fhr3 07 final - karapatan · pressly provide for the writ of amparo, the supreme court, in issuing...

FHRFOR HUMAN RIGHTSPhilippines, July - September 2007Vol. 3, No. 3 PhP 20

Called the “Rule on the Writ ofAmparo,” the new protocol empow-ers the courts to swiftly issue or-ders to protect victims and wit-nesses from further violations oftheir rights, compel authorities toproduce any information vital to thecase and allow the inspection ofmilitary camps, safehouses or de-tention facilities, among others.

The promulgation of the rulecame two months after the Su-preme Court-sponsored NationalConsultative Summit on Extrajudi-cial Killings and Enforced Disap-pearances held July 16-17. Such arule was among the recommenda-tions given by Karapatan and otherhuman rights groups present at thegathering.

In hailing the writ, a hopefulChief Justice Reynato Puno said:“This rule will provide the victims ofextralegal killings and enforced dis-appearances the protection theyneed and the promise of vindica-tion for their rights.”

The rule is to take effect on 24October 2007.

Amparo in a nutshellAmparo in a nutshellAmparo in a nutshellAmparo in a nutshellAmparo in a nutshell

The word “amparo” comes fromthe Spanish verb “amparar,” mean-ing “to protect.” The writ itself is ofMexican origin. Known as theRecurso de Amparo, it was insti-

Responding to the public clamor to end the spate of extrajudicial killings and enforcedesponding to the public clamor to end the spate of extrajudicial killings and enforcedesponding to the public clamor to end the spate of extrajudicial killings and enforcedesponding to the public clamor to end the spate of extrajudicial killings and enforcedesponding to the public clamor to end the spate of extrajudicial killings and enforceddisappearances of leftist activists, journalists and suspected rebel sympathizers, thedisappearances of leftist activists, journalists and suspected rebel sympathizers, thedisappearances of leftist activists, journalists and suspected rebel sympathizers, thedisappearances of leftist activists, journalists and suspected rebel sympathizers, thedisappearances of leftist activists, journalists and suspected rebel sympathizers, the

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...continued on page 4

PIYETA by E. Garibay

S P E C I A L I S S U E

2 FOR HUMAN RIGHTS July - Septermber 2007○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

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COVER STORYCOVER STORYCOVER STORYCOVER STORYCOVER STORYThe Supreme Court’s writ of amparo:The Supreme Court’s writ of amparo:The Supreme Court’s writ of amparo:The Supreme Court’s writ of amparo:The Supreme Court’s writ of amparo:will it work?will it work?will it work?will it work?will it work?

FEAFEAFEAFEAFEATURE STTURE STTURE STTURE STTURE STORORORORORYYYYYEnforced Disappearance can victimizeEnforced Disappearance can victimizeEnforced Disappearance can victimizeEnforced Disappearance can victimizeEnforced Disappearance can victimizeanyone if Arroyo regime’s terrorism is notanyone if Arroyo regime’s terrorism is notanyone if Arroyo regime’s terrorism is notanyone if Arroyo regime’s terrorism is notanyone if Arroyo regime’s terrorism is notstoppedstoppedstoppedstoppedstopped

REGULARSREGULARSREGULARSREGULARSREGULARSIIIIINTERNNTERNNTERNNTERNNTERNAAAAATIONTIONTIONTIONTIONALALALALAL F F F F FEAEAEAEAEATURETURETURETURETURE

Extraordinary rendition:Extraordinary rendition:Extraordinary rendition:Extraordinary rendition:Extraordinary rendition:corroding human rightscorroding human rightscorroding human rightscorroding human rightscorroding human rights

IIIIINTERNNTERNNTERNNTERNNTERNAAAAATIONTIONTIONTIONTIONALALALALAL [HR] N [HR] N [HR] N [HR] N [HR] NEWSEWSEWSEWSEWS

Six medical workers unjustly imprisoned inSix medical workers unjustly imprisoned inSix medical workers unjustly imprisoned inSix medical workers unjustly imprisoned inSix medical workers unjustly imprisoned inLibya gain freedomLibya gain freedomLibya gain freedomLibya gain freedomLibya gain freedom

Anti-wAnti-wAnti-wAnti-wAnti-wararararar, pr, pr, pr, pr, pro imo imo imo imo impeachment rally sepeachment rally sepeachment rally sepeachment rally sepeachment rally set int int int int inWashington, DCWashington, DCWashington, DCWashington, DCWashington, DC

Worldwide rallies cry: free Joma Sison!Worldwide rallies cry: free Joma Sison!Worldwide rallies cry: free Joma Sison!Worldwide rallies cry: free Joma Sison!Worldwide rallies cry: free Joma Sison!

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The TThe TThe TThe TThe Trials of Jose Maria Sison brials of Jose Maria Sison brials of Jose Maria Sison brials of Jose Maria Sison brials of Jose Maria Sison by Pry Pry Pry Pry Prof.of.of.of.of.Elmer A. OrdoñezElmer A. OrdoñezElmer A. OrdoñezElmer A. OrdoñezElmer A. Ordoñez

AAAAAbrakbrakbrakbrakbrakadabra! badabra! badabra! badabra! badabra! by Ay Ay Ay Ay Attyttyttyttytty. Joel Butuy. Joel Butuy. Joel Butuy. Joel Butuy. Joel Butuyananananan

NNNNNAAAAATIONTIONTIONTIONTIONALALALALAL [HR] N [HR] N [HR] N [HR] N [HR] NEWSEWSEWSEWSEWS

Supreme court convenes summit onSupreme court convenes summit onSupreme court convenes summit onSupreme court convenes summit onSupreme court convenes summit onextrajudicial killings and disappearancesextrajudicial killings and disappearancesextrajudicial killings and disappearancesextrajudicial killings and disappearancesextrajudicial killings and disappearances

Methodist Church mark first death anniver-Methodist Church mark first death anniver-Methodist Church mark first death anniver-Methodist Church mark first death anniver-Methodist Church mark first death anniver-sary of martyred pastor Isaias Sta. Rosasary of martyred pastor Isaias Sta. Rosasary of martyred pastor Isaias Sta. Rosasary of martyred pastor Isaias Sta. Rosasary of martyred pastor Isaias Sta. Rosa

Satur slams inclusion of party-list solons inSatur slams inclusion of party-list solons inSatur slams inclusion of party-list solons inSatur slams inclusion of party-list solons inSatur slams inclusion of party-list solons inGMAGMAGMAGMAGMA’s pr’s pr’s pr’s pr’s proposed amnestyoposed amnestyoposed amnestyoposed amnestyoposed amnesty

RRRRRIGHTIGHTIGHTIGHTIGHTSSSSS 1 1 1 1 10000011111What is due process?What is due process?What is due process?What is due process?What is due process?

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On the 111th year of the Cry of Pugadlawin:On the 111th year of the Cry of Pugadlawin:On the 111th year of the Cry of Pugadlawin:On the 111th year of the Cry of Pugadlawin:On the 111th year of the Cry of Pugadlawin:Call to fight for freedom rings louderCall to fight for freedom rings louderCall to fight for freedom rings louderCall to fight for freedom rings louderCall to fight for freedom rings louder

LLLLLI T E R A R YI T E R A R YI T E R A R YI T E R A R YI T E R A R Y

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Any part of this magazine may be reproduced with thepermission of the publisher. The publisher reserves theright to accept or reject editorial or advertising material.Unsolicited manuscripts, photographs and artwork will notbe returned unless accompanied by self-addressedstamped envelopes. Publisher assumes no responsibilityfor unsolicited material.

Vol. 3 No. 3 July - September 2007Vol. 3 No. 3 July - September 2007Vol. 3 No. 3 July - September 2007Vol. 3 No. 3 July - September 2007Vol. 3 No. 3 July - September 2007

Publisher: Marie Hilao-EnriquezManaging Editor: Ruth G. CervantesEditorial Staff:

Lovella de CastroDee AyrosoDJ AciertoGirlie Padilla

Contributor: Atty. Rex J. M.A. Fernandez

FHR FOR HUMAN RIGHTS is published by KARAPATANAlliance for the Advancement of People’s Rights#1 Maaralin St., Central District, Quezon City,

Telefax: 4354146, e-mail: [email protected]: www.karapatan.org

8

CONTENTS

FHRFHRFHRFHRFHRFOR HUMAN RIGHTS

P I Y E TP I Y E TP I Y E TP I Y E TP I Y E T AAAAA

About the artistAbout the artistAbout the artistAbout the artistAbout the artist

The Kidapawan-born artist holds degrees in soci-ology and fine arts from the University of the Philip-pines. He has likewise finished a Masteral course onDivinity at the Union Theological Seminary in Cavite.

Art critic Alice Guillermo says of his work: “Garibay’smulti-leveled symbolism which traverses historicalperiods and contexts makes for an art that continu-ally proffers new insight. His paintings strip the bar-nacles of conventional religiosity, explode long-heldconservative myths, and come up with fresh ways ofengagement with religious issues through the powerof art.”

The Cultural Center of the Philippines cited Garibayas one of the Thirteen Artists Awardee in 2000 and inthe same year his work “One on One” was awardedSecond Place in the Painting Category, II Bienal delBaloncesto en Balles Artes in Madrid, Spain.

AAAAAbout PIYETbout PIYETbout PIYETbout PIYETbout PIYETAAAAA

Piyeta” is among the more than 200 works of artproduced under the auspices of TutoK (TutokKarapatan), an art project on human rights.

The project had a series of group exhibits orga-nized by its curatorial team, among them Mideo Cruz(featured artist, HR Gallery FHR April-May 2007 is-sue), and a series of collateral events for human rightseducation. The artist initiative was started on No-vember 2005, and has come up with a total of 7exhibition projects from November 2006 to July 2007.

Garibay serves as project chairman for tutoK, withfellow artist Karen Ocampo Flores as project director.

Oil on canvassby Emmanuel

Garibay

The HR Gal le r y

We’ll exhibit your artworks here. send us photos,illustrations, paintings and other works of art indigital image via e-mail. Please don’t forgetthat the theme should be on human rights.

Editor’s Note:

3FOR HUMAN RIGHTSJuly - September 2007○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

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FEATURE

Enforced Disappearance can victimize anyone ifEnforced Disappearance can victimize anyone ifEnforced Disappearance can victimize anyone ifEnforced Disappearance can victimize anyone ifEnforced Disappearance can victimize anyone ifArroyo regime’s terrorism is not stoppedArroyo regime’s terrorism is not stoppedArroyo regime’s terrorism is not stoppedArroyo regime’s terrorism is not stoppedArroyo regime’s terrorism is not stopped

The armed men searched the house, while shout-ing threats and hittng at the Robiños family members.One of the men kicked Romulos Robiños, a tricycledriver, dragged him out of the house and forced himinside a white vehicle.

A family friend said that he later saw Romulos in-side the 69th Infantry Battalion (IB), Philippine Armyheadquarters in San Jose Matulid, Mexico,Pampanga. In their search at the same headquar-ters, Romulos’ wife said she saw one of Romulos’sabductors inside the camp. But they did not findRomulos and had not seen him again despite count-less days of searching. Romulos has been missingfor ten months.

The same scene was repeated in many otherplaces. Among the most recent was on 28 April2007, in a public place in Quezon City: Jonas Burgoswas having his lunch at a restaurant inside the EverGotesco mall when four armed men accosted him.He was forcibly taken out of the mall, pushed insidea vehicle and whisked away. Jonas is an agriculturistand activist who had been helping farmers in Bulacan.The plate number of the vehicle used in Jonas’s abduc-tion was traced to an impounded vehicle inside the 56thInfantry Battalion of the Philippine Army (IBPA) inBulacan. Jonas has been missing for five months.

Romulos Robiños and Jonas Burgos are only twoof 184 who are victims of enforced disappearancesince Mrs. Gloria Macapagal-Arroyo assumed powerin 2001. They are the “desaparecidos,” those whowere abducted and kept hidden by suspected soldiers,police and their agents, allegedly in the name of counter-insurgency and the US and Philippine governments’“global war against terror.”

Families of desaparecidos are victims, too.They are subjected to psychological torture asthey worry from day to day about the fate of theirloved ones. There is no closure for families ofdesaparecidos, only an endless search. The dis-appearance also affects their livelihood and put theirlives at risk.

The tragedy of a loved one’s disappearance is thesame for any person –whether in the Philippines, Indone-sia, Kosovo, Honduras, Turkey, Guatemala, Nigeria or Af-ghanistan.

In 2005 alone, the United Nations Working Group onEnforced or Involuntary Disappearance (WGEID) has re-

ceived 50,000 cases from 90 countries. It saidthat “anti-terrorist activities are being used byan increasing number of States as an excuse fornot respecting human rights, especially protec-tion of all persons from disappearance.”

Very few States have created a specific crimi-nal offence of enforced disappearance and only61 countries have signed the International Con-vention on the Protection of All Persons from En-forced Disappearance. The Arroyo governmentdid not sign the convention despite vigorous callsby the UN.

On August 30August 30August 30August 30August 30, the world commemorates theInternational Day of the DisappearedInternational Day of the DisappearedInternational Day of the DisappearedInternational Day of the DisappearedInternational Day of the Disappeared. Thisday is an occasion to give tribute to victims of stateterrorism all over the world, remember the disap-peared, and hold the perpetrators accountable fortheir crimes.

The tragedy that befell the Robiños, Burgosand many other families was not fate but thedesired result of the implementation of a policyof the Arroyo regime, as it is confronted withpolitical and economic crisis, fearful of socialchange and afraid that it will be ousted by peoplepower.

As long as Mrs. Arroyo and her minions likeNorberto Gonzales, Eduardo Ermita, Raul Gonzales,Gen. Hermogenes Esperon and other implementorsof Oplan Bantay Laya and the “War of Terror” are inpower, the threat of enforced disappearance, ex-trajudicial killing and other violations of our humanrights will remain dangling above our heads.

Our silence or indifference today will not keepus safe in the days to come, as anyone may be-come a victim of enforced disappearance unlessthe Arroyo regime is stopped. It is time for all of us

to stand for justice with the rest of our country-men and women and defy Arroyo’s undeclaredmartial law.

Their search for the truth may expose themto even greater danger, yet families and friendsof disappeared persons continue to exhibitcourage and commitment to collectively fight

for justice. This serves as an inspiration to other victims ofinjustice and more citizens to understand state terrorismand enforced disappearance, and resist until no one is dis-appeared again. F H RF H RF H RF H RF H R

It wIt wIt wIt wIt was half an hour past midnight of 1as half an hour past midnight of 1as half an hour past midnight of 1as half an hour past midnight of 1as half an hour past midnight of 17 No7 No7 No7 No7 Novvvvvember 2006ember 2006ember 2006ember 2006ember 2006 when eight armedwhen eight armedwhen eight armedwhen eight armedwhen eight armedmen barged intmen barged intmen barged intmen barged intmen barged into the home of the Ro the home of the Ro the home of the Ro the home of the Ro the home of the Robiños fobiños fobiños fobiños fobiños family in Angeles Cityamily in Angeles Cityamily in Angeles Cityamily in Angeles Cityamily in Angeles City, P, P, P, P, Pamamamamampanga,panga,panga,panga,panga,about 80 kilomeabout 80 kilomeabout 80 kilomeabout 80 kilomeabout 80 kilometttttererererers nors nors nors nors north of Manila.th of Manila.th of Manila.th of Manila.th of Manila.

by Ruth Cervantes


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COVER STORY ... continued

tuted in Mexico in 1847 and is found in Articles 103 and107 of the Mexican Constitution.

Although the 1987 Philippine Constitution did not ex-pressly provide for the writ of amparo, the Supreme Court,in issuing the said rule, invoked its constitutionalprerogative “to promulgate rules concerning theprotection and enforcement of constitutional rights.”

Section 1 of the rule on the writ of amparo statesthat a petition for the writ may be availed of by anyone“whose right to life, liberty and security is violated orthreatened with violation by an unlawful act or omissionof a public official or employee, or of a private individualor entity.”

The same section specifically states that the writ“shall cover extralegal killings and enforced disappear-ances or threats thereof.”

Thus, activists under threat of assassination, summaryexecution, abduction, torture or physical assault from themilitary may ask the court to issue a writ of amparo toprotect them from such atrocities. In fact, any violationor threat of violation of one’s right to life, liberty andsecurity – including threats and acts of harassment –are covered by the remedy.

With regards to enforced disappearances, the writ ofamparo overlaps and even extends the coverage of thewrit of habeas corpus in that it includes desaparecidoswhose custody is denied by the state. Thus, unlike ha-beas corpus petitions that are usually dismissed on thebasis of the state’s blanket denial of custody, the writ ofamparo requires authorities to employ “extraordinary dili-gence” in determining the whereabouts of a missing per-son and allows the courts to issue orders to inspect fa-cilities and produce information needed to establish thevictim’s whereabouts.

The protection given by thewrit also covers those threat-

ened to be deprived of theirliberty through illegalarrest, “invitations”to camps, abductionsor other means of ar-bitrary detention.

Petitions for thewrit require nodocket fees and maybe filed any time in aregional trial court,the Supreme Court,Court of Appeals,Sandiganbayan orany justice of suchcourts. Aside from

the aggrieved party, those who may petition for the writwould be their immediate family members, relatives orconcerned citizens or organizations.

Once served the writ, respondents are required within72 hours to file a verified answer, complete with sup-porting affidavits, containing their legal defenses as towhy they did not violate or threaten to violate the ag-grieved party’s right to life, liberty or security through anyact or omission.

Moreover, a general denial of the allegations in thepetition is not allowed. Rather, respondents have to indi-cate the steps they have taken to determine the fate ofthe aggrieved party including all relevant information onthe said threat, act or omission. They should also showefforts to verify the identity of the aggrieved party, re-cover and preserve evidence, identify witnesses andobtain statements from them, determine the details ofthe death or disappearance as well as any pattern orpractice that may have caused such, identify and appre-hend those involved, and bring the suspected offendersbefore a competent court.

It is worth noting that aside from mandating extraor-dinary diligence, the writ prohibits government officialsfrom invoking the presumption of regularity in the per-formance of their duties to evade responsibilityor liability.

Under the writ, motions commonly used by the mili-tary and police to delay or complicate habeas corpuspetitions or other human rights cases – motions to dis-miss, motions for extension or postponement, motionsfor a bill of particulars, among others – are prohibited.

Failure by respondents to file a verified answer willresult in an ex parte hearing of the petition. Summaryhearings shall be held daily and the court shall render ajudgment 10 days after the petition is submittedfor decision.

While the petition is being heard, the court may issuethe following reliefs:

Temporary Protection Order (TPO) – gives the petitioner,aggrieved party and any member of the immediatefamily or officer of an organization protection througha government agency or accredited person or privateinstitution;

Inspection Order (IO) – orders the inspecting, measur-ing, surveying, or photographing of a designated land,property or any relevant object or operation thereon;

Production Order (PO) – orders the production, inspec-tion, copying or photographing of any relevant writtenmaterial, photograph, object, or digital or electronicinformation;

Witness Protection Order (WPO) - refers the witnesses


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COVER STORY

The trials of Jose Maria SisonThe trials of Jose Maria SisonThe trials of Jose Maria SisonThe trials of Jose Maria SisonThe trials of Jose Maria Sison

“...the approval ofthe writ might cometo naught with thefast-tracking of the

government’scounter-insurgency

operations...”

to the Department of Justice for admission to the Wit-ness Protection Program. The witnesses may also bereferred to other government agencies or to accred-ited persons or private institutions for their safety.

If the motion for an IO or PO is op-posed on the ground of national secu-rity or of the privileged nature of theinformation, the court, justice or judgemay conduct a hearing in chambers todetermine the merit of the opposition.

The rule of amparo was crafted pri-marily to prevent the further violationof the aggrieved party’s rights. It is notmeant to replace nor preclude the fil-ing of any criminal, civil or administra-tive case stemming from the violationor threat of violation of such rights.

Looks good. But will it work?Looks good. But will it work?Looks good. But will it work?Looks good. But will it work?Looks good. But will it work?

While human rights advocatesgenerally laud the Supreme Court’sbold and innovative move, there are well-founded doubtsas to its impact on the killings and abductions and theimpunity that accompanies such wholesale violations ofhuman rights.

On the same day that the Supreme Court promulgatedthe new writ, Pres. Gloria Macapagal-Arroyo issued Ad-ministrative Order (AO) 197 ordering the Department ofNational Defense and the Armed Forces of the Philip-pines to draft legislation “for safeguards against disclo-sure of military secrets and undue interference in mili-tary operations inimical to national security.”

Lawyer Neri Colmenares, spokesperson of the Coun-sels for the Defense of Liberties, says AO 197 could bepart of government’s strategy to get around the writ ofamparo.

For its part, Karapatan says the approval of the writmight come to naught with the fast tracking of thegovernment’s counter-insurgency operations. The Presi-dent recently set 2010 as the deadline for the AFP to“crush” the CPP-NPA-NDFP. As far as state security forcesare concerned, targets include Leftist organizations andtheir members working within the legal system.

What may complicate matters is the writ of amparo’sinclusion of acts committed not only by state securityforces and other public officials but also by private indi-viduals or entities. Says Colmenares: “Expanding thewrit’s coverage to include alleged crimes committed byprivate individuals or entities misses the point, since thatis not the problem that the writ intends to solve.”

He explains: “The Rules of Court is already equippedto deal with these crimes. The real problem rather, is in

regard to the impunity with which extra judicial killings,enforced disappearances and other human rights viola-tions are carried out by suspected state security forceswho hide behind various mechanisms to preempt inves-

tigation and prosecution – suchas claims to confidentiality, na-tional security, executive privi-lege, the principle of presump-tion of regularity or just plainprotection provided by top offi-cials – rendering the ordinaryrules of court and even the ju-diciary ineffective in interveningto at least spur serious investi-gation and prosecution.”

He points out that a numberof Latin American countrieshave limited their amparos toacts or omissions of public offi-cials since, after all, the writwas generally intended not

against common crimes of private citizens but acts ofthe State.

Colmenares feel that the Philippine amparo’s ex-panded coverage might dilute the main intent of the writas recourse against human rights abuses by the state,the remedy of which cannot be availed of under the cur-rent rules of court. It is even possible, he says, that theAFP will file hundreds of amparos against the NPA just toconfuse the issue and render the writ ineffective.

Another possible complication is the hierarchy of peti-tioners expressed in the rule, which may hinder humanrights organizations from acting swiftly on urgent caseswhere no family member or relative is willing to file apetition out of fear.

Concludes Colmenares: “The entire process is ofcourse subject to the vagaries of the justice system suchas whether or not a judge is corrupt, biased in favor ofgovernment, can withstand threats and pressure frompowerful respondents, and whether the judiciary canassert itself should the military for example disregard itsorders.”

Whatever the outcome, Colmenares believes that thewrit can only be effective as long as there is active par-ticipation of the victims, their families and human rightsadvocates in the quest for justice.

Despite such potential problems, Karapatan is chal-lenging the courts to “make the remedy work in the dis-pensation of justice” and has vowed to help file petitionsfor the writ on the cases of the two missing UP studentsKaren Empeño and Sherlyn Cadapan as well as missingactivist Jonas Burgos. F H RF H RF H RF H RF H R


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corroding human rightsSecret detentions and renditions:

Collusion of US and EU governmentsCollusion of US and EU governmentsCollusion of US and EU governmentsCollusion of US and EU governmentsCollusion of US and EU governments

Media allegations that the US intelligence agency ransecret jails abroad for terror suspects sparked a seriesof investigations. On 8 June 2007, Swiss senator DickMarty made public his second report entitled “Secretdetentions and illegal transfers of detainees involvingCouncil of Europe member states.”

It was a follow-up to his report to the Council of Eu-rope last year that said 14 European governmentscolluded with the CIA over the transport of terror sus-pects across the globe for interrogation - a practiceknown as “extraordinary rendition.” It was also last yearwhen European parliament investigators said the CIAhad carried out more than 1,000 undeclared flights overEuropean territory since 2001.

Marty says “There is now enough evidence to statethat secret detention facilities run by the CIA did existin Europe from 2003 to 2005, in particular in Polandand Romania.”

The report concluded that the secret detention fa-cilities in Europe were run directly and exclusively bythe CIA.

Marty, who serves as Rapporteur for the Commit-tee on Legal Affairs and Human Rights of the Coun-cil of Europe, said: “We believe we have shown thatthe CIA committed a whole series of illegal acts inEurope by abducting individuals, detaining them insecret locations and subjecting them to interroga-tion techniques tantamount to torture.”

Marty said he hopes that his report on extraor-dinary rendition “will catalyse a renewed apprecia-

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On suspicion of involvement in terrorist groups or activities, over a hundred peoplehave been abducted, illegally transfered and tortured in ‘ghost prisons’ under the USgovernment’s so-called High-Value Detainee (HVD ) program.

In his 6 September 2006 speech, President Bush lauded the program as apolicy that “has been, and remains, one of the most vital tools in our war againstthe terrorists.” Bush also acknowledged that there was an “alternative set ofprocedures” employed in the interrogation of terror suspects.

Such alternative set of procedures is understood to be a reference to the CIA’s “en-hanced interrogation techniques” used to interrogate several other HVDs. In the words of an intelli-

gence source of a European investigating team, “We’ll only give them up (HVDs) to the Department ofDefense once we’ve got everything we can out of them.”

Some terror suspects are subsequently released but not without going through the HVD program.

Muhammad Bashmilah, Salah Ali Qaru and Muhammadal-Assad, three Yemeni men who were abducted and

later released, told Amnesty International (AI) that theywere held in at least four secret US-run facilities and thatthey were mistreated.Khaled el-Masri, a German citizen was abducted from

Macedonia in December 2003 and eventually flown toAfghanistan. There he was held in solitary confinement forfour months and allegedly subjected to ill-treatment, whileUS agents interrogated him. The Washington Post hasreported that eventually, the CIA concluded they had simplymade a mistake, and Mr. Masri was dumped close to wherehe was abducted, to find his way home.Syrian-born Maher Arar, 34, was heading home to

Canada after a family holiday in Tunisia when he was pickedup by US immigration in September 2002 as he passedthrough New York’s JFK airport. After days of questioning,he says he was shackled, bound, and flown to Syria.

Mr. Arar, who was eventually released, told the newsnetwork BBC that he was tortured during his 10 month-detention.

Abu Omar, a man who was abducted in a busy Milanstreet in 2003 and flown to Egypt where he remains indetention, alleges that he has been tortured in detention,including being hung upside down and having electricshocks applied to his testicles.In 2006, Italian prosecutors asked for the indictment of

Extraordinarilyrendered

continued on next page...

by Ruth Cervantes

INTERNATIONAL FEATURE


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tion of the legal and moral quagmire into which we havecollectively sunk as a result of the US-led ‘waron terror.’”

“I hope I have spurred right-minded Americans andEuropeans alike into realising that our common values,in tandem with our common security, depend on our unit-ing to end the abusive practices inherent in US policieslike the ‘High-Value Detainee’ programme,” he said.

Corroding human rights protection worldwideCorroding human rights protection worldwideCorroding human rights protection worldwideCorroding human rights protection worldwideCorroding human rights protection worldwide

Under its so-called war against terror, the US govern-ment established the secret detention system referredto as “black sites” in the wake of the 11 September2001 attacks.

On 2 November 2005, the Washington Post first re-ported the existence of a hidden global internment net-work that “is a central element in the CIA’s unconven-tional war on terrorism.”

The US says it is at war against terror, so criminal lawdoes not apply and nor do the laws of combat, such asthe Geneva Conventions.

The policy pursued by the current US Administra-tion results in gross human rights violations and cor-rodes the protection on human rights, according tohuman rights groups.

According to Amnesty International (AI), “rendition”usually involves multiple human rights violations, in-cluding abduction, arbitrary arrest and detention andunlawful transfer without due process of law. It alsoviolates a number of other human rights safeguards;for example, victims of rendition have no possibility

of challenging their detention, or the arbitrary decisionto transfer them to another country.

Rendition prisoners are cut off from the outside worldand are completely in the power of their captors, with-out access to lawyers, families or doctors. They are of-ten kept in prolonged arbitrary detention without chargeor trial. The secrecy of their detention allow governmentsto evade accountability.

TTTTTerrerrerrerrerrorism forism forism forism forism for tor tor tor tor terrerrerrerrerrorism gambitorism gambitorism gambitorism gambitorism gambit

“States are obliged to take lawful measures to pro-tect people from terrorist attacks. Rendition and secretdetention undermine such measures by restricting theability of states to bring to justice those responsible foracts of terrorism. Supporting activities designed to evadepublic scrutiny weakens the rule of law, which is the foun-dation for genuine security,” AI said in a public state-ment dated 22 June 2007.

“When adopting counter-terrorism measures, govern-ments must respect their international law obligations,”says AI in its Q&A on “rendition.” (http://web.amnesty.org/library/index/engpol300032006)

AI said the prohibition of tortureand ill-treatment is absolute underinternational law and applies in allcircumstances, with no exceptionsof any kind, and cannot be sus-pended even in times of war orpublic emergency.

Also, under the non-refoulementprinciple in international law, stateshave the obligation not to transferany person to a country where theirlives or freedoms could bethreatened.

The practice of extraordinaryrendition is likewise an act of con-tempt by the US government on the

rest of the world where their unlawful acts are being com-mitted in the name of anti-terrorism. The US is commit-ting abuses that are prohibited in its own soil.

Ever the global bully, the US systematically refuses toaccount for its crimes and place itself under the jurisdic-tion of the International Criminal Court (ICC) while im-posing its jurisdiction over other countries.

The foregoing will not solve the problem of terrorismas it is terrorism in itself. The threat from global terror-ism does not justify measures such as rendition, as ex-isting international law provides states with an adequateand sophisticated framework to respond to very seriousthreats.

Governments who allow themselves to be used in theglobal “war on terror” and are committing acts ofterrorism against their citizens are breeding terrorism inthe process.

26 US citizens, 25 of whom are suspected CIAoperatives reportedly involved in the abduction andrendition of Mr. Omar. Nine operatives of the Italiansecurity service, SISMI would also be indicted.

Binyam Mohammed was an Ethiopian-bornasylum-seeker who was given leave by the Britishgovernment to remain in the UK since 1994 while hiscase was resolved. Binyam was arrested whiletraveling in Pakistan in April 2002 on a visa violationand turned over to the US authorities.

On 21 July 2002 Binyam was brought to Morocco,allegedly on a CIA plane, where he was held andtortured for 18 months. He was transferred to theDark Prison in Kabul in January 2004 and was latertaken to Bagram Air Force Base in Afghanistan, andfinally to Guantánamo Bay in September 2004, wherehe remains in detention.

He was among the detainees who went on ahunger strike to protest prison conditions anddemand judicial review.

Extraordinarily Rendered...A US military officer walkspast a prisoner at theGuantanamo Bay camp inCuba. Photo from http://news.xinhuanet.com.

F H RF H RF H RF H RF H R

SourcesSourcesSourcesSourcesSources :www. reprieve.org.uk; www.amnesty.org; news.bbc.co.uk


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INTERNATIONAL [HR] NEWS

WASHINGTON, D.C. – As the U.S. CongressWASHINGTON, D.C. – As the U.S. CongressWASHINGTON, D.C. – As the U.S. CongressWASHINGTON, D.C. – As the U.S. CongressWASHINGTON, D.C. – As the U.S. Congressprepares to debate and vote on the questionprepares to debate and vote on the questionprepares to debate and vote on the questionprepares to debate and vote on the questionprepares to debate and vote on the questionof war funding for the Iraq war this mid-Sep-of war funding for the Iraq war this mid-Sep-of war funding for the Iraq war this mid-Sep-of war funding for the Iraq war this mid-Sep-of war funding for the Iraq war this mid-Sep-tttttemberemberemberemberember, a series of rallies ha, a series of rallies ha, a series of rallies ha, a series of rallies ha, a series of rallies havvvvve been planned ine been planned ine been planned ine been planned ine been planned inthe U.S. capital to call for an end to the warthe U.S. capital to call for an end to the warthe U.S. capital to call for an end to the warthe U.S. capital to call for an end to the warthe U.S. capital to call for an end to the warand for the impeachment of US Presidentand for the impeachment of US Presidentand for the impeachment of US Presidentand for the impeachment of US Presidentand for the impeachment of US PresidentGeorge WGeorge WGeorge WGeorge WGeorge W. Bush.. Bush.. Bush.. Bush.. Bush.

A big rally on 15 September will serve as a kick-offfor the series of anti-war mobilizations called the “Daysof Action” to be held until 21 September.

The rally is shaping up as a major showdown be-tween pro and anti-war groups. It will be held at thetime General David H. Petraeus, who commands theMulti-National Force-Iraq, makes his report to Con-gress which will take up the Bush Administration’sproposed $100 billion plan to prolong the Iraq war.

MAS Freedom (MASF), the civic and human rightsadvocacy entity of the Muslim American Society (MAS)and the A.N.S.W.E.R. Coalition is calling on tens ofthousands of their fellow Americans to come to Wash-ington on September 15 to attend its “End the War”march and rally.

Anti-war, pro-impeachment rally setAnti-war, pro-impeachment rally setAnti-war, pro-impeachment rally setAnti-war, pro-impeachment rally setAnti-war, pro-impeachment rally setin Washington on 15 Septemberin Washington on 15 Septemberin Washington on 15 Septemberin Washington on 15 Septemberin Washington on 15 September

The “End the War” march and rally will fall on thethird day of Ramadan (the Muslim month of fasting).MAS Freedom is planning a massive Iftar (the breakingof the fast) that evening in Lafayette Park across theWhite House.

“We will break our fast with dates and water, feedthe homeless and hungry, and pray for the homelessand hungry in the USA, Gaza, Iraq, South Asia, Africa,and throughout the world who are in need of bread,not bombs,” stated MAS Freedom Executive Director,Mahdi Bray.

Bray added, “It is most appropriate that during theblessed month of Ramadan, we contemplate on theDivine by standing for justice against occupation andoppression, and that is what this war is all about. Wecall upon the Muslim community and all people ofconscience to join us in fasting and prayer in Washing-ton, D.C. on September 15.”

Representatives from Veterans for Peace (VFP), IraqVeterans Against the War (IVAW), Muslim AmericanSociety Freedom Foundation, National Council of ArabAmericans, CODEPINK, Grassroots America, Democ-racy Rising, Howard University student leaders,ImpeachBush.org, National Lawyers Guild, ANSWERCoalition and others have come together to plan thepowerful mobilization at this critical moment to bringthe war to an end.

The 15 September rally will begin at 12 noon at theWhite House, followed by a march to the Capitol.Joining the march are war veterans from Iraq

Former U.S. Attorney General Ramsey Clark,ImpeachBush.org and hundreds of other impeachmentorganizations are mobilizing with the anti-war move-ment.

“Each and every one of us must do all that we canto support the major Peace/Impeachment demonstra-tion in Washington, DC on September 15, 2007,backed by more than a million votes for impeachmentand accelerating,” Clark said in a message.

More than 929,000 have voted to impeach Bush atImpeachBush.org and it is said that more are pouringin by the hour.

Clark said, “You can be one in a million demandingthe impeachment of the Bush/Cheney cabal if you actfast… There are only six weeks left before the majorPeace and Impeachment rally on September 15, 2007in Washington. We intend to reach the first million bythen.” (ANSWER report)(ANSWER report)(ANSWER report)(ANSWER report)(ANSWER report) F H RF H RF H RF H RF H R


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Six medical workers unjustlyimprisoned in Libya gain freedom


lies of the infected children report-edly agreed last week to a compen-sation deal worth $1M (£500,000)per child, channeled throughGaddafi Foundation, a charity runby Seif al-Islam, the Libyan leader’sson.”

The six medical workers hadbeen in prison since 1999 and un-der sentence of death since 2004,following unfair trials, for allegedlyinfecting 393 children with HIV inthe Al-Fateh Pediatric Hospital inBenghazi, Libya.

The BBC reported that on 9 Feb-ruary 1999, the six were arrested

with 70 health professionals from Egypt, Hungary, thePhilippines and Poland after the virus epidemic. All werereleased except the six who were charged and were firstsentenced to death by firing squad in May 2004.

The death sentence was overturned on 25 Decem-ber 2005 by the Supreme Court that also ordered for aretrial on 11 May 2006 at a criminal court in Benghazi,concluding with the death sentences on 19 Decemberof the same year which were confirmed by the SupremeCourt. However, the Supreme Council of Judicial Authori-ties re-examined the case and reportedly decided on thecommutation of the death sentences.

The six medical workers have complained that duringthe initial stage of detention they were subjected to tor-ture and inhuman treatment.

Furthermore, they were at first detained for about 10months without having access to their families. They wereallowed access to a defense lawyer only after trial pro-ceedings began. (OMCT report)(OMCT report)(OMCT report)(OMCT report)(OMCT report)

Nurses Christiana Vulcheva,Nassya Nenova, ValentinaSiropulo, Valya Chervenyashkaand Snejana Dimitrova and doc-tor Ashraf Alhajouj, who servedeight years of the life sentencesthey received, had always main-tained they were innocent.

At least one other Bulgarian,Zdravko Georgiev, Christiana’shusband who was also detainedand accused although he did notwork in the same hospital, alsoreturned home with the group.

All six were pardoned on theirarrival by Bulgarian PresidentGeorgi Parvanov. The Palestinian doctor, Ashraf Alhajouj,was granted Bulgarian citizenship.

International human rights organizations that moni-tored the case and launched a campaign for the free-dom of the six, such as the Bulgarian Helsinki Commit-tee (BHC) and the Organisation Mondiale Contre la Tor-ture (OMCT), expressed happiness at the development.“We wish to thank all of the individuals and organiza-tions that have taken action. No further action is cur-rently required on your part concerning this case,” theOMCT said in a follow-up report.

In a BBC report (news.bbc.co.uk), President Parvanovsaid, “The dramatic case with the sentenced innocentBulgarian citizens is at its end. We are still sympatheticwith the other tragedy - the one of the infected Libyanchildren and their families.”

In the same report, the release was reportedly madepossible by a deal struck in Tripoli on improving Libya-EUties, following years of negotiations. It said that “the fami-

GENEVGENEVGENEVGENEVGENEVA – FivA – FivA – FivA – FivA – Five Bulgarian nure Bulgarian nure Bulgarian nure Bulgarian nure Bulgarian nurses and a Pses and a Pses and a Pses and a Pses and a Palestinian-born doctalestinian-born doctalestinian-born doctalestinian-born doctalestinian-born doctor who wor who wor who wor who wor who were imere imere imere imere imprisonedprisonedprisonedprisonedprisonedin Libin Libin Libin Libin Libyyyyya fa fa fa fa for allegedly infor allegedly infor allegedly infor allegedly infor allegedly infecting children with HIV haecting children with HIV haecting children with HIV haecting children with HIV haecting children with HIV havvvvve been released on 2e been released on 2e been released on 2e been released on 2e been released on 24 July4 July4 July4 July4 July2002002002002007 and ha7 and ha7 and ha7 and ha7 and havvvvve ree ree ree ree returned tturned tturned tturned tturned to Bulgaria.o Bulgaria.o Bulgaria.o Bulgaria.o Bulgaria.

The doctor and nurses have spent the last seven yearsin custody. Photo courtesy of AFP.


That’s right. We need people who want to get involved in theworthiest cause there is -- human rights.

At a time when human life has become so cheap.When the people’s civil, political and democratic rights are being

sacrificed at the altar of elite politics, corporate greed, globalizationand ati-terrorism.

We need people who will stand up and say, “That’s not right”and do something about it.

Give us a call at the Karapatan Alliance for the Advancement ofPeople’s Rights, telephone nos. 4342837, 4354146.

Weneed

volunteers!


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Protests calling for the release ofProtests calling for the release ofProtests calling for the release ofProtests calling for the release ofProtests calling for the release of arrestedarrestedarrestedarrestedarrestedFilipino revolutionary leader Jose MariaFilipino revolutionary leader Jose MariaFilipino revolutionary leader Jose MariaFilipino revolutionary leader Jose MariaFilipino revolutionary leader Jose MariaSison have deluged the embassy of TheSison have deluged the embassy of TheSison have deluged the embassy of TheSison have deluged the embassy of TheSison have deluged the embassy of TheNetherlands government in the PhilippinesNetherlands government in the PhilippinesNetherlands government in the PhilippinesNetherlands government in the PhilippinesNetherlands government in the Philippinesand across the globe late this August and inand across the globe late this August and inand across the globe late this August and inand across the globe late this August and inand across the globe late this August and inearly Septearly Septearly Septearly Septearly Septemberemberemberemberember.....

Sison was arrested 28 August when he went tothe Dutch police station upon being summonedsupposedly in connection with the assassinationattempt on him. On the same day, Dutch police inplainclothes raided Sison’s home, the NationalDemocratic Front of the Philippines (NDFP) officeand the homes of eight other members and staff ofthe NDF in Utrecht, The Netherlands. Sison hadbeen in exile in The Netherlands since 1986.

Sison was being charged in The Netherlands of‘inciting to murder,’ for allegedly ordering the killingof former ranking officials of the Communist Partyof the Philippines (CPP) Romulo Kintanar in 2003,and Arturo Tabara and his son-in-law Stephen Ong,in 2004.

IntIntIntIntInternational Supporernational Supporernational Supporernational Supporernational SupportttttDutch and Filipino supporters led by the Interna-

tional Committee to Defend the Rights of Jose MariaSison (Committee Defend) and the InternationalLeague of Peoples’ Struggles (ILPS) held demonstra-tions in the Philippines, The Netherlands, New York andLos Angeles cities in the U.S., Hong Kong, Korea,Taiwan and in Europe. Various organizations in thePhilippines and around the world are gearing for moreprotests and a signature campaign to demand theimmediate release of Sison.

In a press statement, Fidel V. Agcaoili, chairman ofthe NDFP-Monitoring Committee said “Prof. Jose MariaSison is not a criminal. He is a patriot and an excep-tional freedom fighter of the Filipino working class andpeople!”

“There is an obvious conspiracy by the Philippineand Dutch governments to persecute Prof. Sisonpolitically” said Agcaoili. “This is very evident with theresurrection of trumped-up murder charges againsthim by Dutch authorities courtesy of the Governmentof the Republic of the Philippines.”

The charge was included in the rebellion case filedagainst Sison and 50 other co-accused, which thePhilippine Supreme Court dismissed in June this year.

Apart from the assassination on Tabara and

Kintanar, Dutch authorities also want Sison, who wasformer CPP Chairperson, to account for the victims ofcommunist purges in the 1980s, at the time whenSison was in solitary confinement.

DeceptionDeceptionDeceptionDeceptionDeceptionAccording to NDFP Chairperson Luis Jalandoni, “The

Dutch Police called up Prof. Sison to invite him to thepolice station because according to them there werenew developments on the complaint that he had filedin 2001.”

Sison filed a complaint regarding an assassinationplot on him by the [Joseph] Estrada regime. Sisoneven brought with him some documents pertinent tothe complaint, said Jalandoni.

“But when he arrived at the police station, he wasseparated from his three companions that included hislawyer. They learned later that Prof. Sison had beenwhisked away to a jail complex in Scheveningen on thepatently spurious charge of ordering the murder ofKintanar and Tabara,” recounts Jalandoni.

Sison has been detained incommunicado for morethan two weeks at the National Penitentiary inScheveningen, a prison complex once used by theNazis to detain Dutch resistance fighters.

Juliet de Lima, Sison’s wife, said her husband needsregular medical attention because of his heart ailmentbut she lamented that Dutch authorities had earlierprevented her to visit and bring him his medicine.

Worldwide rallies cry: free Joma Sison!

FROM MANILA TO THE NETHERLANDS: Militants trooped to Dutch consulates allover the world to demand Prof. Sison’s release. Clockwise from top left -Manila, Indonesia, Brazil, The Netherlands


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‘Conspiracy of persecution’‘Conspiracy of persecution’‘Conspiracy of persecution’‘Conspiracy of persecution’‘Conspiracy of persecution’Barely a day after denying complicity in the arrest of

Sison, Malacañang admitted that it helped the Dutchgovernment in indicting Sison by providing “evidencethat will incriminate the former CPP chairperson.”

In media interviews, National Security Adviser (NSA)Norberto Gonzales, said he is elated that the evidencehe passed on to the Dutch government is being usedby the latter against Sison.

The Philippine National Police (PNP) said they sup-plied evidence to the International Police (Interpol) forthe arrest of Sison. “It means our evidence againstSison is strong because the Dutch government ac-cepted it,” said PNP Director-General Oscar Calderon.

In the Philippines, Sison has been repeatedlycleared of criminal charges. He was cleared of rebellionand subversion charges in 1986. The charge of subver-sion that had been trumped up in 1988 was nullified in1992. In 1994, the charge of multiple murders arisingfrom the 1971 Plaza Miranda bombing was dismissedby the Manila prosecutors as something based onspeculation. In 1998 the Department of Justice issueda certification that there were no pending criminalcharges against Sison.

Sison said, “the Arroyo regime started to fabricatecharges of rebellion and common crimes againstme…but the Supreme Court has rendered null and voidthe identical false allegations of rebellion…”

Ramsey Clark offers helpRamsey Clark offers helpRamsey Clark offers helpRamsey Clark offers helpRamsey Clark offers helpFormer US Attorney General and world-renowned

human rights lawyer Ramsey Clark expressed disap-proval and deep concern over the recent arrest ofSison.

In a meeting with the New York Committee forHuman Rights in the Philippines (NYCHRP) in his Man-hattan home, Clark pledged to assist Joma by offeringto join his international defense team of lawyers

headed by JanFermon.

Clark said, “TheDutch can’tdetermine thefacts.” He ex-plained, “theDutch can’tinvestigate in thePhilippines. Theycan only rely onwhat the [Arroyo]

“This is a major breakthrough in thequest for peace and justice

shared by millions of Filipinos.This administration seeks an end to

decades of armed struggle that has keptmany rural areas inaccessible

and thus, unprogressive.”

Gloria Macapagal-ArroyoGloria Macapagal-ArroyoGloria Macapagal-ArroyoGloria Macapagal-ArroyoGloria Macapagal-Arroyo President,

Government of theRepublic of the Philippines

“The arrest of Joma only raises morequestions than answers. Whatever the

reasons, I urge those who have custodyof Joma to respect his human rights. I

fear that the arrest of Joma will be usedby the Arroyo administration to engage in

witch hunt and persecution of humanrights activists and progressivegroups. Patriots should not be

labeled as terrorists.”

Ana Consuelo “Jamby” MadrigalAna Consuelo “Jamby” MadrigalAna Consuelo “Jamby” MadrigalAna Consuelo “Jamby” MadrigalAna Consuelo “Jamby” MadrigalSenator, Government of the

Republic of the Philippines

“Sison’s arrest is a triumph of justice.”

Lt. Col. Bartolome BacarroLt. Col. Bartolome BacarroLt. Col. Bartolome BacarroLt. Col. Bartolome BacarroLt. Col. Bartolome BacarroPhilippine military spokesman

WHAT THEY SAY ABOUTJOMA’S ARREST...

turn to next page...

Former US Attorney General Ramsey Clarkpledges to defend Sison.


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government tells them, and what the [Arroyo] govern-ment wants is persecution for Jose Maria Sison.”

Clark visited Sison in the Netherlands back in 2005and has been an ardent supporter of the campaign tohave Sison de-listed from the US and European Unionterrorist lists.

Earlier this year, the European Union’s secondhighest court annulled a decision by the bloc to putSison on its terror list.

On 11 July 2007, the European Court of FirstInstance (ECFI) said that Jose Maria Sison should betaken off the EU list because there was failure torespect the right to defense when the 27-nation blocdecided to blacklist him.

ReleasedReleasedReleasedReleasedReleasedThe court ordered Sison’s release after his trial in

The Hague on 13 September, citing insufficient evi-dence to support the two murder charges filed againsthim.

After his release, the revolutionary leader in exileissued a statement thanking the Dutch, Filipino andother peoples for their solidarity and support. He alsosaid, “I am deeply pleased and thankful that theRechtsbank has decided to release me from deten-tion. You cannot imagine how happy I am. It is ex-tremely painful and humiliating to be subjected tosolitary confinement and tough interrogation underoverheated lamps. The ordeal is acute because I aminnocent of the false and politically-motivated chargeleveled against me.”

Sison said “I have nothing to do with any murder.This is against my moral and political principles. I am ateacher by profession who loves the exchange of ideastowards common understanding and practical coop-eration. I have long devoted myself to the advocacy ofhuman rights and work for a just peace in the Philip-pines.”

Consequent to the release order of theRechtsbank, Sison said he has gained some confi-dence in the Dutch legal system. “I have the opportu-nity to prove my innocence and continue to benefitfrom fair play. I feel somehow vindicated in choosingThe Netherlands as my place of refuge from persecu-tion in the Philippines.”

He says he will stay in the Netherlands and conducthis legal defense and further clear his name. “I will con-tinue to exercise my freedom to speak and other demo-cratic rights. I will continue to work for national freedom,human rights, social justice and an enduring, becausejust, peace in the Philippines,” says Sison.

Everyone who is concerned about peace andfreedom has to be greatly distressed over thearrest of Joma Sison.....Sison is a great spiritthat the world needs to know about, a greatvoice that the world needs to hear. Thedemonization [of Sison] will destroy us if wepermit it to continue.

Ramsey ClarkRamsey ClarkRamsey ClarkRamsey ClarkRamsey ClarkFormer US Attorney General andinternational human rights lawyer

“The charges againstProf. Sison for crimesthat were committedhere in the country,given that thePhilippines does nothave an extraditiontreaty with the Dutchgovernment, must bereviewed carefully lest it proves to be anotherattack on progressive forces.

If we are really to put an end to the rebellion,then the government needs to think out of thebox and explore ways of balancing a strategythat will control the encounters in thecountryside and aggressive negotiations.”

FFFFFrancis “Kikrancis “Kikrancis “Kikrancis “Kikrancis “Kiko” Po” Po” Po” Po” PangilinanangilinanangilinanangilinanangilinanSenator, Government of the Republic of thePhilippines

“This development has dire and far reachingrepercussions on the peace process in thePhilippines.

The move to arrest Joma and the subsequentraids and interrogation of NDF personnel aredone with the knowledge and prodding of thePhilippine government. We condemn both theDutch and Philippine government for theselatest attacks on the civil liberties ofprogressives based in Europe.”

BABABABABAYYYYYANANANANAN(Bagong Alyansang Makabayanor New Patriotic Alliance

WHAT THEY SAY ABOUTJOMA’S ARREST...



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JOMA FREED: Prof. Sison immediately returns to his office,comrades and revolutionary work. (Inquirer.net photo)

FREEDOM BAR

T he arrest of Jose Maria “Joma” Sison inhe arrest of Jose Maria “Joma” Sison inhe arrest of Jose Maria “Joma” Sison inhe arrest of Jose Maria “Joma” Sison inhe arrest of Jose Maria “Joma” Sison inNetherlands recalls his capture in PangasinanNetherlands recalls his capture in PangasinanNetherlands recalls his capture in PangasinanNetherlands recalls his capture in PangasinanNetherlands recalls his capture in Pangasinan

in 1in 1in 1in 1in 199999777776. 6. 6. 6. 6. We were in Montreal at the time, and we heard thedictator say that the “insurgency” was finished with Sison’scapture. Reports reached us that Sison was severelytortured and chained to his cot in solitary cell. A pictureof his haggard and unshaven face reached the anti-martial law group and soon there were silk-screenposters made with that picture and the slogan, “You canimprison a revolutionary but not the revolution.”

Sison endured the unspeakable tortures and bartolinafor 18 months (he was released along with others afterEDSA by President Aquino). Out of his travails poured forthlines of poetry smuggled out of prison—recalling an earlierrevolutionary Amado Hernandez who also wrote in hisbartolina lines of poetry secretly brought out in slips of

“cell of utter silence” to which he was “roughlyplunged.” Sison wrote, “The demons want me to feel / Blind, lost, suffocating, helpless.” The weeks andmonths that followed were all types of torture worthyof the Inquisition. “The torture does not cease / Butbecomes worse a thousand times.” But through thepain and agony,” I keep on thinking of sea gulls / Frail and magical above the blue ocean / and doves in pairsso gentle / One partner so close to the other.”

With “only bedbugs, mosquitoes, ants / cock-roaches, lizards, and spiders” as companions in hiscell, he wrote: “I miss and yearn for my beloved / Andthink of her own fate / I long for my growing children; /I long for the honest company / of workers, peasants,and comrades./ I long for the people rising / And thewide open spaces of my country.”

Those who tend to demonize or caricature therevolutionary might try a fraction of what Sison wentthrough and see if they could stay whole as Sison did inten years of Marcos’ jail.

After 20 years of living in exile, devoted principally towriting books and lecturing about the people’s strugglefor genuine social change, Sison is once again immobi-lized (but only physically) with his arrest. Once again heis in solitary in a Dutch version of Guantánamo,deprived of his basic rights as a prisoner in what wethought was a civilized and humane society. The USgovernment that has long wanted him eliminated as

The trials of Jose Maria Sisonby Elmer A. Ordoñez

...continued on page 15

paper by his intrepid wife Atang de la Rama. In thecase of Joma his beloved wife Julie de Lima was alsoimprisoned in another cell. From their rare moments ofconjugal meetings was conceived and born a son, nowa full-grown adult, as resolute as his parents in radicalpolitics.

“Fragments of a Nightmare” is one of the prison po-ems that Joma wrote. His capture is rendered in the lines:

“The demons burst through the flimsy door, Raise the din of bloodlust And sicken the sudden light. I am surrounded by armed demons Prancing and manacling me. I am wrenched from my beloved And carried on frenzied wheelsThrough the strange cold night.”

Dragged to the Palace for a meeting with the dicta-tor, Sison remembered:

“I am brought to the center of hell To the Devil and his high demons For a ritual of flashbulbs. The Devil waves away his minions And we engage in a duel of words. For a start, he talks of buying souls. Repulsed, he shifts to setting a trap for fools and

the innocent Repulsed again, he ends with a threat That he will never see me again.”

After rebuffing the dictator who wanted to make aFaust of Sison, the prisoner was blindfolded andbrought to “a sprawling fort, a certain compound” to a

Reprinted with permission of author from his 09/08/07 Manila Times column


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FREEDOM BAR

The abductors of Jonas Burgos declared The abductors of Jonas Burgos declared The abductors of Jonas Burgos declared The abductors of Jonas Burgos declared The abductors of Jonas Burgos declared “Pulis kami!”“Pulis kami!”“Pulis kami!”“Pulis kami!”“Pulis kami!” to the mall crowd who were startled to the mall crowd who were startled to the mall crowd who were startled to the mall crowd who were startled to the mall crowd who were startledby the abduction. With the two-word mantra, the criminals whisked Jonas away to be addedby the abduction. With the two-word mantra, the criminals whisked Jonas away to be addedby the abduction. With the two-word mantra, the criminals whisked Jonas away to be addedby the abduction. With the two-word mantra, the criminals whisked Jonas away to be addedby the abduction. With the two-word mantra, the criminals whisked Jonas away to be addedto the statistics of to the statistics of to the statistics of to the statistics of to the statistics of desaparecidosdesaparecidosdesaparecidosdesaparecidosdesaparecidos . The criminals might as well have recited “abrakadabra!”. The criminals might as well have recited “abrakadabra!”. The criminals might as well have recited “abrakadabra!”. The criminals might as well have recited “abrakadabra!”. The criminals might as well have recited “abrakadabra!”and “poof!” Jonas Burgos disappeared in full public view in a Metro Manila mall. and “poof!” Jonas Burgos disappeared in full public view in a Metro Manila mall. and “poof!” Jonas Burgos disappeared in full public view in a Metro Manila mall. and “poof!” Jonas Burgos disappeared in full public view in a Metro Manila mall. and “poof!” Jonas Burgos disappeared in full public view in a Metro Manila mall.

ABRAKADABRA!

The human rights groupKarapatan has documented over184 enforced disappearances ontop of the 886 activists summarilyexecuted since Gloria MacapagalArroyo took office in 2001.

In all the abductions done in full public view, there is little doubt the dastardly criminals flaunted their “abrakadabra!”powers by reciting their mantra“Pulis kami!” to give their crimea veil of legitimacy and to shooaway would-be rescuers. In allthese cases, the public stoodsilently aside because of the mistaken notion that ifthe accosting operatives are policemen, they have anindisputable authority to arrest anyone.

Contrary to this grave misconception, the rule isthat policemen do not have an inherent authority toarrest by reason alone of their uniforms and guns.Their authority to arrest arises only when either of twoexceptional circumstances are present: ONE, when thepolicemen have a warrant of arrest, and; TWO, whenthe policemen are personally in the presence of a person in the act of committing a crime.

Any policeman who takes any person into custodywithout either of the two exceptional circumstances isnot making an arrest. He is in the act of committing adastardly crime. He is the criminal.

It is true that the controversial new Anti-Terror lawgives the police the power to detain a suspectedterrorist for three days without an arrest warrant. Butthis type of a warrantless arrest requires a prior court-approved surveillance and a suspect who is commit-ting the crime of terrorism that “creates widespreadand extraordinary fear and panic among the popu-lace.” The victims of enforced disappearances andthe would-be victims addressed by this article do notrightfully belong under this category.

When the “Pulis kami!” abductors of Jonas Burgosaccosted him, they had no warrant of arrest. Jonaswas also not in the act of committing a crime. He wasonly enjoying a meal in a restaurant, for heaven’ssake. If taking a meal is a crime, thenpolicemen should rush to Congress and make a mass

arrest of all those pork-bellied Congressmen.

What are the rights of thewould-be victim and would-berescuers when they findthemselves in the midst of“Pulis kami!” operatives —impostors or genuine — whohave possibly commenced the commission of themultiple crimes of kidnap-ping/arbitrary detention,serious physical injuries andeven murder?

First, the law gives thewould-be victim the right to invoke self-defense inresisting the abduction. He can use whatever force hecan muster and whatever weapon he can lay his handson to defend himself even if in the process he inflicts fatal injuries to his would-be abductors.

Second, the law gives members of the public theright to come to the rescue of the would-bevictim under the principle of “defense of stranger.” Ifin the process of defending the would-be victim the rescuers inflict injuries — or even death if justified bythe circumstances — upon the criminals, any lawyerworth his gabardine pants can have the rescuersacquitted in whatever criminal case that is filed. Hence, if the Ever Gotesco mall guards came to Jonas’defense – and in the process a shooting incident broke out between the mall guards and the abductors— the mall guards would be acquitted of homicide ifthe abductors were killed, even if they turn out to be police or military personnel. In such an incident, theabductors are the criminals.

Third, since the “Pulis kami!” operatives are in theact of committing a crime, any member of the public can effect a citizen’s arrest on these rascals. In otherwords, it is a case of private citizens arresting police ormilitary personnel (if they really turn out to be so) whoare caught in the act of committing a crime.

It is true that these rights of “self-defense,” “de-fense of stranger,” and “citizen’s arrest” are easiersaid than done. However, the world may be a littlesafer if would-be victims and members of the public are armed with the knowledge that they have options

Atty. Joel Ruiz Butuyan

www.arkibongbayan.org


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NATIONAL [HR] NEWS

Joel Ruiz Butuyan Joel Ruiz Butuyan Joel Ruiz Butuyan Joel Ruiz Butuyan Joel Ruiz Butuyan studies, teaches, andpractices law. He is the managing partner of Roque & Butuyan Law Offices.

Editor’s Note: The FREEDOM BAR is reserved forthe advocates’ take on justice, peace and humanrights issues. Materials may be sent tokrptn_yahoo.com or [email protected].

other than freezing like a deer caught in theheadlights when an unfolding abduction stares themin the eye. Given the right circumstances, a would-be victim or a lion-hearted spectator may have theopportunity of saving one precious life whose motheris spared of the heart-wrenching tragedy of weeping and sobbing for the rest of her life; deprived of thechance to even bury the cold and bruised cadaver ofher disappeared son or daughter.

Given these rights, a would-be victim shouldscream and shout in protestation in order to alertthe public of the on-going detention. Companions ofthe would-be victim, concerned spectators, and malland establishment guards should get the names andthe unit address of the accosting operatives. Ascrupulous peace officer enforcing a legitimatearrest should know that he has nothing to fear when asked about his identity as, in fact, he is undera legal obligation to identify himself. On the otherhand, an accosting operative who refuses to divulgeeven his identity justifies the would-be victim andwould-be rescuers to have a well-grounded belief and to take a consequent course of action on thepremise that the operative is a criminal. The com-panions of the would-be victim, concerned specta-tors, and guards can call the police hotline, televi-sion and radio stations, and obtain mobile phonecamera shots of the accosting operatives andthe car plates of their get away vehicles.

There is now an atmosphere of fear resulting from the unabated enforced disappearances andextra-judicial killings. Our police and military estab-lishments officially deny that their ranks have any-thing to do with these despicable crimes. Giventhese facts, would-be victims and would-be rescuers are rightfully justified into suspecting that opera-tives unarmed with a warrant — and who attempt toaccost any person doing an ordinary daily routine —are either civilian criminals or rogue cops who areout to perpetrate a crime. Victims and rescuershave the law on their side when they exercise the fullforce of their rights.

Now, if only the Filipino people exercise their“abrakadabra” powers to make the criminals in thisgovernment disappear. But that’s another story.

The TThe TThe TThe TThe Trials ofrials ofrials ofrials ofrials of... continued from page 13

violence, invasion or rebellion, cannot automaticallysuspend the privilege of the writ of habeas corpus andif suspended, the suspension applies “only to personsjudicially charged for rebellion or offenses inherent inor directly connected with invasion”.

Thus, the general rule is that the writ, although amere privilege, cannot be revoked. Thus in all cases,the abducted, the detained or those restrained of theirliberties should be produced when the writ of habeascorpus is issued, except for those charged with rebel-lion but only when martial law has been declared.

How strong is the writ against abductions?How strong is the writ against abductions?How strong is the writ against abductions?How strong is the writ against abductions?How strong is the writ against abductions?

Our experience on the ground is that the effective-ness of the writ is still largely dependent on the goodfaith of the authorities (i.e. the military and police) toshow the body. In practice, a mere denial of custodyleaves the petition dead and the court helpless inimposing its order. As one Supreme Court justicerhetorically asked, “can a judge cite a general incontempt?”

Rights 1Rights 1Rights 1Rights 1Rights 10000011111... continued from page 18


“communist terrorist” hasoffered to assist theDutch government pros-ecute Sison. No less thanthe ambassador hasmade US interventionpatent. Need she bereminded that hercountry’s FoundingFathers were seen asterrorists by the British.

On the other, formerUS Attorney GeneralRamsey Clark has offeredto help defend Sison.

Clark said to fellowAmericans: “Sison is agreat spirit that the worldneeds to know, a greatvoice that the world needs to hear. The demonization[of him] will destroy us if we permit it to continue.” Hehas kept faith with the libertarian ideals of the Found-ing Fathers. He called the Human Security Act of thiscountry a copy of the US Patriot Act—seen universallyas an instrument of state terror.



The revolutionary is not a terrorist, saysinternationally acclaimed Filipino novelistRosca of Sison, her book’s subject. Photofrom www.openhand.com


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NATIONAL [HR] NEWS

A human rights summitA human rights summitA human rights summitA human rights summitA human rights summit initiated by the Supremeinitiated by the Supremeinitiated by the Supremeinitiated by the Supremeinitiated by the SupremeCourt echoed the growing calls for PresidentCourt echoed the growing calls for PresidentCourt echoed the growing calls for PresidentCourt echoed the growing calls for PresidentCourt echoed the growing calls for PresidentGloria Macapagal-Arroyo to order a stop toGloria Macapagal-Arroyo to order a stop toGloria Macapagal-Arroyo to order a stop toGloria Macapagal-Arroyo to order a stop toGloria Macapagal-Arroyo to order a stop topolitical killings and for the enhancement ofpolitical killings and for the enhancement ofpolitical killings and for the enhancement ofpolitical killings and for the enhancement ofpolitical killings and for the enhancement oflaws that would effectively render justice tolaws that would effectively render justice tolaws that would effectively render justice tolaws that would effectively render justice tolaws that would effectively render justice tovictims of human rights atrocities.victims of human rights atrocities.victims of human rights atrocities.victims of human rights atrocities.victims of human rights atrocities.

The Supreme Court convened the two-day activitydubbed the “National Consultative Summit on Extraju-dicial Killings and Forced Disappearances” on July 16and 17 at the Manila Hotel to address the deteriorat-ing state of human rights in the country.

Ironically, human rights watchdogs, cause-orientedorganizations and interfaith groups – many of whosemembers are victims of extrajudicial killings and en-forced disappearances –had to lobby hard on the eveof the event for them to be given a chance to partici-pate.

In his keynote address, Chief Justice Reynato Punosaid the judiciary decided “to unsheathe its unusedpower to enact rules to protect the constitutional rightsof our people, the first and foremost of which is theright to life itself.”

On the summit’s first day, each of the participantsgave a 10-minute presentation of their analysis andsolutions to the problem. Among the speakers wereKarapatan Chairperson Dr. Edelina Dela Paz, CatholicBishop Deogracias Iñiguez, Prof. Luis Teodoro whospoke on behalf of media, and Nilda Sevilla of FIND.

The representatives of the government were Com-missioner Jose Melo of the Melo Commission, AFPChief of Staff Hermogenes Esperon, Rep. Teddy-BoyLocsin, Justice Secretary Raul Gonzales, CHR Commis-sioner Lourdes Quisumbing and police chief OscarCalderon.

Before some 300 summit participants, Dr. dela Pazsaid: “While we welcome this summit and we for-warded our recommendations on the rules and proce-dures of the court, still, the bottom line is unless thestate policy Oplan Bantay Laya of the Arroyo regime isstopped, then there will be no substantial solutionsand the extrajudicial executions and enforced disap-pearances will certainly continue.”

On the summit’s second day, the participants weredivided into groups, each led by a SC justice and withrepresentatives from the military, police, legislature,progressive groups and the international community.

Supreme Court convenes summit onextrajudicial killings and disappearances

All the groups ac-knowledged the impor-tance of genuine peacenegotiations as a meansto solve the rash ofextrajudicial killings andenforced disappearances that have claimed hundredsof lives and brought the Philippines heavy internationalscrutiny and criticism.

Political analysts say that the high court’s move toconvene a human rights summit is an admission thatthere is an affront to the rule of law and that thefailure of the country’s criminal justice system toprovide succor to the victims of crimes against human-ity forced their families and human rights groups toknock at the doors of the international community forintervention.

According to Prof. Bobby Tuazon of the Policy Study,Publication and Advocacy of the Center for PeopleEmpowerment and Governance (CenPEG) said “Morepetrifying to the magistrates, the victims and their kinhave lost hope in the justice system precisely becausethe system – specifically many of its investigators andadjudicators – had been prejudicial to them.”

On a positive note, Tuazon said that this first steptaken by the judiciary toward the search for justice andredress “is a good enough move that warrants a shoveby all non-state institutions and organizations strugglingfor a just and humane society.”

by Ruth Cervantes


KARAPATAN Chair Dr. Edelina delaPaz (top) presented the state ofhuman rights in the country tothe members of the Supreme Courtand summit participants (topright). Various sectoral groupstrooped to the summit (bottomright). Photos by KRA Guda(Pinoy Weekly) andarkibongbayan.org


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NATIONAL [HR] NEWS

Methodist Church mark first death anniversaryMethodist Church mark first death anniversaryMethodist Church mark first death anniversaryMethodist Church mark first death anniversaryMethodist Church mark first death anniversaryof martyred pastor Isaias Sta. Rosaof martyred pastor Isaias Sta. Rosaof martyred pastor Isaias Sta. Rosaof martyred pastor Isaias Sta. Rosaof martyred pastor Isaias Sta. Rosaby Ruth Cervantes

MANILA – Candles were lighted, flowers offeredMANILA – Candles were lighted, flowers offeredMANILA – Candles were lighted, flowers offeredMANILA – Candles were lighted, flowers offeredMANILA – Candles were lighted, flowers offeredand scriptures exhorted at the Central Unitedand scriptures exhorted at the Central Unitedand scriptures exhorted at the Central Unitedand scriptures exhorted at the Central Unitedand scriptures exhorted at the Central UnitedMethodist Church (UMC) in Manila to commemo-Methodist Church (UMC) in Manila to commemo-Methodist Church (UMC) in Manila to commemo-Methodist Church (UMC) in Manila to commemo-Methodist Church (UMC) in Manila to commemo-rate the first death anniversary of martyred pastorrate the first death anniversary of martyred pastorrate the first death anniversary of martyred pastorrate the first death anniversary of martyred pastorrate the first death anniversary of martyred pastorIsaias Sta. Rosa on 3 August.Isaias Sta. Rosa on 3 August.Isaias Sta. Rosa on 3 August.Isaias Sta. Rosa on 3 August.Isaias Sta. Rosa on 3 August.

The memorial service to remember the life and serviceof Pastor Sta. Rosa was held at the church and wasfollowed by a candle-lighting ceremony at the nearby PlazaSalamanca to protest the unresolved cases of extra-judicialkillings and enforced disappearances under the Arroyoregime.

At the ceremony attended by some 60 people, UMCBishop Solito Toquero said, “Justice may not be servedtoday but justice will definitely prevail.”

A tearful Jonathan Sta. Rosa, the pastor’s youngerbrother said, “President Arroyo and her military are

responsible for mybrother’s death.”He said that if thegovernment willcontinue with thispolicy of extrajudi-cial killings, theirfamily and otherslike them will continue to fight for justice.

Sta. Rosa, known as a “Pastor of the Poor,” was slainlast year by members of the Philippine Army’s 19thInfantry Division. One of his assailants, who died besidehim apparently from ‘friendly fire’, was identified as Pfc.Lordger Pastrana. Recovered from Pastrana’s body washis identification card and a mission order dated July 11,2006, issued by the same military unit and signed byMajor Ernest Marc Rosal.

Deputy Minority Leader and Bayan Muna Rep.Deputy Minority Leader and Bayan Muna Rep.Deputy Minority Leader and Bayan Muna Rep.Deputy Minority Leader and Bayan Muna Rep.Deputy Minority Leader and Bayan Muna Rep.Satur Ocampo assailed National Security AdviserSatur Ocampo assailed National Security AdviserSatur Ocampo assailed National Security AdviserSatur Ocampo assailed National Security AdviserSatur Ocampo assailed National Security AdviserNorberto Gonzales and Presidential Adviser on theNorberto Gonzales and Presidential Adviser on theNorberto Gonzales and Presidential Adviser on theNorberto Gonzales and Presidential Adviser on theNorberto Gonzales and Presidential Adviser on thePeace Process Jesus Dureza for including pro-Peace Process Jesus Dureza for including pro-Peace Process Jesus Dureza for including pro-Peace Process Jesus Dureza for including pro-Peace Process Jesus Dureza for including pro-gressive party list representatives in the coveragegressive party list representatives in the coveragegressive party list representatives in the coveragegressive party list representatives in the coveragegressive party list representatives in the coverageof Malacañang’s proposed amnesty to communistof Malacañang’s proposed amnesty to communistof Malacañang’s proposed amnesty to communistof Malacañang’s proposed amnesty to communistof Malacañang’s proposed amnesty to communistrebels.rebels.rebels.rebels.rebels.

“It is malicious for Gonzales and Dureza to includeprogressive party list representatives in the coverage of theproposed amnesty program,” Ocampo said. The proposal,according to the solon is consistent with the red-baitingtactics of Malacañang against progressives.

Ocampo pointed out that “Gonzales and Dureza shouldknow that the Makati Regional Trial Court Branch 150 onJuly 10 junked the Palace-fabricated rebellion case againstme and 50 co-accused.” The dismissal came after theSupreme Court ordered the RTC on June 1 to dismiss thecase.

Gonzales has owned responsibility for the preparationof the rebellion case as head of the Inter-Agency LegalAction Group (IALAG).

On 4 September 2007, Gonzales and Dureza claimedthat “the amnesty could extend to leftist party-list repre-sentatives led by Satur Ocampo of the Bayan Muna party-list group as it cover the rebellion and other crimes relatingto the pursuit of political beliefs.”

Gonzales said that the amnesty would also cover the “le-gal fronts” of the Communist Party of the Philippines–New

Satur slams inclusion of party list solons inGMA’s proposed amnesty

People’s Army–National Democratic Front. “When we saypolitical beliefs, the amnesty we are talking about is limitedto the CPP-NPA-NDF and derivatives,” Gonzales said.

Ocampo also raised serious concern on the inclusion ofso-called “legal fronts” in the amnesty program.

“Under the guise of a so-called amnesty proclamation, isMalacañang reviving the anti-subversion law?” Ocampo said.

In the first quarter of 2005, the Armed Forces of thePhilippines released a PowerPoint presentation titled“Knowing the Enemy” and its Northern Luzon Command(NOLCOM) came up with a similar PowerPoint, both taggingprogressive party lists and people’s organizations as so-called “legal fronts” of the CPP.

As a result of tagging and vilification, more than 800Filipinos were arbitrarily killed in the course of internalsecurity operations.

Ocampo dismissed the proposed amnesty as a“counter-insurgency ploy in light of the government’sdeclared goal to ‘finish’ by 2010 the Left insurgencythrough strategically defeating the New People’s Army, itsscuttling of the GRP-NDFP peace negotiations made worseby the arrest of chief political consultant Jose Ma. Sisonand raids on the NDFP International Office and the houseof Louie Jalandoni, head of the NDFP peace panel.”

Ocampo stressed that “amnesty to be meaningful mustform part of a comprehensive peace agreement and not aunilateral act of government in an ongoing armed conflict.”




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RIGHTS 101

Is the court strict on the form of the petitionIs the court strict on the form of the petitionIs the court strict on the form of the petitionIs the court strict on the form of the petitionIs the court strict on the form of the petitionfor a writ of for a writ of for a writ of for a writ of for a writ of habeas corpus?habeas corpus?habeas corpus?habeas corpus?habeas corpus?

No. It is enough that the allegations of restraint arethere and the persons asked to produce the body aredefinite even if not named. Any defect in the petition isnot a ground for the dismissal of the same.

However, requiring the petition to be filed in thecourt with the territorial jurisdiction of the place ofcustody makes habeas corpus cases difficult sinceexperience shows that military abductors move theirvictims from one place to another. In essence thistransferring is a way of perpetrating impunity.

Has this remedy been always available?Has this remedy been always available?Has this remedy been always available?Has this remedy been always available?Has this remedy been always available?

The writ of habeas corpus is an ornamental remedyand is more practiced in the breach especially whenthe state exercises its coercive powers. That is why it iscalled a privilege, something which is given but is notinherent, which means that it can be revoked or takenback

The writ was suspended in the United States sev-eral times in the past. One of the more infamousincidents was the herding of Japanese-American intocamps during the Second World War, where they weredenied the remedy of habeas corpus.

After the World War II, the Philippine governmentsuspended the privilege of the writ of habeas corpustwice – during the Quirino presidency and the martiallaw period under the Marcos dictatorship.

Pres. Gloria Macapagal-Arroyo also attempted tosuspend this indirectly with her infamous Proclamation1017 and has now diluted the privilege via the notori-ous Human Security Act.

What does the 1What does the 1What does the 1What does the 1What does the 198989898987 Constitution sa7 Constitution sa7 Constitution sa7 Constitution sa7 Constitution say on they on they on they on they on theprivilege of the writ of privilege of the writ of privilege of the writ of privilege of the writ of privilege of the writ of habeas corpushabeas corpushabeas corpushabeas corpushabeas corpus?????

Article VII, Section 18 of the Constitution declares inpart that the declaration of martial law which can onlybe made when there is need to suppress lawless

by Atty. Rex J. M.A. Fernandez

... continued to page 15

WHAT IS HABEAS CORPUS?WHAT IS HABEAS CORPUS?WHAT IS HABEAS CORPUS?WHAT IS HABEAS CORPUS?WHAT IS HABEAS CORPUS?

The relief or the order issued by the court is calledthe writ of habeas corpus. The word writ is an oldEnglish word for an order that is written.

The words habeas corpus are Latin words. Habeas isthe second person singular of the infinitive Latin wordhabere, which in English is “to have” while corpus is anoun in the nominative declension which means “body.”

In short, the writ of habeas corpus is a court ordersaying: “You have the body, present it to the Court.”

Why “the body” and not “the person”?Why “the body” and not “the person”?Why “the body” and not “the person”?Why “the body” and not “the person”?Why “the body” and not “the person”?

The court asks for the missing person’s body tosignify that it is the physical body and not any of itsmanifestation, writings, or thoughts that is essential inthis remedy and which has to be presented to thecourt. It also shows that the court does not distinguishif the missing person is alive or dead.

How important is How important is How important is How important is How important is habeas corpushabeas corpushabeas corpushabeas corpushabeas corpus in our litany of in our litany of in our litany of in our litany of in our litany ofremedies?remedies?remedies?remedies?remedies?

The remedy of habeas corpus is so importantbecause it is used to protect a person’s freedom andliberty. As aptly stated by an American hero, “Give meliberty or give me death.”

Such a remedy is important in the Philippines,especially under a regime where the people’s libertiesand rights are expendable and play second fiddle tonational security considerations. The increasingnumber of desaparecidos is evidence of the Arroyoregime’s dangerous national security mentality.

What is this deprivation of liberty in What is this deprivation of liberty in What is this deprivation of liberty in What is this deprivation of liberty in What is this deprivation of liberty in habeashabeashabeashabeashabeascorpuscorpuscorpuscorpuscorpus?????

The Supreme Court has several times enunciated thatthe deprivation or restraint of liberty does not need ac-tual physical restraint. It can be a moral or psychologicalcircumstance wherein the person so deprived becomesso fearful that it effectively restrains a person of his orher liberty. A threat that one’s family will be killed if oneescapes is already enough restraint of liberty to warranta writ of habeas corpus.

Habeas corpusHabeas corpusHabeas corpusHabeas corpusHabeas corpus is a very old remedy against unlawful deprivation is a very old remedy against unlawful deprivation is a very old remedy against unlawful deprivation is a very old remedy against unlawful deprivation is a very old remedy against unlawful deprivationor restraint of liberor restraint of liberor restraint of liberor restraint of liberor restraint of libertytytytyty. It is as a relief af. It is as a relief af. It is as a relief af. It is as a relief af. It is as a relief af ffffforororororded bded bded bded bded by the coury the coury the coury the coury the court tt tt tt tt to ano ano ano ano anindividual who has suffered the heavy hand of the sovereign orindividual who has suffered the heavy hand of the sovereign orindividual who has suffered the heavy hand of the sovereign orindividual who has suffered the heavy hand of the sovereign orindividual who has suffered the heavy hand of the sovereign orsome other powerful person.some other powerful person.some other powerful person.some other powerful person.some other powerful person.


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FOOTNOTES FROM THE PAST

Call to fight for freedom rings louderby Dee Ayroso

On the 111th year of the Cry of Pugadlawin

which represents interests only of foreign powersand the local landlord-comprador elite. Like thepreceding regimes, the Arroyo administration isridden with graft and corruption and implementspolicies which favor transnational companies andforeign governments more than its own people.Officials of the regime continue the bureaucratictradition of enriching themselves from selling thenational patrimony, exacting exorbitant taxes whiledepriving the people of meaningful governmentservices.

The worsening extrajudicial killings, enforceddisappearance and other human rights violations inthe six years under Arroyo reflects her government’sdisregard for human rights and the desperate use offorce to stay in power.

After 111 years, many Filipinos are still heedingBonifacio’s call to join the fight against the oppres-sive system and work towards setting up a demo-cratic government which respects human rights andis truly representative of the Filipino people.

Bonifacio had called for a meeting on 24 August inBalintawak, amidst reports that the guardia civil wereon their tail. On 23 August, more than 1,000 peoplehad assembled as more Katipuneros arrived. It wasat this point that Bonifacio asked everyone as-sembled to tear their cedulas as a symbol of theirresolve to fight the Spanish colonizers.

“Mabuhay ang Pilipinas! (Long live the Philippines!),the Katipuneros shouted with one voice, marking theCry of Pugadlawin.

The following day, the leaders of the Katipunanfinalized the plan to attack Intramuros in the midnightof 29 August. But even before the said date came,groups of revolutionaries had separate clashes withthe guardia civil. On 27 August, Bonifacio came outwith a manifesto rousing Filipinos everywhere to joinin a simultaneous attack on all Spanish garrisons,offices, storage houses and other facilities. In thefollowing days, Katipuneros in Luzon and Visayas,armed only with bolos and a few guns, launchedassaults on the Spanish enemy, and spread the fireof the revolution throughout the archipelago.

Bonifacio and the 1896 revolutionaries struggledfor the Filipino people’s right to self-determinationwhich, as the Algiers Declaration1 put it, is an “impre-scriptible and unalienable right” of every people.“Every people has the right to break free from anycolonial or foreign domination, whether direct orindirect, and from any racist regime,” states Article 6of the Declaration.

Today, the Katipuneros’ call for freedom rings evenlouder as modern-day Filipinos are still shackled byworsening poverty and oppression not very differentfrom that in Bonifacio’s time, under a government

OOOOOn August 22, 1896, Katipunan leadersn August 22, 1896, Katipunan leadersn August 22, 1896, Katipunan leadersn August 22, 1896, Katipunan leadersn August 22, 1896, Katipunan leadersAndres Bonifacio and his brotherAndres Bonifacio and his brotherAndres Bonifacio and his brotherAndres Bonifacio and his brotherAndres Bonifacio and his brother

PrPrPrPrProcopio, Emilio Jacintocopio, Emilio Jacintocopio, Emilio Jacintocopio, Emilio Jacintocopio, Emilio Jacinto, To, To, To, To, Teodoreodoreodoreodoreodoro Plata,o Plata,o Plata,o Plata,o Plata,AAAAAguedo del Rguedo del Rguedo del Rguedo del Rguedo del Rosario, Pio Vosario, Pio Vosario, Pio Vosario, Pio Vosario, Pio Valenzuela andalenzuela andalenzuela andalenzuela andalenzuela andsome 500 Katipuneros arrived at the homesome 500 Katipuneros arrived at the homesome 500 Katipuneros arrived at the homesome 500 Katipuneros arrived at the homesome 500 Katipuneros arrived at the homeof Juan A. Aquino, son of Melchora Aquino,of Juan A. Aquino, son of Melchora Aquino,of Juan A. Aquino, son of Melchora Aquino,of Juan A. Aquino, son of Melchora Aquino,of Juan A. Aquino, son of Melchora Aquino,or Tor Tor Tor Tor Tandang Sora, in Pugadlaandang Sora, in Pugadlaandang Sora, in Pugadlaandang Sora, in Pugadlaandang Sora, in Pugadlawin. Newin. Newin. Newin. Newin. News hadws hadws hadws hadws hadspread that the secret society had beenspread that the secret society had beenspread that the secret society had beenspread that the secret society had beenspread that the secret society had beendiscovered by the Spanish authorities anddiscovered by the Spanish authorities anddiscovered by the Spanish authorities anddiscovered by the Spanish authorities anddiscovered by the Spanish authorities andmany had been arrested in the ensuingmany had been arrested in the ensuingmany had been arrested in the ensuingmany had been arrested in the ensuingmany had been arrested in the ensuingcrackdown on the revolutionaries.crackdown on the revolutionaries.crackdown on the revolutionaries.crackdown on the revolutionaries.crackdown on the revolutionaries.

SourcesSourcesSourcesSourcesSources :

History of the Filipino PeopleHistory of the Filipino PeopleHistory of the Filipino PeopleHistory of the Filipino PeopleHistory of the Filipino People,Teodoro A. Agoncillo(Footnotes)

1 Universal Declaration of the Rights of theUniversal Declaration of the Rights of theUniversal Declaration of the Rights of theUniversal Declaration of the Rights of theUniversal Declaration of the Rights of thePeople tPeople tPeople tPeople tPeople to Self-Deo Self-Deo Self-Deo Self-Deo Self-Dettttterminationerminationerminationerminationermination, Algiers, 1976


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While sipping what’s believed to be miraculous water from the spring of the Virgin’s refuge inEphesus, while we stopped briefly in our travels in Turkey, I failed to appreciate thoroughlyLorena Santos’ plea for the Arroyo regime to surface her father, Leo Velasco,forcibly “disappeared” by the secret agents of the Armed Forces of the Philippines….

While watching the dancing dervishes of Konya, a religious sect ordered by Kemal Ataturk notto politicize religion in order to advance the newly-founded secular state,Rumi’s aphorism popped up: “If you are with everyone but me, you are with no one; if you arewith no one but me, you are with everyone….”

Unavailing, the disappeareds remain “no show”—Jonas Burgos, Sherlyn Cadapan, Karen Empeño —how come, Rumi, even though you’re here, no surfacing’s allowed?

Drowned in TV trivia while snuggled into a hotel in Izmir, distracted by Richard Gere’s kissingan Indian actress (does she look like Ruffa?), or by the orgies of Paris Hilton and Britney Spears,these spectacles banished the thought of the extra-judicial killing of Diosdado Fortuna, Ricardo Ramos,Lizelda Estorba-Cunado, and hundreds of victims of the Bush-Arroyo collusion….

Jeeezus, I almost forgot Alice Claver, Juvy Magsino and Leima Fortu while the petty bourgeois crowd inAnkara fuzz over Harry Potter & the Deathly Hallows and the latest gossipover O. J. Simpson’s potboiler If I Did It… Empathizing or definitely afflicted?

And in Antalya, schmoozing with Britney Spears and Catherine Zeta-Jonestitillated by the belly-dancers’ gyrations in rhythm with the lusty waves of the Mediterraneanpurged from consciousness are the sacrifices of Cathy Alcantara, Audie Lucero and many otherswho followed—corpses without names except for KARAPATAN’s painstaking endeavor….

And in the shadow of the Blue Mosque in Istanbul, far from the mosaics of angels and saints inthe shrouded caves of Cappadocia, I tried to adjust Rumi’s riddle:If you are with Mario Auxilio or Eden Marcellana, and no one else,You are also with the entire community judging and destroying the fascist State….

Even if only with the presence of a single abused person, like Lourdes Rubrico, even thoughyou’ve been seduced by the beguiling smile of the two Medusas on the marble pillars of theCistern of Hagia Sophia, you’ll be forever hounded by those throbbing memories, soaked withpain and sorrows suffered and endured—you’ll be pursued by those widowed and orphanedwherever you roam, plunged in the ruins of the Roman and Ottoman empires, the rubble of theFrench or British empires—Ozymandias, gaze at the vast wasteland around you!

Or wherever you happen to find yourself in whatever corner of the US empire of capital, you’llbe pursued by the coiled halo of the goddesses overflowing with blessings from Naturebereft of greed and covetousness and cruelty, the armed angels of justice and the revolutionary masses….

Literary

JEEZUS, I ALMOST FORGOT, COMRADES MARIE & RUTHJEEZUS, I ALMOST FORGOT, COMRADES MARIE & RUTHJEEZUS, I ALMOST FORGOT, COMRADES MARIE & RUTHJEEZUS, I ALMOST FORGOT, COMRADES MARIE & RUTHJEEZUS, I ALMOST FORGOT, COMRADES MARIE & RUTH-----E. San Juan, Jr.*

(Originally written in Filipino; translation provided by author)

*E. San Juan Jr.*E. San Juan Jr.*E. San Juan Jr.*E. San Juan Jr.*E. San Juan Jr. is a writer, poet, and an expert in the areas of social theory, race studies, and on the specificsubject of the history of Filipinos. The leading authority on Philippines-U.S. literary studies, San Juan published bookstitled “After PostColonialism: Remapping Philippines-US Confrontations,” “IN THE WAKE OF TERROR: Class, Race, Nation,

Ethnicity in the Postmodern World,” and “FROM EXILE TO DIASPORA: Versions of the Filipino Experience” among others.San Juan gave in to the editor’s request for a poem on the subject of human rights for this special issue of the FHR.

fhr3 07 final - karapatan · pressly provide for the writ of amparo, the supreme court, in issuing...

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