PRESS RELEASE
November 4, 2008
“TFDP SEEKS RELEASE OF POLITICAL DETAINEES”
We, now, neither heard the cries and grief of the political detainees. Their plight has been forgotten amidst the political turmoil and scandals in the government. Task Force Detainees of the Philippines (TFDP), once again, states that political detention and arrests continue to persist in the country.
Article 3 section 18 of the 1987 Constitution states that “no person shall be detained solely by reason of his/her political beliefs and aspiration”. This provision explicitly holds that states, in any circumstance, should not harbor political prisoners.
As of September 30, 2008, there are 209 political prisoners/detainees across the country of whom 68 (8 women) are in Mindanao languishing in 21 detention centers.
Not one of them committed any criminal offense apart from the fact that they struggled to reform the system that continues to oppress the poor and marginalized sectors of society. But instead of being recognized as such they are now languishing in jails for crimes they did not commit and that they were found guilty of because they were denied due process of law.
A case in point is the abduction, disappearance and torture of Angelina Besuna Ipong. She was 60 years old at that time. She was arrested on March 8, 2005 while facilitating a consultation about CARHIHL IN Aloran, Misamis Occidental by a dozen armed military in plain clothes, wearing bonnets. She was held incommunicado for four (4) days, interrogated, subjected to torture and humiliation. Even a woman at that age did not escape the “berdugo” method they employed during martial law years. Until now she languishes in BJMP, Pagadian City and facing charges of double murder, arson and rebellion.
While political repression by its very nature is anathema to democracy, it has been used by the Arroyo administration to maintain her hold to power and ensure that her anti-poor economic policies would meet no opposition. It is under this context that political imprisonment continues.
The existence of political prisoners is a contradiction to our country’s claim that we are enjoying democracy. Being a signatory to the International Covenant on Civil and Political Rights (ICCPR), the Philippine government has moral and legal obligation to affirm the people’s right to organize and to express their political beliefs.
TFDP calls on the Arroyo government to release all political prisoners now as a step in building a culture of peace! As long as these people languish in jail, we cannot truly say that indeed democracy exists in the country.
Monday, November 3, 2008
Thursday, October 30, 2008
Another Victim of Enforced Disappearance
Press Release
October 30, 2008
FOR URGENT RELEASE
Another Victim of Enforced Disappearance Abducted by Alleged CIDG Agents
A technical consultant for the farmers’ organization Life and Food for Leyte Evacuees (LFLE) Norberto Murillo was forcibly abducted this morning outside the Department of Agrarian Reform (DAR) building by three men who identified themselves as operatives of the Criminal Investigation and Detection Group (CIDG).
Murillo was abducted after having a meeting at the DAR to follow up on the papers regarding LFLE’s land claim for alienable and disposal land in Leyte. According to Murillo’s companion, LFLE Chairperson Paulo Dellosa the three men showed Murillo a warrant of arrest and introduced themselves as CIDG operatives after which they forcibly dragged Murillo to a waiting FX vehicle.
Dellosa immediately reported the case to human rights group Task Force Detainees of the Philippines (TFDP). As of the time of writing the identity of Murillo’s abductors and the detention area to which he was brought to remains unknown.
Murillo joins the long list of victims of enforced disappearance documented under Gloria Arroyo’s government. He was an active member of the progressive movement during the 80’s and early 90’s but has since left the mainstream to work with farmers organizations as a technical consultant helping them with their land issues.
LFLE which Murillo is currently working with represents farmers who were displaced from their farmlands in Leyte during the late 80’s due to the effect of former President Corazon Aquino’s “Total War Policy”; after being displaced from Leyte these farmers sought temporary refuge at the Polytechnic University of the Philippines under then University President Nemesio Prudente. #
October 30, 2008
FOR URGENT RELEASE
Another Victim of Enforced Disappearance Abducted by Alleged CIDG Agents
A technical consultant for the farmers’ organization Life and Food for Leyte Evacuees (LFLE) Norberto Murillo was forcibly abducted this morning outside the Department of Agrarian Reform (DAR) building by three men who identified themselves as operatives of the Criminal Investigation and Detection Group (CIDG).
Murillo was abducted after having a meeting at the DAR to follow up on the papers regarding LFLE’s land claim for alienable and disposal land in Leyte. According to Murillo’s companion, LFLE Chairperson Paulo Dellosa the three men showed Murillo a warrant of arrest and introduced themselves as CIDG operatives after which they forcibly dragged Murillo to a waiting FX vehicle.
Dellosa immediately reported the case to human rights group Task Force Detainees of the Philippines (TFDP). As of the time of writing the identity of Murillo’s abductors and the detention area to which he was brought to remains unknown.
Murillo joins the long list of victims of enforced disappearance documented under Gloria Arroyo’s government. He was an active member of the progressive movement during the 80’s and early 90’s but has since left the mainstream to work with farmers organizations as a technical consultant helping them with their land issues.
LFLE which Murillo is currently working with represents farmers who were displaced from their farmlands in Leyte during the late 80’s due to the effect of former President Corazon Aquino’s “Total War Policy”; after being displaced from Leyte these farmers sought temporary refuge at the Polytechnic University of the Philippines under then University President Nemesio Prudente. #
Tuesday, October 28, 2008
Urgent Appeal Frank Labial Case
The Task Force Detainees of the Philippines (TFDP) writes to inform you that the case of Franklin Labial a victim of extra-judicial killing in Don Carlos, Bukidnon last August 10, 2007 is still struggling to attain justice. The victim was the president of the Don Carlos Bukidnon United Farmers Association, Inc. (DCBUFAI).
For over 10 years of struggle, members of the Don Carlos Bukidnon United Farmers Association, Inc. (DCBUFAI), as actual tillers and occupants of a certain agrarian reform area in Don Carlos, Bukidnon, Philippines, have not yet secured their tenural agreement under the Comprehensive Agrarian Reform Program of the government implemented by the Department of Agrarian Reform.
CASE DETAILS:
A peasant leader and acting President of Makabayan-Pilipinas Bukidnon chapter was gunned down by the unknown assailants in front of his house in Don Carlos, Bukidnon, on August 10, 2007 at 5:30 in the evening.
The victim was Franklin Labial, 59 years old, married and a resident of Purok 4, Gomez St., North Don Carlos Bukidnon.
Labial was shot in front of his house and died on the spot. He sustained a lone gunshot wound in the lower back portion of his head (intra-cranial injury). The bullet was still inside his head. According to witnesses, the perpetrators were riding a color red motorcycle and already tailing the victim when he was still in the market place buying food for dinner. The perpetrators fled immediately to unknown direction.
According to his wife, she was inside their house when the incident happened. She did not hear the gun fire as she was attending to a baby crying. When her niece, the mother of the baby arrived, she was only told that his husband was already lying in front of their house dead.
The day before he was killed, Labial went to the office of Southern Fruits Products, Inc and Davao Venture Corporation (SFPI-DAVCO), a sister company owned by the Floriendo family (a prominent farm developers in Davao City). DAVCO has a lease agreement over the land Labial and his group is applying for tenural agreement. Labial confronted the manager to stop the clearing in their claimed areas. As reported, about 20 hectares will be subjected to land clearing and would be acquired by the said company.
He also spoke the Secretary of the Department of Agrarian Reform (DAR) at past 5:00 o’clock in the evening. He was in the market place and buying food for his family and then he hurried home.
According to the interview, he already received text messages of death threats the day after the inter-agency consultation was held in Don Carlos gymnasium on July 13, 2007.
During the consultation, he questioned the implementation of the Comprehensive Agrarian Reform Program (CARP) and contracts of the SFPI-DAVCO. He cited the destruction of crops and houses of the farmers who refused to enter into lease agreement with SFPI-DAVCO. He accused the company of using a backhoe to clear the land already planted in crops, fruit trees and coconut trees by the framers and in tearing down their houses in some areas. He also condemned the killings that happened in the area against the farmer’s and an indigenous person’s struggling for their right to own a piece of land.
Reportedly, DAVCO under the lease-agreement already appropriated some 800 hectares of the total 2,900 hectares claimed by the agrarian reform beneficiaries are the indigenous peoples who are actual tillers and or occupants.
Labial is the president of Don Carlos Bukidnon United Farmers Association, Inc. (DCBUFAI). As agrarian reform beneficiaries, Labial and his group of farmers claim some 100-hectare parcel of the 2,900-hecatre of the Construction Development Corporation of the Philippines (CDCP) owned by Rodolfo Cuenca and Danding Cojuangco (both known as cronies of the late dictator, Ferdinand Marcos). In 1989, CDCP was among the sequestered landed estates under the CARL to be distributed to farmers. As a sequestered property, CDCP was later renamed as Bukidnon Farms Inc. (BFI). BFI is consists of three (3) big land titles covering the municipalities of Don Carlos and Maramag in the province of Bukidnon. The Department of Agrarian Reform (DAR) granted them 109 hectares, but it was found out that there are only 60 hectares remained since the intrusion of DAVCO in 2005.
Labial was also his organization’s representative to the newly-formed Task Force ARAD. TF-ARAD is formed only last July 13, 2007 among concerned government agencies, NGOs and affected People’s Organizations concerning dispute over the contested Carpable Cojuangco estate. He was also the vice-chairperson of the Makabayan Pilipinas, Bukidnon Chapter (Makabayang Alyansa ng mga Magbubukid ng Pilipinas, Inc). He was also the provincial chairperson of Sanlakas-Bukidnon and also the Secretary General of the Coaltion of Actual Tiller and CLOA Holders in Bukidnon Farms, Inc (CATCH-BFI).
REQUESTED ACTION:
Please send letters to the concerned government agencies to continue its investigation on the case to bring perpetrators to justice and to the Department of Agrarian Reform (DAR) to approve the petition of the DCBUFAI members for inclusion as AR beneficiaries in the areas they are presently occupying and tilling.
PROLONGED DETENTION; RIGHT OF LIBERTY
Dear friends,
Task Force Detainees of the Philippines (TFDP), writes to inform you about a serious development in the case of Pegie Bouquecosa, a political detainee, presently detained in Provincial Jail, Alabel, Sarangani Province, island of Mindanao, Philippines. He was detained for more than six (6) years without trial.
TFDP, has issued a previous appeal on 22 April 2005, with a serious contention about the negligence of the prosecutor in filing a case against a political detainee who was detained since September 2002. Urgent Action - 66-2005.
DETAILED INFORMATION:
Name of victim: Pegie Boquecosa, 27 years old, suspected of being member of the New People's Army (NPA), presently detained in Provincial Jail, Alabel, Sarangani Province, Mindanao, Philippines.
Place/date of arrest: Barangay Colon, Maasim, Sarangani Province, arrested on 11 September 2002.
Prosecutor handling the case: Hon. Faisal Amerkhan, Provincial Prosecutor
Handling Judge: Hon. Jaime I. Infante
Case status: six (6) years without undergoing trial, because of postponements due to lack of material time and absence of prosecution witness during scheduled hearings.
Case Details:
Pegie Boquecosa (27), an alleged member of the New People's Army (NPA), was arrested by joint Police and military forces, composed of the 7th Special Forces, Philippine Army, Sarangani Provincial Mobile Group and Police Regional Office 12 in barangay Colon, Maasim, Sarangani Province on 11 September 2002.
Boquecosa was arrested for charges of Robbery with Violence, Robbery, Multiple Frustrated Murder and Triple Murder, which was related to his alleged involvement with the revolutionary group. The complaint was filed before the Municipal Trial Court (MTC) in Maasim, Sarangani. Boquecosa's case was forwarded to the office of the Provincial Prosecutor in Alabel, Sarangani and was assigned to Prosecutor Alfredo Boquecosa Jr.
The Rules of Court, Rule 112, section 3 (f) states that a prosecutor must resolve the case within ten (10) days after preliminary investigation is completed. However, Prosecutor Barcelona did not resolve the complaint for several months despite the completion of preliminary investigation.
Task Force Detainees of the Philippines (TFDP), conducted follow-up and repeatedly visited Fiscal Barcelona's office urging him to speed up the case but he simply ignored it. On 30 July 2003, TFDP was told that Fiscal Barcelona was in the process of working in the case. However, when TFDP followed-up the case six (6) months later, they have found out that Boquecosa's case was still pending at the prosecutor's office. The Prosecutor's office told TFDP staff that the delay of the resolution was due to the prosecutor's heavy caseloads and lack of staff.
TFDP then reported the delay and the failure of Prosecutor Barcelona to resolve Boquecosa's case to Hon. Jovencito Zuno, Chief State Prosecutor of the Department of Justice (DOJ) in Manila. On 6 May 2004, Hon. Zuno sent a letter to Prosecutor Barcelona, ordering him to take action and resolve Boquecosa's case within ten (10) days. However, even after ten (10) days no action was taken to dispose the case in violation of Chief State Prosecutor's order.
In July 2004, TFDP sent another letter to Chief State Prosecutor Zuno regarding Fiscal Barcelona's failure to comply with his order to dispose Boquecosa's case. Similar letters were sent to President Gloria Arroyo and Ms. Teresita Quintos Deles, Presidential adviser on the Peace Process.
On 23 August 2004, Hon. Miguel Gudio Jr., Assistant Chief Prosecutor, sent another letter to Prosecutor Barcelona attaching the letter of TFDP for appropriate action within ten (10) days.
However, Prosecutor Barcelona failed to comply with his letter. TFDP then, filed a complaint against Prosecutor Barcelona for failure to resolve the case of Boquecosa at the office of the State Prosecutor, Department of Justice, no action was taken by the Dept. of Justice instead Fiscal was transferred for new assignment.
On 20 September 2005, the new Officer-in-Charge of the Prosecution office, Fiscal Ringcar B. Pinote, issued a joint order, for resolution of the cases of Boquecosa in compliance of the 1st endorsement dated August 17,2005 by Honorable Raul M. Gonzales, Secretary of Justice, directing him to resolve the case within five (5) days from receipt without further delay.
On 10 October 2005, four (4) separate cases were filed at the Regional Trial court (RTC) branch 38 of Alabel, Sarangani Province. Criminal case # 1934-05 for Frustrated Murder, criminal case # 1935-05 for Frustrated Murder, criminal case # 1936-05 for Frustrated Murder and criminal case # 1937-05 for Robbery with Violence against and/or intimidation of persons. The handling Judge is Hon. Jaime I. Infante.
Pegie Boquecosa was finally arraigned on January 10,2006. On 14 March 2006 hearing was postponed due to non-availability of Judges and court personnel they had seminar.
On July 4,2006 hearing was again postponed for lack of material time. Several hearings were postponed due to lack of material time, although the prosecution witness was present (April 19,2007 and August 16,2007).
On March 8,2008, a preliminary conference for frustrated Murder was held. The delay of the trial was due to the arrest of the new accused of the case. On August 13,2008, August 27,2008 hearings were postponed due to the absence of prosecution witness. The defense lawyer Atty. Cyril Yap reiterated that if next hearing the prosecution witness will not appear in court he will file motion for the dismissal of the case.
On September 17,2008, hearing was again postponed due to the absence of Judge and Prosecutor, they had a seminar. Hearing is again set on November 17,2008.
For the meantime, Boquecosa has been detained in Provincial jail, Alabel, Sarangani Province, Mindanao, Philippines for six (6) years without trial.
SUGGESTION ACTION:
Please send letter, fax or email to the concerned government agencies addresses below and urge them to take action for speedy trial of Boquecosa's case.
Please write also the Supreme Court of the Philippines, Hon. Renato Puno , Supreme Court Justice to order Judge Jaime I. Infante, of Regional Trial Court, branch 38, urging him to take speedy trial under their “Justice on Wheels program”.
SAMPLE LETTER
Dear _________,
Re: Philippines: PROLONGED DETENTION, DEPRIVATION OF LIBERTY, detained for six (6) years without trial.
Name of victim: Pegie Boquecosa (27), suspected of being a member of a revolutionary group, New People's Army, presently detained at Provincial Jail, Alabel, Sarangani Province, Mindanao, Philippines.
Place/Date of arrest: barangay Colon, Maasim, Sarangani on 11 september 2002.
Judge handling the case: Hon. Jaime I. Infante, Regional Trial Court, branch 38, Alabel, Sarangani Province.
Case status: Detained for more than six (6) years without trial
I am deeply concerned by the prolonged detention of Pegie Boquecosa (27), since his arrest on 11 September 2002. He is currently detained at Provincial Jail, Alabel, Sarangani Province, Mindanao, Philippines. He was arrested for charges relating to his alleged involvement with the revolutionary group, New People's Army (NPA).
According to the information I received, the formal charges against the victim was only filed on October 2005. Four (4) separate cases were filed at the Regional Trial court (RTC) branch 38 of Alabel, Sarangani Province. Criminal case # 1934-05 for Frustrated Murder, criminal case # 1935-05 for Frustrated Murder, criminal case # 1936-05 for Frustrated Murder and criminal case # 1937-05 for Robbery with Violence against and/or intimidation of persons. The handling Judge is Hon. Jaime I. Infante.
He was finally arraigned on January 10, 2006. On 14 March 2006 hearing was postponed due to non-availability of Judges and court personnel they had seminar.
Several scheduled hearings were postponed due to lack of material time, absence of prosecution witness or non-availability of the Judge. The arrest also of his co-accused in the case contributed to the delay of the trial.
For six (6) years prolonged detention without trial violated the right of Boquecosa for the speedy disposition of his case and his constitutional right for speedy trial.
Under the circumstances, I strongly urge the Supreme Court of the Philippines, Hon. Renato Puno to issue a directive to Hon. Judge Jaime Infante, for speedy trial under his program “Justice on Wheels”.
I trust that you will take immediate action on this case.
Yours sincerely,
--------------------------
PLEASE SEND YOUR LETTERS TO:
1. Ms. Gloria Macapagal-Arroyo
President
Malacanang Palace,
JP Laurel St., San Miguel
Manila
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80
Email: corres@op.gov.ph
2. Hon. Presbitero Velasco, Jr.
Court Administrator
3rd Floor, new Supreme Court of the Philippines
Annex, Padre faura St., Ermita, 1000 Manila
email: pio@supremecourt.gov.ph
3. Mr. Leandro Despouy
Special Rapporteur on the independence of Judges and Lawyers
Attn. Sonia Cronin
Room 3-060
OHCHR-UNOG
1211 Geneva 10
Switzerland
Fax: +41 22 917 9066 (attn: Special Rapporteur on the Independence of
Judges & lawyers)
email: scronin@ohchr.org
For over 10 years of struggle, members of the Don Carlos Bukidnon United Farmers Association, Inc. (DCBUFAI), as actual tillers and occupants of a certain agrarian reform area in Don Carlos, Bukidnon, Philippines, have not yet secured their tenural agreement under the Comprehensive Agrarian Reform Program of the government implemented by the Department of Agrarian Reform.
CASE DETAILS:
A peasant leader and acting President of Makabayan-Pilipinas Bukidnon chapter was gunned down by the unknown assailants in front of his house in Don Carlos, Bukidnon, on August 10, 2007 at 5:30 in the evening.
The victim was Franklin Labial, 59 years old, married and a resident of Purok 4, Gomez St., North Don Carlos Bukidnon.
Labial was shot in front of his house and died on the spot. He sustained a lone gunshot wound in the lower back portion of his head (intra-cranial injury). The bullet was still inside his head. According to witnesses, the perpetrators were riding a color red motorcycle and already tailing the victim when he was still in the market place buying food for dinner. The perpetrators fled immediately to unknown direction.
According to his wife, she was inside their house when the incident happened. She did not hear the gun fire as she was attending to a baby crying. When her niece, the mother of the baby arrived, she was only told that his husband was already lying in front of their house dead.
The day before he was killed, Labial went to the office of Southern Fruits Products, Inc and Davao Venture Corporation (SFPI-DAVCO), a sister company owned by the Floriendo family (a prominent farm developers in Davao City). DAVCO has a lease agreement over the land Labial and his group is applying for tenural agreement. Labial confronted the manager to stop the clearing in their claimed areas. As reported, about 20 hectares will be subjected to land clearing and would be acquired by the said company.
He also spoke the Secretary of the Department of Agrarian Reform (DAR) at past 5:00 o’clock in the evening. He was in the market place and buying food for his family and then he hurried home.
According to the interview, he already received text messages of death threats the day after the inter-agency consultation was held in Don Carlos gymnasium on July 13, 2007.
During the consultation, he questioned the implementation of the Comprehensive Agrarian Reform Program (CARP) and contracts of the SFPI-DAVCO. He cited the destruction of crops and houses of the farmers who refused to enter into lease agreement with SFPI-DAVCO. He accused the company of using a backhoe to clear the land already planted in crops, fruit trees and coconut trees by the framers and in tearing down their houses in some areas. He also condemned the killings that happened in the area against the farmer’s and an indigenous person’s struggling for their right to own a piece of land.
Reportedly, DAVCO under the lease-agreement already appropriated some 800 hectares of the total 2,900 hectares claimed by the agrarian reform beneficiaries are the indigenous peoples who are actual tillers and or occupants.
Labial is the president of Don Carlos Bukidnon United Farmers Association, Inc. (DCBUFAI). As agrarian reform beneficiaries, Labial and his group of farmers claim some 100-hectare parcel of the 2,900-hecatre of the Construction Development Corporation of the Philippines (CDCP) owned by Rodolfo Cuenca and Danding Cojuangco (both known as cronies of the late dictator, Ferdinand Marcos). In 1989, CDCP was among the sequestered landed estates under the CARL to be distributed to farmers. As a sequestered property, CDCP was later renamed as Bukidnon Farms Inc. (BFI). BFI is consists of three (3) big land titles covering the municipalities of Don Carlos and Maramag in the province of Bukidnon. The Department of Agrarian Reform (DAR) granted them 109 hectares, but it was found out that there are only 60 hectares remained since the intrusion of DAVCO in 2005.
Labial was also his organization’s representative to the newly-formed Task Force ARAD. TF-ARAD is formed only last July 13, 2007 among concerned government agencies, NGOs and affected People’s Organizations concerning dispute over the contested Carpable Cojuangco estate. He was also the vice-chairperson of the Makabayan Pilipinas, Bukidnon Chapter (Makabayang Alyansa ng mga Magbubukid ng Pilipinas, Inc). He was also the provincial chairperson of Sanlakas-Bukidnon and also the Secretary General of the Coaltion of Actual Tiller and CLOA Holders in Bukidnon Farms, Inc (CATCH-BFI).
REQUESTED ACTION:
Please send letters to the concerned government agencies to continue its investigation on the case to bring perpetrators to justice and to the Department of Agrarian Reform (DAR) to approve the petition of the DCBUFAI members for inclusion as AR beneficiaries in the areas they are presently occupying and tilling.
PROLONGED DETENTION; RIGHT OF LIBERTY
Dear friends,
Task Force Detainees of the Philippines (TFDP), writes to inform you about a serious development in the case of Pegie Bouquecosa, a political detainee, presently detained in Provincial Jail, Alabel, Sarangani Province, island of Mindanao, Philippines. He was detained for more than six (6) years without trial.
TFDP, has issued a previous appeal on 22 April 2005, with a serious contention about the negligence of the prosecutor in filing a case against a political detainee who was detained since September 2002. Urgent Action - 66-2005.
DETAILED INFORMATION:
Name of victim: Pegie Boquecosa, 27 years old, suspected of being member of the New People's Army (NPA), presently detained in Provincial Jail, Alabel, Sarangani Province, Mindanao, Philippines.
Place/date of arrest: Barangay Colon, Maasim, Sarangani Province, arrested on 11 September 2002.
Prosecutor handling the case: Hon. Faisal Amerkhan, Provincial Prosecutor
Handling Judge: Hon. Jaime I. Infante
Case status: six (6) years without undergoing trial, because of postponements due to lack of material time and absence of prosecution witness during scheduled hearings.
Case Details:
Pegie Boquecosa (27), an alleged member of the New People's Army (NPA), was arrested by joint Police and military forces, composed of the 7th Special Forces, Philippine Army, Sarangani Provincial Mobile Group and Police Regional Office 12 in barangay Colon, Maasim, Sarangani Province on 11 September 2002.
Boquecosa was arrested for charges of Robbery with Violence, Robbery, Multiple Frustrated Murder and Triple Murder, which was related to his alleged involvement with the revolutionary group. The complaint was filed before the Municipal Trial Court (MTC) in Maasim, Sarangani. Boquecosa's case was forwarded to the office of the Provincial Prosecutor in Alabel, Sarangani and was assigned to Prosecutor Alfredo Boquecosa Jr.
The Rules of Court, Rule 112, section 3 (f) states that a prosecutor must resolve the case within ten (10) days after preliminary investigation is completed. However, Prosecutor Barcelona did not resolve the complaint for several months despite the completion of preliminary investigation.
Task Force Detainees of the Philippines (TFDP), conducted follow-up and repeatedly visited Fiscal Barcelona's office urging him to speed up the case but he simply ignored it. On 30 July 2003, TFDP was told that Fiscal Barcelona was in the process of working in the case. However, when TFDP followed-up the case six (6) months later, they have found out that Boquecosa's case was still pending at the prosecutor's office. The Prosecutor's office told TFDP staff that the delay of the resolution was due to the prosecutor's heavy caseloads and lack of staff.
TFDP then reported the delay and the failure of Prosecutor Barcelona to resolve Boquecosa's case to Hon. Jovencito Zuno, Chief State Prosecutor of the Department of Justice (DOJ) in Manila. On 6 May 2004, Hon. Zuno sent a letter to Prosecutor Barcelona, ordering him to take action and resolve Boquecosa's case within ten (10) days. However, even after ten (10) days no action was taken to dispose the case in violation of Chief State Prosecutor's order.
In July 2004, TFDP sent another letter to Chief State Prosecutor Zuno regarding Fiscal Barcelona's failure to comply with his order to dispose Boquecosa's case. Similar letters were sent to President Gloria Arroyo and Ms. Teresita Quintos Deles, Presidential adviser on the Peace Process.
On 23 August 2004, Hon. Miguel Gudio Jr., Assistant Chief Prosecutor, sent another letter to Prosecutor Barcelona attaching the letter of TFDP for appropriate action within ten (10) days.
However, Prosecutor Barcelona failed to comply with his letter. TFDP then, filed a complaint against Prosecutor Barcelona for failure to resolve the case of Boquecosa at the office of the State Prosecutor, Department of Justice, no action was taken by the Dept. of Justice instead Fiscal was transferred for new assignment.
On 20 September 2005, the new Officer-in-Charge of the Prosecution office, Fiscal Ringcar B. Pinote, issued a joint order, for resolution of the cases of Boquecosa in compliance of the 1st endorsement dated August 17,2005 by Honorable Raul M. Gonzales, Secretary of Justice, directing him to resolve the case within five (5) days from receipt without further delay.
On 10 October 2005, four (4) separate cases were filed at the Regional Trial court (RTC) branch 38 of Alabel, Sarangani Province. Criminal case # 1934-05 for Frustrated Murder, criminal case # 1935-05 for Frustrated Murder, criminal case # 1936-05 for Frustrated Murder and criminal case # 1937-05 for Robbery with Violence against and/or intimidation of persons. The handling Judge is Hon. Jaime I. Infante.
Pegie Boquecosa was finally arraigned on January 10,2006. On 14 March 2006 hearing was postponed due to non-availability of Judges and court personnel they had seminar.
On July 4,2006 hearing was again postponed for lack of material time. Several hearings were postponed due to lack of material time, although the prosecution witness was present (April 19,2007 and August 16,2007).
On March 8,2008, a preliminary conference for frustrated Murder was held. The delay of the trial was due to the arrest of the new accused of the case. On August 13,2008, August 27,2008 hearings were postponed due to the absence of prosecution witness. The defense lawyer Atty. Cyril Yap reiterated that if next hearing the prosecution witness will not appear in court he will file motion for the dismissal of the case.
On September 17,2008, hearing was again postponed due to the absence of Judge and Prosecutor, they had a seminar. Hearing is again set on November 17,2008.
For the meantime, Boquecosa has been detained in Provincial jail, Alabel, Sarangani Province, Mindanao, Philippines for six (6) years without trial.
SUGGESTION ACTION:
Please send letter, fax or email to the concerned government agencies addresses below and urge them to take action for speedy trial of Boquecosa's case.
Please write also the Supreme Court of the Philippines, Hon. Renato Puno , Supreme Court Justice to order Judge Jaime I. Infante, of Regional Trial Court, branch 38, urging him to take speedy trial under their “Justice on Wheels program”.
SAMPLE LETTER
Dear _________,
Re: Philippines: PROLONGED DETENTION, DEPRIVATION OF LIBERTY, detained for six (6) years without trial.
Name of victim: Pegie Boquecosa (27), suspected of being a member of a revolutionary group, New People's Army, presently detained at Provincial Jail, Alabel, Sarangani Province, Mindanao, Philippines.
Place/Date of arrest: barangay Colon, Maasim, Sarangani on 11 september 2002.
Judge handling the case: Hon. Jaime I. Infante, Regional Trial Court, branch 38, Alabel, Sarangani Province.
Case status: Detained for more than six (6) years without trial
I am deeply concerned by the prolonged detention of Pegie Boquecosa (27), since his arrest on 11 September 2002. He is currently detained at Provincial Jail, Alabel, Sarangani Province, Mindanao, Philippines. He was arrested for charges relating to his alleged involvement with the revolutionary group, New People's Army (NPA).
According to the information I received, the formal charges against the victim was only filed on October 2005. Four (4) separate cases were filed at the Regional Trial court (RTC) branch 38 of Alabel, Sarangani Province. Criminal case # 1934-05 for Frustrated Murder, criminal case # 1935-05 for Frustrated Murder, criminal case # 1936-05 for Frustrated Murder and criminal case # 1937-05 for Robbery with Violence against and/or intimidation of persons. The handling Judge is Hon. Jaime I. Infante.
He was finally arraigned on January 10, 2006. On 14 March 2006 hearing was postponed due to non-availability of Judges and court personnel they had seminar.
Several scheduled hearings were postponed due to lack of material time, absence of prosecution witness or non-availability of the Judge. The arrest also of his co-accused in the case contributed to the delay of the trial.
For six (6) years prolonged detention without trial violated the right of Boquecosa for the speedy disposition of his case and his constitutional right for speedy trial.
Under the circumstances, I strongly urge the Supreme Court of the Philippines, Hon. Renato Puno to issue a directive to Hon. Judge Jaime Infante, for speedy trial under his program “Justice on Wheels”.
I trust that you will take immediate action on this case.
Yours sincerely,
--------------------------
PLEASE SEND YOUR LETTERS TO:
1. Ms. Gloria Macapagal-Arroyo
President
Malacanang Palace,
JP Laurel St., San Miguel
Manila
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80
Email: corres@op.gov.ph
2. Hon. Presbitero Velasco, Jr.
Court Administrator
3rd Floor, new Supreme Court of the Philippines
Annex, Padre faura St., Ermita, 1000 Manila
email: pio@supremecourt.gov.ph
3. Mr. Leandro Despouy
Special Rapporteur on the independence of Judges and Lawyers
Attn. Sonia Cronin
Room 3-060
OHCHR-UNOG
1211 Geneva 10
Switzerland
Fax: +41 22 917 9066 (attn: Special Rapporteur on the Independence of
Judges & lawyers)
email: scronin@ohchr.org
Sunday, October 19, 2008
Press Articles on Political Prisoners
PRESS RELEASE
October 28, 2008
“TFDP URGING FOR THE SPEEDY TRIAL OF PEGIE BOQUECOSA”
Task Force Detainees of the Philippines (TFDP), is urging the speedy disposition of the case of a political detainee named Pegie Boquecosa who is languishing in jail for over six (6) years already without trial. He is presently detained at Provincial jail, Alabel, Sarangani Province.
Boquecosa was arrested on September 11, 2002, but the formal charges against him were only filed on October 2005 or barely three (3) years after his arrest. The delayed of the resolution of his case is due to the prosecutor's negligence. Until now several scheduled hearings were postponed due to lack of time. The absence of the prosecution witness and non-availability of Judge has also contributed to the delay of his trial.
His prolonged detention without trial violated his constitutional rights to speedy trial and further deprived his family of their means of livelihood.
The case of Boquecosa demonstrates also the plight of the rest of the political detainees in the Philippines whose cases are criminalized and suffering from delay.
In Mindanao alone, there are presently 68 political prisoners/detainees languishing in 21 detention centers. They are regarded as freedom fighters whom the government refuses to recognize branding them as terrorists and criminals.
We call on Hon. Renato Puno, Supreme Court Justice to issue a directive to Hon. Jaime Infante, the handling Judge, for speedy disposition of Boquecosa's case under his program “Justice on Wheels”.
We call on to President Arroyo to look into the plight of the political detainees and order for their unconditional release.
_________________________________________________________________
Friday, October 10, 2008
Sun.Star Cebu
Speak out: Teehankee and other prisoners
By Task Force Detainees of the Philippines
THE midnight release of Claudio Teehankee Jr. is another demonstration of the government's lack of sensitivity, regard for peoples' feelings and sense of justice.
Task Force Detainees of the Philippines (TFDP) fully agrees to the statement of Sen. Fransisco Pangilinan that it is “indicative of the state of our system of justice…rotting away because of failed leadership and governance.”
It is indeed a sad reality that oftentimes the law itself and legal procedures are used to justify unjust acts of authorities to parry off the backlash from protesting public.
At the very least, if Justice Secretary Raul Gonzalez and Executive Secretary Eduardo Ermita were being true and real, they must not discriminate, in fact they should in the same manner act more speedily on the release of many other detainees languishing in jail.
There are many people who are innocent but were sentenced nevertheless for a crime for lack of competent lawyers to defend them.
Many detainees, painfully poor, have been serving their sentence long enough and much longer than Teehankee.
There are more than 250 political detainees in different detention centers in the country, and 52 are in the Visayas.
At the Leyte Regional Prison in Abuyog, Leyte, Dindo Absalon and Bonifacio Suyom have been languishing in jail since 1992 and 1996 respectively allegedly for the crime of murder.
The Bureau of Pardon and Parole promised to review and process their release since 1996 but up to now nothing has happened.
In the Ormoc Sub Provincial Jail, Marilou Aligato, a mother of six young children, is jailed allegedly for murder.
In Cebu, there are at least three political detainees charged with murder (Julio Cabusas at the Cebu City Jail and Jerry Labandero and Jimmy Cabarientos at the Talisay City Jail).
Their hearings have been consummated years ago. They are all awaiting decision and hoping to be released.
To think that political detainees, unlike Teehankee, are not supposed to be detained because the acts they have committed were done because of their political belief.
Their cases are not like that of Teehankee, whose crime was borne out of passion and deserve a public condemnation.
If Teehankee was released, should not the political detainees, particularly those we have mentioned above, be released soon too?
Can we also invoke the need for speedy decision on their cases, like in the Teehankee case?
October 28, 2008
“TFDP URGING FOR THE SPEEDY TRIAL OF PEGIE BOQUECOSA”
Task Force Detainees of the Philippines (TFDP), is urging the speedy disposition of the case of a political detainee named Pegie Boquecosa who is languishing in jail for over six (6) years already without trial. He is presently detained at Provincial jail, Alabel, Sarangani Province.
Boquecosa was arrested on September 11, 2002, but the formal charges against him were only filed on October 2005 or barely three (3) years after his arrest. The delayed of the resolution of his case is due to the prosecutor's negligence. Until now several scheduled hearings were postponed due to lack of time. The absence of the prosecution witness and non-availability of Judge has also contributed to the delay of his trial.
His prolonged detention without trial violated his constitutional rights to speedy trial and further deprived his family of their means of livelihood.
The case of Boquecosa demonstrates also the plight of the rest of the political detainees in the Philippines whose cases are criminalized and suffering from delay.
In Mindanao alone, there are presently 68 political prisoners/detainees languishing in 21 detention centers. They are regarded as freedom fighters whom the government refuses to recognize branding them as terrorists and criminals.
We call on Hon. Renato Puno, Supreme Court Justice to issue a directive to Hon. Jaime Infante, the handling Judge, for speedy disposition of Boquecosa's case under his program “Justice on Wheels”.
We call on to President Arroyo to look into the plight of the political detainees and order for their unconditional release.
_________________________________________________________________
Friday, October 10, 2008
Sun.Star Cebu
Speak out: Teehankee and other prisoners
By Task Force Detainees of the Philippines
THE midnight release of Claudio Teehankee Jr. is another demonstration of the government's lack of sensitivity, regard for peoples' feelings and sense of justice.
Task Force Detainees of the Philippines (TFDP) fully agrees to the statement of Sen. Fransisco Pangilinan that it is “indicative of the state of our system of justice…rotting away because of failed leadership and governance.”
It is indeed a sad reality that oftentimes the law itself and legal procedures are used to justify unjust acts of authorities to parry off the backlash from protesting public.
At the very least, if Justice Secretary Raul Gonzalez and Executive Secretary Eduardo Ermita were being true and real, they must not discriminate, in fact they should in the same manner act more speedily on the release of many other detainees languishing in jail.
There are many people who are innocent but were sentenced nevertheless for a crime for lack of competent lawyers to defend them.
Many detainees, painfully poor, have been serving their sentence long enough and much longer than Teehankee.
There are more than 250 political detainees in different detention centers in the country, and 52 are in the Visayas.
At the Leyte Regional Prison in Abuyog, Leyte, Dindo Absalon and Bonifacio Suyom have been languishing in jail since 1992 and 1996 respectively allegedly for the crime of murder.
The Bureau of Pardon and Parole promised to review and process their release since 1996 but up to now nothing has happened.
In the Ormoc Sub Provincial Jail, Marilou Aligato, a mother of six young children, is jailed allegedly for murder.
In Cebu, there are at least three political detainees charged with murder (Julio Cabusas at the Cebu City Jail and Jerry Labandero and Jimmy Cabarientos at the Talisay City Jail).
Their hearings have been consummated years ago. They are all awaiting decision and hoping to be released.
To think that political detainees, unlike Teehankee, are not supposed to be detained because the acts they have committed were done because of their political belief.
Their cases are not like that of Teehankee, whose crime was borne out of passion and deserve a public condemnation.
If Teehankee was released, should not the political detainees, particularly those we have mentioned above, be released soon too?
Can we also invoke the need for speedy decision on their cases, like in the Teehankee case?
Marilou Aligato Woman Detainee
Health deterioration of Ms. Marilou Aligato and her foetus in detention
Case PHL 290107.1.VAW
Follow-up of Case PHL 290107.VAW
VIOLENCE AGAINST WOMEN
Arbitrary arrest/ Torture/ Detention of a pregnant woman in conditions that amount to ill-treatment
The International Secretariat of the World Organisation Against Torture (OMCT) has received new information and requests your URGENT intervention in the following situation in the
The International Secretariat of OMCT has been informed by Task Force Detainees of the Philippines (TFDP), a member of the OMCT network, about the deterioration of the health of Ms. Marilou Aligato, still detained without charges, and the worrisome condition of the baby she carries.
According to the information received, Ms. Aligato is still held in the Ormoc City Sub-Provincial Jail in a cell located next to an overcrowded men’s cell, at the jail entrance and with no possibilities to rest. She has gone through a medical expertise that concluded her foetus seemingly has difficulties in breathing.
Moreover, the Provincial Prosecutor, Fiscal Alan Villar at the Regional Trial Court, still hasn’t decided whether to charge Ms. Aligato with the murder of Sergeant Analasan. According to an eyewitness in this case, only two men were involved in the murder of the army member. In the absence of legal charges against Ms. Aligato as of yet and given her health condition, her counsel, Attorney Nurjue Juego, could request the court to order her provisional release while he is likely to file a motion requesting the reinvestigation of the murder case.
Finally, according to the information received, TFDP is about to file a torture complaint on behalf of Ms. Aligato before the Office of the Ombudsman and the Office of the Commission on Human Rights in Tacloban City.
OMCT is seriously concerned for Ms. Aligato’s health and her baby’s and recalls that in compliance with article 23.1 of the UN Standard Minimum Rules for the Treatment of Prisoners, “Arrangements shall be made wherever practicable for children to be born in a hospital outside the institution.”
OMCT further recalls that according to the Declaration on the Elimination of Violence against Women States shall “exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons” (article 4.c).
Brief reminder of the situation:
According to the information received, on
There she was reportedly ill-treated while she was forced to reveal the whereabouts of her alleged companions of the New People’s Army (NPA). According to the information, one of the military men put a plastic bag over her head and tied it around her neck, and two other men identified as Hosena and Tapia hit her legs with weapons’ butts. She was also boxed in the chest by a man called Hamorawon and hit in the head and the back with guns by other soldiers.
According to the information received, Ms. Marilou Aligato was suspected of involvement in the killing of a soldier at Kananga Marked earlier that afternoon. She was kept in military custody for three days and sent to police custody at the Kananga Municipal Jail.
On
Please write to the authorities in the
1. ensure Ms. Marilou Aligato’s physical and psychological integrity and provide her with adequate medical attention;
2. ensure her immediate release in the absence of valid legal charges, and if such charges exist, ensure that she is given a prompt and fair trial, in which her procedural rights are guaranteed at all times;
3. carry out a prompt, thorough and impartial investigation into the alleged torture of Ms. Aligato, in order to identify all those responsible and to bring them to justice and apply the penal and/or administrative sanctions as provided by law;
4. more generally, ensure women the right to be free from discrimination, including violence, in line with the international laws and standards;
5. guarantee the respect for human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses:
* Her Excellency Gloria Macapagal-Arroyo, President, Republic of the Philippines, New Executive Bldg., Malacañang Palace Compound, J. P. Laurel St. San Miguel, Manila, Philippines. E-mail: opnet@ops.gov.ph, kgma@yahoogroups.com. Fax: (+63) 2 929 3968
* Atty. Teresita Lopez, Provincial Prosecutor, Provincial Prosecutor’s Office, Regional Trial Court,
* Atty. Paquito Nacino, Director, CHR Region VIII, 3rd Flr, R. Yu Salazar Annex Bldg, Salazar St., Tacloban City, Telefax: +63 53 321 3396
* Sec. Eduardo Ermita, Department of National Defense, Camp Aguinaldo, EDSA, 1110 Quezon City, Philippines, E-mail: snd@dnd.gov.ph, sndermita@dnd.gov.ph
* Hon. Primo Miro, Ombudsman of Visayas, Department of Agriculture Compound, M. Velez St. Cebu City, Tel: 063 32 2533195, Fax: 063 32 253 2976
* Sec. Raul Gonzales, Department of Justice, P. Faura, Ermita, 1004
* Lt. Col. Lope C. Dagoy, Commanding Officer, 19th IB PA, 802nd Brigade, Barangay Aguiting, Kananga, Leyte
* Ambassador Enrique A. Manalo, Permanent Mission of the Philippines to the United Nations in Geneva, Avenue Blanc 47, 1202 Geneva, Switzerland, Fax: +41 (0)22 716 19 32, Email: mission.philippines@ties.itu.in
* Embassy of the
Please also write to the embassies of the
******
note: To date Marilou Algiato is still detained at the Ormoc Sub-Provincial Jail in Ormoc City, Leyte Province. She gave birth to her child five months after her arrest in November 2006.
-------------------------------------------------------------------------------
Letter of Marilou Aligato to her Friend Aline
Dear Marie Aline,
Hello. How are you? As for me I am having a hard time in jail. You know friend, it is really difficult here. I wish I could be released soon. There are many people around here. Different persons, different characters. Most of them are with bad manners.
You know friend, my children are suffering very much too. They are still young and without (a mother) to depend on. Only my mother takes care of my six children because I have no more father. But even if it is difficult, I know we will survive. All that happened to me were sad. First my younger brother was killed, also my father. Now they imprisoned me.
I did nothing wrong friend. I hurt but I am trying to cope because there are many people who are helping me and giving me hope. I hope you would be helping me too. Please do not forget me especially this Christmas. Thank you so much for your letter. And please help me to get out of prison soon.
Thank you very much again. Until here for now.
(SGD) Marilou Aligato
Sunday, October 12, 2008
Visayas Political Prisoners and Detainees
Profile of Political Prisoners and
Detainees in the Visayas Province
Detainees in the Visayas Province
Leyte Regional Prison, Abuyog Leyte
1. Bonifacio Suyom
Age: 36
Gender: Male
Sector: Peasant
2. Dindo Absalon
Age: 31
Gender: Male
Sector: Peasant
Fifteen years ago, Bonifacio Suyom at age 21, was a peasant organization working for land reform. He was arrested on March 12, 1992 for the crime of Kidnapping and Rebellion. Suyom was sentenced with reclusion perpetua on February 5, 1997.
Like Suyom, Dindo Absalon was also a peasant organizer in Leyte. He was 20 years old when arrested on October 13, 1996. He was charged with the crime of murder and was sentenced with reclusion perpetua on August 24, 1998.
Task Force Detainees of the Philippines (TFDP) sent an appeal for the release of Soyum and Absalon to the Bureau of Pardons and Parole (BPP), Office of the Presidential Adviser to the Peace Process (OPAPP) and Supreme Court (SC) . Thier cases is now currently being processed by the BPP.
Subscribe to:
Posts (Atom)
