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UPDATE (Philippines): Court commences trial of three men due to pressure following frequent postponement

September 8, 2005

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal
9 September 2005

[Re: UA-74-2005: Trial of three men yet to begin after three years; UP-78-2005: Delay in trial due to possible neglect by the court and prosecutor]
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UP-108-2005: PHILIPPINES: Court commences trial of three men due to pressure following frequent postponement

PHILIPPINES: Human rights defenders; Torture; Government inaction
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Dear friends,

The Asian Human Rights Commission (AHRC) is pleased to inform you that the case of three men whose trial has been delayed for years due to frequent postponement in General Santos City, Mindanao, Philippines, has been heard and scheduled for succeeding hearings before a local court. On 28 July 2005, the relatives of three men were notified that court would conduct the hearing on 9 August 2005. The court earlier ruled to transfer the case from Branch III to Branch I of the Municipal Trial Court in Cities (MTCC) where there is presiding judge. It was frequently postponed because there was no judge at MTCC Branch III. The three men were charge with illegal possession of firearms at the MTCC Branch I. The new presiding judge commenced the trial and scheduled the next hearing for 25 October 2005.

A reliable source said that the local court acted to hasten the trial due to pressure employed on them outside of the Philippines. Even though the case is showing progress, there is still a need to regularly monitor how the local court is dealing with it to ensure a speedy trial. The court should also afford similar treatment and speedy trial to another case of illegal possession of explosives the three men are facing before the Regional Trial Court (RTC) Branch 35. Please visit our previous appeals regarding the background of this case: UA-74-2005 and UP-78-2005.

Although the local court acted to hear the case, we have not recieved any response to our previous appeals to look into allegations of illegal arrest and detention and torture committed by elements of the General Santos City Police Office (GSCPO), in particular the policemen at the Pendatun Police Station (PP 1), towards victims Jejhon Macalinsal, Aron Salah and Abubakar Amilhasan. A reliable source disclosed that Macalinsal was spitting blood at the time of his arrest on 24 April 2002 due to police beatings. Although Macalinsal has a medical certificate to prove his complaint, the allegations of torture have not been investigated.

Therefore, we request your intervention to ask the presiding judge of both the Municipal Trial Court in City (MTCC) Branch I and Regional Trial Court (RTC) Branch 35 in General Santos City, Mindanao, to look into the allegations of illegal arrest and detention and torture. Please also request the regional office of the Commission on Human Rights (CHR) in General Santos City, Mindanao to investigate such allegations. It is essential that this matter is looked into because it may have implications in the case filed against the men in court. If the allegations are proven true, the policemen involved must be prosecuted.

Finally, please ask the Philippine government to consider as a priority the enactment of the proposed law against torture pending at the Philippine Congress and Senate as provided in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), of which it is state party. The Philippine government also prohibits the use of torture under Section 12 (2) Article III, Bill of Rights of the 1987 Philippine Constitution.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)

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Suggested letter:

Dear __________,

Re: PHILIPPINES: Court commences trial of three men due to pressure following frequent postponement

I am writing to draw your attention to the case of Jejhon Macalinsal, Aron Salah and Abubakar Amilhasan who were victims of illegal arrest, detention and torture following their arrest on 24 April 2002. I would like to express my appreciation to the gesture of the Municipal Trial Court in Cities (MTCC) Branch I in General Santos City, Mindanao, to preside over the hearing of the case to prevent further delays.

However, although the court's efforts are laudable, I have learned that there are some concerns that have not been acted upon. I am aware that the allegations of illegal arrest, detention and torture of the three men have not been investigated. The alleged perpetrators involved, the General Santos City Police Office (GSCPO and in particular the Pendatun Police Station (PP1), have not been placed under investigation.

I am also aware that the three men, in particular Jejhon Macalinsal, have not been afforded any indemnification or assistance since the time of incident. Likewise I have not heard of any action taken regarding their allegations in prosecuting the alleged perpetrators. I was also informed that the local court, in particular the MTCC Branch I and RTC Branch 35 have not looked into the allegations.

I am also aware the regional office of the Commission on Human Rights (CHR) in General Santos City has yet to act on the said allegation of torture, despite the significant time that has now passed. Even though the practice of torture is prohibited under Section 12 (2), Article III, Bill of Rights of the 1987 Philippine Constitution, such practice continues today. I am deeply concerned by such practice in your country, of which most of the victims are left persecuted and unattended to.

Therefore, I urge your office to take appropriate steps to initiate an investigation into the allegations of the three men against the General Santos City Police Office (GSCPO), and in particular the Pendatun Police station. If the allegations are proven true, the policemen involved must be prosecuted. Immediate sanctions must also be imposed on them once the investigation commences.

Finally, I urge the Philippine government to consider as a priority the enactment of the proposed law against torture pending in Philippine Congress and Senate. It is the government's obligation to initiate local legislation to criminalise torture in accordance with the provisions of the Convention against Torture (CAT), of which the Philippine government is a state party.

I trust that you will take action in this case.

Respectfully yours,


_______________

PLEASE SEND LETTERS TO:

1. Mrs. Marie Ellengrid Baliguat
The Presiding Judge
Municipal Trial Court in Cities(MTC) Branch I
Hall of Justice, Barangay Lagao
9500 General Santos City
PHILIPPINES
Tel. No.: +63 83 302-3912

2. Mr. Oscar Noel
The Presiding Judge
Regional Trial Court (RTC) Branch 35
Hall of Justice, Barangay Lagao
9500 General Santos City
PHILIPPINES
Tel. No.: +63 83 301-2110

3. Ms. Rosalinda Tolosa
Regional Director
Commission on Human Rights (CHR)
Sy Compound, Leon Lldio Street
Barangay Lagao
9500 General Santos City
PHILIPPINES
Tel/Fax: +63 83 553-8887
Cotabato City extension Office
Tel: +63 64 482-0384 / +63 64 421-6307


PLEASE SEND COPIES TO:

1. Ms. Gloria Macapagal Arroyo
President
Republic of the Philippines
Malacanang Palace
J.P. Laurel St., San Miguel, Manila
NCR 1005
PHILIPPINES
Fax: +632 2929 3968
Email: pgma@compass.com.ph or opnet@ops.gov.ph

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

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

4. Evelyn T. Dumdum
The Program Director
Office of the Program Management (OPM)
Action Program for Judicial Reform (APJR)
New Supreme Court Building Annex Padre Faura St., Ermita,
1000 Manila
PHILIPPINES
Tel. No.: +632 552 9578
Fax: +632 552-9586/

5. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)

6. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Room: 3-060, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Update
Document ID :
UP-108-2005
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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.