Dear friends,
The Asian Human Rights Commission (AHRC) has been informed that charges have been filed against the policemen involved in violently dispersing a group of public school teachers holding a peaceful demonstration in Manila. They were charged with criminal offenses by the Commission on Human Rights (CHR) and the Office of the Prosecutor in Manila on October 17 and November 19 respectively.
UPDATED INFORMATION: (Based on the information from one of the complainants)
As mentioned in our previous appeal (UA-300-2007), the teachers were peacefully demonstrating to mark the World Teachers Day on October 5 when the policemen attached to the Station 5 of the Manila Police District (MPD) attacked them. The policemen were headed by Chief Superintendent Rogelio (not Roberto as earlier mentioned) Rosales (a.k.a. Jojo), the Station’s commander.
On October 17, the complainants, namely James Pagaduan, Fidel Fababier, Veronica Cabe, Evelia Sator, Geraldine Gutierrez, Lourdes Calaguas and Jane Farinas, filed charges of police brutality and physical injuries, against Chief Superintendent Rosales and several other policemen involved with the Commission on Human Rights (CHR) in Quezon City. They also sought redress for violation of their rights to peaceably assemble and to freedom of expression (for demonstrations, see photo 1 and photo 2)
Others whose names could not be immediately identified are described as John Does in the complaint. They are members of the Special Weapon and Army Tactics (Swat) team and civilian intelligence agents who also took part in violently dispersing the victims. Their names could not be identified at the time because they were not wearing nametags during the incident, but the victims say that they could recognize them if they see them again.
Apart from the charges they have filed at the CHR, on November 19, the victims also filed criminal complaints against the same policemen with the Office of the Prosecutor in Manila. The prosecutor had already accepted their complaint. Once the prosecutor finds probable cause that the policemen can be held criminally liable, the case will be transmitted to the appropriate court who would hear the case.
At the prosecutor’s office, the victims charged the policemen for violating the provisions of Public Assembly Act of 1985 (the Batas Pambansa 880), which regulates public demonstrations. It may be recalled that the victims had already complied with the law, particularly in applying for necessary permits and informing the local government of their activity. Regardless, the police nevertheless attacked and violently dispersed them. The victims also charged the policemen with causing physical injuries and oral defamation.
As mentioned in our previous appeal, even though Plaza Zalamanca, where the victims held demonstrations, had already been designated as Freedom Park, the organizers applied for the necessary permit. It should have not been necessary for them to do so but they applied anyway so as to prevent possible confrontations with the police. The policemen in Manila often routinely use excessive and brute force in dispersing demonstrations. The law requires the local government to act on the application within two working days from the date of filing. In this case, they failed to act on the application, and it should have been deemed to have been approved.
It is also learned that even though the victims have properly informed the Department of Education (DepEd) of the said incident, they have not taken any action. No interventions were taken by them that would have ensured the welfare of their public school teachers, particularly by assisting them in their complaint in seeking redress to their grievances. The teachers have not received any replies from the DepEd on their concerns.
Also, there has not been any information from the CHR since they filed their complaint as to when it would be able to complete their investigation or when the hearing of their complaints takes place.
SUGGESTED LETTER:
Please write letters to the concerned authorities requesting them to ensure that the complaints the victims have filed with the CHR and the prosecutor’s office are immediately resolved and adequately acted upon. They must also afford necessary assistance to these teachers, particularly affording them legal aid in pursuit of their complaints.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ____________,
PHILIPPINES: Police charged for violently dispersing teachers holding peaceful demonstration
Name of victims: Several public school teachers from seven provinces and six cities in Luzon and Metro Manila
Name of alleged perpetrators: Chief Superintendent Rogelio Rosales, commander of the Station 5 of the Manila Police District (MPD) and head of the dispersal unit; one Police Officer Viray, and several policemen attached to the MPD
Date of incident: 5 October 2007
Place of incident: Plaza Zalamanca, Taft Avenue, Manila
I am writing regarding the case of teachers violently dispersed by policemen on October 5 in Manila. As you are aware, the teachers have complied with the provision of the Public Assembly Act (BP 880), particularly of securing permits and informing the local government of their activities prior to their demonstration, but the policemen whose names and units are mentioned above nevertheless violently dispersed them.
I have learned that these teachers have already filed charges for criminal offenses with the Commission on Human Rights (CHR) in Quezon City and the Office of the Prosecutor in Manila on October 17 and November 19 respectively. At the CHR, the policemen were charged for physical injuries and for violating the victims’ rights to peaceful assembly and freedom of expression. At the prosecutor’s office, the policemen were charged for violation of the provisions of the BP 880. They also charged them for physical injuries and oral defamation.
While I welcome this development, I am deeply concerned that unless their complaints are immediately and adequately acted upon this would have little meaning for the victims. As you are aware, in our experience delays in adjudication of cases by the CHR and the prosecutor’s office have long been endemic. Victims of human rights violations have routinely been deprived immediate redress. These delays in handling complaint have often resulted to victims showing lack of interest in pursuing their case. Apart from enduring lengthy period in trial, they too have to endure huge legal expenses.
I presume that you are aware of how difficult it would be for victims once their complaint drags on without any progress. For instance, in this case, their complaint have been filed with the CHR over a month ago, but no schedule for hearing have so far been set. The victims are also not informed when they could complete their investigation. There is also no information of any action taken against the policemen involved, if there is any, in this case.
I therefore urge you to ensure that the victims’ complaints are resolve by the CHR and the prosecutor’s office without further delay. Once it is proven that the policemen involved committed violations, and violated the rights of these teachers when they violently dispersed their peaceful demonstrations, they must be held to account. Immediate sanctions must also be imposed on them to ensure impartiality of the investigation.
Finally, I also urge you to ensure that adequate assistance is afforded to the victims and the complainants, particularly of affording them legal aid in pursuing their case.
I trust that you take immediate action in this case.
Yours sincerely,
——————
PLEASE SEND YOUR LETTERS TO:
1. Mrs. Gloria Macapagal-Arroyo
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. Mrs. Purificacion Quisumbing
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Tel: +63 2 928 5655 / 926 6188
Fax: +63 2 929 0102
3. Deputy Director General Avelino Razon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2 726 4361/4366/8763
Fax: +63 2724 8763
E-mail: bluetree73@gmail.com
4. Mr. Raul Gonzalez
Secretary
Department of Justice (DoJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Tel: +63 2 523 8481
Fax: +63 2 521 1614
E-mail: agnesdeva@yahoo.com
5. Mr Jesli A. Lapus
Secretary
Department of Eduction (DepEd)
DepEd Complex, Meralco Avenue
Ulra complex, Pasig City
Metro Manila
PHILIPPINES
Tel: +63 2 632 1361 to 71
6. Mr. Ambeyi Ligabo
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9177
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR FREEDOM OF EXPRESSION)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
