Home / News / Urgent Appeals / UPDATE (Philippines): Delay in trial due to possible neglect by the court and prosecutor
 

UPDATE (Philippines): Delay in trial due to possible neglect by the court and prosecutor

July 3, 2005

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal
4 July 2005

[Re: UA-74-2005: Trial of three men yet to begin after three years]
---------------------------------------------------------------------
UP-78-2005: PHILIPPINES: Delay in trial due to possible neglect by the court and prosecutor

PHILIPPINES: Human rights defenders; Torture; Failure of justice system
---------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the further postponement in the trial of Jejhon Macalinsal, Aron Salah and Abubakar Amilhasan due to a possible neglect by the court and prosecutor. Despite the case having been scheduled for hearing four times in June, the trial has not go ahead due to postponements.

A reliable source said the hearings set for June 2 and 14, 2005 was cancelled because the judge handling the case traveled out of town. It was also set for June 13, but was again postponed because the date was a public holiday. On June 16 it was heard, but because of the prosecutor’s failure to ensure that his witnesses appeared in court on that date, it was again postponed for 5 January 2006.

The AHRC has previously issued an appeal for speedy trial in this case. The three men have been charged with illegal possession of firearms and explosives. They were tortured and illegally detained after their arrest. The police suspected them of having played a role in Fitmart Mall bombing on 21 April 2002. But strangely they were not charged for the bombing. Since the case was filed in April 2002, the court has failed to start the trial (please see UA-74-2005 for details).

The three men have already asked the Supreme Court to transfer their case to another court. They question the manner of how the judge is handling their case. The Supreme Court, however, has not honored their request. The high court explained that requests for transfer should be filed in the local court concerned for deliberation and approval. Such notice has left them with no other option but to submit to the local court's procedure. They remain unhopeful however.

Meanwhile, the Supreme Court responded to the AHRC’s letter appealing for a speedy resolution. In his May 23 letter to the AHRC, chief justice Helario Davide Jr. said he already referred the matter to the high court’s court deputy administrator Hon. Christopher Lock for appropriate action. Although Lock has requested the judges concerned to comment and take appropriate action for the speedy resolution of the case, the local court has not acted on it yet.

Up to now the three men and their relatives have experienced difficulties in financing the legal expenses of the case. They also have to raise money to pay for their food, transportation and rent for the safe house in which they are living. The three men no longer live normal lives. Since being released on bail, they have been living in fear and kept in safe places while awaiting their trial.

We urge your immediate action to request the high court to intervene and to prevent further postponement and delay in this case. An inquiry should be conducted into whether the court personnel, judge and the prosecutor have neglected their duties if this directly resulted to the cancellation, repeated postponement and delay of the case. The case should be transferred to another court branch if the judge concerned is found not capable of resolving the case immediately. The hearing of the case must be re-scheduled from 5 January 2006 to the earliest possible time.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
---------------------------------------------------------------------

PLEASE SEND A LETTER TO:

Suggested letter:

Mr. Christopher Lock
Deputy Court Administrator
Supreme Court of the Philippines
New Supreme Court Building Annex Padre Faura St., Ermita,
1000 Manila
PHILIPPINES


Dear Mr. Lock,

PHILIPPINES: Delay in trial due to possible neglect by the court and prosecutor

I am writing to draw your attention to the delay in the trial of Jejhon Macalinsal, Aron Salah and Abubakar Amilhasan in General Santos City. I have learned that although their case was set for hearing on four occasions this June, the trial has yet to go ahead due to cancellation and postponements. Instead, during a June 16 hearing the court set the trial for 5 January 2006.

I am aware that the court judges concerned have been notified by your office to take action on the speedy resolution of the case. I was also informed that the alleged irregularities and maltreatment of prisoners during the raid and arrest of the persons charged on 24 April 2002 will be looked into. However, despite your notice the judges concerned have not acted on this matter.

This case is yet another instance of serious delay in the trial of cases in local court. Appropriate and immediate steps must be initiated to stop this. The judges and prosecutors concerned should be held liable if found to have neglected their duty, and caused further delay in the case. Sanctions should be imposed for such acts.

I urge your intervention to ensure that the three persons are afforded with speedy resolution of their case. The allegations of maltreatment, illegal arrest, detention and irregularities in the raid by the authorities should be investigated. Please also ensure that the requests to transfer the case are met.

I trust that you will take action in this serious case.


Yours truly,

--------------

SEND COPIES TO:

1. Hon. Hilario Davide Jr.
Chief Justice
Supreme Court of the Philippines
New Supreme Court Building Annex Padre Faura St., Ermita,
1000 Manila
PHILIPPINES

2. Hon. 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

3. Commissioner Purificacion Quisumbing
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman, Quezon City
PHILIPPINES
Tel. No. +63 2 928-5655/926-6188
Fax: +63 2 929-0102
Email: drpvq@chr.gov.ph

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

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)

Thank you.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)


Document Type :
Urgent Appeal Update
Document ID :
UP-78-2005
Countries :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
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.