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UPDATE (Philippines): Police charged for violently dispersing teachers holding peaceful demonstration

November 23, 2007

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

23 November 2007

[RE: UA-300-2007: PHILIPPINES: No action against policemen who attack teachers in dispersing their peaceful demonstration]
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UP-159-2007: PHILIPPINES: Police charged for violently dispersing teachers holding peaceful demonstration

PHILIPPINES: Denial of freedom of expression & assembly; police assault
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that charges have been filed against the policemen involved in violently dispersing a group of public school teachers holding a peaceful demonstration in Manila. They were charged with criminal offenses by the Commission on Human Rights (CHR) and the Office of the Prosecutor in Manila on October 17 and November 19 respectively.

UPDATED INFORMATION: (Based on the information from one of the complainants)

As mentioned in our previous appeal (UA-300-2007), the teachers were peacefully demonstrating to mark the World Teachers Day on October 5 when the policemen attached to the Station 5 of the Manila Police District (MPD) attacked them. The policemen were headed by Chief Superintendent Rogelio (not Roberto as earlier mentioned) Rosales (a.k.a. Jojo), the Station's commander.

On October 17, the complainants, namely James Pagaduan, Fidel Fababier, Veronica Cabe, Evelia Sator, Geraldine Gutierrez, Lourdes Calaguas and Jane Farinas, filed charges of police brutality and physical injuries, against Chief Superintendent Rosales and several other policemen involved with the Commission on Human Rights (CHR) in Quezon City. They also sought redress for violation of their rights to peaceably assemble and to freedom of expression (for demonstrations, see photo 1 and photo 2)

Others whose names could not be immediately identified are described as John Does in the complaint. They are members of the Special Weapon and Army Tactics (Swat) team and civilian intelligence agents who also took part in violently dispersing the victims. Their names could not be identified at the time because they were not wearing nametags during the incident, but the victims say that they could recognize them if they see them again.

Apart from the charges they have filed at the CHR, on November 19, the victims also filed criminal complaints against the same policemen with the Office of the Prosecutor in Manila. The prosecutor had already accepted their complaint. Once the prosecutor finds probable cause that the policemen can be held criminally liable, the case will be transmitted to the appropriate court who would hear the case.

At the prosecutor's office, the victims charged the policemen for violating the provisions of Public Assembly Act of 1985 (the Batas Pambansa 880), which regulates public demonstrations. It may be recalled that the victims had already complied with the law, particularly in applying for necessary permits and informing the local government of their activity. Regardless, the police nevertheless attacked and violently dispersed them. The victims also charged the policemen with causing physical injuries and oral defamation.

As mentioned in our previous appeal, even though Plaza Zalamanca, where the victims held demonstrations, had already been designated as Freedom Park, the organizers applied for the necessary permit. It should have not been necessary for them to do so but they applied anyway so as to prevent possible confrontations with the police. The policemen in Manila often routinely use excessive and brute force in dispersing demonstrations. The law requires the local government to act on the application within two working days from the date of filing. In this case, they failed to act on the application, and it should have been deemed to have been approved.

It is also learned that even though the victims have properly informed the Department of Education (DepEd) of the said incident, they have not taken any action. No interventions were taken by them that would have ensured the welfare of their public school teachers, particularly by assisting them in their complaint in seeking redress to their grievances. The teachers have not received any replies from the DepEd on their concerns.

Also, there has not been any information from the CHR since they filed their complaint as to when it would be able to complete their investigation or when the hearing of their complaints takes place.

SUGGESTED LETTER:
Please write letters to the concerned authorities requesting them to ensure that the complaints the victims have filed with the CHR and the prosecutor's office are immediately resolved and adequately acted upon. They must also afford necessary assistance to these teachers, particularly affording them legal aid in pursuit of their complaints.

To support this appeal, please click here:

Sample letter:

Dear ____________,

PHILIPPINES: Police charged for violently dispersing teachers holding peaceful demonstration

Name of victims: Several public school teachers from seven provinces and six cities in Luzon and Metro Manila
Name of alleged perpetrators: Chief Superintendent Rogelio Rosales, commander of the Station 5 of the Manila Police District (MPD) and head of the dispersal unit; one Police Officer Viray, and several policemen attached to the MPD
Date of incident: 5 October 2007
Place of incident: Plaza Zalamanca, Taft Avenue, Manila

I am writing regarding the case of teachers violently dispersed by policemen on October 5 in Manila. As you are aware, the teachers have complied with the provision of the Public Assembly Act (BP 880), particularly of securing permits and informing the local government of their activities prior to their demonstration, but the policemen whose names and units are mentioned above nevertheless violently dispersed them.

I have learned that these teachers have already filed charges for criminal offenses with the Commission on Human Rights (CHR) in Quezon City and the Office of the Prosecutor in Manila on October 17 and November 19 respectively. At the CHR, the policemen were charged for physical injuries and for violating the victims' rights to peaceful assembly and freedom of expression. At the prosecutor's office, the policemen were charged for violation of the provisions of the BP 880. They also charged them for physical injuries and oral defamation.

While I welcome this development, I am deeply concerned that unless their complaints are immediately and adequately acted upon this would have little meaning for the victims. As you are aware, in our experience delays in adjudication of cases by the CHR and the prosecutor's office have long been endemic. Victims of human rights violations have routinely been deprived immediate redress. These delays in handling complaint have often resulted to victims showing lack of interest in pursuing their case. Apart from enduring lengthy period in trial, they too have to endure huge legal expenses.

I presume that you are aware of how difficult it would be for victims once their complaint drags on without any progress. For instance, in this case, their complaint have been filed with the CHR over a month ago, but no schedule for hearing have so far been set. The victims are also not informed when they could complete their investigation. There is also no information of any action taken against the policemen involved, if there is any, in this case.

I therefore urge you to ensure that the victims' complaints are resolve by the CHR and the prosecutor's office without further delay. Once it is proven that the policemen involved committed violations, and violated the rights of these teachers when they violently dispersed their peaceful demonstrations, they must be held to account. Immediate sanctions must also be imposed on them to ensure impartiality of the investigation.

Finally, I also urge you to ensure that adequate assistance is afforded to the victims and the complainants, particularly of affording them legal aid in pursuing their case.

I trust that you take immediate action in this case.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mrs. Gloria Macapagal-Arroyo
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80

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

3. Deputy Director General Avelino Razon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2 726 4361/4366/8763
Fax: +63 2724 8763
E-mail: bluetree73@gmail.com

4. Mr. Raul Gonzalez
Secretary
Department of Justice (DoJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Tel: +63 2 523 8481
Fax: +63 2 521 1614
E-mail: agnesdeva@yahoo.com

5. Mr Jesli A. Lapus
Secretary
Department of Eduction (DepEd)
DepEd Complex, Meralco Avenue
Ulra complex, Pasig City
Metro Manila
PHILIPPINES
Tel: +63 2 632 1361 to 71

6. Mr. Ambeyi Ligabo
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9177
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR FREEDOM OF EXPRESSION)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type :
Urgent Appeal Update
Document ID :
UP-159-2007
Countries :
Issues :
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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.