Category: Human Rights

SolGen actions giving ICC reason to exercise jurisdiction on PH EJKs

Published by Ellen on February 28, 2019

A scene after a police operation in one of the depressed areas in Metro Manila. VERA Files photo by Luis Liwanag.

One of the reasons that will make the International Criminal Court decide to exercise jurisdiction over alleged extra-judicial killings committed under the Duterte administration is when they see that the government is “unable or unwilling” to prosecute the crimes. It is called the principle of complementarity.

The communications filed at the ICC against Duterte and police officials alleged to be responsible for the over 5,000 killed during anti-drug operations is in the Examination stage. In her annual report last December, ICC Prosecutor Fatou Bensouda said her office has received a total of 52 communications related to extrajudicial killings in the Philippines since she started the preliminary examination on Feb. 8, 2018.

She said her office will “ continue to engage with a variety of reliable sources and relevant stakeholders on all matters relevant to the preliminary examination of the situation in the Philippines.”

Red-tagging a vicious form of fake news

Published by Ellen on February 24, 2019

When we talk of fake news and disinformation, we think of social media. That’s understandable because this is the era of Facebook, Twitter, You Tube, Instagram and other social media platforms.

But the list of alleged CPP-NPA members prepared by unidentified sources delivered during an event last Friday in Cagayan de Oro reminds us that the old form of disinformation is still being done and it’s viciousness has not diminished a bit.

There was a launching of Hustisya Northern Mindanao, a group made up of victims of martial law in Mindanao which began during the siege of Marawi City in on March 23, 2017 and has not been lifted up to now, at the Philtown Hotel in Cagayan de Oro city.

SC ruling allows police to make editorial decision

Published by Ellen on February 19, 2019

Lawyer Romel R. Bagares, of Butuyan & Rayel Law Offices, representing more than 30 members of media and media groups, filed Feb. 8 a motion for reconsideration for the Supreme Court First Division to elevate to the En Banc the case against officials of the Arroyo government over the arrest of reporters that covered the protest staged by a group of military officers led by Sen. Antonio Trillanes IV and retired Brig. Gen. Danilo Lim, who is now Metro Manila Development Authority chairman, eleven years ago.

In a Facebook post, Bagares said the Oct. 1, 2018 decision of the G.R. 210088, “the SC, via (now retired) Justice Noel Tijam, basically gave a blank check for police to truss up journalists and haul them away from a developing news event, on the pretext that they are doing it for their own good.”

DZMM’s Noel Alamar (in white) and Tribune’s Herman Tiu Laurel raise their handcuffed wrists in protest while they were being hauled to Camp Bagong Diwa for covering the Manila Pen siege Nov 28, 2017.

Disclosure: I am one of the petitioners together with Charmaine Deogracias, Ashzel Hachero, James Konstantin Galvez, Melinda Quintos de Jesus, Vergel o. Santos, Yvonne Tan Chua, Booma B. Cruz,Ed Lingao, Roby Alampay, Jessica Soho, Maria Judea Pulido, Michael Fajatin;

Media and academe group: Fight back, defend democracy

Published by Ellen on February 15, 2019

Monitoring the arrest of Rappler’s chief executive officer Maria Ressa by agents of the National Bureau of Investigation Wednesday late afternoon, I was struck by the crudeness of the operation (serving the warrant of arrest past the court’s office hours).

With all the media attention the arrest was generating, both national and international, I waited for a statement from President Duterte. There was none.

I had several questions: Does the President know what was happening? Is he on top of the operation? Where is he?
What came to mind was August 21, 1983. Former Sen. Benigno Aquino Jr. was shot upon arrival at the Manila International Airport by Rolando Galman, who was also killed.

The public later learned that then President Ferdinand Marcos was very ill and could not have been in a position to order the assassination of Aquino. Who then gave the order to kill Aquino? Thirty five years after, the Filipino people still do not know despite the fact that his widow and son were elected president and could have probed into the murder that drastically changed the country’s political course.

But that was not the situation last Monday. Although he was reported to be “not feeling well”two weeks ago, Duterte was reported to be in Laur, Nueva Ecija inaugurating a drug rehabilitation facility.

US Congress finds ‘unacceptable’ human rights developments in PH

Published by Ellen on February 14, 2019

US Pres. Donald Trump and Philippine Pres. Rodrigo Duterte meet in Manila during the 2017 Asean Summit. Malacañang file photo.

Next month, March 17, the withdrawal of the Philippines from the Rome Statute, the founding treaty for the International Criminal Court, will take effect- one year after the Duterte government deposited its official notification with the United Nations Secretary-General in New York.

The ICC, in its statement, said last year that while they regret the Philippine government’s withdrawal from the Rome Statute, “A withdrawal has no impact on on-going proceedings or any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective; nor on the status of any judge already serving at the Court.”

At least three separate communications have been filed with the ICC accusing President Duterte and officials of his government of committing crimes against humanity citing extra judicial killings in the war against drugs as well as killings by the so-called Davao Death Squad when Duterte was Davao City mayor.

Those who filed the cases against Duterte in the ICC that include Sen. Antonio Trillanes IV, Repair Alejano, lawyer Jude Sabio and relatives of the victims of the drug war, hope that the case will move up to the investigation stage before March 17. Right now, ICC Prosecutor Fatou Bensouda is in the preliminary examination stage, monitoring developments in the country.

Speaking of reports, the Asia Reassurance Initiative Act (ARIA) that U.S. President Donald Trump signed last Dec. 31 contained several observations damning to the Philippines in the area of human rights.

Save our children

Published by Ellen on January 27, 2019

Many of us have resigned to our fate of having Duterte as president until June 30, 2022. We will survive, we tell ourselves.

But not many of our children.

The House of Representatives passed on second reading last week a bill that wants the minimum age of criminal responsibility (MACR) in the Philippines from the current 15 to 12 years old.

They changed the word “criminal” to “social”, like coating poison with sugar.

Khaled Hosseini’s Sea Prayer

Published by Ellen on October 28, 2018

Khaled Hosseini’s Sea Prayer is all of 547 words. In 43 unnumbered illustrated pages.

It’s a powerful moving story of a father and son fleeing the violence and chaos of Syria to a place unknown where they know they are not welcome.

Hosseini of the heart rending best seller, The Kite Runner, said Sea Prayer was inspired by the story of Alan Kurdi, the three- year old Syrian refugee whose dead body was washed ashore somewhere in Turkey in September 2015 as a boatload of refugees tried to flee to Europe via the Mediterranean Sea.

Duterte tells the truth

Published by Ellen on September 30, 2018

This time, President Duterte is telling the truth: he has killed people without the victim or victims going through due process.

Malacañang was extremely bothered by the President’s admission of guilt that aside from statements by Presidential Spokesperson Harry Roque and Legal Counsel Salvador Panelo downplaying it, they issued a separate statement.

President Duterte admitting before civil service career officers that he has committed extra judicial killings. Screengrab from RTVM video.

This is amidst opinions by international legal experts that Duterte’s statement is an admission of guilt and will weigh heavily against him in the cases filed before the International Criminal Court.

Families of drug war victims bring plea for justice at the ICC

Published by Ellen on August 30, 2018

Irma J. Locasia, mother of Salvador J. Locasia, Jr. killed in a police operation on August 31, 2016;
Dennise B. David, father of John Jezreel T. David killed in a police operation on January 20, 2017; Maria C. B. Lozano, sister of Crisanto and Juan Carlos B. Lozano both killed in a police operation on May 12, 2017; Mariel F. Sabangan, sister of Bernabe F. Sabangan killed alongside Arnold S. Vitales in a police operation on May 15, 2017; Normita B. Lopez, mother of Djastin B. Lopez killed in a police operation on May, 18, 2017; Purisima B. Dacumos, wife of Danilo G. Dacumos killed in a police operation on August 3, 2017.

Last Tuesday, as the Supreme Court started hearing oral arguments on the legality of the withdrawal by the Duterte government from the International Criminal Court, the names mentioned in the first paragraph, held a press conference announcing their decision to go to the ICC in The Hague because they do not expect to get justice for their kin killed in Duterte’s bloody and indiscriminating war against drugs.

Families of victims of Duterte’s war on drugs go to the International Court of Justice.

Mother of tokhang victim petitions Netflix not to show ‘Amo’

Published by Ellen on April 8, 2018

There’s a petition going around online addressed to Netflix to stop the April 9 showing of the TV series “Amo” about the brutal war against illegal drugs being waged by President Rodrigo Duterte.

The Netflix TV series is directed by the multi-awarded Brillante Mendoza and stars Derek Ramsay.

OFW Luzviminda Siapno,mother of Tokhang victim, petitions Netflix not o show Amo. Photo from change.org

The petition is by Luzviminda Siapo, mother of 19-year old Raymart, a person with disability, who was killed by policemen April last year in its indiscrimate operation against illegal drugs.

Here’s Siapo’s letter in Filipino. There’s an English version in the Change.org website: https://www.change.org/p/netflix-netflix-don-t-air-pro-duterte-drugwar-series