets, clothes, waterproof boots, and medicines to averting hunger and outbreak of disease in the area.

I therefore urge you to ensure
1. Immediate action to send food packets to the affected area;
2. Ensure availability of potable and clean water;
2. Arranging temporary shelters for all those who are displaced;
3. Ensure disbursal of blankets, mats and waterproof mats;
4. Ensure supplies of medicine to contain outbreak of disease/epidemic in the area;

Sincerely,
________

PLEASE SEND YOUR LETTERS TO:
1. Mr. Benigno Aquino III
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80

2. Ms. Loretta Ann Rosales
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chair.rosales.chr@gmail.com

3. Corazon Juliano-Soliman
Secretary, Department of Social, Welfare and Development
Constitution Hills, Batasan Pambansa Complex,
Quezon City
PHILIPPINES
Tel/Fax: +63 (2) 931-81-91

4. Sec. Joel Rocamora
Lead Convener
National Anti-Poverty Commission
3rd Floor, Agricultural Training Institute Building
Elliptical Road, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 927 9796 / 426 5249
Email: napc.gov@gmail.com

Thank you

Hunger Alerts Programme
Right to Food Programme (foodjustice@ahrc.asia)
Asian Human Rights Commission (ua@ahrc.asia)

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[Press Release] Sri Lankan rights lawyer to observe the trial of a falsely charged activist -AHRC

Asian Human Rights Commission

PHILIPPINES: Sri Lankan rights lawyer to observe the trial of a falsely charged activist

Asian Human Rights Commission(Hong Kong, August 2, 2012) The Asian Human Rights Commission (AHRC) has sent a delegate today to observe the court trial of Temogen “Cocoy” Tulawie, a human rights defender who is presently detained and prosecuted on evidence obtained through torture and a forced confession.

Rasika Sanjeewa Weerawickrama, a human rights lawyer from Sri Lanka, will sit as an international observer during the arraignment of Tulawie tomorrow, August 3 at 8:30am at the Regional Trial Court (RTC), Branch 11, in Davao City.

“I will observe to see what went wrong,” Mr. Sanjeewa said. He further asks,“ why in his case has it happened?” This situation occurs, despite strong provision in the country’s 1987 Constitution, which protects persons from being prosecuted on evidence taken by way of torture and forced confessions.

Tulawie will be arraigned for multiple frustrated murders and multiple attempted murders and for allegedly ‘masterminding’ and ‘plotting’ a bomb attack on May 13, 2009 to assassinate Abdusakur Tan, present governor of Sulu.

For more detailed comments, read: AHRC-STM-011-2012 & AHRC-STM-013-2012.

RTC judge Virginia Hofilena- Europa ordered the charges on him to be withdrawn on July 23. This was about 17 days after the AHRC issued an appeal exposing the failure of the court to promptly resolve the petition that Tulawie first filed three years ago.

Mr. Sanjeewa also asks why, despite the country’s Speedy Trial Act of 1998, that Tulawie’s petition to drop the charges on him was not resolved for three years. If the petition drags on for three years, how could the court possibly complete a proper trial of “(180) days from the first day of trial” as required by law?

In concluding Tulawie’s appeal, Judge Europa ordered that he be arraigned on murder charges. This effectively allows for prosecution of the victim, despite knowing full well that the evidence held by the prosecution and the filing procedure had been questionable.

“It was obvious that the procedure has not been fair to Tulawie. The idea is for me to observe, to get first-hand information, to know and to understand why this has happened? If necessary, I will speak to the prosecutors myself, “Mr. Sanjeewa said.

Mr. Sanjeewa, holds a degree of Master of Law in Human Rights (LLM-HR) 2002 from the University of Hong Kong. He has had years of experience practicing law, representing poor victims pursuing complaints of torture, illegal arrest and detention, in courts in Sri Lanka. He is presently a legal consultant for the AHRC.
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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

All submissions are republished and redistributed in the same way that it was originally published online and sent to us. We may edit submission in a way that does not alter or change the original material.

Human Rights Online Philippines does not hold copyright over these materials. Author/s and original source/s of information are retained including the URL contained within the tagline and byline of the articles, news information, photos etc.

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