Dear Friends,
The following is a forwarded appeal from Task Force Detainees of the Philippines (TFDP) regarding a case of harassment of a human rights activist.
According to the following urgent appeal, Mr. Johnny F. Diozon, one of the staff members of TFDP who is in charge of the Northern Luzon region, has been harassed by being prosecuted for his alleged participation in a kidnapping and robbery that occurred in October 2001, even though there is no substantial evidence of his involvement. The case has already been filed in the regional trial court.
We are worried about the case of Diozon because this type of reaction from government agencies will threaten human rights activities, like Diozon’s long efforts for the rights of peasants, the protection and promotion of human rights and the advocacy of genuine democracy. Therefore, we would like to urge the Philippine authorities to conduct an impartial investigation that we believe will exonerate Diozon of these charges and will send a message to the authorities that they must no longer harass human rights workers in the Philippines by prosecuting them for crimes without evidence.
Please send your polite appeals to the Philippine authorities mentioned below.
Thank you for your action.
Urgent Appeals Desk
Asian Human Rights Commission
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URGENT APPEAL
Call for the government agencies concerned to have an impartial investigation that would lead to the dismissal of the case filed against Mr. Johnny Diozon.
September 23, 2002
– Case: Harassment
– Name of Victim: Johnny F. Diozon
– Date of Incident: March 22, 2002
– Perpetrators: State prosecutor Philip Kimpo, Police Supt. Christopher Laxa and Alejo family
FACT SHEET
Incident of Kidnapping
Last March 22, 2002, Mr. Diozon received a text message from Lita Bayudan, chairperson of the Samahan ng Manggagawang Bukid ng Bongabon (SMB), informing him that he is one of the suspects or is implicated in the alleged kidnapping for ransom and robbery incident that happened last October 7, 2001 at Brgy. Calaanan, Bungabon, Nueva Ecija involving Julio Alejo and his son Julius. Such case is already filed at the Regional Trial Court, branch 40 at Palayan City, Nueva Ecija.
The allegations
Mrs. Neda Alejo and Mrs Francisca Alejo wife and mother of Julio Alejo implicate Mr. Johnny Diozon, together with five other individuals and twenty (20) John Does, on the herein criminal case filed at the Regional Trial Court Branch 40 in Palayan City.
Mrs. Francisca Diozon, a 70-year-old woman in her first affidavit did not mention anything as regards the alleged participation of Diozon; it only came to court in her supplemental affidavits submitted several months after the incident. Mrs. Francisca Alejos testimonies are only based on the pictures (of Diozon taken during the training) presented to her by members of the PNP.
CASE UPDATE
A motion to dismiss the case was filed by Atty. Leonardo Padolina, Diozons legal counsel, last May 20, 2002, at Regional Trial court Branch 40 for lack of probable cause. Such motion was denied and instead a new investigation on the case has to be conducted. It was DENIED, stating that the failure to mention Johnny Diozon (in the statement of the witness) was through plain oversight; it cannot be mistaken through oversight this being a capital offence where the resolution must clearly and distinctly set forth with particularity the participation of suspects.
BACKGROUND
Mr. Diozon has been working with the peasants in San Leonardo, Nueva Ecija who have their struggles for their rights to land. He facilitated several human rights education, campaigns and dialogue with the concerned government agencies for the acquisition and distribution of land through the comprehensive Agrarian Reform Program (CARP).
There was one occasion where Diozon and his co-staff in the Task Force Detainees gave Human Rights Training with the peasant of SMB (Picture shown by the witness was taken in that training) after that some of the PNP members nearly arrested them, they were asked/summoned to the Police Headquarters for some questioning. Since the group just gave human rights education to the peasants and has no other agenda, they were cleared of their doubts regarding the activities and organisation of the group.
Johnny Diozon is a regular staff of Task Force Detainees of the Philippines assigned in the Northern Luzon Region, he was employed on October 15, 1995. As a regional staff, his tasks are:
– Facilitates the release of political prisoners in their areas;
– Assist victims of human rights violation and their families to seek justice and indemnification of the victims;
– Assists in organising victims and relative of PPs and other human rights violation victims;
– Build and strengthen alliances and networks;
– Document cases of human rights violation, and conduct researches on human rights issues;
– Facilitates education and training on human rights to farmers, students, professionals and other groups and individuals.
ACTION REQUESTED
Please write polite letters to express your concern on this case and ask the concerned authorities to:
1. Appeal and pressure the government agencies concerned to undertake an impartial investigation that would lead to the dismissal of the case filed against Mr. Johnny Diozon;
2. Take actions in the protection, respect and promotion of peoples rights;
3. Not allow actions, like implicating innocent people in a crime without substantial evidence, like what happened to Diozon;
4. Let justice prevail for those people implicated in a crime only on the basis of mere suspicion, and let those working for the protection, respect and fulfilment of peoples rights be spared from any crime related to their work.
SEND LETTERS TO:
1. Her Excellency Gloria MacapagalArroyo
President of the Philippines
Malacañang Palaca compound, New Executive Building,
J.P. Laurel St., San Miguel, Manila
PHILIPPINES
Fax: +632 929 3968
E-mail: opnet@ops.gov.ph or kgma@yahoogroups.com
2. Hon. Hernando B. Perez
Secretary of the Department of Justice
DOJ Building, Padre Faura, 1004 Manila
PHILIPPINES
Tel: +632 526-2746/524-8994
Email: sechbp@info.com.ph
3. Atty. Philip I. Kimpo
State Prosecutor II
DOJ Building, Padre Faura, 1004 Manila
PHILIPPINES
4. Judge Erlinda Pestaño-Buted,
Presiding Judge
Regional Trial Court (RTC), Third Judicial Region,
Brach 40, Palayan City
PHILIPPINES
SEND COPIES TO:
1. Hon. Purificaion Valera Quisumbing
Chairperson, Commission on Human Rights
SAAC Bldg, Commonwealth Avenue,
Diliman, Quezon City
PHILIPPINES
Tel: +632 928-7240
Email: jake_mejia@rocketmail.com
2. Police Senior Supt. Dominador A. Flores, Jr.
Chief of the Philippine National Police
(PNP) Regional Intelligence Office, Region III (RIOIII)
Camp Olivas, San Fernando, Pampanga,
PHILIPPINES
