Home / News / Urgent Appeals / PHILIPPINES: Arbitrary arrest and detention of a labour lawyer; 18 other activists falsely charged

PHILIPPINES: Arbitrary arrest and detention of a labour lawyer; 18 other activists falsely charged

October 28, 2008

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-239-2008

28 October 2008
---------------------------------------------------------------------
PHILIPPINES: Arbitrary arrest and detention of a labour lawyer; 18 other activists falsely charged

ISSUES: Arbitrary arrest and detention; human rights defenders; right to liberty and security
---------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) writes with deep concern regarding the continued detention of a labour lawyer after having been arbitrarily arrested from his house on murder charges. He first briefly disappeared on October 23 but was later found to be in police custody. Apart from the murder, he was also falsely charged with arson and conspiracy to commit rebellion together with 18 other activists in separate incidents.

CASE DETAILS: (According to information from the Center for Trade Union and Human Rights (CTUHR) and Alliance for the Advancement of Peoples Rights (KARAPATAN))
 
At around 1pm on 23 October 2008, Attorney-at-law, Remigio Saladero Jr. was working in his house when an unidentified man, in plainclothes entered and asked him if he was attorney. Saladero. Saladero replied that he was. Thereafter, the man left and when he returned he was in police uniform together and accompanied by several other police officers from the Antipolo City Police Office (ACPO) of the Philippine National Police (PNP).

The police showed him a warrant of arrest dated 6 October 2008 issued by Regional Trial Court (RTC), Branch 40 in Calapan City in Mindoro Oriental. However, the name and address of the person mentioned in the arrest warrant were different from his. The warrant was for charges of multiple murders and multiple frustrated murders that took place in Mindoro.
 
Saladero was handcuffed and forcibly taken into custody. The police also took his mobile phone, computer CPU (central processing unit) and a laptop. Later that day his wife, Maricel, who was supposed to meet him at 4pm found that he was not there. The gates to the property and doors of their house were open; the floor was covered in mud and filth.

Saladero was first taken to the Rizal Provincial Police Headquarters in Antipolo City where the arresting officers photographed him. While in police custody, the police refused Saladero's assertion that he should be allowed to contact his family and inform them of his whereabouts.
 
Later, he was transferred to Camp Vicente Lim in Laguna. It was only after 8pm that he was able to contact his wife. Maricel arrived at the camp at around 11:30pm accompanied by Atty. Noel Neri, a colleague of Saladero from the Pro-Labor Legal Assistance Center (PLACE), and other groups and persons comprising of the Quick Reaction Team (QRT)--KARAPATAN-National office, AnakPawis Partylist and Kilusang Mayo Uno (KMU) members.
 
At first, the police refused to allow Maricel and Neri to speak to the victim. It was only after they had a heated argument that the police allowed Maricel and Neri to do so for a short time.
 
The team stayed in the area until October 24 to ensure that Saladero would be treated accordingly while in police custody. At around 6:30am on October 24, Saladero was made to board a red Toyota Corrolla with no license plates. He was then transported to a pier in Batangas where he was taken on a ferry to Calapan City.
 
By 10am, another group of QRT was also waiting for Saladero at the court where he would be taken in Calapan City. However, it took the team five hours, instead of the usual travel on a ferry of an hour and 45 minutes, for the police to arrive and to present Saladero in court. It was only around 4pm on October 24, that Saladero and his custodians arrived at the court. He was then taken to the Calapan City Provincial Jail where he is presently detained.
 
While waiting for Saladero, the paralegal of the team tried asking a clerk of the court for documents on the charges that had been filed against him but they were refused citing various reasons.

ADDITIONAL INFORMATION:

Apart from the murder charges, Saladero was also falsely charged with arson and conspiracy to commit rebellion together with 18 other activists for allegedly having been involved in burning a cell site of a telecommunication company in Lemery, Batangas last August 2, 2008. Responsibility for the said incident has already been publicly claimed by a rebel group, the New People's Army (NPA).

Those falsely charged together with him were Nestor Samarita, Noriel Ricafort, Agaton Bautista, Amelito Sto. Tomas, Bayani Cambronero, Antonio Cule, Reynaldo Malaborbor, Alex Arias, Rolando Mingo, Nestor San Jose, Mario Caraig, Yolanda Yaun, Jacquilin Entienza, Romeo Lorca Aguilar, Dina Capetillo, Edmar Fernandez, Isabelo Alicaya, and Rafael Magadia.
 
A certain Arvin Martinez Leviste, a self-proclaimed deep penetrating agent (DPA) of the Philippine Air Force, stood as witness of the case. Leviste claimed that he has been involved with Saladero in NPA activities for a year now.
 
It was only early this month when Saladero found out that his name and photo was among the list in a memorandum order subject to preliminary investigation by the prosecutor's office in Batangas City although the order was dated August 12.
 
Saladero spent most of his time in dealing cases he handles in court at his law office in E. Rodriguez Quezon City. He also regularly met his clients for consultation; thus, the charges filed against him for having been involved in rebel's activities is highly questionable. It is also physically not possible for him to get involved in stressful activities as he has been suffering from a heart ailment and diabetes.

The PLACE, labor center which Saladero is also one of the lawyers, handles around 700 pending cases involving labor, human rights, criminal, civil and administrative cases on a pro-bono basis. These include the high profile cases of farmers in Hacienda Luisita in Tarlac and workers in Nestle Philippines in Calamba, Laguna.

Saladero is the chief legal counsel of Kilusang Mayo Uno (KMU). Saladero and his law firm is also a long time partner of the CTUHR in training and workshops on legal and court system in various parts of the country.

Before the police took custody of Saladero, there have been incidents of overt surveillance conducted at the office of their labour center, PLACE.

On October 2007, a soldier was arrested for spying on the PLACE's office in Quezon City. When taken to the police station, the soldier admitted that he and another companion who had escaped from arrest was carrying out surveillance at the PLACE and that they were on official duty. For details please read: UA-309-2007
 
Saladero was a professor at the Lyceum of the Philippines University and Dominican College, all in Metro Manila. He is also a columnist of the Pinoy Weekly, an online newspaper where he writes about various labor cases in the Philippines.
 
Saladero, a San Beda law graduate, was one of the top 20 board passers when he took the bar examination in 1984.

SUGGESTED ACTION:
Please write letters to the concerned authorities requesting them investigate the allegations that the continued detention and arrest of the victim was arbitrary; and the charges filed against him had no substantial basis. The murder charges against him, if they are proven to be fabricated, must be withdrawn, and he must be released unconditionally.

Also, the charges for arson and conspiracy to commit rebellion against him and 18 other activists must also be thoroughly reviewed. They must also be dropped if found that no substantial evidence to hold them for trial.

Please also be informed that the AHRC is writing letters to the Special Rapporteur on human rights defenders and Working Group on arbitrary detention calling for intervention in this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear _________,

PHILIPPINES: Arbitrary arrest and detention of a labour lawyer; 18 other activists falsely charged

CASE 1:
Name of victim: Atty. Remigio Saladero Jr.; 49 years old; member of the Pro-Labor Legal Assistance Center (PLACE); chief legal counsel for Kilusang Mayo Uno (KMU), an alliance of Trade Unions
Place of incident: at his house in Antipolo City, Rizal province
Date of incident: 23 October 2008 at 1pm
Alleged perpetrators: Policemen attached to the Antipolo City Police Office (ACPO)
Status of the case: He was charged with multiple murders and multiple frustrated murders before the Regional Trial Court (RTC), Branch 40 in Calapan City in Mindoro Oriental. He is presently detained at the Provincial Jail in Calapan City

CASE 2:
Name of victims:
1. Atty. Remigio Saladero Jr.
2. Nestor Samarita
3. Noriel Ricafort
4. Agaton Bautista
5. Amelito Sto. Tomas
6. Bayani Cambronero
7. Antonio Cule
8. Reynaldo Malaborbor
9. Alex Arias
10. Rolando Mingo
11. Nestor San Jose
12. Mario Caraig
13. Yolanda Yaun
14. Jacquilin Entienza
15. Romeo Lorca Aguilar
16. Dina Capetillo
17. Edmar Fernandez
18. Isabelo Alicaya
19. Rafael Magadia
Status of the case: All were charged for arson and conspiracy to commit rebellion for allegedly having been involved in burning a cell site of a telecommunications company in Lemery, Batangas on 2 August 2008

I am to writing to voice my deep concern to the continued arbitrary detention of Atty. Remigio Saladero Jr. after the police unit mentioned above have forcibly took him from his house on 23 October 2008.

Though the police were carrying arrest orders for Saladero's alleged involvement in murder charges, I am deeply concerned over the irregularities in the issuance of the order which raised concerns that he had been arrested over fabricated charges. The name written in the order and the address of a person subject of arrest was different from his.

When the policemen took him from his house, the policeman who first came to serve the order did not properly introduce himself. Instead of introducing himself and his companions to him and their purpose, the first one who approached the victim deliberately wears plainclothes asking the victim who he was; and only after they got confirmation from the victim himself that he was their supposed target did the police came to serve the arrest order.

In this scenario, the policeman have misrepresented themselves and misled the victim into believing they are not members of the security forces, which have taken advantage of the victim's weakness being a lawyer who is often visited and approached by ordinary persons regarding the cases that he handles.

Apart from that, the searches the police have conducted which resulted to the disarray of the Saladero's place and seizure of documents without properly explaining to him the purpose and of presenting orders allowing them to do so, is completely unacceptable and are contradictory on matters on policing regarding gathering of evidence. The police' refusal to allow him, while he was in their custody, to contact and inform his relatives that he was in police custody and of his whereabouts was also condemnable.

He was first taken to the Rizal Provincial Police Headquarters in Antipolo before he was transferred to Camp Vicente Lim in Laguna. On October 24, he was taken to the Regional Trial Court (RTC), Branch 40 in Calapan City in Mindoro Oriental before he was transferred to the provincial jail there where he is presently detained.

It is disappointing that when the paralegals who are helping Saladero's case tried to obtain the court documents regarding the charges filed against him, the court clerk have refused to provide them the copies invoking various reasons. Therefore, it prevented Saladero's family and the group helping his case from immediately learning about the charges filed again him; and of how to effectively help his case.

Apart from the murder charges, I have also learned that Saladero has been charged with arson and conspiracy to commit rebellion together with 18 other activists mentioned above for allegedly burning a cell site of a telecommunications company in 2 August 2008.

I have learned that it was only early this month that Saladero came to know that he was amongst those subjects for investigation even though the preliminary investigation has already order to commence on August 12. I am gravely concerned over the irregularities in inquiry at the prosecutor's office in Batangas province. In doing so, it has prevented once again the victim and his co-accused from making their defense and from being properly informed of the charges filed against them.

I am deeply concerned that the charges filed against Saladero that resulted to his continued arbitrary detention and arrest; and filing of charges to 18 other activists, could have been done to frighten and to prevent them from doing their activities in helping victims of abuses without fear.

For Saladero's part, prior to his arbitrary arrest, the office where he is attached, PLACE, has since been the object of soldier's obvious surveillance. Their office has also represented over 700 pro-bono cases involving labour disputes, complaints involving violation of rights, amongst others. Thus, his arbitrary arrest and detention has effectively prevented him from performing as lawyer and to represent his clients in court cases--which is unacceptable.

Also, to accuse Saladero as having been involved in rebel activities is physically not possible for him given him his poor health condition and of his law practice. He had heart ailment and is also a diabetic. He also had a public life. He also reports to his office regularly, appears in court cases and conduct legal consultations to his clients--this put the claims of him having involved in a rebel group highly questionable.

It is shocking that the lawyers who are representing the poor sectors of the society are themselves targets and are themselves victimized. I therefore urge you to conduct a thorough investigation into the allegations against the policemen and the charges filed against him. If proven that there are no substantial evidence to hold him and his co-accused for trial, their case must be withdrawn.

Yours sincerely,

-------------
PLEASE SEND YOUR LETTERS TO:

1. Mrs. Gloria Macapagal-Arroyo
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80
E-mail: corres@op.gov.ph

2. Ms. Leila De Lima
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chr.delima@yahoo.com or mtm_rodulfo@yahoo.com

3. Deputy Director General Jesus A. Verzosa
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Fax: +63 2724 8763
Tel: +63 2 726 4361/4366/8763
E-mail: bluetree73@gmail.com

4. Mr. Raul Gonzalez
Secretary
Department of Justice (DoJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: raulgonzalez_doj@yahoo.com

5. Mr. Ronaldo V. Puno
Secretary
Department of Interior and Local Government (DILG)
A. Francisco Gold Condominium II
EDSA cor. Mapagmahal St., Diliman
Quezon City
PHILIPPINES
Fax: +63 2 925 0332
Tel: +63 2 925 0330 / 31
E-mail: rvpuno@dilg.gov.ph

6. Mr. Christopher Lock
Court Administrator
Office of the Court Administrator
Supreme Court of the Philippines
New Supreme Court Building Annex
Padre Faura St.,Ermita,
1000 Manila
PHILIPPINES
Tel: +63 2 525 5741 / 521 5133

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-239-2008
Countries :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.