Tag Archives: Curfew

[Statement] Save the Children Philippines calls on local officials to stop cruel, degrading treatment of children violating curfew

Stop cruel, degrading treatment of children
Save the Children Philippines calls on local officials to stop cruel, degrading treatment of children violating curfew

Save the Children Philippines is calling on local officials to adhere to laws on the proper treatment of children and youth who violate curfew guidelines under the Enhanced Community Quarantine to prevent the spread of the COVID-19 virus.

Atty. Albert Muyot, Chief Executive Officer of Save the Children Philippines expressed grave concern on the reports of cruel, and degrading treatment of minors who were arrested for violating the government’s emergency measures to fight the spread of COVID-19 virus.

“Children’s right to protection from all forms of violence should be a priority,” said Atty. Muyot. “Likewise, the rights of LGBTIQ+ should be respected at all times.”

In Pampanga, a 15-year old boy was arrested last Sunday along with three LGBTIQ+ individuals for violating curfew guidelines. The minor was made to witness a sexy dance and kissing of the LGBTQI+ individuals as punishment.

Four boys and four girls were also arrested in Binondo, Manila last March 19 for violating curfew. Local officials forcibly cut the hair of seven of the children while the one who resisted was stripped naked and ordered to walk home.

Read full article @www.savethechildren.org.ph

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

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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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.

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

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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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.

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.

[Action Alert] Quarantine violators in Bacoor City, Cavite were allegedly arbitrarily arrested, detained and subject to cruel, inhuman or degrading treatment or punishment by members of the PNP -TFDP

Action Alert

April 3, 2020

(Philippines) Quarantine violators in Bacoor City, Cavite were allegedly arbitrarily arrested, detained and subject to cruel, inhuman or degrading treatment or punishment by members of the Philippine National Police

Dear Friends,

The Task Force Detainees of the Philippines (TFDP) is forwarding to you an appeal regarding the alleged practice of cruel, inhuman or degrading treatment or punishment of quarantine violators in Bacoor, Cavite City allegedly by members of the Philippine National Police

ACCOUNT OF THE INCIDENT:

On April 2, 2020, a photo of alleged quarantine violators taken by ABS-CBN reporter Dennis Datu circulated online. Based on a report in Filipinotimes.net, there were 81 residents of Bacoor City who were taken by the Philippine National Police (PNP) into their custody. The residents allegedly violated the enhanced community quarantine being implemented by the Philippine Government to counter the spread of the COVID 19 virus or failed to present their quarantine pass.

The article mentioned that the members of the PNP then allegedly brought the residents to the cemetery to show them where they would end up if they contracted the virus.

The alleged actions of bringing the persons who violated the quarantine order to a cemetery to frighten them that they would possibly die, and exposing them under the heat of the sun are additional risks to the health of the alleged offenders.

Republic Act No. 9745 or the Anti-Torture Law of 2009 defines other cruel, inhuman and degrading treatment or punishment as a deliberate and aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by a person in authority or agent of a person in authority against a person under his/her custody, which attains a level of severity causing suffering, gross humiliation or debasement to the latter.”

On March 14, 2020, Mayor Lani Mercado Revilla issued Executive Order No. 10 and Memorandum Order No. 23, as a supplement to EO No. 10 on the implementation of the enhanced community quarantine in Bacoor City. In both documents, there was no mention of arrest and detention of any individual who would violate the said quarantine. What was mentioned in the supplemental order was that “non-essential going out of persons having high-risk of being infected… is strongly discouraged until and when the state of a public health emergency is lifted.”

On March 19, Bacoor Representative Strike Revilla made an announcement that the city was in lockdown, but no details of the guidelines were made available. As of this writing, there is no news regarding the lockdown is available on the Bacoor.gov.ph website.

SUGGESTED ACTION:

Please write a letter to the following authorities, urging them to stop the practice of arbitrary detention and cruel, inhuman and degrading treatment or punishment of quarantine violators in Bacoor City and initiate inquiries in the possibility of human rights violations allegedly committed by the Philippine National Police.

A. Guarantee in all circumstances the physical and psychological integrity of the alleged violators of the quarantine.
B. Ensure that all those who participated and were responsible for the arbitrary arrest and detention and cruel, inhuman and degrading treatment be brought to justice.
C. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with the 1987 Philippine Constitution, international human rights standards and international instruments ratified by the Philippines, especially in these trying times of the COVID 19 Pandemic.

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. 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

3. 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

4. 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

5. 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

6. Mayor Lani Mercado Revilla
Mayor, Bacoor City
3rd Floor, Bacoor Government Center
Bacoor City, Cavite
Tel: +63 46 481 4140

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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.

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.

[Action Alert] Philippines: Shoot to kill threat against alleged community organizers and left-leaning organizations by Cordillera Police

Action Alert
April 3, 2020

(Philippines) Shoot to kill threat against alleged community organizers and left-leaning organizations by Cordillera Police based on the pronouncement of President Duterte on April 2, 2020

Dear Friends,

The Task Force Detainees of the Philippines (TFDP) is forwarding to you an appeal regarding the alleged harassment against alleged community organizers and left-leaning organizations by the Cordillera Police based on the pronouncement of President Duterte against left-leaning organizations and their alleged violations of the enhanced community quarantine
—————–
Based on a news article in Sunstar Baguio, on April 3, 2020, Director of PRO-COR, Brigadier General R’win Pagkalinawan allegedly cautioned members of left-leaning and lawless groups not to take advantage of the people during the COVID -19 pandemic, otherwise, they would face the bullet.

Pagkalinawan’s statement anchored on the pronouncement of President Rodrigo Duterte to “shoot them dead, the violators of the curfew, in case they fought back or nanlaban”. Pagkalinawan was quoted to have said, “He (President Duterte) is talking about the leftists. I will order my snipers to shoot communist organizers on the spot who will unnecessarily organize the masses at this time. But only when they fight back.”

Duterte’s statement came after the residents of Sitio San Roque, Quezon City conducted a demonstration to demand for food and relief packages, as promised by the Duterte government upon the implementation of the enhanced quarantine in Luzon and the granting of emergency powers to Duterte.

Government officials, including the President, blamed the urban poor organization, Kalipunan ng Damayang Mahirap (KADAMAY) for the protest, despite the initial police report that said that the activity was initiated by the Samahan Ng Magkakapitbahayan North Triangle Association (SAMANA).

The government considers KADAMAY as left-leaning and has red-tagged the organization in the past.

It should be noted that the Anti-Subversion Act had already been repealed in 1992 through Republic Act 7636. In addition, Article 2, Section 4 of the 1987 Constitution states that, “No law shall be passed abridging the freedom of speech, of expression, or of the press, or of the right of the people peaceably to assemble and petition the government for redress of grievances.” The Duterte government, however, has been advocating for the revival of the anti-subversion law.

Conflicting statements have been given by the national government in relation to the implementation of the said “shoot them dead” order. Philippine National Police (PNP) Chief General Archie Gamboa said that the president was only “overemphasizing” the rules in the implementation of the enhanced community quarantine, but they will not be shooting people dead. However, Presidential Spokesperson Salvador Panelo said that there was nothing wrong with the president’s shoot to kill order against those who will create trouble and chaos during the enhanced community quarantine.

The government’s defense that the “shoot them dead” order only refers to those who will create trouble and chaos is very alarming. Every human being has the inherent right to life, and no one, in any given situation, shall be arbitrarily deprived of his or her life. Moreover, those that the government deems to be creating trouble and chaos are the poor who are rightfully demanding for food and relief.

The Duterte government also has a record of using the term “nanlaban” to justify its actions against those who they allege to be violating the law. Prior to the pandemic, the Duterte government had been criticized for its drug war. Based on the report of the PNP, as of May 31, 2019, it has killed 6,600 drug suspects during anti-drug operations. Most of those who were killed allegedly fought back or “nanlaban.”

SUGGESTED ACTION:

Please write a letter to the following authorities, urging them to respect each person’s right to life and freedom of association and initiate inquiries of possible human rights violations in the Cordillera region and the whole of the Philippines.

A. Guarantee in all circumstances the physical and psychological integrity of people asserting their rights during the enhanced community quarantine.

B. Stop the practice of “red-tagging” legitimate organizations and accusing them of having connections with the communist movement.

C. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with the 1987 Philippine Constitution, international human rights standards and international instruments ratified by the Philippines, especially in these trying times of the COVID 19 Pandemic.

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. 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

3. 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

4. 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

5. 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

https://www.facebook.com/notes/task-force-detainees-of-the-philippines/action-alert-philippines-shoot-to-kill-threat-against-alleged-community-organize/3726454534063838/

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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.

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] Philippines: Curfew Violators Mistreated -HRW

COVID-19 Response Should Respect Detainee Rights

(Manila, March 26, 2020) – Philippine authorities should respect the basic rights of people detained for violating the government’s COVID-19 regulations, Human Rights Watch said today. Police and local officials have confined those arrested to dog cages and forced them to sit in the midday sun as punishment, among other abuses.

Reports of abuse against detainees should be promptly investigated and those responsible should be appropriately disciplined or prosecuted, Human Rights Watch said.

“Police and local officials should respect the rights of those they arrest for violating curfew and other public health regulations, which can be done while still allowing the Philippines government to take appropriate measures to combat COVID-19,” said Phil Robertson, deputy Asia director at Human Rights Watch. “Any mistreatment should be immediately investigated, and the authorities responsible held accountable.”

Since President Rodrigo Duterte put the main Philippine island of Luzon on lockdown on March 16, 2020, police have arrested hundreds of people in the capital, Manila, and other parts of the country. Most of the arrests are for violating curfew but some are for violating “social distancing” and quarantine regulations. Other cities and provinces enforced their own lockdowns following Duterte’s action, effectively shutting down the country.

Local officials in Santa Cruz town, in Laguna province just south of Manila, admitted locking up five youths inside a dog cage on March 20. The officials sought to justify their action by saying the youths had violated the curfew and been verbally abusive and said that they had also been rounding up stray dogs that night.

Officials forced curfew violators in Parañaque, a city within Metro Manila, to sit in the intense midday sun after their arrest. The officials claimed they only put them there temporarily because they had no place to hold them. In Bulacan province just north of Manila, police killed a man after he allegedly avoided a checkpoint. The police claim that the man had shot at pursuing police officers.

The Department of Justice determined authorities can arrest people even if they “do not seriously resist” police action to abide by the curfew and other restrictions. The National Commission on Human Rights responded that violations “should not be automatically meted with arrest” and added that such arrests could lead to additional human rights abuses.

The Philippine government should urgently take steps to ensure further mistreatment does not occur as the authorities tighten their anti-COVID-19 measures over the coming days, Human Rights Watch. On March 24, Duterte signed a law granting him emergency powers to deal with the response to contagion. The law places the entire country under a “state of emergency” for at least three months. The law contains a provision that penalizes, yet does not define, the creation and propagation of “false information,” opening the door to potential misuse. Duterte has also announced a COVID-19 “national action plan” to be led by the military and the police.

Arresting people for curfew violations to enforce social distancing related to COVID-19 is counter-productive if police place detainees in crowded detention facilities where the virus could spread easily. For example, the government press agency reported that police in Bacolod city, on Negros, arrested 728 persons for violating the curfew between March 15-21, and detained them overnight in police lock-ups before releasing them the next day.

Human Rights Watch released a document on March 19 outlining the human rights dimensions of COVID-19. Among other recommendations, it urges governments to ensure that quarantines, lockdowns, and travel bans – including curfew – adhere to human rights norms. It urges authorities to protect people in custody and to ensure that the right to freedom of expression is upheld.

As of March 24, the Philippines recorded 552 cases of coronavirus infections and 35 deaths.

“While the Philippines government needs to protect the health and welfare of the people, any interventions must be in line with international human rights standard, including the prohibition against cruel, inhuman, and degrading treatment of people in custody,” Robertson said.

Read more @www.hrw.org

For more Human Rights Watch reporting on the Philippines, please visit:
https://www.hrw.org/asia/philippines

For more Human Rights Watch reporting on the coronavirus, please visit:
https://www.hrw.org/tag/coronavirus

Submit your contribution online through HRonlinePH@gmail.com
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.

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.

[Action Alert] Curfew violators in San Isidro, Paranaque City were allegedly arbitrarily arrested and detained and tortured by members of the police with the knowledge of Barangay Captain Noel Japlos -TFDP

Action Alert
March 26, 2020

(Philippines) Curfew violators in San Isidro, Paranaque City were allegedly arbitrarily arrested and detained and tortured by members of the police with the knowledge of Barangay Captain Noel Japlos

Dear Friends,

The Task Force Detainees of the Philippines (TFDP) is forwarding to you an appeal regarding the alleged practice of arbitrary detention and torture of curfew violators in Barangay San Isidro, Paranaque City by alleged members of the Philippine National Police and under the direction of Barangay Captain Noel Japlos.

Case Title: Curfew Violators in San Isidro, Paranaque City ARD, TOR
Case: ARD, TOR
Date of Incident: From March 15, 2020 (start of community quarantine implementation in Metro Manila)
Place of Incident: Barangay San Isidro, Paranaque City
Alleged Perpetrators: members of the Philippine National Police and under the direction of Barangay Captain Noel Japlos
Motive: Strict implementation of the enhanced community quarantine by the Philippine Government to prevent the spread of the COVID 19 virus

ACCOUNT OF THE INCIDENT:

On March 24, 2020, photos of alleged curfew violators being exposed under the scorching heat of the sun were circulated online. The photos that circulated by ABS CBN News and RAPPLER were allegedly grabbed from the Facebook Account of San Isidro, Paranaque City Barangay Chairperson Noel Japlos.

According to Rappler, the barangay’s Facebook post, as of the morning of March 24, warned that persons who will be caught violating the curfew will also be made to sit under the sun.

The curfew ordinance of Paranaque City signed on March 15 did not give authority to members of the Barangay and the PNP to willfully detain curfew violators, but instead ensure that they are “directed to return to their respective residences, dwelling, or usual place of resting”.

The ordinance also clarified that an arrest could only be made if there is a “deliberate or willful refusal to comply with the lawful order of the public officer”.

Their alleged practice of placing alleged curfew violators under the heat of the sun further exacerbates risks on the health of the alleged offenders, as they may suffer from heatstroke.

The Anti-Torture Act of 2009 also defines physical torture as “a form of treatment or punishment inflicted by a person in authority upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body.”

Prior to this incident, Barangay Chair Japlos had also posted videos of him warning residents of arrest should they violate the enhanced community quarantine. He also posted images of their operations against residents who earlier violated the curfew.

SUGGESTED ACTION:

Please write a letter to the following authorities, urging them to stop the practice of arbitrary detention and torture of curfew violators in Barangay San Isidro, Paranaque City and initiate inquiries in the possibility of human rights violations allegedly committed by the Philippine National Police and Barangay Chairman Noel Japlos.

A. Guarantee in all circumstances the physical and psychological integrity of the alleged violators of the curfew.

B. Ensure that all those who participated and were responsible for the arbitrary arrest and detention and torture be brought to justice.

C. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with the 1987 Philippine Constitution, international human rights standards and international instruments ratified by the Philippines, especially in this trying times of the COVID 19 Pandemic.

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. 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

3. 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

4. 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

5. 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

6. Mayor Edwin D. Olivarez
Mayor, Paranaque City
Paranaque City Hall
San Antonio Valley 1
Brgy. San Antonio, Paranaque City
Tel: +63 2 8820 7783

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[Press Release] Youth group fires back after QC Vice Mayor defend curfew ordinance -SPARK

Youth group fires back after QC Vice Mayor defend curfew ordinance

SPARK KabataanAN ANTI-CURFEW youth organization criticized Quezon City Vice Mayor Joy Belmonte after she claimed in a live interview that the curfew ordinance in Quezon City has been “very successful” in reducing the crime rate.

Samahan ng Progresibong Kabataan (SPARK) spokesperson, Joanne Lim responded by saying that, “In as much that we would prefer that the Mayors-respondents to reply to our petition before the Supreme Court instead of issuing public statements, we will have to disagree with Vice Mayor Belmonte’s assessment. Her assessment is just as vague as her ordinance”.

The group filed a petition before the Supreme Court last Friday, July 22 asking the high court to issue a temporary restraining order on the curfew ordinances of the cities of Manila, Quezon and Navotas for vagueness. overbreadth and runs contrary to a national law, Republic Act no. 9344 or the Juvenile Justice Act.

The three-term Vice Mayor expressed her approval for the continuity of the curfew. She asserted that the success was reflected upon the restored discipline and order at Quezon City, as the youth “were not loitering outside the streets at wee hours in the morning”. Apart from that, the parents were also “reminded … again of their responsibility over their children.”

Lim reiterated that “the ordinance violates the parents’ natural and primary right in the rearing of their children. The parents know best for their children and for them to be penalized with detention for allowing their children to go out during this period either ‘knowingly or by insufficient control’ is unjust”.

Lim wondered what was the basis or means of measurement for Belmonte to claim that the curfew was “very successful”.

“Belmonte is mistaken into believing her own propaganda that the much vaunted peace and order in Quezon City is brought about by their curfew. This can be easily debunked by the twenty-two extra-judicial killings in her city from July 1 to 21 alone,” Lim said.

“Empty streets does not translate that crimes are not happening. Belmonte must first prove that the curfew has a direct correlation to the decline of crime and if there was any decline, it must be because of the heavy-worded pronouncements of President Rody Duterte and Police chief Bato dela Rosa. To think that the Quezon City ordinance was enacted more than two years ago,” Lim maintained.

SPARK reminded the public that the youth engage in many other activities that are vital in their development, instead of assuming that a minor out on the streets late at night is engaged in criminal activities.

Lim stressed that while the curfew ordinances bear the promises of peace and order, in recent experience and actual implementation, the curfew does otherwise.

“It harbors fear among the youth. They know that they are not doing anything wrong, but they also know that the simple act of staying out late entails the label of criminals, and also the subsequent possibility of being detained and punished”.

PRESS RELEASE
JULY 25, 2016

Joanne Lim 0906-4045023
Member, National Secretariat

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