Maybe I should thank the Commission on Human Rights for saying that the arrest of journalists who covered Sen. Antonio Trillanes IV and Brig. Gen. Danilo Lim at the Manila Pen on Nov. 29, 2007 “constitutes arbitrary arrest/detention in violation of human rights standards.”
It’s definitely better than the dismissal of our class suit by NBI- agent- turned-judge Reynaldo Laigo of the Makati RTC who said that our arrest, handcuffing, and detention was “justified’ and even added that we were “so lucky” that the police didn’t initiate criminal charges against us.
With a leader who has no respect for the Constitution and disdains truth, CHR chair Leila de Lima gives me some hope. Maybe I should thank her for making the Commission say that “there have been violations of the human rights of liberty, security of person and freedom from arbitrary arrest of the complainants in the Manila Peninsula Siege.”
But I cannot bring myself to applaud all the findings and the recommendations. It’s a copout, actually. I join the National Press Club and the National Union of Journalists in the Philippines in asking why the CHR didn’t recommend the filing of charges against the policemen and the officers involved in the arrest for violations of the law.
Why did the Commission just recommend that the case “be referred to the DILG and the PNP for internal inquiry and filing of possible administrative/disciplinary cases and measures applied to proper personnel and to the Department of Justice for further investigation and filing of proper cases as to violations of the Revised Penal Code and special laws on the rights of persons detained.”
It’s disappointing that after mustering enough guts to say that the law enforcers violated the law, CHR opted to engage in a charade. Do they really believe that Local Government Secretary Ronaldo Puno and whoever would be the Police Chief when Gen. Avelino Razon retires this month would “investigate and file charges” against their men? Didn’t they hear Puno say that they will do it again if a similar situation happens?
From what planet did they come from to believe that Justice Secretary Raul Gonzalez will investigate and file charges against those who arrested, detained and handcuffed us?
Nevertheless, I find it comforting that the commissioners are not fond of plastic handcuffs.
CHR said: “Members of the media were restrained by using plastic handcuffs, which are instruments of restraint which is not justified under the circumstances. Under the ACPO Guidance on the Use of Handcuffs: ‘Any intentional application of force to the person of another is an assault. The use of handcuffs amounts to such an assault and is unlawful unless it can be justified. Justification is achieved through establishing not only a legal right to use handcuffs, but also good objective grounds for doing so in order to show that what the officer or member of police staff did was a reasonable, necessary and proportionate use of force.’
“There is no proof that the media displayed violence nor that they tried to escape the police which could have justified their restraint. They are professionals merely doing their jobs. They were without weapons and the restraint applied to them does not pass the tests of reasonableness, necessity, and proportionality.
“The fact that some of the complainants were handcuffed while others were not demonstrates that the PNP personnel themselves did not find a grave and imminent threat of violence or escape by the media practitioners.
“Even in the United Nations Standard Minimum Rules for the Treatment of Prisoners, we note that the use of restraint is taken with much caution. With more reason then that instruments of restraint should not have been applied to the media who were not even ‘prisoners.'”
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CHR not proper body to judge media arrests- Razon
Palace shrugs off CHR findings
CHR Chair de Lima is doing a great job. But so far, I think CHR could only cry loud against the abuses of the government. What else could it do? Here we have an agency to monitor against human rights abuses; but the same CHR is being abused by the government headed by the current fake and evil leader.
Please tell me, what could Ms. de Lima do?
Siguro hangang recomendasyon lang ang CHR. Nasa kamay ng Dept. of Justice ang may kapangyarihan para umusad ang kaso. May tiwala ka ba kay DoJ chief SiRa-ulO Gongzales? Abangan ang kasunod. Dalawa lang ang puedeng pag-pilian, whitewash o cover-up. Tapos na ang kaso.
It is only in the Philippines where anything, even before any endeavor gets started that fixes are already in place. I won’t be surprised if denials of any wrongdoing were already in place even before the journalists covered the Trillanes event.
This seems true from the highest to the lowest channels not only in govt’ but also in the private sector, Yes, even in your own backyard.
My own brother, who is a lawyer, prefer to look good in the eyes of strangers than to be honest to his own kin. Then a lawyer who is supposed to works for all of us to settle my late parents estate simply deny and or claim whatever supports or benefits my siblings self promoting interests.
I tell you, folks; I never would have believed the level and how widespread corruption is in the Phil. until I get a first hand taste of it.
I am standing my ground as you good folks are holding the fort for truth and justice against the Gloria plague.
Diego, that was what I meant…CHR could only recommend. The one tasked to prosecute is still the government like the DOJ. Criminals investigating criminals? But just the same, we join Ellen in thanking CHR for its’ awesome job.
Small Blessings!
I do not think you understand the workings of the Commission on Human Rights of the Philippines (CHRP). The CHRP is neither a judicial or quasi-judicial body. It is CHRP’s function, among others things, “to provides legal aid and counseling services; conducts monitoring of
cases/complaints with concerned agencies; conducts rights based public inquiry on issues and concerns of marginalized and disadvantage sectors; and conducts studies to establish certain human rights conditions/situations affecting human development for the adoption of policies, programs and measures for the promotion of human rights. Also, it is CHRP’s function to provide appropriate human rights investigative interventions; medico-legal services; conducts alternative dispute resolution of cases thru mediation; quick reaction activities; fact finding missions; rights based situation tracking and rights based investigative monitoring”
Thus, the CHRP was absolutely correct in referring the matter to the DILG or PNP or the DOJ. The fact that RTC Judge Reynaldo Laigo of Makati dismissed the class suit on the ground that the arrest, handcuffing, and detention was justified put to rest the issue of arbitrary detention.
The Manila Peninsula Siege absolutely justifies the police to arrest, handcuff and detained any and all people who may have caused or incited the siege and that includes some liberal media people. The fact that “There is no proof that the media displayed violence nor that they tried to escape the police” was not relevant as long as the police had a probable cause that an unlawful activity was afoot.
The spring cannot rise more than its source and therefore, CHRP cannot override the ruling of RTC Judge Reynaldo Laigo. Can we just call this matter a sour . . . .
Under a different regime, the CHR’s action would have been sufficient. After all, it’s main objective is directed towards policy. But under Gloria, we have institutions in grave states of disrepair we are now simply frustrated with a policy announcement, we just hoped they would do the job another agency is supposed to do. Hell, we could have hoped the CHR would prosecute, judge and execute the offenders, don’t we?
With CHR, COA and the Senate as probably the last “independent” institutions of democracy after the SSS was the last to fall, we surely understand how Ellen and her colleagues feel wanting as to CHR’s announcement.
Lets abolish CHR. We spend so much just to accommodate the UN requirement with an organization that fights without a tooth. Just like the oppositions crying out foul but nothing happens.
Mabuti pa ang NPA, they kill the wrongdoers swiftly. Their kangaroo courts are better than our courts. No need for lousy smart lawyers.
Valdemar
Your shortsighted ideas would go nowhere. It would only exacerbate the problem. You must really hate yourself as you hate the political system. You are weldome to join the NPA if you want a swift justice. Would you allow yourself to be tried, convicted and hanged without a due process of law. It is not a question on how we speed up the judicial system. It is a question of whether or not we observed democracy in dispensing justice to everybody.
TonGuE-tWisTeD
Absolutely wrong. CHRP has no judicial or quasi-judicial power and therefore it makes no difference who is sitting in Malacanang.CHRP is not an independent body as you allege so it could fall any time depending on who is in power.
Can you read and understand english?
That was for Atty Castro, Achiever, Sorry Wrong No., or whatever his/her real name is.
“I do not think you understand the workings of the Commission on Human Rights of the Philippines (CHRP).”
You do not think. Period.
Yes, I also notice that Atty. Castro, Achiever and Sorry Wrong No. sing the same tune. Let’s turn off the bad music !
The world is watching!
CHRP is inutile, although there is a court to hear cases,these courts may have been set up on paper, but have not functioned in reality. When we talk about human rights, we talk about those rights that are protected by international human rights conventions, or agreements, through the United Nations.
The Universal Declaration of Human Rights is not a legally binding document, it is more like a promise that countries make to each other and their citizens that guarantees certain rights to people within its borders.
Achiever, wrong no, atty castro (or whoever/whatever reincarnation you may come up with next time),
If you tell me that arresting media personnel covering what was nothing more than a “press conference” in a nice hotel and treating them like dangerous criminals is justified you’re perfectly out of your rockers (wacko!). But if you say the police did it as a “show of force” to frighten media and send a stern message across that this is what happens if you tangle with the administration at least you are being honest to yourself and the rest of the world.
Please have a conscience, you’re robbing the country with impunity, hindi ba kayo nagkakaindigestion?
“I do not think you understand the workings of the Commission on Human Rights of the Philippines (CHRP).”
…and you do? What? To dance to Gloria’s strings like the SC?
CHRP has no teeth pala, kahit bucktooth lang!
Chi: si bugs bunny may ngipin..tingnan mo si putot!
Achiever,
I am worried that sometimes I hit hard on the nail of truth like in your idealism where democracy is void or perhaps full with the courts quagmire of swift corruption and the long long overdue processes. Thats what I see in my shortsightedness and no need to hide those from the democratic masses. I keep myself out of trouble so I wont be in the NPA harms way that is enough deterrent for me. Look at Tara, and those killed like chickens everyday. Where is the deterrence. The law is always ‘outsmarted’ by the criminals that go scot free because of democracy here. And to listen to your minions that only God has the right to snuff out life of even the most hardened criminals who acted like god killing people. I am sorry if you are bothered with my comment. Dont worry I will see what good is left yet to align with what you want to hear.
Bakit kayo na-dismiss Ellen? Because Harry Roque may know the law, but the other side knows the judge.
Hindi orig yan. Credit goes to Judge Jaime Salazar, who taught legal ethics. He used to say, “I can teach you the principles of ethics, but I cannot teach you to be ethical. That, you learn from your parents.”
Mukhang ganun nga, Atty.
Naka-appeal ba Ellen? I want to post some points on it, by way of discussion lang.
Yes, we appealed it to the CA.
Well if the pekeng-periodistas want to be in the middle of the coup-coup-roo-coup-coup then let them have it! damn it!
These pekeng-periodistas shouted to the whole world that it was coup-coup-rooo-coup-coup. Fortunately the civilized foreign wires ignored these ding-dungs.
After these ding-dungs realized they were ignored they DOWNGRADE it to STAND-OFF!!! Ha!ha!hA! WHAT AN INSULT!!!
I hope these pekeng-periodistas felt the insult!!! But I doubt they felt it.
They are the same pekeng-periodistas who publish unvetted newsarticle to stir up trouble. They are the same pekeng-periodistas that molds people’s opinion to hate anyone sitting in Malacanang. Same pekeng-periodistas who published Senate hearings that compromised their invistigation.
Well … Senate clowns are also to blame because of their naivte and ignorance.
A rookie cop in Amerika who has never graduated from ivy-towers of Harvard wouldn’t even tell professional journalists the name of victims, weapons of crime, how the victim died so as not to COMPROMISE and TELEGRAPH their findings to the perpetrators.
Here, in the Filipinas, anything goes. IGNORANCE RULES!!!!!