Tag Archives: Arbitrary Arrest

[From the web] Philippines: Arrests and detention Marred International Labor Day 2020 -CTUHR

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Philippines: Arrests and detention Marred International Labor Day 2020

Seventy-six (76) were arrested and detained yesterday in separate incidents, — the biggest number of arrests in the recent history of Labor Day celebrations in the Philippines.

Ten (10) volunteers of CURE COVID, a citizens’ alliance that included workers who were running a Community Kitchen and distributing food packs in their communities were arrested and detained in Marikina City. If not for the intervention of the good Mayor Marcy Teodoro, and as there was no crime committed, they were later released.

In Quezon City, eighteen (18) persons, including 4 volunteers of Tulong Kabataan simply echoing the call for livelihood, rights and health written on placards, as they were conducting relief operations were also arrested in Brgy. Central, Quezon City and detained at Camp Karingal. They were later charged of illegal assembly and violations of the lockdown rules even if they observed social distancing protocols.

Meanwhile, four (4) individuals, including Kilos Na Homeless leader Fidel Columna and 3 members of Liga ng mga Manggagawasa Valenzuela City, were arrested in Valenzuela City. They participated in an online protest and later on arrested as their pictures were seen on social media. Two (2) members of Bukluran ng Manggagawang Pilipino (BMP) from Montalban, Rizal suffered the same fate.

In Jaro, Ilo-Ilo City, forty-two (42) were also arrested including a priest, Fr. Marco Sulayao when they conducted a caravan (while observing physical distancing), in grievance and protest of the brutal killing of Jory Porquia, an activist and member of Bayan Muna and a lawyer who offered his services.

While 16 workers of Coca-Cola in Laguna were falsely presented as NPA rebels who surrendered and used as black propaganda against the workers’ organizations.

The Center for Trade Union and Human Rights (CTUHR) condemns these arrests and detention and calls for their immediate and unconditional release. “To feed the hungry and to protest and criticize the government for its ineptness, especially during Labor Day is an exercise of the right to freedom of expression,” says CTUHR Executive Director, Daisy Arago.

“These arrests only unmasks this government further, that in the midst of a public health emergency and social aid chaos, all it can do is arrest, detain and threaten people who are in fact, filling in the inadequacies caused by its incompetence. Workers’ welfare and people’s health should be at the forefront of this battle against COVID19 not attack on activists and critics,” Arago added.

On May 1, 2020, amidst the pandemic and a militarized lockdown, workers successfully claimed the International Workers’ Day as a Day of voicing out their legitimate demands for mass testing, sufficient food supply, and government assistance, guaranteed income and livelihood and respect for human rights. Different labor groups and other human rights organizations used creative ways such as online protests, selfie protest, noise barrage, community kitchen, etc. while ensuring that they are abiding by precautionary measures to avoid the spread of COVID-19. “Instead of recognizing its deficiencies and listening to the demands of the people, the Duterte government chooses the easy way out – threaten to silence dissenters. If only the government has heeded the call to increase the wage of workers to P750 nationwide, eradicated contractualization and ensured freedom of association in the workplace, then the workers would have been better prepared for this crisis,” CTUHR ended.#

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CENTER FOR TRADE UNION AND HUMAN RIGHTS (CTUHR)
Public Information and Education Department

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[Action Alert] (Philippines) Arrest of more than 75,000 individuals for curfew violations during Luzon-wide enhanced community quarantine -TFDP

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Action Alert

April 9, 2020

(Philippines) Arrest of more than 75,000 individuals for curfew violations during Luzon-wide enhanced community quarantine

Dear Friends,

The Task Force Detainees of the Philippines (TFDP) is forwarding to you an appeal regarding the arrest of more than 75,000 individuals for curfew violations during the Luzon-wide enhanced community quarantine.

————————————————————————————————————————————
According to a news article written by Danielle Nakpil and posted on cnnphilippines.com on April 7, 2020 (https://www.cnnphilippines.com/news/2020/4/7/More-than-75,000-individuals-arrested-for-curfew-violations-.html), more than 75,000 individuals have been arrested as of April 3 for violating curfew hours in the Luzon-wide enhanced community quarantine.

The article cited the report of the Joint Congressional Oversight Committee that 75,750 curfew violators have been accosted by the Joint Task Force Coronavirus Shield (JTF CoViD Shield).

While the implementation of curfew hours is a measure for the protection of the welfare of citizens and to prevent the spread of COVID-19, the police cannot just arrest individuals for violation of health emergency measures. A warrantless arrest may only be done if the individual assaults the law enforcer or is caught committing a crime.

Article 9 of the Universal Declaration of Human Rights (UDHR) provides that “no one shall be subjected to arbitrary arrest, detention or exile. Likewise, the 1987 Philippine Constitution guarantees that no Filipino shall be deprived of life, liberty, or property without due process of law.

It is also alarming that there have been reports of arrested individuals having been detained in cramped spaces where it would be impossible for them to practice physical distancing. This defeats the very purpose of the enhanced community quarantine.

Furthermore, in the post of the Philippine National Police on April 8, 2020, in its Facebook account, it mentioned that according to the data of JTF CoViD Shield from March 17 to April 7, a total of 93,242 violators have been accosted nationwide. More than half of the violators were from Luzon. Some of the violators were fined, some were charged, while others are set to be slapped with appropriate charges.

We wish to remind the government that at this time of the COVID-19 pandemic, it is the health of the citizens that should be the priority. This crisis should be considered and handled as a health issue, rather than a peace and order situation problem. What the government should focus on is the prevention of the increase of COVID-19 cases, not the increase in the number of individuals arrested.

SUGGESTED ACTION:

Please write a letter to the following authorities, urging them to:

A. respect each person’s right to liberty and security and initiate inquiries of possible human rights violations in the implementation of the enhanced community quarantine;

B. guarantee in all circumstances the physical and psychological integrity of people asserting their rights during the enhanced community quarantine; and

C. ensure in all circumstances, especially in this time of the COVID 19 pandemic, respect for human rights and fundamental freedoms in accordance with the 1987 Philippine Constitution, international human rights standards and international instruments signed and ratified by the Philippines.

Please send your letters:

1. His Excellency Rodrigo Roa Duterte
President, Republic of the Philippines
New Executive Building, Malacanang Palace Compound
JP Laurel Street, San Miguel, Manila
1005 Philippines
Tel: +632 87368645; +632 87368603; +632-87368606; +632-87368629; +632-87368621
Telefax: +632 87368621
E-mail: pcc@malacanang.gov.ph

2. Her Excellency Maria Leonor G. Robredo
Vice President, Republic of the Philippines
Reception House 110 11th Street
Brgy. Mariana, New Manila, Quezon City
TL: +632 5346451
E-mail: vp@ovp.gov.ph; lenirobredo.ovp@gmail.com

3. Hon. Menardo Guevarra
Secretary, Department of Justice (DOJ)
Padre Faura Street, Ermita, Manila
1000 Philippines
Tel: +632 85218348
Telefax: +632 85262618
Trunkline: +632 85238481 loc 217
Email: osecmig@gmail.com, communications@doj.gov.ph

4. Hon. Eduardo Aňo
Secretary, Department of Interior and Local Government (DILG)
DILG-NAPOLCOM Center
EDSA corner Quezon Avenue, Quezon City
Tel: +632 89250330; +632 89250331
Fax: +632 89250332
Trunkline: +632 88763454 loc 1001
Email: emano@dilg.gov.ph

5. Hon. Jose Luis Martin Gascon
Chairperson, Commission on Human Rights (CHR)
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
Philippines
Tel: +632 89285655; +632 89266188
Telefax: +632 89290102
Email: chairgascon.chr@gmail.com

6. PNP Chief Lt. Gen. Archie Gamboa
Philippine National Police
PNP National Headquarters
Camp General Crame, EDSA
Quezon City, Metro Manila, Philippines 1100
Tel: +632 87230401; +632 87220650 local 3453/3473

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[From the web] Philippines Uses Humiliation as COVID Curfew Punishment- LGBT People Ordered to Dance and Kiss on Video -HRW

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Philippines Uses Humiliation as COVID Curfew Punishment
LGBT People Ordered to Dance and Kiss on Video

By Ryan Thoreson
Researcher, LGBT
Human Rights Watch

The spread of COVID-19 has given Philippines law enforcement broad discretion to enforce public health measures. When discrimination is added to the mix, that unfettered power can be particularly demeaning and dehumanizing for vulnerable groups.

On April 5, volunteers in the village of Pandacaqui, in Pampanga province stopped and detained three LGBT people outside after curfew, two of whom explained they were running an errand for their grandmother. A village official accused them of looking for illicit sex and, as punishment, publicly humiliated them by ordering them to kiss, dance, and do push-ups on live video broadcast on social media. They were identified by name and the videos of their punishment went viral, adding to their embarrassment.

The incident illustrates the danger of unrestrained law enforcement power under the guise of public health. Other individuals who violated curfew in Pandacaqui were also subject to a range of punishments broadcast on social media. Where curfews exist as a means of slowing the spread of the virus, they should be enforced in a professional, measured manner that does not jeopardize people’s rights and dignity.

Respect for human rights is crucial as measures to contain COVID-19 continue in the coming weeks. The Philippines has recorded over 3,700 cases of COVID-19, and President Rodrigo Duterte has extended the country’s lockdown to April 30. A COVID-19 law that went into effect on March 24 grants the administration broad powers to address the coronavirus, which has contributed to violations of human rights, including the right to life, freedom of expression, access to information, and children’s rights.

The Department of the Interior and Local Government, which has administrative control over officials in villages like Pandacaqui, should investigate incidents in which village officials and police mistreat violators of curfew and quarantine regulations. It should hold to account those responsible for these abuses.

Efforts to curb the spread of COVID-19 are essential, but should not be used as an excuse to demean vulnerable groups. The humiliation of LGBT people and others in the Philippines demonstrates the need for oversight and accountability to ensure that officials across the country respect people’s rights and dignity during the current crisis.

https://www.hrw.org/news/2020/04/08/philippines-uses-humiliation-covid-curfew-punishment

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[Video] ARESTO: Alamin ang iyong karapatan! (Part 1)-TFDP

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Alamin sa bidyong ito ang iyong mga karapatan kung ikaw ay INAARESTO. #HumanRights #COVID19ph

Anuman ang sitwasyon, nananatiling lubos at hindi dapat yurakan ang ating mga batayang karapatan.

Lubos na absulote ang lahat ng karapatang ito. Sa anumang kondisyon o pangyayari, hindi maaring pigilan o suspendihin ang mga karapatang ito. Ito ay totoo kahit sa ilalim ng martial law o state of public emergency, at maging sa “ENHANCED COMMUNITY QUARANTINE” na naideklara ng pamahalaan. Ang mga karapatang ito ay “Non-derogable” sa ilalim ng United Nations International Covenant on Civil and Political Rights na sakop ang pamahalaan ng Pilipinas bilang signatory.

Panuorin ang buong video sa TaskForceDetainees YouTube Channel.

——–
HUMAN RIGHTS MONITORING AND REPORTING

Kung kayo po ay nakaranas o naka-saksi sa isang insidente ng paglabag sa karapatang pantao tulad ng sapilitang pag aresto, pananakit, di makataong pagturing o kung ano pa mang pagmamalabis ng mga opisyales o taong gobyerno kaugnay ng ipinapatupad na Enhanced Community Quarantine, kung maaari po lamang na ireport sa amin, sa pamamagitan ng pag tala ng mga kaukulang impormasyon dito sa link ng iDEFEND.

On-line reporting: (link) https://idefend.ph/covid19-hrv-reporting
Hotline

PAHRA 09277631500; 0905 314 6794
Email: COVID19HRVSULAT@gmail.com
TFDP 0998 548 1925; 899 50246
Email: tfdp.1974@gmail.com
Specific for children:
Email: idefendrights@protonmail.com or Geraldine.clrd@gmail.com

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Include your full name, e-mail address, and contact number.

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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[Off-the-shelf] If you’re arrested or detained, know these rights -RAPPLER.com

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The 1987 Constitution guarantees that no Filipino shall be deprived of life, liberty, or property without due process of law.

As long as a citizen abides by the law, he or she should not be in trouble.

But what if you’re apprehended by authorities for some reason – or in times of emergency, like the recent declaration of martial law in Mindanao – you’re picked up due to supposed security concerns?

Remember, the Constitution remains in effect – even during those times. Along with relevant laws and issuances, the Constitution makes sure citizen’s rights continue to be respected.

Article III, Section 12 of the 1987 Constitution (also known as the Bill of Rights) states that any person under investigation for the commission of a crime or offense “shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice.”

If you can’t afford a lawyer, the state will provide you with one.

Read more @www.rappler.com

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[Urgent Action] Two Civilian Agta Women Arrested Arbitrarily and Psychologically Tortured by Police and Soldiers- TFDP

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Urgent Action

December 18, 2014

(PHILIPPINES) Two Civilian Agta Women Arrested Arbitrarily and Psychologically Tortured by Police and Soldiers

Dear friends,

The Task Force Detainees of the Philippines (TFDP) is forwarding to you an appeal regarding the arrest and detention and psychological torture of Marites Dela Cruz Marquez and Rosario Marquez Loreto, both from General Nakar in Quezon Province, by police and soldiers.

TFDP logo small

If you wish to make any inquiries, please contact the Research, Documentation and Information Program of TFDP at: 45 St. Mary Street, Cubao, Quezon City, Philippines 1109; Email: tfdp.urgentappeals@gmail.com and tfdp.1974@gmail.com; or call: +632 4378054.
______________________________________

Case Title: Loreto & Marquez ARD TOR
Case: Arbitrary Arrest and Detention / Torture
Name of Victims: Marites Dela Cruz Marquez (Sierra Madre in Tumbil, Barangay Umiray, General Nakar, Quezon) and Rosario Marquez Loreto (Mataping, Barangay Umiray, General Nakar, Quezon)
Date of Incident: September 26, 2014
Place of Incident: Barangay Sta. Ines, Tanay, Rizal Province
Alleged Perpetrators: combined elements of the 59th and 16th Infantry Battalions and local police of Tanay, headed by 2LT Ronnel Avanzado and Chief Inspector Reynaldo Francisco
Motive: Suspected members of the New People’s Army (NPA)

Account of the Incident:

Two (2) women from the Agta indigenous group in Quezon were illegally arrested and charged with the kidnapping of a soldier named Master Sergeant Lino Hernandez.

On September 26, 2014 at 9:00am, while waiting for a ride in Barangay Sta. Ines in Tanay, Rizal, Marites Marquez, 43 and Rosario Loreto, 37, were approached by a group of military personnel and police who were all armed and wearing civilian clothes. The two were ‘invited” for questioning and to validate their identity. The two women were accompanied by the security forces to the barangay hall where they met some barangay officials. Marquez and Loreto were interrogated for two days by the soldiers and the police. They were repeatedly asked the same set of questions to make them admit their participation in the kidnapping of Master Sgt. Hernandez and to being NPA members. The two however denied the accusations. The police and soldiers eventually decided to bring them to the Tanay Police Station. At this point, barangay officials questioned the law enforcers’ decision since there was no proof that Loreto and Marquez committed a crime, therefore, there was no reason to detain them. Eventually, they both agreed to sign a blotter, with the condition that the police and soldiers will release Marquez and Loreto after the interview and crosschecking.

On the following day, September 27, Barangay Councilor Liwayway delos Reyes went to the Tanay Police Station to fetch Marquez and Loreto and bring them back to their families. The police at the station ignored her plea.

On September 28, Barangay Councilor Reyes informed Fr. Pete Montallana about the whereabouts and situation of Marquez and Loreto. Fr. Montallana went to visit the two at the Tanay Police Station.

According to Fr. Montallana, Marquez and Loreto were accused of kidnapping and serious illegal detention and robbery, in relation to the abduction of a soldier named Master Sergeant Lino Hernandez by the New People’s Army (NPA). He added that the military and police linked Marquez and Loreto to the case because the choker necklace (made out of black cloth) they wore around their neck during the arrest was the same type of necklace worn by the Agta NPAs who kidnapped Master Sergeant Hernandez.

Based on Court documents produced, Marquez and Loreto were arrested based on sworn statements submitted by Virginia Villa Filipino, Jonathan Villa delos Angeles, Corporal Louie G. Eresnido, Police Officer 3 Arnel Dimalag Baslan, Police Officer 2 Rolando Candido Opena and Police Officer Jay Ar Baccay Bernabeo.

Marquez and Loreto denied all allegations against them. Before they were arrested, both sold vegetables, did traditional gold panning, and did household chores for a living.

Marquez and Loreto are temporarily detained at the Rizal Police Provincial Office (RPO) lock-up cell at the Taytay Police Station but may soon be transferred to the Bureau of Jail Management and Penology (BJMP) in Camp Bagong Diwa, Bicutan, Taguig with reference to the ‘Order’ dated October 27, 2014, issued by Presiding Judge Sheila Marie Alaan-Ignacio.

The charges with criminal case number 14-12346-M against Marquez and Loreto are filed at Morong Regional Trial Court Branch 80.

SUGGESTED ACTION:

Please write a letter to the following authorities, urging them to initiate inquiries into the said case.

Immediate and unconditional release of Marites Marquez and Rosario Loreto, with reference to the set of principles set forth by the International Humanitarian Law, particularly the protection of persons who are not, or are no longer, participating in hostilities;
Guarantee in all circumstances the physical and psychological integrity of Marites Marquez and Rosario Loreto;
Ensure that all those who participated and were responsible for the illegal arrest and psychological torture of Marites Marquez and Rosario Loreto be brought to justice;
Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with 1987 Philippine Constitution, international human rights standards and international instruments ratified by the Philippines.

Please send your letters to:

1. President Benigno Simeon Aquino III
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
Email: corres@op.gov.ph / opnet@ops.gov.ph

2. Secretary Leila M. De Lima
Department of Justice (DOJ)
Department of Justice
Padre Faura Street
Ermita, Manila 1000
Philippines
Fax: +632 523 9548
Tel: +632 521 1908
Email: lmdelima@doj.gov.ph / lmdelima.doj@gmail.com

4. Chairperson Loretta Ann P. Rosales
Commission on Human Rights (CHR)
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City, Philippines
Tel: +63 2 928 5655, +63 2 926 6188
Fax: +63 2929 0102
Email: rosales.chr@gmail.com

5. Ms. Marlea P. Muñez
Executive Director
National Commission on Indigenous Peoples (NCIP)
373-95-34 / 575 12 00 Loc. 1012
Email: ncipexecdirector@gmail.com

6. Police Director General Alan LA Madrid Purisima
Chief, Philippine National Police
Camp General Rafael Crame
Quezon City, Philippines
Fax: +63 2 724 8763/ +63 2 723 0401
Tel: + 63 2 726 4361/4366/8763
Email: feedback@pnp.gov.ph

7. Lt. Gen. Gregorio Pio Catapang
Chief of Staff
Armed Forces of the Philippines (AFP)
Camp General Emilio Aguinaldo
Quezon City, Philippines
Tel: +63 2 911 7907 / +63 2 911 6436

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