SAUDI ARABIA/PHILIPPINES: Falsely charged domestic worker convicted in trial in absentia

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-165-2011
ISSUES: Administration of justice, Arbitrary arrest & detention, Migrant workers, Right to fair trial, Victims assistance & protection,

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that a Filipina domestic worker, who was falsely charged for theft, was convicted in trial in absentia. She is presently detained to serve her prison term in Saudi Arabia. She was deprived of any opportunity to defend her case.

CASE DETAILS:

Ms. Melanie Cordon was employed by Mr. Yasir Abdul Asis Al-Hawas as a domestic worker but upon her arrival in Saudi Arabia she was informed that she would be working in the house of Al-Hawas’ brother as this man’s wife had gone through several pregnancies but miscarried with each of them. In June 2011 the couple went on vacation and Melanie was again transferred, this time to the house of Madam Monera, the mother of Yasir Abdul Asis Al-Hawas. 

Melanie was made to work extremely long hours as she had to clean a four storey house. She asked for permission to go home to the Philippines, but Madam Monera asked her to finish one year of her two year contract which should have fallen on August 7. Additionally she asked her to stay until after Ramadan and then they would let her go home.

Melanie packed her belongings in Madam Monera’s house but in July Al-Hawas’ brother and his wife returned to Saudi and asked Melanie to return to them. Melanie left Madam Monera’s house but did not take her luggage, only a few items in a plastic bag.

On August 14 at 11pm which should have been the day of her flight from Jeddah to the Philippines Melanie went to retrieve her luggage from Madam Monera’s house. However, when she arrived to collect her luggage she found that it had been opened. There was a woman standing behind it and she identified herself as a police woman. Melanie was handcuffed and brought to a nearby police station because Madam Monera had accused her of theft. In Melanie’s absence they had examined her belongings and apparently ‘found’ unwashed underwear belonging to Madam Monera with a few strands of hair and a picture which Melanie did see.

Melanie was taken to the Ha’il Main Prison, where she is presently detained, and was only able to make a phone call after one week and two days on August 24, 2011 at 7 pm to her brother informing him of what had happened. The next and last phone call received by her brother from Melanie was on August 31 at 6:29 pm and she said that the judge had entered the cell where she and other prisoners were being held and read out the verdicts to all of the prisoners there. 

In Melanie’s case she was told that she will be jailed for a period of four months to one year. She was never given the opportunity of making her defense and, in fact, never attended a trial. Also, according to what Melanie told her brother, there were other Filipinos in the cell that were sentenced to four months who had already been there for over a year.

SUGGESTED ACTION
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate intervention.

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SAMPLE LETTER

Dear ________, 

Re: SAUDI ARABIA/PHILIPPINES: Falsely charged domestic worker convicted in trial in absentia

Name of the victim: Ms. Melanie Cordon
Name of the complainant: Madam Monera, the mother of Yasir Abdul Asis Al-Hawas (the victim’s employer).
Date of incident: 14 August, 2011
Place of incident: At the residence of Madam Monera
Status of the case: Ms. Cordon remains in detention at the Ha’il Main Prison. In her telephone conversation with her brother, she has informed that there were other Filipinos are still in detention despite completing their prison terms.

I am writing to request for your immediate intervention on the case of Ms. Melanie Cordon, a Filipina domestic worker who have been convicted in trial in absentia after having been falsely charged. She is presently detained to serve her prison term of four months. I protest her conviction as she was deliberately deprived of any opportunity to make her defense. She was also not given any legal assistance.

Ms. Cordon was taken to a police station on August 14 where she was detained for a week. She was then remanded to the Ha’il Main Prison where she is presently detained. It was Madam Monera, the mother of Yasir Abdul Asis Al-Hawas, who made a fabricated of charge on her for theft. On August 31 that she learned she had been convicted for four months when a judge came to their detention facility to read a judgment, which also included the case of other Filipinos who are in the same prison with her.

Prior to her conviction, Melanie was employed by Mr. Yasir Abdul Asis Al-Hawas as a domestic worker but upon her arrival in Saudi Arabia she was informed that she would be working in the house of Al-Hawas’ brother as this man’s wife had gone through several pregnancies but miscarried with each of them. In June 2011 the couple went on vacation and Melanie was again transferred the house of Madam Monera.

Melanie was made to work extremely long hours as she had to clean a four storey house. She asked Madam Monera for permission to go home to the Philippines, but Madam Monera asked her to finish one year of her two year contract which should have fallen on August 7. Additionally she asked her to stay until after Ramadan and then they would let her go home.

Melanie packed her belongings in Madam Monera’s house but in July Al-Hawas’ brother and his wife returned to Saudi and asked Melanie to return to them. Melanie left Madam Monera’s house but did not take her luggage, only a few items in a plastic bag.

On August 14 at 11pm which should have been the day of her flight from Jeddah to the Philippines Melanie went to retrieve her luggage from Madam Monera’s house. However, when she went arrived to collect her luggage she found that it had been opened. There was a woman standing behind it and she identified herself as a police woman. Melanie was handcuffed and brought to a nearby police station because Madam Monera had accused her of theft. In Melanie’s absence they had examined her belongings and apparently ‘found’ unwashed underwear belonging to Madam Monera with a few strands of hair and a picture which Melanie did see.

Melanie was taken to the Ha’il Main Prison and was only able to make a phone call after one week. On August 24, 2011 at 7 pm to her brother informing him of what had happened. The next and last phone call received by her brother from Melanie was on August 31 at 6:29 pm and she said that the judge had entered the cell where she and other prisoners were being held and read out the verdicts to all of the prisoners there. In Melanie’s case she was told that she will be jailed for a period of four months to one year. 

Apart from Cordon’s case, I am also concerned by the continued detention of other Filipino domestic workers despite having served their prison terms. I urge you to immediately intervene on this matter to secure the immediate release of these detainees.

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. Albert Del Rosario
Secretary
Department of Foreign Affairs
2330 Roxas Boulevard
Pasay City
PHILIPPINES
Tel. No.: +63 2 834 4000 

3. Ms. Rosalinda Baldoz
Secretary 
Department of Labor and Employment
Muralla St. cor. Gen. Luna St., 
Intramuros 
1002 Manila
PHILIPPINES
Tel No.: +63 2 908 2917

4. POEA Administrator
Blas F. Ople Building
Ortigas Avenue corner EDSA
Mandaluyong City
POEA Hotlines: 
Tel. No.: +63 2 722 11 44 / 722 1155
E-mail:info@poea.gov.ph

5. Ms. Loretta Ann Rosales
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 

6. Philippine Consulate in Jeddah, Saudi Arabia
Al- Sayeddah Kaddija St.
Al Faisaliyah District 1
P.O. Box 4794, Jeddah 21412
Jeddah
SAUDI ARABIA
Tel.: No. +9662 6600 348 / 6670 925 or 6600 354
Fax: 00-9662-663-0338
Email: jeddahpc@philcongen-jeddah.com

7. Philippine Embassy in Riyadh, Saudi Arabia
D3 Collector Road
Diplomatic Quarter
11693 P.O. Box 94366
Riyadh
SAUDIA ARABIA
Tel. No.: + 9661 482 3615 / 482-0507 / 482-1801 / 482-3816 / 482 4354 / 488 0835 / 482 0474 / 480 3662 
Fax: +9661 488 3945 / 482-1856
Email: filembry@sbm.net.sa

Thank you.

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