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... continued to page 3 WHA WHA WHA WHA WHAT’S IN A NAME? A L T’S IN A NAME? A L T’S IN A NAME? A L T’S IN A NAME? A L T’S IN A NAME? A LOT. As members of the party list group Bayan Muna (People First) have found out in the last seven years, being associated with the progressive party is enough to put one’s life on the line. From January 2001 to July 2007, at least 134 members and leaders of Bayan Muna have fallen victim to extrajudicial killings, making it the organi- zation with the most number of victims. At least 14 have been abducted and remain missing. In both urban and rural areas, the party list and its members are subjected to a well-organized, nationwide vilification campaign by the Armed Forces of the Philippines (AFP). Soldiers, para- military units and vigilante groups have gone house to house, village to village, publicly demanding that Bayan Muna supporters “clear their names” or “surrender.” Some of the party’s regional offices have either been raided, bombed or burned down. In 2005, the by Lovella de Castro FHR FOR HUMAN RIGHTS Philippines, April - June 2007 Vol. 3, No. 2 PhP 20
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Page 1: FOR HUMAN RIGHTS · Bayan Muna provincial office in Northern Samar was lobbed with a homemade Molotov bomb with a military newsletter used as the bomb’s wick. In nearby Eastern

... continued to page 3

WHAWHAWHAWHAWHAT’S IN A NAME? A LT’S IN A NAME? A LT’S IN A NAME? A LT’S IN A NAME? A LT’S IN A NAME? A LOOOOOTTTTT.....

As members of the party list group Bayan Muna(People First) have found out in the last seven years,being associated with the progressive party isenough to put one’s life on the line.

From January 2001 to July 2007, at least 134members and leaders of Bayan Muna have fallenvictim to extrajudicial killings, making it the organi-zation with the most number of victims. At least 14have been abducted and remain missing.

In both urban and rural areas, the party list andits members are subjected to a well-organized,nationwide vilification campaign by the ArmedForces of the Philippines (AFP). Soldiers, para-military units and vigilante groups have gone houseto house, village to village, publicly demanding thatBayan Muna supporters “clear their names” or“surrender.”

Some of the party’s regional offices have eitherbeen raided, bombed or burned down. In 2005, the

by Lovella de Castro

FHRFOR HUMAN RIGHTSPhilippines, April - June 2007Vol. 3, No. 2 PhP 20

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COVER STORYCOVER STORYCOVER STORYCOVER STORYCOVER STORYBayan Muna: a battlecry lives onBayan Muna: a battlecry lives onBayan Muna: a battlecry lives onBayan Muna: a battlecry lives onBayan Muna: a battlecry lives on

FEAFEAFEAFEAFEATURE STTURE STTURE STTURE STTURE STORORORORORYYYYY‘Coercion, corruption and violence’‘Coercion, corruption and violence’‘Coercion, corruption and violence’‘Coercion, corruption and violence’‘Coercion, corruption and violence’People’s IOM reports irregularities,People’s IOM reports irregularities,People’s IOM reports irregularities,People’s IOM reports irregularities,People’s IOM reports irregularities,rights abuses at 200rights abuses at 200rights abuses at 200rights abuses at 200rights abuses at 2007 polls7 polls7 polls7 polls7 polls

REGULARSREGULARSREGULARSREGULARSREGULARSFFFFFREEDOMREEDOMREEDOMREEDOMREEDOM B B B B BARARARARAR

Save Filipino Lives Instead of Face,Save Filipino Lives Instead of Face,Save Filipino Lives Instead of Face,Save Filipino Lives Instead of Face,Save Filipino Lives Instead of Face,HKHKHKHKHKCAHRPP StatCAHRPP StatCAHRPP StatCAHRPP StatCAHRPP Statementementementementement

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

Canadadians condemn attacks againstCanadadians condemn attacks againstCanadadians condemn attacks againstCanadadians condemn attacks againstCanadadians condemn attacks againstjournalists in the Philippinesjournalists in the Philippinesjournalists in the Philippinesjournalists in the Philippinesjournalists in the Philippines

Sri Lanka Red Cross volunteersSri Lanka Red Cross volunteersSri Lanka Red Cross volunteersSri Lanka Red Cross volunteersSri Lanka Red Cross volunteersabducted and killedabducted and killedabducted and killedabducted and killedabducted and killed

European Committee of Social Rights saysEuropean Committee of Social Rights saysEuropean Committee of Social Rights saysEuropean Committee of Social Rights saysEuropean Committee of Social Rights saysPortugal tolerating violence against childrenPortugal tolerating violence against childrenPortugal tolerating violence against childrenPortugal tolerating violence against childrenPortugal tolerating violence against children

IIIIINTERNNTERNNTERNNTERNNTERNAAAAATIONTIONTIONTIONTIONALALALALAL F F F F FEAEAEAEAEATURETURETURETURETURE

Jailed Cuban patriots must be set freeJailed Cuban patriots must be set freeJailed Cuban patriots must be set freeJailed Cuban patriots must be set freeJailed Cuban patriots must be set free

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

Human rights defenders attacked in Iloilo:Human rights defenders attacked in Iloilo:Human rights defenders attacked in Iloilo:Human rights defenders attacked in Iloilo:Human rights defenders attacked in Iloilo:one injured, two missingone injured, two missingone injured, two missingone injured, two missingone injured, two missing

Army kills three peasants in NegrosArmy kills three peasants in NegrosArmy kills three peasants in NegrosArmy kills three peasants in NegrosArmy kills three peasants in Negros

SC junks rebellion case vs. Batasan 6SC junks rebellion case vs. Batasan 6SC junks rebellion case vs. Batasan 6SC junks rebellion case vs. Batasan 6SC junks rebellion case vs. Batasan 6

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?

FFFFFOOTNOTESOOTNOTESOOTNOTESOOTNOTESOOTNOTES FROMFROMFROMFROMFROM THETHETHETHETHE P P P P PASTASTASTASTAST

June 12, 1898: DeclarationJune 12, 1898: DeclarationJune 12, 1898: DeclarationJune 12, 1898: DeclarationJune 12, 1898: Declarationof Subservienceof Subservienceof Subservienceof Subservienceof Subservience

LLLLLITERARYITERARYITERARYITERARYITERARY

The Storm by Chikoy PuraThe Storm by Chikoy PuraThe Storm by Chikoy PuraThe Storm by Chikoy PuraThe Storm by Chikoy Pura

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Any part of this magazine may be reproduced with thepermission of the publisher. The publisher reservesthe right to accept or reject editorial or advertisingmaterial. Unsolicited manuscripts, photographs andartwork will not be returned unless accpompanied byself-addressed stamped envelopes. Publisherassumes no responsibility for unsolicited material.

Vol. 3 No. 2 Apri l - June 2007Vol. 3 No. 2 Apri l - June 2007Vol. 3 No. 2 Apri l - June 2007Vol. 3 No. 2 Apri l - June 2007Vol. 3 No. 2 Apri l - June 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]

website: www.karapatan.org

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CONTENTS

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COVER STORY

BAYAN MUNABAYAN MUNABAYAN MUNABAYAN MUNABAYAN MUNA: a battlecry lives on: a battlecry lives on: a battlecry lives on: a battlecry lives on: a battlecry lives on

Bayan Muna provincial office in Northern Samarwas lobbed with a homemade Molotov bomb with amilitary newsletter used as the bomb’s wick. Innearby Eastern Samar, the provincial office wasburned down. The party’s provincial office in Tarlac,Central Luzon was also burned down in 2006.

AltAltAltAltAlternativernativernativernativernative Lefe Lefe Lefe Lefe Left part part part part partytytytyty

It is not difficult to see who are behind theseattacks and why it is being done.

Formed in 1999 to represent the impoverished,oppressed and marginalized sectors of Philippinesociety, Bayan Muna’s members include ordinaryworkers, farmers, fisherfolk, urban poor, indigenouspeoples, women, youth, professionals and smallentrepreneurs.

It’s mass character and definitively Left politicsputs it at odds with the traditional forces that havelorded it over Philippine politics – big business andlandlord interests, political dynasties, corrupt politi-cians and government officials, the police andmilitary establishment. These are very powerfulforces that are most resistant to the politics ofpeople empowermentand social change thatthe party espouses.

Bayan Muna’s mem-bers and elected repre-sentatives are amongthe Arroyo regime’sstaunchest critics andhave actively sought thePresident’s impeach-ment, resignation orouster.

The party’s progres-sive vision has earnedfor its members the tag“enemies of the state”as far as the Arroyoregime and its military isconcerned. OplanBantay Laya (OBL) or

Operation Plan Freedom Watch, the AFP’s counter-insurgency program, considers Bayan Muna as acommunist “front organization” and is thus a targetfor “neutralization.”

Despite this, the party has managed to top the2001 and 2004 party list elections, garnering themaximum three seats in the House of Representa-tives. In the recent 2007 polls, it placed second,getting enough votes for three seats if not for aCOMELEC (Commission on Elections) ruling thatlimited all party list groups, except the number oneplacer, to only two seats per party.

Attacks on Bayan MunaAttacks on Bayan MunaAttacks on Bayan MunaAttacks on Bayan MunaAttacks on Bayan Muna

The first victim of the politically-motivated killingsunder the Arroyo regime was Bayan Muna organizerRamon Ternida, 20, who was gunned down on 15April 2001, at Bgy. Masipit, Calapan City, MindoroOriental. From then on, more prominent partyleaders, including elected public officials, werekilled.

On 13 February 2004, a few months before theMay 2004 elections, Naujan Vice Mayor Atty. Juvy

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COVER STORY

Magsino was gunned down together with BayanMuna member Leima Fortu in Naujan town,Mindoro Oriental. The crime happened half a kilo-meter away from a detachment of the Army’s 204thInfantry Brigade. Prior to the incident, Magsino wasthe subject of military threats and harassment dueto her active campaign against the heavy troopdeployment and operations in Mindoro Island.

On 3 March 2005, Tarlac City Councilor andBayan Muna provincial chairpersonAbelardo Laderawas also killed. Ladera took an active role in theworkers’ and peasants’ struggle at the HaciendaLuisita. Prior to the incident, a powerpoint presenta-tion prepared by AFP Northen Luzon Commandidentified Ladera as “a top-ranking member of theCommunist Party of the Philippines” and thus a

target for neutraliza-tion.

Rodolfo Alvarado,Bayan Muna 6th nomi-nee for Congress in the2004 elections, wasgunned down near hishome on 31 December2006. Rodolfo was inhis car when he wasshot.

The most recentvictim was Mario“Mayong” Auxilio,Secretary General ofBayan Muna-Bohol. Hewas shot on 15 June2007. Mayong suc-cumbed to threegunshot wounds twodays later.

“Legal offensive”“Legal offensive”“Legal offensive”“Legal offensive”“Legal offensive”

Since last year,Bayan Muna’s congres-sional representativesand party leaders havebeen charged withfabricated criminalcases. In fact, theSupreme Court just

recently dismissed all the rebellion cases filed bythe Department of Justice against representativesand leaders of Bayan Muna and other progressiveparties Anakpawis and Gabriela. In its ruling, theSupreme Court said that state prosecutors failedto show probable cause and violated due processin pursuing its case.

A multiple-murder case was filed in Leyteprovince against Bayan Muna congressman SaturOcampo based on the discovery by the AFP of analleged mass grave of victims of an internal purgewithin the Communist Party. Ocampo was ar-rested but was subsequently released andgranted bail by the Supreme Court on 3 April after18 days of detention, indicating that the evidencewas weak.

Early this year, a disqualification case was filedat the Commission on Elections against BayanMuna, Anakpawis and the Gabriela Women’sParty by three widows whose husbands wereallegedly ordered killed by the parties’ representa-tives. The case was dismissed in June 2007.

TTTTTriumriumriumriumriumph in the 200ph in the 200ph in the 200ph in the 200ph in the 2007 polls7 polls7 polls7 polls7 polls

Despite all the challenges hurled against theparty, Bayan Muna appears headed for greatervictory.

In a press statement right after the May 2007polls, Rep. Ocampo said, “We prevailed over hugestumbling blocks. We triumphed over the all-outattacks from the entire machinery of the Arroyogovernment, including the military, which aimedto decimate our ranks in Congress. This is ourthird and most heroic fight, because we prevailedover the entire machinery of government andcame out winners.”

The intent is clear. The attacks against BayanMuna and other progressive partylist groups are adesperate but vain attempt to control the Filipinopeople’s growing disgust against the country’scorrupt political system. “We were able to foil thedemented objectives of the Arroyo administrationto totally remove us from Congress and to destroyour partylist organizations,” added Ocampo.

Bayan Muna’s name speaks for itself: victoryfor the people. F H RF H RF H RF H RF H R

From top: Atty. Juvy Magsino,Leima Fortu, Abelardo Ladera

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FEATURES

Having witnessed first-hand the “goons, guns, gold,Garci and the generals” in the 2007 mid-term elec-tions, a group of international observers said that theelectoral process in the country was ridden with “coer-cion, corruption and violence.”

The People’s International Observers’ Mission (IOM),a group of 27 delegates from 12 countries, noted thecoercion of voters by the military, particularly support-ers of progressive party-list groups.

The People’s IOM came out with a report citingviolations of electoral procedures, massive disenfran-chisement of voters, rampant vote-buying, intimidationof voters by the military, and manipulation of the votingand canvassing procedures by political dynasties.

Participants in the three-day People’s IOM camefrom Australia, Belgium, Canada, Germany, SouthKorea, Japan, Myanmar, Norway, Scotland, the Nether-lands, Switzerland and the U.S. in response to aninternational appeal from numerous church leaders,professionals, academics and grassroots organizationsin the Philippines. The mission aimed to observe thedemocratic process in the face of alleged electoralfraud, militarization and violence in the 2004 nationalelections.

From May 14 to 16, ten teams were dispatched inten areas in seven key voting regions throughout thePhilippines, namely: Tondo, Manila; Makati City; Quezonin Southern Tagalog; Sorsogon and Masbate in Bicol;Nueva Ecija and Pampanga in Central Luzon; Cebu inthe Visayas; Islamic City of Marawi in Lanao del Sur &Compostela Valley in Mindanao.

Military role in pollsMilitary role in pollsMilitary role in pollsMilitary role in pollsMilitary role in polls

The People’s IOM representatives collected testimo-nies from people in the communities which describesystematic military harassment of voters who supportlegitimate political partylist groups. The mission docu-mented an organized vilification campaign carried outboth overtly and covertly by the AFP against progres-sive partylist groups.

“Our mission saw and heard convincing evidencethat the military has had a very significant impact in the

lead-up to the Election, having brought troops intoposition in the local villages in February to put theirplan into effect. And of course we saw them at road-blocks, in their village encampments and in the pollingareas on Election Day. We also saw the posters theyput up on the roads and at the polling stations inpursuance of the campaign against the progressiveparties,” said Australian professor and observer GillBoehringer, who went to Compostela Valley inMindanao.

The People’s IOM noted that despite this reality,grassroots organizations throughout the electoraldistricts made impressive organized efforts to safe-guard their votes.

‘No vibrant democracy’‘No vibrant democracy’‘No vibrant democracy’‘No vibrant democracy’‘No vibrant democracy’

Prof. Boehringer said, “While President GloriaMacapagal-Arroyo was content to say loftily that Filipinovoters cast their ballot free of coercion and accordingto their own will, our group experienced it otherwise onthe ground.”

Delegates of the People’s IOM witnessed a strikinglydifferent reality including: significant number of disen-franchised voters and vote buying, election-related

‘Coercion, corruption and violence’:‘Coercion, corruption and violence’:‘Coercion, corruption and violence’:‘Coercion, corruption and violence’:‘Coercion, corruption and violence’:

People’s IOM reports irregularities,People’s IOM reports irregularities,People’s IOM reports irregularities,People’s IOM reports irregularities,People’s IOM reports irregularities,rights abuses at 2007 pollsrights abuses at 2007 pollsrights abuses at 2007 pollsrights abuses at 2007 pollsrights abuses at 2007 pollsby Ruth Cervantes

Rev. Emery (Top right) talks to a pollwatcher who wasbarred by heavily armed policemen from the canvassingarea at Guimba; while an army tank guard the GuimbaMunicipal Hall (bottom right)

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violence, direct intimidation of voters by elements ofthe Armed Forces of the Philippines (AFP), suspiciousabsence and abandonment of duties and responsibili-ties of COMELEC officials at numerous voting centersand incidents of overt coercion by candidates frompowerful political clans.

Canadian journalist and observer Stefan Christoffwas with the team in Tondo, Manila where he encoun-tered a U.S. Embassy official who observed that “thePhilippines is clearly a vibrant democracy,” amidst theelection chaos.

“We didn’t see a vibrant democracy. What we didsee was coercion, corruption, and violence,” saidStefan.

The People’s IOM also noted the relationship be-tween systematic violations in the 2007 elections, andthe extrajudicial killings which have claimed the lives of

over 850 people since 2001.

Working with Filipinos for clean electionsWorking with Filipinos for clean electionsWorking with Filipinos for clean electionsWorking with Filipinos for clean electionsWorking with Filipinos for clean elections

Presbyterian priest Rev. Larry Emery who camefrom the USA said that he joined the mission as afellow struggler with the Filipino people for justiceand democracy.

“I did not come to the Philippines with a sense ofsuperiority, sitting in judgment upon you becauseour system is so perfect and free from error. Ameri-can politics have their problems and the electoralsystem has been subject to manipulation, especiallysince 2000,” said Emery.

“While there are forces that are working againstthe right of every voter to be a part of the electoralprocess, there are also forces working to ensure afair and honest election and I support this effort,”said Emery of his participation in the People’s IOM.

Anomalies, recommendationsAnomalies, recommendationsAnomalies, recommendationsAnomalies, recommendationsAnomalies, recommendations

Throughout the Philippines, overt political coer-cion through electoral corruption, open ‘vote buy-ing’, rampant breaches of electoral regulations andoutright terror fashioned a context through whicheconomic and political dynasties attempted toperpetuate their positions of power through themid-term elections.

Rev. Emery’s team that observed the polls inNueva Ecija said that “Too often, the political dynas-tic politics degenerates into the use of harassment,intimidation, and coercion of the political oppositionand individual voters at the worse, and secretivefalsification of election documents at best, all ofwhich compromise the elective process.”

Among the initial recommendations presented bythe People’s IOM are the following; institute majorchanges in the electoral processes and proceduresin order to make them less cumbersome; insulatethe elections from the partisanship of governmentalagencies and public officials; alter the culture offraud engendered by traditional politicians; effec-tively halt the military’s interventionist role withinthe electoral process; reinforce the party- listsystem in order to guarantee genuine representa-tion of marginalized sectors; elevate the conscious-ness and education of voters; conduct an indepen-dent and serious investigation on the conduct of the2004 national elections in order to resolve thequestion of legitimacy of Arroyo’s mandate. F H RF H RF H RF H RF H R

Top: A military checkpoint stopped the CompostelaValley PIOM team. Bottom: Prof. Boehringer presentsto the press evidence of villification campaignagainst progressive partylists

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FREEDOM BAR

TASK FORCE USIG, THE SPECIAL UNIT WITHIN THE PHILIPPINE NATIONAL POLICE (PNP) created by PresidentGloria Macapagal-Arroyo in May 2006 to investigate and prevent the country’s wave of extrajudicial killings, is

once again utilizing its resources to discredit the number of killings in the country since 2001 when Arroyo be-came president rather than stop them.

“Save Filipino Lives”, TF Usig Told

One of the recent manifestations of this pattern isan online article on the ABS-CBN web site by AngeloLapitan Gutierrez (“Task Force Usig CleansKARAPATAN’s Mass of Dead Activists” at www.abs-cbnnews.com/storypage.aspx?StoryId=72838). Thestory notes that Task Force Usig acquired a copy of thelist of extrajudicial killings compiled by Philippine humanrights group KARAPATAN (Alliance for the Advancementof Human Rights) between 2001 and November 2006from the web site of the Asian Human Rights Commis-sion (AHRC), a regional human rights organizationbased in Hong Kong and a member of the Hong KongCampaign for the Advancement of Human Rights andPeace in the Philippines (HKCAHRPP). The articlefurther explains that the task force used this copy ofthe report to verify the number of extrajudicial killingvictims in the Philippines during this period. Afterworking for four months to substantiate the number ofdeaths, Task Force Usig came to the conclusion that115 extrajudicial killings had occurred with a further207 still to be confirmed instead of the 783 claimed byKARAPATAN (the list of KARAPATAN has now risen to839 as of March 2007).

HKCAHRPP, a coalition of organizations and individu-als in Hong Kong concerned about the extrajudicialkillings and disappearances plaguing the Philippines forthe past six years, wants to clarify, first of all, that theKARAPATAN list on AHRC’s web site was an annex tothe report published in November 2006 by HKCAHRPPthat contained the findings of its fact-finding mission to

the Philippines last July.

Having clarified this point, however, HKCAHRPP isperplexed. Why does Task Force Usig, for instance,have to rely on KARAPATAN and AHRC’s web site toacquire a list of victims of extrajudicial killings in thecountry? Why are victims and their families not con-tacting Task Force Usig directly or police officers intheir local police station? Why is the investigativemachinery of Task Force Usig, and the PNP in general,apparently not able to function properly?

More importantly, however, HKCAHRPP wants to askwhy Task Force Usig continues to be preoccupied withthe number of extrajudicial killings that have occurredin the country? Is it an attempt to divert the attentionof the people of the Philippines as well as the interna-tional community from its failure to successfully arrest,prosecute and convict hardly any of the perpetrators ofthese killings?

The role and mandate of Task Force Usig is not todiscredit information about human rights violations inthe country, especially every Filipino’s right to life, butto investigate and prosecute those responsible forkilling at a minimum more than 100 peasants, tradeunionists, students, priests and lay people, journalists,lawyers and opposition politicians who apparently havebeen killed because they dared to be advocates of therights of the poor—the majority of the people in thePhilippines. The role and mandate of Task Force Usig isnot to be the propaganda arm of the government butthe investigative branch of the legal system. One too

many people in the Philippines have already beenkilled extrajudicially, and the number keeps increas-ing—a trend that can only continue with so fewsuspects arrested, prosecuted and convicted.

Moreover, the failure of Task Force Usig and otherunits of the PNP to successfully arrest, prosecute andconvict those responsible for the country’s extrajudi-cial killings breeds a climate of impunity that onlyencourages more extrajudicial deaths. Because TaskForce Usig and the PNP have not adequately en-

Hong Kong Campaign for the Advancement ofHuman Rights and Peace in the Philippines

HKCAHRPP

Photo courtesy of http://www.interlocals.net

“Save Filipino Lives”, TF Usig Told

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NATIONAL [HR] NEWS

MaMaMaMaMay 3, 200y 3, 200y 3, 200y 3, 200y 3, 20077777

CO-CONVENERS, HKCO-CONVENERS, HKCO-CONVENERS, HKCO-CONVENERS, HKCO-CONVENERS, HKCAHRPPCAHRPPCAHRPPCAHRPPCAHRPPFFFFFrrrrr. Dwight dela T. Dwight dela T. Dwight dela T. Dwight dela T. Dwight dela Torre,orre,orre,orre,orre,Philippine Independent ChurchBruce VBruce VBruce VBruce VBruce Van Van Van Van Van Voorooroorooroorhis,his,his,his,his,Asian Human Rights CommissionCynthia TCynthia TCynthia TCynthia TCynthia Tellez,ellez,ellez,ellez,ellez,Mission for Filipino Migrant WorkersRey Asis, Rey Asis, Rey Asis, Rey Asis, Rey Asis, Asian Students AssociationEman Villanueva,Eman Villanueva,Eman Villanueva,Eman Villanueva,Eman Villanueva, United Filipinos in Hong Kong

THE PHILIPPINES-CANADA TASK FORCE THE PHILIPPINES-CANADA TASK FORCE THE PHILIPPINES-CANADA TASK FORCE THE PHILIPPINES-CANADA TASK FORCE THE PHILIPPINES-CANADA TASK FORCE onononononHuman Rights Human Rights Human Rights Human Rights Human Rights (PCTFHR) has condemned the continu-ing attacks against journalists in the Philippines andhas lamented the country’s infamous distinction ofbeing the second most dangerous place in the worldfor journalists after Iraq.

The PCTFHR referred to the extrajudicial killing ofjournalist Carmelo Palacios on 18 April 2007 in NuevaEcija province, and the 19 April shooting of PhilippineDaily Inquirer correspondent Delfin Mallari, Jr. inLucena City, south of Manila.

Palacios is the 51st journalist to be killed under thewatch of Philippine President Gloria Macapagal-ArroyoArroyo. Mallari was wounded but survived the attack.

In November 2006, a team from the PCTFHR’sCanadian Human Rights Fact-Finding Mission to thePhilippines was interviewed by Mallari in Lucena City.

Mallari wrote articles about the mission and wasinstrumental in publishing news of the team’s harass-ment and intimidation by the Philippine military, policeand other state agents. The team, led by Filipino-Canadian lawyer Ning Alcuitas, endured approximately13 hours of interrogation, harassment and threatsfrom November 17 to 20, 2006 at seven differentcheckpoints in the region.

“Journalists like Mallari expose the dark realities ofthe Philippine state that implements policies like OplanBantay Laya. They help give voice to the individuals,families and communities that are impacted by statepolicies,” the PCTFHR said in a statement.

It said, “It is outrageous that journalists are nowthemselves the target of political repression, politically-motivated extrajudicial killings and other forms ofharassment (including unwarranted libel suits) by theArroyo regime.”

“We salute the resolve of journalists in the Philip-pines for continuing to write and expose the realities ofthe people despite the attempts to suppress theirfreedom of expression,” said the PCTFHR, who alsocommended efforts of journalists to organize andmobilize themselves.

Canadians condemnattacks against journalistsin the Philippines

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INTERNATIONAL [HR] NEWS

forced the Witness Protection, Security and BenefitAct—Republic Act 6981—the surviving victims, theirfamilies and other witnesses are fearful of makingcomplaints to the police and of testifying in court.Their fear makes arrests and prosecutions almostimpossible in the Philippines. Without addressingthis law enforcement deficiency, i.e., protectingwitnesses, the future success of Task Force Usigand the PNP in stopping the extrajudicial killings inthe country as well as other human rights violations,such as disappearances, and, indeed, ordinarycrimes is questionable.

The onus on Task Force Usig and the PNP toarrest suspects, protect witnesses and stop thecountry’s extrajudicial killings is particularly acute asPhilip Alston, the U.N. special rapporteur on extraju-dicial, summary and arbitrary executions, and eventhe Arroyo-appointed Melo Commission have con-cluded that the military is the primary perpetrator ofthe extrajudicial killings in the country.

The same verdict was also reached by the sec-ond session of the Permanent People’s Tribunal(PPT) on the Philippines that was held in the Nether-lands in March. It is thus imperative that Task ForceUsig and the PNP shoulder their responsibilities toprotect the right to life of the Filipino people. Theyare the bulwark between Filipinos and a military thatapparently believes it has a license to kill.

It is in this context that HKCAHRPP thus callsupon Task Force Usig and the Arroyo government todesist from its preoccupation with numbers anddiscrediting information and instead focus its atten-tion on the current failures of the legal system that,if not addressed, will only lead to future failures—acycle that must be broken if justice is to have anymeaning for the Philippines and its people.

Editor’s Note: This space is reserved for theadvocates’ take on justice, peace and humanrights issues. Materials may be sent tokrptn_yahoo.com or [email protected].

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INTERNATIONAL [HR] NEWS

SRI LANKASRI LANKASRI LANKASRI LANKASRI LANKA – Two male volunteers of the Sri LankaRed Cross (SLRC) were abducted on 1 June 2007 andfound dead the following day in Kiriella, near thecentral town of Ratnapura, 60 miles southeast ofColombo.

The victims, identified at the Ratnapura BaseHospital, were Karthakesu Chandramohan, 26 andSinnarasa Shanmugalingam, 32.

The International Secretariat of OrganisationMondiale Contre la Torture (World Organization AgainstTorture, OMCT) and Antenna International in Sri Lankareported that Chandramohan and Shanmugalingamwere with four other SLRC colleagues at platform 4 atthe Colombo Fort Railway Station when the incidentoccured.

The group was returning to the SLRC headquartersin Batticaloa after attending a five-day workshop in thecity of Mount Lavinia.

At around 6:45, the group was approached by fourto five men dressed in civilian clothing. The men asked

Sri Lanka Red Cross volunteers abducted and killedthe victims for their National Identity Cards (NIC) andstarted interrogating them.

The interrogators who claimed they were from theCriminal Investigation Department (CID) spoke to thegroup in Sinhala, allegedly the only language theinterrogators could speak fluently.

They asked Chandramohan and Shanmugalingam tocome with them to the police station, on the groundsthat they needed more information on the twovolunteers.

One of the other colleagues volunteered to go withthem and translate for them from Tamil to Sinhalasince the two victims were not fluent in Sinhala.

The interrogators initially agreed but when the co-worker was about to get in, the vehicle took off.However, he managed to take the registration number(No. 252 - 6432) of the white van with tinted windows.He subsequently met up with his other colleagues andcalled the head of SLRC in Colombo. (OMCT Report)

GENEVGENEVGENEVGENEVGENEVA A A A A – – – – – On 23 May 2007, the European Commit-tee of Social Rights ruled unanimously that Portugaldoes not ensure the satisfactory application of Article17 of the European Social Charter and fails to protectchildren from corporal punishment and other humiliat-ing treatment in all situations, including at home.

Article 17 of the European Social Charter requires aprohibition in legislation against any form of violenceagainst children in all settings.

“We are pleased of this decision, and we wish that,from now, Portugal will fully conform to its obligationsunder the European Social Charter by explicitly andeffectively prohibiting all corporal punishment ofchildren” said Cécile Trochu Grasso from the OMCT.

On 5 April 2006, the Portuguese Supreme Courtdecided that “moderate punishments administered tothe minor by the person entitled to do it and whosepurpose is exclusively educational and adequate to thesituation, are not unlawful.”

After the said ruling, the OMCT lodged a collectivecomplaint against Portugal on the grounds that the law,as interpreted by Portugal’s highest Court, toleratescorporal punishment.

The OMCT said, “This is a new interpretation of the

European Committee of Social Rights saysPortugal tolerating violence against children

law by the Supreme Court which constitutes a worri-some reversal as precedent in Portugal.”

In 2003, OMCT lodged a first a complaint againstPortugal on the grounds that its legislation failed toprotect children from corporal punishment and otherhumiliating treatment. The European Committee ofSocial Rights earlier ruled that, according to an earlierdecision of the Supreme Court, Portugal’s case law didprohibit all corporal punishment.

On 12 June 2006, OMCT’s second complaint wasdeclared admissible and they later secured a victorywith the above ruling of the European Committee ofSocial Rights.

Although the Portuguese Government maintainedthat its Criminal Code explicitly prohibits violenceagainst children and said that the Criminal Code iscurrently being revised to establish a new offence (inarticles 152 and 152A) for inflicting physical or psycho-logical ill-treatment, including corporal punishment, incases where the infliction is “intense or repeated,” theEuropean rights body ruled that Portugal is toleratingviolence against children. (OMCT Report)

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INTERNATIONAL FEATURE

AAAAAbout a decade ago, five Cuban patriots –bout a decade ago, five Cuban patriots –bout a decade ago, five Cuban patriots –bout a decade ago, five Cuban patriots –bout a decade ago, five Cuban patriots –Gerardo Hernández, Ramon Labañino, An-Gerardo Hernández, Ramon Labañino, An-Gerardo Hernández, Ramon Labañino, An-Gerardo Hernández, Ramon Labañino, An-Gerardo Hernández, Ramon Labañino, An-

tonio Guerrero, Fernando González and Renétonio Guerrero, Fernando González and Renétonio Guerrero, Fernando González and Renétonio Guerrero, Fernando González and Renétonio Guerrero, Fernando González and RenéGonzález worked to help prevent terrorist at-González worked to help prevent terrorist at-González worked to help prevent terrorist at-González worked to help prevent terrorist at-González worked to help prevent terrorist at-tacks against Cuba, thus protecting the livestacks against Cuba, thus protecting the livestacks against Cuba, thus protecting the livestacks against Cuba, thus protecting the livestacks against Cuba, thus protecting the livesof innocent people.of innocent people.of innocent people.of innocent people.of innocent people.

Now known all over the world as the Cuban Five,they infiltrated terrorist organizations operating inMiami, Florida in the U.S. For more than 40 years,anti-Cuba terrorist organizations based in Miami suchas the Alpha 66, Omega 7, Brothers to the Rescue,and Cuban American National Foundation, have en-gaged in countless terrorist activities against Cuba,and against anyone who advocates a normalizationof relations between the U.S. and Cuba. Reportsplaced the death toll resulting from these terrorist at-tacks against Cuba at more than 3,000.

But instead of arresting the terrorists, the FBI ar-rested the five Cuban patriots working against theseterrorists on 12 September 1998. The five politicalprisoners were illegally held in solidarity confinementfor 17 months in a Miami jail.

TTTTTrial and prejudicerial and prejudicerial and prejudicerial and prejudicerial and prejudiceThe trial began in November 2000. With the seven-

month trial based in Miami, a virtual witch hunt at-mosphere existed. The defense attorneys’ motions fora change of venue were denied five times by the judge,although it was obvious that a fair trial was impos-sible in that city.

The Cuban Five were wrongfully accused with con-spiracy to commit espionage and conspiracy to com-mit murder, and were unjustly punished. On 8 June2001, they were convicted. Three of them receivedlife terms (two life terms for one), and the other twowere meted jail terms of 19 years and 15 years re-spectively.

On 9 August 2005, the seventh year of their un-just imprisonment, the Cuban Five won in the appealthey filed. A three-judge panel of the 11th Circuit Courtof Appeals overturned the convictions of the Cuban

Five and ordered a new trial outside of Miami.In October that same year, however, the court an-

nounced its acceptance of the prosecution’s requestfor another appeals hearing, this time before the wholecourt rather than a three-judge panel. Therefore theopinion overturning the Cuban Five’s convictions hasbeen set aside while a new appeal is heard.

The UN Working Group on Arbitrary Detentions hascalled on the U.S. government to remedy the injusticecommitted on the Cuban Five, citing the Appeals Courtfinding that there were irregularities in the trial andarrest of the five, thereby effectively denying themtheir right to a fair trial.

For the past nine years, these five men have beenplaced in maximum security prisons. They have beenheld incommunicado in isolated cells for long periodsof time with two of them being denied their right tofamily visits.

IntIntIntIntInternational supporernational supporernational supporernational supporernational suppor ttttt In the United States, the National Committee to

Free the Cuban Five (www.freethefive.org) said, “Thiscase is a political case and the Cuban Five are politi-cal prisoners. Their freedom will depend not only onthe arduous work of the defense team but just as im-portantly on public support that can be organized…towin freedom for the Cuban Five.”

Over 250 committees have been established in theU.S. and around the world, demanding immediatefreedom for Gerardo, Ramon, Antonio, Fernando, andRene.

Important declarations have been made by hun-dreds of parliamentarians in Britain, Italy, Europe andLatin America.

Jailed Cuban patriots must be set freeJailed Cuban patriots must be set freeJailed Cuban patriots must be set freeJailed Cuban patriots must be set freeJailed Cuban patriots must be set free

“If preventing the deaths of innocent human“If preventing the deaths of innocent human“If preventing the deaths of innocent human“If preventing the deaths of innocent human“If preventing the deaths of innocent humanbeings…and preventing senseless invasion ofbeings…and preventing senseless invasion ofbeings…and preventing senseless invasion ofbeings…and preventing senseless invasion ofbeings…and preventing senseless invasion of

Cuba is the reason I am being sentenced today,Cuba is the reason I am being sentenced today,Cuba is the reason I am being sentenced today,Cuba is the reason I am being sentenced today,Cuba is the reason I am being sentenced today,then let that sentence be welcomed.”then let that sentence be welcomed.”then let that sentence be welcomed.”then let that sentence be welcomed.”then let that sentence be welcomed.”

-- Ramon Labañino, political prisoner

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Free the Cuban Five: (L-R) René González,Antonio Guerrero, Ramon Labañino, FernandoGonzález and Gerardo Hernández

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NATIONAL [HR] NEWS

ILILILILILOILOILOILOILOILO O O O O – Two veteran and well-known activists in Panay islandwere forcibly abducted, while athird was shot and left to die, inone of the most brazen attacks sofar on human rights defenders inthe country.

Abducted last 12 April 2007were Maria Luisa Posa-Dominado,52, spokesperson of SELDA-Panay,an organization of former politicalprisoners advocating the release ofpolitical prisoners and a stop totorture and other inhuman andcruel treatment of prisoners; and Nilo Arado, 39,chairperson of the Bagong Alyansang Makabayan(BAYAN or New Patriotic Alliance) in Panay and anational council member of the KilusangMagbubukid ng Pilipinas (KMP or the PeasantMovement in the Philippines).

The two remain missing to this day.

With them was Ely Garachico, 50, secretarygeneral of the human rights group Karapatan, whowas driving their vehicle, a black Mitsubishi L200pick-up. Garachico was shot on the neck, left to dieby the roadside but managed to survive.

The three were on their way home from Antique

Human rights defenders attacked in Iloilo:one injured, two missing

when, upon reachingCabanbanan, Oton in Iloilo ataround 7:00 p.m., a Mitsubishivan that had been tailing themcut into their path. Three armedmen got off and started shooting,hitting Garachico on the left sideof his neck.

The armed men then draggedDominado and Arado to their vanand threw Garachico on the rightside of the road. One of the assail-ants took the victims’ pick-up anddrove off.

Garachico, who managed to shout for help, wasbrought to the hospital by the village captain ofCabanbanan.

The following day, Bombo Radyo–Panay, a localradio station, reported that the black pick-up takenby the assailants was found in a secluded area inBarangay Guadalupe, Janiuay, 33 kms. northwest ofIloilo City (30 kms. from where the victims werewaylaid.) The pick-up was burned down and was stillspewing smoke when it was discovered.

Prior to the attack, in December last year, Aradoreportedly received death threats through his cellphone.

by Girlie Padilla

Army kills three peasants in NegrosArmy kills three peasants in NegrosArmy kills three peasants in NegrosArmy kills three peasants in NegrosArmy kills three peasants in Negrosby Fred Caña

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NEGRNEGRNEGRNEGRNEGROS OCCIDENTOS OCCIDENTOS OCCIDENTOS OCCIDENTOS OCCIDENTAL AL AL AL AL – Three unarmed farmerswere killed by government troops in the provincelast 5 May 2007, in what were most likely acts ofreprisals on residents suspected of harboring NewPeople’s Army rebels.

On that day, some 50 elements of the 11th Infan-try Battalion of the Philipine Army (IBPA) conductedinternal security operations in the hinterlands border-ing the municipalities of Isabela and Magallon (for-merly Moises Padilla), Negros Occidental.

At 2:00 in the afternoon, an encounter betweenthe military and New People’s Army (NPA) rebelstook place at Sitio Malipayon, adjacent to SitioCoyaoyao, in Brgy. Sibucau-an. The firefight lastedfor almost an hour. Residents reported hearingsporadic gunfire and said soldiers scoured theneighboring areas as part of their pursuit operationsfollowing the encounter.

Almost a thousand residents from three upland

Nilo Arado and Maria Luisa Posa-Dominado remain missing to this day

... continued on page 14

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MANILA – In what can be considered a slap on theArroyo Administration’s face, the Supreme Court(SC) on 1 June ordered the dismissal, for lack ofprobable cause and violations of due process, of thegovernment’s rebellion cases against six party listlawmakers, four leftist activists and 41 other indi-viduals.

The rebellion case was filed in the aftermath ofthe government’s declaration of a state of emer-gency in February last year.

The high tribunal also criticized the Departmentof Justice (DOJ) for its political motive in chargingthe said individuals for rebellion.

The six party list representatives cleared of thecharges were: Liza Maza of the Gabriela Women’sParty, Joel Virador, Saturnino Ocampo and TeodoroCasiño of Bayan Muna, Crispin Beltran and RafaelMariano of Anakpawis. Also cleared of rebellioncharges were activists Vicente Ladlad, NathanielSantiago, Randall Echanis, Rey Claro Casambre and41 others.

The SC acted on the consolidated petitions forthe writs of prohibition and certiorari to enjoinpetitioners’ prosecution for rebellion and to setaside the rulings of the DOJ and the Regional TrialCourt (RTC) of Makati City on the investigation andprosecution of rebellion cases against the ten.

In Beltran’s petition (G.R. No. 175013), the courtdetermined that: (a) the inquest proceeding againstBeltran for rebellion was void; and (b) there is NOprobable cause to indict Beltran for rebellion.

Beltran was arrested without warrant on 25February 2006 and detained in Camp Crame a dayafter Mrs. Arroyo placed the entire country under astate of emergency. The arresting officers did notinform Beltran of the crime for which he was ar-rested and were the ones who issued an affidavitalleging that Beltran had incited rallyists to sedition.

Beltran was subjected to inquest on the sameevening for sedition and on the 27th to a secondinquest for rebellion. The inquest prosecutor in-dicted Beltran and filed the information at theMakati RTC Branch 146 respectively.

SC junks rebellion case vs. Batasan 6

In the Maza and Ladlad petitions (G.R. Nos.172070-72 and 172074-76), the high court ruledthat “the preliminary investigation was tainted withirregularities.”

The SC said that the actions of prosecutors belietheir claim that the preliminary investigation wasdone in accordance with the Revised Rules ofCriminal Procedure. “By preemptorily issuing thesubpoenas to petitioners, tolerating thecomplainant’s antics during the investigation, anddistributing copies of a witness’ affidavit to mem-bers of the media knowing that petitioners have nothad the opportunity to examine the charges againstthem, respondent prosecutors not only trivializedthe investigation but also lent credence to petition-ers’ claim that the entire proceeding was a sham,”said the SC in its resolution.

The SC also found merit in the petitioners’ doubton the DOJ’s impartiality. It said that “RespondentSecretary of Justice, who exercises supervision andcontrol over the panel of prosecutors, stated in aninterview on 13 March 2006, the day of the prelimi-nary investigation, that, “We [the DOJ] will justdeclare probable cause, then it’s up to the [C]ourt todecide x x x.”

Batasan 6 - Casiño, Virador, Ocampo, Beltran, Maza andMariano at the DOJ office during the March 23, 2006preliminary investigation into the rebellion case. (Photocourtesy of the Bayan Muna Media Bureau)

by Ruth Cervantes

NATIONAL [HR] NEWS

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WHAT IS DUE PROCESS?WHAT IS DUE PROCESS?WHAT IS DUE PROCESS?WHAT IS DUE PROCESS?WHAT IS DUE PROCESS?

RIGHTS 101

DDDDDUE PROCESSUE PROCESSUE PROCESSUE PROCESSUE PROCESS is every citizen’s right to a fairand proper legal procedure. It is what is some-

times called fair play, or fairness. Fairness, accord-ing to former Supreme Court Justice Isagani Cruzmeans to hear before condemning.

The elements of due process are the twin con-cepts of the right to be notified and the opportunityto be heard. One must be given notice or theaccused must be informed that s/he is beingcharged for a crime or that a complaint has beenfiled against him/her. Then, the accused has theright to be heard or the right to present evidencesto refute the charges.

If, despite being notified of the charges againsthim/her and being given the opportunity to beheard, a person is not able to do so because s/he isin hiding, s/he refuses to face the complainant ordoes not recognize the court’s jurisdiction, the trialcontinues and due process is still served.

What is a preliminary investigation?What is a preliminary investigation?What is a preliminary investigation?What is a preliminary investigation?What is a preliminary investigation?

A preliminary investigation is a procedure pro-vided by law wherein the public prosecutor or fiscalexamines the complaint and the evidence pre-sented. On the basis of the evidence, the prosecu-tor determines whether there is probable cause orthere are enough evidences to show that the ac-cused is probably guilty or there is enough basis tocharge him/her in court.

If the prosecutor determines that there is prob-able cause, s/he files information before the court,which will then hear the case. The court, in turn,will determine whether the accused is guilty be-yond reasonable doubt.

A preliminary investigation is not part of dueprocess. But the accused must be accorded dueprocess in the preliminary investigation: s/he mustbe notified of the complaint and be given theopportunity to refute it.

If a criminal case was filed in court without apreliminary investigation, the statutory rights, or

rights under the law, of a person is violated (but notnecessarily his/her constitutional rights). It is Con-gress which passes and revokes laws. Therefore,statutory rights can be revoked by Congress asdifferentiated from the constitutional right to dueprocess which cannot be revoked unless the Consti-tution is amended.

A preliminary investigation is conducted incapital offenses and afflictive offenses – any of-fense with a penalty no lower than four years twomonths imprisonment are entitled to a preliminaryinvestigation.

In the case of the Batasan 6, the Supreme Courtfound that due process rights were violated duringthe preliminary investigation. The Supreme Courtfound that the prosecutor who is the decision makerin that investigation was biased and partial. If thedecision maker is partial, it is as though the ac-cused was not given the opportunity to presentevidence for him as the decision maker had alreadymade a decision before the accused submitted theirevidence.

What is an inquest proceeding?What is an inquest proceeding?What is an inquest proceeding?What is an inquest proceeding?What is an inquest proceeding?

When a person is arrested while committing acrime, an inquest proceeding is conducted. Aninquest proceeding is a preliminary investigationconducted for persons arrested without a warrant.During the inquest proceeding, a person is notifiedof the charges being brought against him/her andhas the right to present evidences to refute thecharges.

It should be noted that warrantless arrests areonly allowed if it complies with the Rules of CriminalProcedure, i.e. when the arresting officer has per-sonal knowledge of a crime being committed, aboutto be committed, or has been committed or theperson to be arrested is an escapee.

A person who is arrested because he is caughtdoing a crime is made to undergo inquest proceed-ings wherein he is given also the right to notice and

by Atty. Rex J. Ma. Fernandez

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Anakpawis representative Ka Crispin Beltran atthe police station shortly after his arrest.

the right to present his own evidence.

In the case of Anakpawis Party List Representa-tive Crispin “Ka Bel” Beltran, there was no inquestproceedings made for rebellion as the notice givento Ka Bel was for inciting to sedition. Therefore, theinformation filed at the court for rebellion did not gothrough inquest proceedings because the inquestwas for inciting to sedition.

villages of Isabela and Magallon left their homesfor various evacuation centers.

Among them was farmer Richard Sarillo, 28,who secured his family by moving his wife andfive children to the center of Brgy. Sibucao-an. Hewent back to their house to attend to his live-stock but was later found with his head blown offand his face hardly recognizable.

Sarillo’s father-in-law, Benjamin Gelongga, 72,and his nephew Bobby Quilo were also founddead inside Gelongga’s home. Both had gunshotand stab wounds.

The soldiers later brought the bodies of thevictims to the municipality of Isabela and werepresented to the media as casualties of theencounter.

... from page 11

Why are all these rights and proceduresWhy are all these rights and proceduresWhy are all these rights and proceduresWhy are all these rights and proceduresWhy are all these rights and proceduresnecessary?necessary?necessary?necessary?necessary?

The right to due process is provided by theConstitution to protect a person from being arbi-trarily accused, charged, and penalized. The right topreliminary investigation or, in the case of warrant-less arrests, to an inquest proceeding is an addi-tional guarantee provided by law to protect a personfrom being arbitrarily charged and unjustly arrestedand penalized.

While the right to preliminary investigation canbe revoked or suspended especially during MartialLaw, the right to due process is absolute.

These rights protect citizens against abuses bygovernment officials. Respect for due process andthe proper conduct of preliminary investigations aremarks of a democracy. Suspension of the right topreliminary investigation makes respect for the rightto due process tenuous. A government which vio-lates the right to due process with impunity is abarbaric dictatorship and has no place in a civilizedworld.

A government wields great power over its citi-zens. But the greatest achievement of any govern-ment is to have power and wield none.

Lt. Col. Jess Manangquil, the commandingofficer of the military unit, maliciously insistedthat the victims were NPA members killedduring the gun battle.

It was only on a day after the incident thatSarillo’s wife learned that her husband, fatherand cousin were killed by the soldiers duringthe pursuit operations.

Sarillo and Gelongga were members of theBarangay Inulingan Farmers’ Association, alocal peasant organization affiliated with theKilusang Magbubukid ng Pilipinas (PeasantMovement of the Philippines) – organizationsthat have been tagged by the Armed Forces ofthe Philippines (AFP) as “communist fronts”and “enemies of the state.”

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FOOTNOTES FROM THE PAST

Such words were from the “Act of Declaration of Inde-pendence” from Spain, read by Ambrosio RianzaresBautista at the balcony of Emilio Aguinaldo’s residence inKawit, Cavite on June 12, 1898, now commemorated asPhilippine Independence Day.

Ironically, the “Mighty and Humane North AmericanNation” did not recognize the declaration and instead,Commodore George Dewey’s naval warships were outsideManila Bay, poised to take over right after the Spanishcolonizers’ retreat.

Rianzares, Aguinaldo’s “war counsellor” himself wrotethe document in Spanish, which he patterned after the1776 American Declaration of Independence. The act alsoestablished a government under “the dictatorship” ofAguinaldo. It was signed by 98 persons, including anAmerican officer, L.M. Johnson, Colonel of Artillery.

It was a festive gathering, where for the first time thePhilippine Flag was raised and the National Anthem wasplayed in public. Apolinario Mabini was said to haveobjected to the premature proclamation of Philippineindependence, reasoning that Aguinaldo must first con-solidate the Philippine government, but Aguinaldo wonout. Days after the declaration, Mabini was able to con-vince Aguinaldo to replace the dictatorial government witha revolutionary one.

Six months earlier, however, on Dec. 14, 1897,Aguinaldo and several leaders from the Magdalo faction ofthe Katipunan had abandoned the revolution after signing

the Pact of Biak-na-Bato with the Spanish colonizers. Aguinaldo and his men – among those were themembers of the Supreme Council of the 1897 Republic of Biak-na-Bato – agreed to a self-exile in HongKong in exchange for amnesty and P800,000. Abandoned by Aguinaldo’s weak leadership, otherKatipunan leaders carried on with the revolution.

In Hong Kong, Aguinaldo was visited on several occassions by American consuls E. Spencer Pratt andRousenville Wildman, who convinced him to return and continue the fight against Spain. The United Stateswas interested only in defeating Spain to get Cuba, they said. It was Wildman who convinced Aguinaldo toestablish a dictatorial government, supposed to be necessary in winning against Spain.

Believing the American’s words, Aguinaldo returned, to find that the Katipuneros already liberatedmuch of Luzon and the Visayas islands. Aguinaldo regained his leadership in fighting the Spaniards andin the process surrendered strategic positions to the Americans.

The June 12, 1898:The June 12, 1898:The June 12, 1898:The June 12, 1898:The June 12, 1898:Declaration of SubservienceDeclaration of SubservienceDeclaration of SubservienceDeclaration of SubservienceDeclaration of Subservience

References: History of the Filipino People. Teodoro A. AgoncilloThe Philippines: A Past Revisited. Renato Constantino

“““““And haAnd haAnd haAnd haAnd hav ing as wi tness tv ing as wi tness tv ing as wi tness tv ing as wi tness tv ing as wi tness to theo theo theo theo therect i tude of our in tent ions therect i tude of our in tent ions therect i tude of our in tent ions therect i tude of our in tent ions therect i tude of our in tent ions the

Supreme Judge of the Universe, andSupreme Judge of the Universe, andSupreme Judge of the Universe, andSupreme Judge of the Universe, andSupreme Judge of the Universe, andunder the protect ion of Mightyunder the protect ion of Mightyunder the protect ion of Mightyunder the protect ion of Mightyunder the protect ion of Mighty

and Humane North Amer ican Nat ion,and Humane North Amer ican Nat ion,and Humane North Amer ican Nat ion,and Humane North Amer ican Nat ion,and Humane North Amer ican Nat ion,we do hereby proc la im and dec larewe do hereby proc la im and dec larewe do hereby proc la im and dec larewe do hereby proc la im and dec larewe do hereby proc la im and dec lare

solemnly in the name by author i ty o f thesolemnly in the name by author i ty o f thesolemnly in the name by author i ty o f thesolemnly in the name by author i ty o f thesolemnly in the name by author i ty o f thepeople of these Phi l ipp ine Is lands,people of these Phi l ipp ine Is lands,people of these Phi l ipp ine Is lands,people of these Phi l ipp ine Is lands,people of these Phi l ipp ine Is lands,that they are and have the r ight to bethat they are and have the r ight to bethat they are and have the r ight to bethat they are and have the r ight to bethat they are and have the r ight to be

free and independent . . . ”f ree and independent . . . ”f ree and independent . . . ”f ree and independent . . . ”f ree and independent . . . ”

by Dee Ayroso

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He’s somebody’s father, somebody’s sonHe’s somebody’s daughter,

somebody’s momAt the right side of reason,

at the wrong end of a gunIn the street it’s open season,

in the eye of a deadly storm

Victims of hate of the terrorist stateIn the Order of Battle of a coward’s listUnarmed and innocent, sentenced to

deathYou stand for truth and justice, you’re an

imminent threat

Refrain:Wipe a mother’s tearCast away her fearLet your voice be heardAnd let justice be served

About the artistAbout the artistAbout the artistAbout the artistAbout the artistMideo M. Cruz is an active cross disciplin-

ary artist-organizer in Southeast Asia. Heinitiated the art collective -UGAT Lahi inthe 90’s. He is a recipient of the 2003Cultural Center of the Philippines thirteenartists award.

About BANQUETAbout BANQUETAbout BANQUETAbout BANQUETAbout BANQUETBANQUET is one of the three winners of

the 2006 Ateneo Art Awards. It was stagedat the Cultural Center of the Philippines on2 February 2006 and at the Substation inSingapore on 13 April 2006. Art critic LisaIto writes “Rather than mimetically depict-ing the common notion of a banquet as afeast of plenty, Cruz chooses to unmask thepoles of gluttony and deprivation existingin today’s Third World societies.”

The HR Gal le r y

Installation by Mideo M. CruzB A N Q U E TB A N Q U E TB A N Q U E TB A N Q U E TB A N Q U E T

LiteraryTHE STORMTHE STORMTHE STORMTHE STORMTHE STORM

*Chikoy Pura is the frontman of legendary Pinoy rockband, The Jerks. A guitarist and vocalist, Pura also writessongs, many of which deal with inequities in Philippinesociety. “The Storm” was first sung by the artist at thelaunching of Hustisya on 15 September 2006 at theClaro M. Recto Hall, University of the Philipines, Diliman.

In the queen’s deceit to plunder and stealIn the butcher’s game of shoot to killIn a tyrant’s fear of men who’re freeAnd people sick with apathy

Thunder in the horizon, a crime to disagreeHuman rights violations, abuse in third de-

greeIt’s sundown for decency, murder is the normIn these days of tyranny, whose side are you

on?

(Repeat refrain)

Chikoy Pura*

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We’ll exhibit your artworks here. send us photos,illustrations, paintings and other works of art in

digital image via e-mail. Please don’t forget thatthe theme should be on human rights.

Editor’s Note:


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