Human Rights Online Philippines

PHILIPPINES: The Tulawie case — activist’s wife talks about how his arrest changed her and her children

(Hong Kong, September 6, 2012) Mussah Sherian, the wife of the falsely accused human rights activist Temogen “Cocoy” Tulawie, thought she would just be “behind the scenes taking care of (their) children,” but it all changed after his arrest.

Mussah now looks after their five children, namely Iman, 19; Imir, 15; Carrey, 12; Jihad, 8 and Tasmin, 6; by herself since her husband’s arrest on January 26, 2012. In a 30-minute interview by the AHRC, she tells how her husband’s arrest and detention affected her and her children, and why she must now be “in the frontline”.

“I don’t want them (the oppressors) to feel that they are successful. So I continue with the human rights work. That is why I am still continuing,” Mussah told Rasika Sanjeewa Weerawickrama, a staff member of the AHRC. She refers to the impact of Temogen’s arrest and detention which resulted to a “chilling effect” to “all the human rights defenders” in the province of Sulu.

Mr. Weerawickrama, a human rights lawyer from Sri Lanka, appeared in court to observe Temogen’s arraignment for murder charges in Davao City on August 3.

Mussah thought the fear amongst activists after Temogen’s arrest was so deep that “human rights workers just stopped their work”. Her resolve to come out, taking on her husband’s work, was to remind the importance of the work that her husband started: “Who will document the human rights violations now?”

Temogen, as mentioned in our previous appeals and statements, was instrumental in cultivating complaints and documentation in Sulu. His and his colleagues work had helped to draw attention to the human rights situation in a place where social control by power and political influence is deeply embedded.

However, the cost of Temogen’s arrest and detention has been heavy, not only on his children and his family, but now as to how the people close to them are treating them. “They put a wall between you, they don’t want to talk to you, (they) don’t want (you) to be friends,” Mussah said.

On Temogen’s relationship with his children now, Mussah said “the hardest time, he said, is when we say goodbye and go home and he sees us turn our backs and he (Temogen) is left there alone (in jail)”.

When Temogen was arraigned on August 3, his daughter Tasmin was seen with other siblings “very teary eyed,” which adds on to her earlier shock when “she saw her father wearing handcuffs” for the first time. Mussah said the ‘handcuffing’ of her husband did not only shock her children, but created a barrier between him and his children.

Mussah said her daughter would only come to her father only when “police removed one of the cuffs”.

After the first court hearing, Mussah said of the murder charges: “everything they read to him is the exact opposite of what Cocoy really is”. For her, she knows of her husband as “peace loving (person) and I know that he is a person who values life”.

The next court hearing on Temogen’s case in Davao City is scheduled on September 19, 20 and 21, 2012.

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FULL TEXT OF HER INTERVIEW:

Interview with Mussah Sherian Tulawie, the wife of Cocoy Tulawie by Rasika Sanjeewa Weerawickrama
RSW: Welcome Mussah, could you please explain what happened to your husband Cocoy Tulawie?

MST: Cocoy Tulawie is a human rights defender in Sulu and the governor of Sulu filed charges against him that are totally false. As of now he is detained at the Ma-a City Jail in Davao City, he was arrested last January 13 and today was the first hearing for the bail application and also the arraignment and we feel that the case is being delayed.

RSW: What is the reason for the governor to file these cases against your husband?

MST: I think that it is because he is a human rights defender and he documented human rights violations in Sulu which the governor objected to.

RSW: Actually, as the wife of a human rights defender what is the current situation in Sulu concerning human rights violations?

MST: I think it’s not healthy in Sulu right now concerning human rights violations but there were no other HR workers who documented human rights violations because they are afraid that if they will do that they will end up just like Cocoy.

RSW: Mussah, can you explain what kind of human rights work your husband was involved in before this case?

MST: You name all human rights violations, Cocoy was involved in documenting them; massacres, rape, the ID system that the governor of Sulu wants to implement, the declaration of the state of emergency, warrantless arrests and things like that. He documented all of those things.

RSW: Who do you feel is behind the planting of these two cases against your husband?

MST: Governor Sakur Tan!

RSW: It is a politically motivated case?

MST: Yes.

RSW: Can you remember the date that your husband was arrested were you with him on that particular day?

MST: When he was arrested I was in Zamboanga and he was here in Davao together with two of our children.

RSW: How do your children fell about what happened to your husband?

MST: At first they were shocked, then so sad because they were always hoping that their father will come home soon.

RSW: Do you know the charges filed against your husband, the gravity of them? The cases that they have fabricated against your husband?

MST: I know that they are very serious charges but I still have this feeling that this will all end soon and that it will end in our favour.

RSW: You have come to this court, in Sulu City and the Davao Regional Trial Court and you have many experiences? What do you feel about the about the struggle in the court system in the Philippines.

MST: We had a very bad experience in the Sulu court that is why we filed the petition for the transfer at the Supreme Court and transferred the case here in Davao. We think that Sulu is not a neutral ground. That is why the Supreme Court granted our transfer of venue petition and for that we are very thankful.

RSW: Actually I read the transcript of the Supreme Court order regarding your husband, and it is clearly mentioned that the Supreme Court find that there is a well established threat. You must be very happy; could you explain what the situation is regarding the threats to your husband and you?

MST: The mere fact that the Court of Appeals when they heard the order granted us a protection order when we filed the Writ of Amparo means that they really saw that there was an imminent threat to Cocoy Tulawie and his family.

RSW: Even in the Regional Court of Davao City today we heard that the private prosecutor who appeared for Governor, Sakur Tan stated to the Honourable Judge Europa that still they are trying to transfer the case from the Regional Court of Davao City to Manila. Why are they so interested to transfer the case and why do you object to it?

MST: It’s not that we don’t like to transfer the case but we think that if we transfer the case again then we will be back to zero and his days in detention will be longer. But I think that why does the governor have to transfer the venue again; this is neutral ground, Davao City is neutral ground, why can’t he just face us here in Davao City. The fact that he is transferring the case to Manila means that he doesn’t want to face us in court. I think that is why he is doing everything to delay this case.

RSW: We further observed that the counsel that appeared as a private prosecutor for the governor requested the court to postpone the case until the Supreme Court makes a final determination and it is evident that they are trying to delay this matter as long as they can.

MST: I think they believe that their petition to transfer the case from Davao to Manila will be in their favour. I think that is the way they feel so they want to delay the matter.

RSW: Do you feel that you and your husband are safe in Davao City and you can see justice from here? Do you believe that?

MST: Yes, I believe so.

RSW: I saw that you came to court today with your five children; can you please tell me their names and ages?

MST: We have five children, four boys and one girl. The eldest is Iman, he is 19-years-old and Imir, 15, Carrey, 12, Jihad 8 and the youngest is Tasmin, she is 6-years-old.

RSW: After your husband was arrested, how did your children feel about his safety and what happened to him?

MST: Cocoy is very close to our children and that is why this is very hard for them. I have explained to them that this will only be temporary.

RSW: Both you and Tulawie are at a young age and you have five lovely children and you are caring for them. But at the same time you are a registered staff nurse. How are you coping with your children and your life?

MST: I have a very positive outlook on life that is despite how heavy this burden is, I just feel that everything will pass.

RSW: You are a professional and at the same time your husband is a graduate of the University of the Philippines, a very prestigious university, renown as the highest in the country, he completed his degree and still engaged in his intellectual work. And then suddenly he is arrested and in prison. How do you feel about this?

MST: It’s very hard, especially if you are partners. As a partnership we should be together and when he was arrested I felt as if one half of my body was paralysed.

RSW: You usually visit him in the prison, how does he feel about his life in prison without his children and his wife?

MST: He is having a very hard time there inside the jail because he is very close to the kids and we used to do things together and right now he is alone and we go and visit him. And the hardest time, he said, is when we say goodbye and go home and he sees us turn our backs and he is left there alone.

RSW: You were living in your home town or your husband’s home town in Sulu province. You were with your neighbours, your friends and the people of your community, after the government arrested him and filed these very serious charges against him what was your reaction and that of your family?

MST: It was a very big change. Even in social gatherings, social functions people seem to distance themselves. They put a wall between you, they don’t want to talk to you, don’t want to be friends, but we understand.

RSW: You experience of the police of the Philippines, you and your husband, how do you explain how the police work in this country?

MST: I think just like the policemen in different countries. In the States or wherever you go there are good policemen and there are bad policemen. But here in Davao City so far we have not experienced that. Even in detention we always feel that the jail guards and the police there respect him and us.

RSW: If this had happened in Sulu province what would be his fate?

MST: I don’t know, most of the policemen there follow the orders of the governor and the mayor.

RSW: Actually, after this incident you, your husband and children all migrated to Davao City. Why, was there a threat to your husband, to you? Can you explain the threat?

MST: We experienced armed men entering the compound and then police cars containing heavily armed men were parked outside our residence. We felt real harassment.

RSW: Was there a threat to the life of Tulawie?

MST: Yes. That is why we filed the Writ of Amparo because we felt that there were threats against our lives.

RSW: Who do you think is responsible for these threats.

MST: I think they were following the orders of the governor.

RSW: Do you feel that when Tulawie is detained in Davao City he is in a safe place and is there any proper arrangement for the protection of his life? Are you satisfied with that.

MST: Yes, so far I am satisfied with how they keep Cocoy inside the jail.

RSW: What is your experience with the work of the Department of Justice of the Philippines? I know that your husband tried to get relief from the Secretary of the Department of Justice, he explained his innocence to the people of this department and asked them to discharge him from these charges. What is your experience with this department?

MST: All I want to say to Secretary De Lima, Ma’am please be fair.

RSW: Your husband has written to the Supreme Court of the Philippines and filed a motion asking to be released, what is your view of the Supreme Court?

MST: We have no bad experience of the Supreme Court so far. In fact, they were the ones who granted us the transfer of venue to Davao City. So, I’m happy.

RSW: Actually, I saw the way, in an innocent way, you and your five children came into the court and listened all the time to how the court is functioning here in the Regional Trial Court of Davao City, do you believe that justice will be delivered from this court?

MST: Hopefully, hopefully.

RSW: Will it come soon

MST: Hopefully, God willing.

RSW: I know that you listened to the charges levelled against your husband; they were very serious charges, the masterminding of the assassination of a governor, his bodyguards and civilians; providing firearms and explosives for a serious crime; many serious crimes, aiding and abetting. Do you believe there is enough evidence for these charges?

MST: No, they are all false charges.

RSW: Why?

MST: Because I know my husband, he is a peace loving and I know that he is a person who values life. That is why I can’t believe that he can do such things.

RSW: According to you, you are working very closely with the people who are assisting you. Is there any direct evidence, secondary evidence or circumstantial evidence or any expert evidence so far, against your husband?

MST: None at all.

RSW: So without any such evidence they are maintaining this case against your husband. What do you think?

MST: I feel frustrated. Sometimes I feel like saying you should just drop the case

RSW: How do you think your children feel? Do they believe that their father will get justice from this court?

MST: Yes, they believe.

RSW: What is the opinion of the smallest one? I saw your daughter was all the time touching the handcuffs when your husband was brought to the court. What questions does she ask?

MST: At first when she saw her father with handcuffs I think she was shocked. She was very teary eyed this morning. When the police removed one of the cuffs that was the time she approached her father. But with the handcuffs like that (shows her hands together) she didn’t want to approach her father.

RSW: When she spoke, how did her voice sound?

MST: I think her voice was brave and courageous and at a young age they are aware of about human rights, human rights defenders and what is going on. That is why I think they will be OK.

RSW: While you are very much engaged in your profession as a staff nurse I heard that you are doing many human rights work that your husband continued. Could you please explain what your husband did in these human rights movements and what you are now doing with these human rights works?

MST: Before this I was behind the scenes. I was not very active in this human rights work because Cocoy thought that he would be in the front line and I would be behind the scenes taking care of the children. But now, after his arrest….. I don’t want them to feel that they are successful. So I continue with the human rights work. That is why I am still continuing.

RSW: In the court I saw a very large crowd. The court house was full of people. The young, the old, civilians, human rights activists, even retired judges and legal professionals. Many are behind you and seeking justice, who is helping you? Could you please explain that?

MST: Generally, I think the people who are helping us are the good people. For me they are the good people and for me the good will always prevail. That is what I think.

RSW: If you had the opportunity of sending a message to the international community and the citizens of the Philippines, what would be your message? What do you seek, what are you claiming, what are you demanding from them.

MST: From the Philippine government I just want to ask them to be fair. From the international community I just hope we can be united and think of how to defend human rights defenders. I would also like to thank the AHRC for sending attorney Sanjeewa. I am happy to meet you and I would also like to thank Danny (Danilo)

RSW: Before the conclusion I want to know one other thing. You are an educated woman. Your husband was a very active human rights defender; do you feel that there are similar cases in the Philippines? Do the people face these kinds of situations? What is the situation?

MST: I think there are many similar cases like that of Cocoy here and all over the Philippines. But the only difference is that there are some human rights defenders that are criminalised in some areas but in Sulu its seems that after what happened to Cocoy there was a chilling effect and all the human rights defenders there and the human rights workers just stopped their work. I think they were afraid that what happened to Cocoy could also happen to them. Who will document the human rights violations now?

RSW: If you were given the opportunity to call President Aquino as the wife of a victim what would you ask your president?

MST: I think that of all the persons who should understand what I am feeling right now it’s our president Pinoy, because his mother, the late former president Cory Aquino, I think I can relate how she sacrificed with her husband in detention and also charged maliciously with false accusations, I think our president should understand how I feel.

RSW: In the court today, when the bench clerk read the charges against your husband he was so simple. He listened very carefully and bravely said I am not guilty. What do you think about that?

MST: I was so emotional because everything they read to him is the exact opposite of what Cocoy really is.

RSW: I respect you, I congratulate you and I salute you too as a mother of five children and a very young wife of a lovely husband and victim of human rights violations and for the continuous struggle in the demand for justice. I salute you.

MST: Thank you.

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For more details about this case, please read:

Links to documentation by the Asian Human Rights Commission:

PHILIPPINES: Temogen Tulawie case – prosecutors uses forced confessions as evidence

PHILIPPINES: Temogen Tulawie case – prosecutors uses forced confessions as evidence 

PHILIPPINES: The concept of human rights stands accused in trial of Sulu activist

PHILIPPINES: The concept of human rights stands accused in trial of Sulu activist 

PHILIPPINES: “I stand trial to defend the ‘concept of human rights’,” Sulu activist writes from prison

PHILIPPINES: “I stand trial to defend the ‘concept of human rights’,” Sulu activist writes from prison

PHILIPPINES: “Guilty until proven innocent”
http://www.humanrights.asia/opinions/columns/AHRC-ETC-031-2010

PHILIPPINES: Human Rights in Sulu: The Case of Temogen Tulawie

PHILIPPINES: Human Rights in Sulu: The Case of Temogen Tulawie 

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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.

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