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UPDATE (PHILIPPINES): Rolando Pagdayawon has been granted reprieve by President

August 29, 2002

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

30 August 2002
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UP-55-2002 (FA-10-2002: Urgent action for Rolando Pagdayawon)

UPDATE (PHILIPPINES): Rolando Pagdayawon has been granted reprieve by President
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Dear Friends,

We have been informed that the President of the Philippines, Gloria Macapagal-Arroyo has decided to reprieve for 90 days the execution of Mr. Rolando Pagdayawon, who was previously scheduled to be executed on 30 August, and two other men who were both to be executed in September.

We welcome the President's decision and urge her to grant further reprieve to all other criminals under sentence of death, and support the move to abolish the death penalty in the Philippines.

Meanwhile, we are forwarding you the following appeal from Amnesty International (AI), regarding Rolando's case. AI is requesting you to take further action against the death penalty. Please follow up their request.

If you want to see our previous forwarded appeal on this matter, please visit http://www.ahrchk.net/ua/mainfile.php/2002/292/

Thank you for your continuous action.


Urgent Appeals Desk
Asian Human Rights Commission

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PUBLIC AI Index: ASA 35/009/2002

28 August 2002

Further information on EXTRA 63/02 (ASA 35/007/2002, 14 August 2002) - Imminent execution

PHILIPPINES: Rolando Pagdayawon (m), former police officer

Rolando Pagdayawon, who was scheduled to be executed by lethal injection on 30 August, has been granted a 90-day reprieve by President Arroyo. He was sentenced to death for the rape of his common-law wife's nine-year-old daughter.

According to the President's Press Secretary, the reprieve will give the President more time to determine whether his death sentence should be commuted to a prison term. The reprieve also applies to two other men, Filemon Serrano (see follow-up to UA 236/02, ASA 35/006/2002, 2 August 2002) and Eddie Sernadilla, who were both due to be executed in September.

The Press Secretary said that President Arroyo's decision to grant a reprieve was partly due to pressure from the Catholic Church in the Philippines which, along with human rights groups, has been pressing for abolition of the death penalty.

Moves in Congress towards abolition of the death penalty have been gathering pace in recent weeks. According to the Free Legal Assistance Group (FLAG), almost half of the members of the House of Representatives and a majority of Senators have signalled their intent to vote for the abolition of capital punishment. In May, the House of Representatives' Committees on Revision of Laws and Civil, Political and Human Rights approved bills providing for abolition. The Senate is currently conducting public hearings on a similar bill. The Catholic Bishops' Conference of the Philippines (CBCP) has urged the President to certify the bills as urgent.

FURTHER RECOMMENDED ACTION: Please send appeals in English or in your own language:
- welcoming the President's decision to grant a 90-day reprieve to Rolando Pagdayawon and urging her to commute his death sentence to a prison term;
- expressing the hope she will grant clemency to all other prisoners facing imminent execution;
- expressing sympathy for the victims of rape and other violent crime but pointing out that the death penalty has never been shown to have a unique deterrent effect, and is brutalizing to all involved;
- expressing concern at serious defects in the Philippine criminal justice system, including the use of torture, lack of access to lawyers and unfair trials, which increase the risk of executing the innocent;
- urging the President to grant an official moratorium on all executions, and to support current moves within Congress to abolish the death penalty.

APPEALS TO: (Please note that fax tones are sometimes difficult to obtain)

President Gloria Macapagal-Arroyo
Malacanang Palace
J.P. Laurel St
San Miguel 1005
Manila
Philippines
Telegrams: President Macapagal-Arroyo, Manila, Philippines
Fax: + 63 2 736 1010 / 832 3793
Salutation: Dear President Macapagal-Arroyo

COPIES TO:

Secretary of Justice
Secretary Hernando Perez
Department of Justice
Padre Faura, Ermita, Manila
Philippines
Fax: + 63 2 521 1614

and to diplomatic representatives of the Philippines accredited to your country.

PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 9 October 2002

Document Type :
Urgent Appeal Update
Document ID :
UP-55-2002
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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.