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PHILIPPINES: Ombudsman pledges to resolve Abadilla Five's torture complaint in a week

January 5, 2011

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-002-2011

5 January 2011

[RE: AHRC-UAU-037-2010: PHILIPPINES: Abadilla Five to appeal Supreme Court's affirmation of guilty verdict]
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PHILIPPINES: Ombudsman pledges to resolve Abadilla Five's torture complaint in a week

ISSUES: Torture; judicial system; administration of justice
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Abadilla 5: jailed for a decade without justice
http://campaigns.ahrchk.net/abadilla5/

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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that Merceditas Gutierrez, head of the Office of the Ombudsman, has pledged to resolve the complaint of torture of the Abadilla Five that has been pending in their office since January 2003 "in a week".

UPDATED INFORMATION:

On January 3, 2011, the family members of the Abadilla Five: Marilou Lumanog, Cherelyn de Jesus, Melanie de Jesus and Lolita San Felipe renewed their protest outside the head office of the Office of the Ombudsman in Quezon City. They were accompanied by Fr. Roberto Reyes, an associate of the AHRC in the Philippines.

It was during this protest that Merceditas Gutierrez made her pledge. In this report, she was quoted to have said: "I will have it (the torture case) expedited. In a week, we would finish it". The family members had been holding regular protests at the Ombudsman's office demanding that they act on the complaint at once.

In January 8, 2009, they also held a similar protest at the same office on similar demands. The complaint the relatives demanded that they take action in Case No. OMB-P-C-041269/CLP-C-04-1965 (“CHR, et al. vs. S/Supt. Romulo Sales et al”) that has been pending since January 2003. It was Gutierrez, who was the former Secretary of Justice when the case was endorsed to the Ombudsman, who herself had recommended the prosecution of the policemen involved.

The AHRC has repeatedly asked the Ombudsman, particularly the office of the Military and Other Law Enforcement Office (MOLEO) under Emilio Gonzalez, to conclude their investigation that has been long overdue. Under the law, only when the Ombudsman recommends the prosecution of the case can the perpetrators be prosecuted in court. Yet not a single case has been filed in court against the policemen.

In our Open Letter (AHRC-OLT-001-2009), we have already expressed disappointment at the Ombudsman's failure to resolve the torture complaint. However, we are not aware of any action taken by the Ombudsman on this case. The Commission on Human Rights (CHR), during the term of Leila De Lima, has also pledged to follow up the progress of the case with the Ombudsman; however, once again we are not aware as to whether they have actually taken action.

The AHRC's sister organization, the Asian Legal Resource Center (ALRC), has reported this delay in concluding the victims' torture complaint in its Alternative Report to the United Nations Committee Against Torture (CAT) in April 2009.

The AHRC urges Gutierrez and her subordinates to take responsibility for their pledge.

ADDITIONAL INFORMATION:

On October 8, 2010 two of the Abadilla Five, Lenido Lumanog and Augusto Santos, already filed their final motion for reconsideration to the Supreme Court's (SC) affirmation of their conviction on September 7, 2010 (AHRC-UAU-037-2010). The full text of this final appeal is here.

On December 21, 2010 the AHRC had also expressed concern to the uneven application of jurisprudence by the SC when it affirmed the conviction of the Abadilla Five, but acquitted the accused of another controversial case, the Vizconde massacre, on the same principles of positive identification and defense of alibi.

The details of this case analysis can be read at AHRC-STM-266-2010. This was also reported by the local media.


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-002-2011
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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.