PHILIPPINES: Lawyer of falsely charged activists now targeted for threats following the killing of her staff

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAU-022-2014
ISSUES: Human rights defenders, Threats and intimidation,

Dear Friends, 

The Asian Human Rights Commission (AHRC) is deeply concerned that a lawyer acting for one of the falsely charged activists is now the subject of targeted threats, overt surveillance and investigations by the government’s intelligence agencies to ascertain if she is a ‘red lawyer’. These threats on her cannot be taken lightly as one of her paralegal staff has already been killed.

UPDATED INFORMATION: (Based on the documentation by the Alliance for the Advancement of People’s Rights (KARAPATAN))

In our updated appeal in August 27, 2013 AHRC-UAU-025-2013 we reported that the arrest orders for fabricated charges for murder against four human rights activists has been cancelled by the court. They were charged for supposedly attacking a convoy on April 25, 2012 in which killed ten soldiers and a civilian in Barangay Gumbang, Tinoc, Ifugao.

In this case, Rene Abiva, one of the twenty human rights and labour activists who were falsely charged, is being represented by human rights lawyer Catherine Dannug-Salucon. She is the national auditor and founding member of the National Union of People’s Lawyer (NUPL). 

On March 24, the Regional Trial Court (RTC) in Lagawe, Ifugao heard the case of Abiva and others. In the hearing, Salucon has raised questions on the merit of the testimony and credibility of the third witness for the prosecution. In her cross-examination, the witness has admitted in court that he had not seen her clients present at the scene where the ambush happened. 

Furthermore, the witness indicated during her questioning that he only came to know of the identities of the accused after he was shown pictures of them before the hearing—which clearly indicates that he was unduly influenced in testifying against the accused. He, however, did not disclose the identity of the person who showed him the pictures. This prompted Salucon to give William Bugatti, her paralegal, a task to get the names, ranks and addresses of the witnesses for the prosecution.

But a day after the hearing, March 25, Bugatti, a human rights defender and member of a Tuwali tribe in Ifugao province, was shot dead by unidentified gunmen along the Ifugao Highway in Bolog, Kiangan. He was on his way home to his family. He sustained three gunshot wounds. Prior to his death, Bugatti had been listed as one of the targets by the military. For details: AHRC-UAC-060-2014

After Bugatti’s death, Salucon learned from a reliable source that the Regional Intelligence Division (RID), an intelligence agency under the Philippine National Police (PNP), had issued a directive to the PNP in Burgos, Isabela to conduct a background investigation on Salucon to confirm whether or not she was a “red lawyer”. Apart from the police intelligence, she also learned that she is the subject of surveillance by the Intelligence Service of the Armed Forces of the Philippines (ISAFP). 

Salucon immediately reported the incident to National Union of Peoples’s Lawyer (NUPL) and Karapatan. She also sought the assistance of the National Bureau of Investigation (NBI) in Isabela. To date, however, no positive report has been made to identify those who were tailing Salucon, despite clearly stating the military and police units in Salucon’s report.  

On April 11, Salucon, with officers of NUPL and Karapatan, filed her petition for writ of amparo and habeas data at the Court of Appeals in Manila. The petitions  sought a temporary protection order for her and her immediate family, and for the State security forces mentioned above to disclose and to destroy all pertinent facts, information, statements, records, photographs, dossier and all other evidence, documentary or otherwise, pertaining to her in their files on record.

Salucon’s name is reportedly included in the military’s Watch List of so-called Communist Terrorist supporters rendering legal services. Salucon is a member of the Philippine Bar and has been a human rights lawyer since her admission to the Bar. She was initially employed with the Public Attorney’s Office (PAO) in Isabela.

Salucon resigned from the PAO and put up her own law office in Ilagan, Isabela. As a private lawyer, Salucon defended several political detainees. Most of her clients are leaders and/or members of peasant and other sectoral and people’s organization, including human rights defenders, who are harassed with trumped up charges. She has actively participated, and is visibly seen in all NUPL activities, even when she was still employed with the PAO. 

SUGGESTED ACTION:
Please write letters to the authorities mentioned below expressing your concern, and requesting their intervention in the case.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ………………,

PHILIPPINES: Lawyer of falsely charged activists now targeted for threats following the killing of her staff

Name of harassed victim: Catherine Dannug-Salucon, a human rights lawyer. She is the national auditor and founding member of the National Union of People’s Lawyer (NUPL)
Alleged Perpetrators: Intelligence agencies attached to the Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP)
Date of incident: 3 April 2014 to present
Place of incident: Isabela, Cagayan Valley 

I am writing to raise my grave concern on the targeted threats, surveillance and for conducting background investigation on human rights lawyer Catherine Dannug-Salucon allegedly by the police and the military intelligence services.

We are aware that Salucon is the legal counsel for Rene Abiva, one of the twenty human and labour rights activists falsely charges for murder at the Regional Trial Court (RTC) in Lagawe, Ifugao. Abiva and his co-accused were charged for supposedly attacking a convoy of soldiers in an attack on April 25, 2012 that killed ten soldiers and a civilian in Barangay Gumbang, Tinoc, Ifugao.

On March 24, 2014 the Regional Trial Court (RTC) in Lagawe, Ifugao heard the case of Abiva and others. In the hearing, Salucon has raised questions on the merit of the testimony and credibility of the third witness for the prosecution. In her cross-examination, the witness has admitted in court that he has not seen her clients present at the scene where the ambush happened. 

Furthermore, the witness indicated during her questioning that he only came to know of the identities of the accused after he was shown pictures of them before the hearing—which clearly indicates him being unduly influenced in testifying against the accused. He, however, did not disclose the identity of the person who showed him the pictures. This prompted Salucon to give William Bugatti, her paralegal, a task to get the names, ranks and addresses of the witnesses for the prosecution.

But a day after the hearing, at 7pm on 25 March, Bugatti, a human rights defender and member of a Tuwali tribe in Ifugao province, was shot dead by unidentified gunmen along the Ifugao Highway in Bolog, Kiangan. He was on his way home to his family. He sustained three gunshot wounds.

After Bugatti’s death, Salucon learned from a reliable source that the Regional Intelligence Division (RID), an intelligence agency under the Philippine National Police (PNP), has issued a directive to the PNP in Burgos, Isabela to conduct a background investigation on Salucon to confirm whether or not Salucon is a “red lawyer”. Apart from the police intelligence, she also learned that she is the subject of surveillance by the Intelligence Service of the Armed Forces of the Philippines (ISAFP). 

Salucon reported the numerous incidents of threats and overt surveillance on her to the National Union of Peoples’s Lawyer (NUPL). She also sought the assistance of the National Bureau of Investigation (NBI) in Isabela. To date, however, there were no substantial progresses to her request to identify those who either give orders or carrying out the orders to target Salucon. 

I urge you to conduct an effective investigation in order to identify and to hold to account those responsible on this targeted threats and surveillance on Salucon. I urge you to use your authority to ensure Salucon’s petition for writ of amparo and habeas data is resolved promptly to her favor. 

To target human rights lawyer for defending the rights of their clients is unacceptable. Such act does not only attack her person, but on the legal profession as a whole. I urged you to ensure Salucon’s safety and security so she could carry out her duties and obligations without repercussions. This will ensure that she could defend her clients in court, and their fundamental right to fair trial is upheld.

I trust that you will take appropriate action in this.

Yours sincerely,

—————————— 
PLEASE SEND YOUR LETTERS TO: 

1. Mr. Benigno Aquino III 
President 
Republic of the Philippines 
Malacanang Palace 
JP Laurel Street, San Miguel 
Manila 1005 
PHILIPPINES 
Fax: +63 2 736 1010 
Tel: +63 2 735 6201 / 564 1451 to 80

2. Ms. Loretta Ann Rosales
Chairperson
Commission on Human Rights 
SAAC Bldg., Commonwealth Avenue 
U.P. Complex, Diliman 
Quezon City 
PHILIPPINES 
Fax: +63 2 929 0102 
Tel: +63 2 928 5655 / 926 6188 
E-mail: chair.rosales.chr@gmail.com

3. Police Director Alan LM Purisima
Chief, Philippine National Police
Camp General Rafael Crame
Quezon City
PHILIPPINES
Fax +632 7248763
Email: feedback@pnp.gov.ph

4. Ms. Leila de Lima 
Secretary 
Department of Justice (DOJ) 
DOJ Bldg., Padre Faura 
1004 Manila 
PHILIPPINES 
Fax: +63 2 521 1614 
E-mail: soj@doj.gov.ph

Thank you. 

Urgent Appeals Desk 
Asian Human Rights Commission (AHRC) (ua@ahrc.asia) 

Document Type : Urgent Appeal Update
Document ID : AHRC-UAU-022-2014
Countries : Philippines,
Issues : Human rights defenders, Threats and intimidation,