Philippines: Harassment of Lawyers

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA980206
ISSUES: Freedom of expression,

Three lawyers have been harrassed for engaging in a case against the military implicated in the torture and murder of labour leader Rolando Olalia in 1986. The lawyers subject to harassment are Romeo T. Capulong, Marie Yuviengco and Rolando Rico Olalia of the Public Interest Law Centre. They are legal representatives of state witnesses in the case against military officers implicated in the torture and murder of labour leader Rolando Olalia.

BACKGROUND INFORMATION

On 2 February 1998, the Public Interest Law Centre was broken into, and case files protected by lawyer client confidentiality were forced open and searched. The central processing unit of a computer was removed, and one thousand seven hundred pesos in cash were stolen.

Since 13 January 1998, the three lawyers have received telephone calls at home from anonymous callers. The callers have requested information about their movements. In addition, the office has been visited by several suspicious persons purporting to be seeking legal assistance. One of these persons produced an identity card dating from 1967 under the name of a former deceased governor of a province.

Attorney Capalong has also been subjected to surveillance. At midnight on 13 January, a van was seen making passes around his home. This action was repeated at about 9:00p.m. on 2 February. The vehicle on this incident is believed to be a Tamaraw Fx bearing the number plate 347. The tail lights were flashing and three men were seen inside.

All these incidents are believed to be connected to the murder charges filed against several ranking former and current military officers on 12 January 1998 by the three lawyers. All these officers are members of the Reform the Armed Forces Movement (RAM), an organisation that staged a series of coups detat against the Aquino government.

Two former soldiers have recently admitted, in written affidavits, their participation in the murder of Rolando Olalia and his driver Mr Alay-ay. They also identified those who allegedly ordered the torture and murder of Mr Olalia. The RAM has issued a public statement claiming that they will do no harm to the witnesses.

RECOMMENDED ACTION: Please write letters or faxes requesting the following:

1. guarantee the physical and psychological integrity of Romeo T Capulong, Marie Yuviengco and Roland Rico Olalia;

2. put an end to the harassment of the above mentioned lawyers and ensure their ability to carry out their legal functions in all security;

3. carry out a thorough and impartial investigation of the acts described above in order to identify those responsible, bring them to trial and impose upon them the penal, civil and/or administrative sanctions provided by law;

4. urgently adopt appropriate measures to guarantee non-governmental human rights organisations and their members the means to act freely in favour of the defence and promotion of fundamental freedoms enumerated in the Universal Declaration of Human Rights and the international treaties ratified by the Philippines; and

5. more generally conform to the Universal Declaration of Human Rights and the international conventions ratified by the Philippines

SEND APPEALS TO:

H.E. Fidel V. Ramos, President, Malacanang Palace, Manila, Philippines. Fax: (+ 63 2) 832 3793 (via Dept of Foreign Affairs)

General Arnufo Acedera, Chief of Staff, Armed Forces of the Philippines, Camp Emilio Aguinaldo, Quezon City, Philippines. Fax :+ 63 2 911 7783/9117708

Aurora Navarrete-Recina, Chairperson, Commission on Human Rights, IBP Building, Dona Julia Vargas Avenue, Pasig, Metro Manila, Philippines Fax +632 631 6449

Diplomatic representatives of Philippines accredited to your country

SAMPLE LETTER – Please try not to copy

Re: Harassment of Lawyers

We hope that the government will put an end to the harassment of Romeo T. Capulong, Marie Yuviengco and Roland Rico Olalia and ensure their ability to carry out their legal functions as lawyers in all security. The lawyers are legal representatives of state witnesses in the case against military officers implicated in the torture and murder of labour leader Rolando Olalia in 1986.

On 2 February 1998, the Public Interest Law Centre was broken into, case files were forced open and searched, the central processing unit of a computer was removed, and one thousand seven hundred pesos in cash were stolen. We request a thorough and impartial investigation of their harassment and in order to identify those responsible, bring them to trial and impose upon them the penal, civil and/or administrative sanctions provided by law.

We urge the government to adopt appropriate measures to guarantee non-governmental human rights organisations and their members the means to act freely in favour of the defence and promotion of fundamental freedoms enumerated in the Universal Declaration of Human Rights and the international treaties ratified by the Philippines.

The Philippines should conform to the Universal Declaration of Human Rights and the international conventions ratified by the Philippines. The physical and psychological integrity of the lawyers engaged in human rights should be respected.

Document Type : Urgent Appeal Case
Document ID : UA980206
Countries : Philippines,
Issues : Freedom of expression,