PHILIPPINES: An appeal to the Supreme Court on plot to kill an activist 

Dear friends,

Further to our earlier appeal about the plot to kill human rights defender Temogen “Cocoy” Tulawie, the Asian Human Rights Commission (AHRC) urges you to write to the Supreme Court of the Philippines requesting that they urgently act on Tulawie’s petition to reconsider its decision to transfer him from Davao City jail to Manila.

UPDATED INFORMATION: (Based on information from the Task Force Detainees of the Philippines (TFDP) and other sources)

As mentioned in our earlier appeal (AHRC-UAU-031-2012), we raised serious concerns as to the security and safety of Temogen “Cocoy” Tulawie, a human rights defender who is being prosecuted over fabricated charges, once the First Division of the Supreme Court (SC), is unable to promptly conclude his petition to reconsider its new order to transfer the trial of the murder case from Davao City to Manila.

We already mentioned that Judge Virginia Holifena-Europa, the presiding judge of the Regional Trial Court (RTC), Branch 11, in Davao City, has given Tulawie only until tomorrow, September 28, to secure a decision from the SC in his favor; otherwise, the new order would have to be implemented by the local court. This is serious since the RTC has already postponed the hearing last September 19 to 21, 2012 of Tulawie’s petition for bail.

The SC’s new order and the RTC’s postponement would mean an even further delay in the progress in trial of his case and that he will have to endure further risk to his life inside the jail. The plot to kill Tulawie is serious; however, despite this plot being known to people in the detention facility where he would be transferred, we are not aware of any arrangement to ensure his protection. This plot is very serious since custodial and suspicious deaths inside Philippines jails is a very common phenomenon.

The prisoners and jail officers were informed of this plot and this was, in fact, a ground on which Tulawie’s petition was filed on September 21 asking for the SC to reconsider its new order. However, it appears that no action had been taken by the government to ensure his security. Tulawie had to be advised by his own colleagues to be cautious. The blatant lack of protection despite knowing the plot on his life even before he is transferred to Manila is shocking.

Yesterday the AHRC wrote to Ms. Ma. Lourdes Sereno, the newly appointed chief justice of the Supreme Court, asking for her intervention to ensure that Tulawie’s appeal is acted upon promptly.

In our appeal, we urged the SC to also protect the independence of its local courts as it upholds the Constitutional rights of both the complainants and the accused to a fair and speedy trial;

” We are of the opinion that the Regional Trial Court in Davao City is competent and could impartially deal with this case according to law; however, we could not understand why the trial of this case would have to be transferred to another court, again. We strongly argue that there is no other logical reason by the complainants in asking for the transfer than to deliberately delay the proceedings of this case. If the Court agrees to the complainant’s reasoning by not reversing this new decision, it would effectively imply that the SC itself cast doubts on the independence of its own courts in Davao City.

Therefore, we urge the SC that it should also, by protecting the Constitutional and Statutory rights to Speedy Trial of cases by the accused and of the complainants, protect the independence and impartiality of its own courts. We understand that since the Tulawie was detained in January 13, 2012 as we speak, there is no substantial progress in terms of the trial on the substance and merits of his case due to delay. “

And, we also express concern that should the SC fails to prevent the materialization of this plot it would have an irreversible impact on the court system. Thus, it must also uphold the court’s juridical authority in adjudication of cases;

“Also, we are gravely concerned about the safety and security of Tulawie once his transfer is completed. We have just been informed of the plot allegedly by the complainant, Governor Tan, to kill the accused once he is transferred from Davao City to Manila. It has been alleged that the complainant had contracted notorious Abu Sayyaf suspects currently detained at Camp Bagong Diwa, Bicutan, Taguig, to carry out the murder. This plot to murder him is already known inside. Tulawie had to be advised to distance himself from other inmates in Bicutan should be transferred.

We therefore urge the SC to use its authority to reconsider the order for transfer of the trial of the case from Davao City to Manila; and he be allowed to stay at the Davao City jail to ensure his safety and security. Needless to say, should the plot to murder the accused is not prevented; it would have irreversible consequence on the role of the courts as it also deprives the court its juridical authority to adjudicate the case.”

SUGGESTED ACTION:
Please write letters to the concerned government agencies below asking for their immediate intervention in this case.

The AHRC is also writing a separate letter to the Special Rapporteur on the situation of human rights defenders.

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