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PHILIPPINES: A person detained over 2 years without trial due to prosecutor's misconduct

April 22, 2005

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

22 April 2005
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UA-66-2005: PHILIPPINES: A person detained over 2 years without trial due to prosecutor's misconduct

PHILIPPINES: Prolonged detention; Prosecutor's negligence; Right of liberty
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Task Force Detainees of the Philippines (TFDP) - Mindanao about a man named Pegie Boquecosa (24) who has been detained more than two and a half years without trial since his arrest on 11 September 2002 due to deliberate negligence of the prosecutor. He is currently detained at the provincial jail in Alabel, Sarangani.

Under Rules of Court, Rule 112, Section 3(f) of the Revised Rules of the Criminal Procedure, the prosecutors are mandated to resolve a case within ten days after the preliminary investigation is completed. Otherwise, the case should be dismissed and the respondent should be released if detained.

The prosecutor's inaction in this case has resulted in the prolonged detention of Boquecosa and the deprivation of his right to liberty and a speedy trial. The Government of Philippines must not allow members of the judicial system to exploit or blame the 'lack of sufficient staff and heavy caseloads of prosecutors' to justify their failure to perform their duties.

It is also reported that Mr. Barcelona failed to comply with the notice from the Department of Justice (DOJ) Assistant Chief State Prosecutor on 23 August 2004 to take immediate action to resolve Boquecosa's case.

We urge you to pressure the Government of Philippines, in particular, the DOJ, for the speedy disposition of Boquecosa case. Please also urge them to undertake necessary sanctions against the concerned prosecutor.

Urgent Appeals Desk
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: Pegie Boquecosa (24), suspected of being a member of the New People's Army (NPA), presently detained at the Provincial Jail in Alabel, Sarangani, Mindanao, Philippines
Place/Date of arrest: Barangay Colon, Maasim, Sarangani on 11 September 2002
Prosecutor dealing with this case: Mr. Alfredo Barcelona Jr., Provincial Prosecutor in Alabel, Sarangani
Case status: illegally detained for more than two and a half years due to prosecutor's negligence.

Case details:

Pegie Boquecosa (24), an alleged member of the New People's Army (NPA), was arrested by joint police and military forces, composed of the 7th Special Forces, Philippine Army, Sarangani Provincial Mobile Group and Police Regional Office 12 in Barangay Colon, Maasim, Saranggani Provincem on 11 September 2002. Boquecosa was arrested for charges of robbery with violence, robbery, multiple frustrated murder and triple murder, which were related to his alleged involvement with NPA, and his case was filed before the Municipal Trial Court (MTC) in Maasim, Sarangani. Boquecosa's case was sent to the Office of the Provincial Prosecutor in Alabel, Sarangani by the MTC and a provincial prosecutor Alfredo Barcelona Jr. was assigned to handle the case.

The Rules of Court, Rule 112, Section 3 (f) states that a prosecutor must resolve the case within ten days after preliminary investigation is completed. However, Mr. Barcelona did not resolve Boquecosa's case for several months despite the completion of preliminary investigation on this case.

Task Force Detainees of the Philippines (TFDP)-Mindanao reported that they repeatedly visited Mr. Barcelona's office urging him to speed up the case but he simply ignored it. On 30 July 2003, TFDP was told that Mr. Barcelona was in the process of working on the case. However, when TFDP followed up the case six months later, they found that Boquecosa's case was still pending at the prosecutor's office. The prosecutor's office told the TFDP staff that the delay of the case was due to the prosecutor's heavy caseloads and lack of staff.

TFDP then reported the delay and the failure of Prosecutor Barcelona to resolve Boquecosa's case to Mr. Jovencito Zunio, the Chief State Prosecutor of the Department of Justice (DOJ) in Manila. On 6 May 2004, Mr. Zunio sent a letter to Mr. Barcelona ordering him to take action and resolve Boquecosa's case within 10 days. However, even after ten days, no action was taken to dispose Boquecosa's case immediately in violation of Chief State Prosecutor's order.

In July 2004, TFDP sent another letter to Chief State Prosecutor Zunio regarding Barcelona's failure to comply with his notice to dispose Boquecosa's case. Similar letters were sent to the President Gloria Arroyo and Ms. Teresita Quintos-Deles, the Presidential Adviser on the Peace Process.

On 23 August 2004, Miguel Gudio Jr., Assistant Chief State Prosecutor, sent another letter to Mr. Barcelona notifying him to take immediate action to resolve Boquecosa's.

However, Prosecutor Barcelona has failed to comply with the several notices from DOJ. As of 21 February 2005, Mr. Barcelona has not resolved Boquecosa's case.

In the meantime, Boquecosa has been detained at the Provincial Jail in Alabel, Sarangani, Mindanao for more than two and a half years without trial.

SUGGESTED ACTION:
Please send a letter, fax or email to the relevant authorities addressed below to urge the prosecutor to resolve Boquecosa's case immediately in accordance with the notice from Chief State Prosecutor. Please also urge them to take action against the prosecutor Barcelona.

Sample letter:

Dear __________,

Re: PHILIPPINES: A person detained over 2 years without trial due to prosecutor's misconduct

Name of the victim: Pegie Boquecosa (24), suspected of being a member of the New People's Army (NPA), presently detained at the Provincial Jail in Alabel, Sarangani, Mindanao, Philippines
Place/Date of arrest: Barangay Colon, Maasim, Sarangani on 11 September 2002
Prosecutor dealing with this case: Mr. Alfredo Barcelona Jr., Provincial Prosecutor in Alabel, Sarangani
Case status: illegally detained for more than two and a half years due to prosecutor's negligence to resolve his case.

I am deeply concerned by the prolonged detention of Pegie Boquecosa (24) since his arrest on 11 September 2002. He is currently detained at the Sarangani Provincial Jail, Alabel, Sarangani. He was arrested for charges relating to his alleged involvement with the New Peoples Army (NPA).

According to the information I have received, Prosecutor Alfredo Barcelona Jr. who is in charge of handling Boquecosa's case, has not resolved the case despite the completion of the preliminary investigation. Mr. Barcelona's act is in clear violation of Rules of Court, Rule 112, Section 3 (f), which states that the prosecutor must determine whether the case goes to trial within 10 days after the preliminary investigation is completed.

More seriously, Mr. Barcelona has failed to comply with the notices from the Chief State Prosecutor on 6 May 2004 for early disposition of Boquecosa's case. He also ignored another notice from Assistant Chief State Prosecutor on 23 August 2004 for immediate resolution of the case. As a result, Boquecosa has been detained for more than two and a half years without trial.

The actions displayed by Prosecutor Barcelona in Boquecosa's case undermines the Rules of Court and is a gross misconduct of duty as a public official. His deliberate negligence in this case deprived Boquecosa's right to liberty and the right to speedy trial as provided in the 1987 Philippine Constitution.

Under the circumstances, I strongly urge you to take immediate action to resolve Boquecosa's case in accordance with the notice from the Department of Justice (DOJ). I also urge you to take action against the concerned prosecutor, Mr. Barcelona. The DOJ must conduct a judicial inquiry into Mr. Barcelona's failure to implement DOJ's notices so that disciplinary/administrative sanctions are meted for such negligence.

I look for your urgent intervention in this matter.

Respectfully yours,

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SEND A LETTER TO:

1. Ms. Gloria Macapagal Arroyo
President of the Republic of the Philippines
Malacanang Palace
J.P. Laurel St., San Miguel
Manila, NCR 1005 Philippines
Fax: +63229293968
Email: pgma@compass.com.ph or opnet@ops.gov.ph

2. Mr. Raul Gonzales
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila, Philippines
Fax: +6325211614
Email: sechbp@infocom.com.ph

3. Secretary Teresita Quintos-Deles
Presidential Adviser on the Peace Process
7/F, Agustin Bldg., Emerald Avenue
Ortigas Complex, Pasig City
Philippines
Tel: +63 2 636-0701 to 06 and 636-3801 to 06
Fax No. +63 2 631-1614 and 635-4053

4. Mr. Purificacion Quisumbing
Commissioner
Commission on Human Rights (CHR)
SAAC Bldg., Commonwealth Ave.
U.P. Complex, Diliman, Quezon City
PHILIPPINES
Tel: +63 2 928-5655/926-6188
Fax: +63 2 929-0102
Email: drpvq@chr.gov.ph

5. Jovencito R. Zuno
Chief State Prosecutor
Department of Justice (DOJ)
DOJ Bldg., Padre Faura Street
1004 Manila
Philippines
Direct line: +63 2 525-0952
Trunk line: +63 2 523-8481 locals 219; 218
Telefax: + 63 2 525-0952
E-mail: jrz@doj.gov.ph

6. Ms. Manuela Carmema Castrillo
Working Group on Arbitrary Detention
OHCHR-UNOG
1211 Geneva 10
Switzerland
Fax: +41229179006

7. Mr. Leandro Despouy
Special Representative on the Independence of Judges and Lawyers
OHCHR-UNOG, Palais Wilson
Rue de Paquis 52, Geneva
Switzerland
Fax: +41 22 9179006

SEND A COPY TO:

Mr. Alfredo L. Barcelona, Jr.
Provincial Prosecutor of Saranggani
Hall of Justice, Capitol Compound,
Alabel, Saranggani Province
9501 Philippines

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-66-2005
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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.