PHILIPPINES: Obvious surveillance on a legal aid office for workers continuing

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of the renewed surveillance being carried out on a legal aid office for workers and labour organizations. Staff members of the Prolabor Legal Assistance Center (PLACE), has again noticed the suspicious movements of unknown persons immediately outside their office that began in October 16. It is the latest incident in which they have seen persons are keeping them under observation. In October 2006, a soldier was held for questioning for tailing persons coming to their office. On another occasion a person also attempted to break into their office.

CASE DETAILS: (Based on the information from the Center for Trade Union and Human Rights (CTUHR))

It was in the afternoon of October 16 when five unknown men, described as having bulging waists, were seen apparently spying on the office of the Prolabor Legal Assistance Center (PLACE) located at No. 33B, E. Rodriguez Avenue, Quezon City. One of them was seen speaking into a microphone which was attached to his collar while others were keenly observing the office.

They positioned themselves across the street near a small retail store from the apartment building where the office of PLACE is located. They continued their observation and did not leave there until the following morning. On October 17, another group of four men arrived. At around 3pm, two of them were seen sketching the façade of the office vicinity while the other men were seen surveying the area. Their presence had also alarmed the other occupants of the vicinity.

One of the men seen spying on was said to be the same person who had attempted to break in into their office sometime in October 2006. He was identified by the witnesses and staff members by his physical appearance. It was also during that month when a soldier, Corporal Romel F. Santiago of the Philippine Army, was held for questioning for tailing workers and labour leaders coming to the PLACE office. Santiago’s companion was able to elude arrest. Santiago was briefly detained at the Taguig City Police Station. He was released after the police officers were reportedly instructed by an unnamed Inspector General who ordered them to release him. Before Santiago was released though, he admitted to the police that he had been instructed to conduct surveillance on the PLACE office.

One of the witnesses to the recent incident, told the staff members: “Maraming nag-aabang sa opis nyo, dapat tanghali pa sasabihin ko na kaya lang baka ako mahalata” (There were many men watching at your office, I could have told you at midday but I was afraid they might have noticed me). The witness, whose name is withheld for safety reasons, had only informed them in the evening of October 17.

The group remained in the area until the third day, October 18. Two of them were also seen carrying firearms tucked in their waists bands. They are described as about 30 to 40 years of age, dark-skinned and slender. They were seen closely observing the movements of staff members and people coming in and out of the office.

In one instance, one of them was alerted when one of the staff members of PLACE went out to buy cassava cake at a store close to where they are positioned. For about an hour, one of them was seen using his mobile phone. Their presence in the area also caught the attention of other occupants in the vicinity and it prompted one of the occupants to approach them. When asked of their purpose for staying there, surprisingly one of them admitted they were indeed intelligence agents. They, however, claimed that they are watching a gas station thereby suggesting that they were not targeting PLACE. The gas station is located few meters away from the PLACE. However, their gestures and movements left no doubt that it the PLACE office they were watching.

In the afternoon of October 18, one of the PLACE’s staff members was awaiting for a passenger utility jeep going towards the direction of Cubao. Surprisingly, one of those men seen spying on them came and stood close to them. He was overhead speaking to his microphone attached to his collar mentioning the place of “Cubao” where the staff members were heading to.

As of October 25, two men were still seen positioning themselves in the area apparently conducting continuous surveillance. It was noticed that the men are being rotated one after the other.

BACKGROUND INFORMATION:

The renewed surveillance on PLACE’s office took place the same day when they received a letter from the government regarding their petition with the Supreme Court of the Philippines to nullify the Human Security Act of 2007. PLACE and the CTUHR were legal counsels to the said petition. The content of the letter was not mentioned.

The CTUHR believes the overt surveillance is intended to harass and intimidate not only the PLACE’ lawyers and staff members, but also the clients they are representing in numerous labour dispute cases. Their clients are mostly union leaders, workers who are illegally dismissed from their jobs, urban poor villagers who were forcibly demolished from their dwellings, amongst others.

When Santiago was held for questioning in October 2006 for tailing on the workers and union leaders of the FTI (Food Terminal Inc) from Taguig City to Metro Manila, they had just finished their meeting with lawyers at the PLACE office. It was the FTI security guards who had him arrested after they noticed he was following them. Santiago was on official duty at the time. Although he admitted to the police he was conducting surveillance on the PLACE office, he claimed that following the FTI workers was a mistake.

On 6 November 2006, three lawyers from the PLACE filed a complaint at the head office of the Commission on Human Rights (CHR) requesting them to conduct a thorough investigation into the surveillance incident. However, no substantial progress has been taken so far.  When the CHR called for a hearing in January, no representatives from the Philippine National Police (PNP), particularly from Taguig Police, appeared. Santiago also did not appear during the said hearing. The PNP, however, claimed having not properly informed of the hearing.

On January 9, Santiago submitted his counter-affidavit contradicting his earlier statements given to Taguig City police. No further investigation had been conducted on this despite the numerous inconsistencies of his statements, the entry of police blotters, and the testimonies of complainants and witnesses. The complaint against Santiago remains pending at the CHR.

SUGGESTED ACTION:
Please write letters to the authorities demanding for their immediate action into the continuous overt surveillance made of the legal aid office. The pending complaints with the Commission on Human Rights (CHR) of the Philippines on similar surveillance incidents against a soldier must also be resolved without delay.

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