PHILIPPINES: Arrest and detention of activists; violent dispersal and use of excessive force during demolition; violence against women and children; filing of fabricated charges; denial of right to housing; inaction by local officials to provide relocation sites; imposition of excessive bail; food deprivation while in detention
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Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you that excessive bail has been imposed on the 12 activists arrested, detained and charged for the September 29, 2006 violent demolition in Lapu-lapu City (Please read our previous appeal: UA-330-2006). A city prosecutor handling their case has recommended a Php 80, 000 (USD 1,600) bail for each of the victims for their temporary release.
According to the Kilusan Para sa Pambansang Demokrasya (Movement for National Democracy) or KPD, on October 18, the prosecutors office has recommended the filing of charges for violation of Section 10 of the Special Protection of Children Against Abuse, Exploitation and Discrimination Act (Republic Act 7610) against the activists. They were also charged for violation of Article 151 of the Revised Penal Code (RPC) for resistance and disobedience to a person in authority. The case was filed at 5:05pm, which is five minutes beyond the official office hours.
Those facing charges were activists Emalyn M. Aliviano, Almirie B. Morgado, Joan I. Martinez, Lourd Sherry V. Perez, Rosita D. Blando, Ashbel C. Edaño, Reyniel Jim V. Perez, Deo Cane Jabines, Melba C. Ugbinada, Ronald Sitoy, Jordan M. Jainar and John Francis B. Aguilar. All of them are members of the KPD.
Although the charges for violation of RPCs Articles 153 (Tumults and other disturbance of public orders; Tumultuous disturbance or interruption liable to cause disturbance) and Article 154 (Unlawful use of means of publication and unlawful utterances) were also filed but they were rejected for lack of probable cause.
It may be recalled that the 12 activist were accused by the Lapu-lapu City Police Office (LCPO) for using children in the conduct of their protests, the allegation which the victims denied. According to KPD, the children were already present there since they are children of the villagers whose houses were subject to demolition. The group was present to support villagers whose houses were being illegally demolished at the time.
Following their arrest on September 29, they were detained for 21 days at the temporary detention cell in Lapu-lapu City police station before they were transferred to Soong City Jail on October 19. While they in the custody of Lapu-lapu City police, it is reported that they were deprived of food rations. The detainees colleagues and relatives had to supply food and other goods for them at the jail.
There are serious concerns that unless the court handling their case granted petition by the activists lawyer to reduce the excessive bail imposed upon them, they may have difficulty of securing their temporary release. The victims had no capability of producing the excessive sums of money to post bail as they belong mostly to poor families.
SUGGESTED ACTION:
Please send letters to the concerned agencies, in particular the local court concerned, requesting their intervention in this case. The local court concerned must consider reducing the excessive bail imposed upon the activists without delay. The court must also ensure that a speedy disposition of this case is observed. An inquiry into the alleged deprivation by the police authorities in Lapu-lapu City of food ration to the victims while in detention must be thoroughly investigated. Appropriate charges must also be filed against the policemen involved if the allegations are found to be true.
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SAMPLE LETTER
Dear __________,
PHILIPPINES: Excessive bail imposed on 12 arrested activists; deprived of food rations while in police detention
Names of activist facing charges:
1. Emalyn M. Aliviano (23), of Pajo, Lapu-lapu City, spokesperson of Kilusan Para sa Pambansang Demokrasya (KPD)
2. Almirie B. Morgado (19) of Pajo, Lapu-lapu City, Member of KPD
3. Joan I. Martinez (24) of Pajo, Lapu-lapu City, organizer for Youth for National Democracy (YND)
4. Ashbel C. Edaño (19) of Warweck Barracks, Carbon, Cebu City, member of KPD
5. Reyniel Jim V. Perez (22) of Junquera St., Cebu City, member of KPD
6. Deo Cane Jabines (23) of Tisa, Labangon,Cebu City, member of KPD
7. Lourd Sherry V. Perez (23) of Pajo, Lapu-lapu City; member of KPD
8. Melba C. Ugbinada (22) of Babag, Lapu-lapu City
9. Rosita D. Blando (54) of Pajo, Lapu-lapu City
10. Ronald Sitoy (21) of Junquera, Cebu City
11. Jordan M. Jainar (19) of U.R., Katipunan, Cebu City
12. John Francis B. Aguilar (19) of Junquera, Cebu City
All of them are presently detained at the Soong City Jail.
Alleged perpetrators: Elements of Mactan Police Stations (MPS), Special Weapon and Tactics (Swat), Lapu-Lapu City Police Station and demolition team from the City government of Lapu-lapu
Place of incident: Barangay (village) Mactan, Lapu-lapu City, Cebu
Date of incident: at 8:45am on September 29, 2006
Status of the case: All of them are facing charges for violation of Republic Act 7610 and Article 151 of the Revised Penal Code before a court in Lapu-Lapu City.
I am writing to draw your attention to the case of 12 activists, all of whom are members of the Kilusan Para sa Pambansang Demokrasya (KPD), whose names are mentioned above.
According to the information I received, on October 18, the victims have already been formally charged for alleged violation of Section 10 of RA 7620 and Article 151 of the Revised Penal Code before a court in Lapu-lapu City. The charges were filed in connection with the violent demolition by elements of the Lapu-Lapu City Police Office (LCPO) and a demolition team from the city government taken on September 29.
I am aware that the 12 activists on September 29 were at the time holding a protest action in support of the local villagers whose houses were threatened to be illegally demolished in Barangay (village) Mactan in Lapu-lapu City. The activists and the villagers actions, however, have failed as the police and demolition team succeeded in demolishing them. And thereafter, the activists were indicted in court of charges that could be false.
While I acknowledge that the case is already in court and it is now on the hands of the court to decide on this case, but I would like to register once again my concern that the charges filed against them could be fabricated. According to the information I received, the activists had nothing to do with the presence of the children during the protest action, which actually triggered the filing of charges by the police.
Not only do they have to endure litigation of a case that could be fabricated, I have also learned the bail recommended for the temporary release of the 12 persons have been excessive–which amounts to Php 80,000 (USD 1,600) for each of them. You are aware that the state acknowledges and respects the constitutional rights of every accused to post bail for their temporary release, but given this huge bail imposed on them I am concerned that they have already been denied of such right.
I therefore urge you to use your authority to ensure the local court consider in reducing the recommended bail of these persons. One is to grant without delay the petition by their lawyer seeking for reduction of their bail. I have learned that most of these persons in jail mostly belong to poor families. Therefore, they may not be able to produce the recommended bail amount unless the court reduces it.
Additionally, I urge you to look into allegations that the Lapu-Lapu City Police office, where these persons were detained from September 29 to October 17, has deprived them of food rations while in their police detention. I am extremely shocked of this inhuman treatment and total disrespect of the detainees rights by the local police. I therefore urge you to have this case investigated to determine the liability of the police, and to file appropriate charges against them if evidence is sufficient.
I trust that you take immediate action in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mayor Arturo Radaza
Office of the City Mayor
Lapu-lapu City
PHILIPPINES
Telefax: +63 32 340 0656
Email: mayorradaza@yahoo.com
2. P/Supt. Louie Tiroy Opus
Philippine National Police Headquarters (PNP-HQ)
City Hall Compound, Pusok
Lapu-lapu City
PHILIPPINES
Tel: +63 32 341 1311
Fax No.: +63 32 341 5704
3. Mr. Alejandro Alonzo
Regional Director
Commission on Human Rights (CHR)
Cor. Rosal and Laurente Streets
Cebu City
PHILIPPINES
Telefax: +63 32 254 6921
Email: chr7cebucity@yahoo.com
4. Mr. Orlando Casimiro
Deputy Ombudsman
Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices
3rd Floor, Ombudsman Bldg., Agham Road, Diliman (1104)
Quezon City
PHILIPPINES
Tel: +632 926 9032
Fax: +63 2 926 8747
Email: omb1@ombudsman.gov.ph
5. Director General Oscar Calderon
Chief of Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2 726 4361/4366/8763
Fax: +63 2 724 8763
6. Mrs. Persida V. Rueda-Acosta
Chief of Public Attorney Office (PAO)
DOJ Agencies Building,
NIA Road East Avenue
1104 Quezon City
PHILIPPINES
Tel. No. +63 2 929 9010 / 9436
Fax No. +63 2 927 6810 / 926 2878
Email: chiefacosta@edsamail.com.ph
7. Vice-President Noli de Castro
Chairman
Housing and Urban Development Coordinating Council
Office of the President
6th Floor Atrium Building, Makati Avenue
Makati City 1200
PHILIPPINES
Fax: +63 2 811 4118
Email: mis@hudcc.gov.ph
8. Ms Leila Zerrougui
Chairperson
Working Group on arbitrary detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
9. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Attn: Melinda Ching Simon
Room 1-040
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
