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Category: Human Rights

Holding Arroyo responsible for the Ampatuans

The dismissal by a Quezon City judge of the rebellion case against Maguindanao governor Datu Andal Ampatuan Sr, his son, ARMM governor Zaldy Ampatuan and 22 others should strengthen the case filed by relatives of journalists who were among those killed in the November 23 massacre before the ASEAN Intergovernmental Human Rights Commission (AICHR).

Nov 23 massacre
Nov 23 massacre
The journalists’ relatives are holding the Arroyo government responsible for the Nov. 23 carnage. In their suit filed last February, the relatives said “Clearly, all of those responsible for the carnage are agents of the Philippine State. Their acts in connection with the 23 November 2009 Maguindanao massacre are attributable under international law to the Republic of the Philippines.”

This week, three of the petitioners, Glen Salaysay, son of Cotabato City journalist Napoleon Salaysay, Noemi Parcon, wife of Koronadal City journalist Joel Parcon, and Feulen Sumagang, cousin of UNTV reporter Julito Evardo, were in Jakarta, where the AICHR is based, to follow up on their suit accompanied by their lawyer, Harry Roque of the CenterLaw Philippines.

They were most disgusted to find out that the Arroyo government has taken the stand that the Maguindanao massacre that has shocked the world and earned for the Philippines the distinction of being the most dangerous place for members of media is “a domestic legal issue” and international human rights bodies have no business meddling in.

Muzzling the victims to protect Arroyo

Last Feb. 3, the relatives of 13 journalists killed in the Nov. 23 2009 massacre in Ampatuan town in Maguindanao filed a suit with the Asean Inter-Governmental Commission on Human Rights to hold accountable the Arroyo government for the carnage that murdered at least 57 people, 30 of them journalists.

The rationale for the charge, which was done with the assistance of CenterLaw Philippines, is simple and easily understandable: All of those responsible for the carnage are agents of the Philippine State.

Harry Roque of CenterLaw yesterday disclosed that Justice Secretary Agnes Devanadera (who is supposed not to be holding that position since she filed her certificate of candidacy last Nov. 30) is pressuring the kin of 13 journalists who filed the suit with the AICHR not to pursue it.

Mrs B and the 43

There were no dry eyes when the lights opened at the auditorium of Bantayog ng mga Bayani last Saturday evening- the last show of “Mrs B”, a theater presentation about Edith Burgos’ search for her son, Jonas.

As we all know , Edith Burgos, widow of Jose Burgos, Jr. founder of Malaya and considered a press freedom icon, has been in search of her son since April 28, 2007 when he was abducted by unidentified men and a woman while having lunch at the Hapag Kainan restaurant in Ever Gotesco Mall in Quezon City.

Last Saturday’s performance had Bibeth Orteza as Edith ( Gina Alajar was the other Edith). It’s a moving 45-minute monologue.

Military defies SC on 43

AFP fails to present detainees

by Norman Bordadora
Philippine Daily Inquirer

Despite a writ of habeas corpus issued by the Supreme Court, the military and the police failed to present before the Court of Appeals Friday the 43 health workers arrested on Feb. 6 on suspicion of being members of the communist New People’s Army (NPA).

Statement of the CHR Chair Leila de Lima:

Based on our team’s follow up interview with, and our own doctors’ physical check up of, the detainees last Thursday, February 11, no allegations and traces of physical torture. There’s one though who claims that during interrogation, he felt some twitching of his thighs which he attributes to some form of electric shock. He also claims to have smelled a gas-like substance. Some male detainees have injuries in their wrists due to tight handcuffs. About two (2) of them have injuries surrounding the eye area due to tight blindfolding.

Our initial findings of mental/psychological torture REMAIN, i.e., continuous blindfolded and handcuffed for 36 hours, the resultant indignities (somebody else feeding them or removing their under wears, forced to wear pampers), repeated interrogations using scare tactics like making them believe that they can be killed or disappear anytime or that something will happen to their families if they don’t cooperate. Also, repeated denial to right to counsel at the time of the arrest, during interrogations and inquest. We also learned that interrogations at odd hours midnight continued even after our first visit last February 8. I immediately called the attention of Gen. Segovia about that. He said he would look into it.

Based on our team’s interview with the two (2) barangay kagawads who accompanied the raiding team and witnessed the search, there appears to be NO indication of planting of firearms or other evidence. I hasten to add though that we’re not prepared at this point to completely rule out such planting of evidence. A further probe is needed on this. I also agree with the detainees’ counsels, and I said this before, that the search warrant is patently defective on its face.

AFP’s failure to produce the 43 detainees at yesterday’s hearing is really a dangerous precedent in our justice system. The cited reason, lack of material time to prepare for transit the so-called high-risk detainees, to my mind, is not a valid one. It goes against the very essence of a writ of habeas corpus. If the AFP authorities had the will to obey the order, they could, with best or earnest efforts, have done so. A contempt citation would have been in order. I just hope and pray that between yesterday and the next hearing on Monday they’re no longer subjected to further interrogations, mental torture, indignities and other human rights violations. May I take this opportunity to issue this stern warning to the AFP authorities and detention officers/personnel to CEASE AND DESIST form performing such and similar acts. Irrespective of who they are, alleged NPAs or not, they all have human rights. No one deserves to be treated inhumanely.

Col. Aurelio Baladad, the representative of the military at the habeas corpus hearing, told the appellate court that there was no time to coordinate security measures for the health workers’ transfer from Camp Capinpin in Tanay, Rizal, to Manila.

Raid!

Update: 43 health workers get SC writ

by Michael Tan
Philippine Daily Inquirer

I know some of you are expecting a column about yesterday’s Inquirer forum at UP with the presidential candidates. I have a lot to share about that event, but I have to postpone that article because I want to write about a very urgent issue, one which has implications for the elections.

I’m referring to the raid conducted last Saturday on a health workers’ training seminar organized by an NGO, the Council for Health and Development (CHD), resulting in the arrest of 42 of the workshop participants. That included two physicians, one nurse and one midwife. All the others were community health workers, most of whom were poor farmers or workers who have been trained as paramedics and health educators. The 42 were brought to Camp Panopio in Tanay, Rizal.

The media reports have mostly featured the military’s claims that the workshop participants were rebels and they were being trained to make bombs. There has been little from the detainees themselves because the mass media have been denied access to the prisoners.

My column today mainly uses information from Dr. Delen de la Paz, vice president of Health Action for Human Rights, and press statements from CHD.

The workshop was being held on private property, a farm/resort owned by Dr. Melecia Velmonte, a retired 71-year-old professor emeritus at the UP College of Medicine who often lets health NGOs use her place for such training activities.

Ampatuan Jr. harrassed at DOJ preliminary hearing

Related stories from ABS-CBN: I killed hundreds for Ampatuans – ex-child assassin

Ampatuan Jr waves right to answer murder charges

Andal Jr. by ABS-CBN online
Andal Jr. by ABS-CBN online
From ABS-CBN:

Datu Unsay Mayor Andal Ampatuan Jr. was harassed by a handful of Filipino journalists when he arrived Friday afternoon at the Department of Justice (DOJ) for the preliminary investigation into the mass murder of 57 people in Maguindanao province last month.

Ampatuan Jr. arrived shortly before 1:30 p.m. at the DOJ compound on board a bulletproof van. He came out of the van handcuffed and clad in a bulletproof vest.

Before Ampatuan Jr. entered the DOJ building, he was harassed by some members of the National Press Club (NPC). The journalists were holding several pictures of the bodies taken from the massacre site in Ampatuan town.

Marlon Purificacion, a reporter of People’s Journal, threw pictures into Ampatuan Jr.’s face. The journalist said their protest is a show of support and sympathy for the 57 families of the massacre victims, which includes 30 journalists.

Ampatuan Jr. has been charged with 25 counts of murder for the massacre. Several witnesses have testified he took part in the killings.

No to martial law

Update: Senate: No; House of Representatives, Yes.

Supreme Court: No basis for martial law in Maguindanao

There’s a collective cry opposing the imposition of martial law in Maguindanao for lack of factual and legal basis.

All statements opposing it cite the provisions of the Constitution that limits the basis of the declaration of martial law to rebellion and invasion.

Justice Secretary Agnes Devanadera cites “brewing rebellion”.

Even the Commision on Human Rights is not convinced that the situation in Maguindanao merits a declaration of martial law.

Leila de Lima, chair of the Commission on Human Rights, in a press statement,said, “I am not fully convinced that circumstances truly merit a declaration of martial law. Calls for swift justice on the Maguindanao massacre and the presence or massing of armed groups may not be enough basis for such declaration. Full force of the law, not martial law, is the form of decisive governmental intervention that the public expects.”