[RE: UA-74-2005: PHILIPPINES: Trial of three men yet to begin after three years; UP-78-2005: PHILIPPINES: Delay in trial due to possible neglect by the court and prosecutor; UP-108-2005: PHILIPPINES: Court commences trial of three men due to pressure following frequent postponement; UP-150-2005: PHILIPPINES: Chief State prosecutor acknowledges the allegations of illegal arrest, detention and torture of three men]
—————————————
UP-078-2006: PHILIPPINES: Trial of torture victims case postponed yet again
PHILIPPINES: Torture; delays in adjudication of cases; inaction by public lawyer to investigate complaint of torture; governments inaction to afford torture victims appropriate medical and trauma treatment; violation of right to speedy trial; collapse of rule of law
—————————————
Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you that the trial of torture victims Jejhon Macalinsal, Aron Salah and Abubakar Amilhasan, who are facing alleged fabricated charges, has been postponed yet again. The Municipal Trial Court (MTC), Branch 3, postponed the trial on 23 March 2006 after its newly appointed judge, Alejandro Ramon Alano, withdrew himself from trying the case. Judge Alano was formerly the prosecutor of the illegal possession of firearms case filed against the victims in MTC Branch 3 prior to his appointment as judge. It is not clear as to when the next hearing will be.
According to a reliable source, the MTC Branch 3 has yet to decide which MTC Branches in General Santos City will take over the case. This, however, is a failure on the part of the court personnel, in particular the prosecutor to ensure the case was transferred prior to March 23. Instead of taking appropriate measures to this objective, they waited until Judge Alano was assigned to the case, which ultimately has now been postponed. The AHRC has repeatedly raised serious concerns regarding the manner in which the local court is handling this case. (Please see our previous appeals: UA-74-2005 and UP-78-2005).
It has also been learned that lawyer Yolanda Ogena, the district public attorney attached to the Public Attorneys Office (PAO) in General Santos City, is still avoiding responsibility to investigate the victims complaint of torture. She also failed to intervene to ensure the victims are afforded with appropriate treatment for their full physical and mental recovery. (Please see details of the victims complaint of torture: UA-74-2005 and UP-108-2005). Ms. Ogenas inaction clearly violates the instructions of Persida Rueda-Acosta, the chief Public Attorney, in this case. According to a reliable source, Ms. Ogena has yet to even meet with the victims.
Even though the victims have been released on bail, they are struggling to meet the costs of their litigation owing to the delay in the case. Additionally, the person who posted their bail is now pressuring them to return this. They are unable to do this, however, until the court case is resolved.
Meanwhile, the Regional Trial Court (RTC) Branch 35 has scheduled the next hearing of a separate case of illegal possession of explosives the victims are facing for 22 May 2006. While the AHRC appreciates that the victims case in the RTC 35 is proceeding, it still maintains that the manner in which the hearing is being conducted falls well short of what is required to ensure a speedy trial. Although the court is aware of this, no appropriate measures have been taken to prevent further delays in the adjudication of these cases.
In our previous appeals, the AHRC has repeatedly raised concerns about the persistent delays in adjudication of cases in the Philippines local courts, in particular cases involving torture. (Please see our previous appeals: UP-92-2005 and UA-66-2005) Although the Supreme Court has outlined a programme to address judicial problems, which is the Action Program for Judicial Reform (APJR), the practices amongst the local courts are contradictory to what is required. Despite this, public lawyers, prosecutors, court personnel and judges have not been held accountable for their inaction or inadequate performance. The effort by the government to increase the number of prosecutors, court personnel and judges in order to meet the demands to ensure speedy trial is completely inadequate.
SUGGESTED ACTION:
Please write letters to the agencies listed below raising your serious concern about this case. Please request them to take effective steps to ensure the case is transferred without delay from the Municipal Trial Court (MTC) Branch 3 to the court branch concerned. Once the case is assigned to them, they must prevent further delays and postponement in the trial. Also, please write letters to the chief of the Public Attorney informing her of the inaction of their local officer to investigate the allegations of torture. She should be held accountable if indeed there is negligence on her part to comply with their office instructions.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
PHILIPPINES: Trial of torture victims case is postponed yet again
Name of the victims:
1) Jejhon Macalinsal
2) Aron Salah
3) Abubakar Amilhasan
All of them are Muslims and affiliated members of party list Bayan Muna in Socsksargen (Provinces of South Cotabato, Sarangani, Sultan Kudarat and General Santos City)
Arresting officers: General Santos City Police Office (GSCPO)
Place and date of arrest: At 3:00am on 24 April 2002, Barangay Calumpang, General Santos City, Mindanao.
Courts handling the case: Municipal Trial Court (MTC), Branch 3, Regional Trial Court Branch (RTC), Branch 35, all in General Santos City, Mindanao
I am writing to draw your attention to the case of torture victims Jejhon Macalinsal, Aron Salah and Abubakar Amilhasan in General Santos City. According to the information I have received the presiding judge of the Municipal Trial Court (MTC), Branch 3, Alejandro Ramon Alano postponed the hearing on 23 March 2006 after he withdrew himself from the case. Judge Alano was the former prosecutor of the case of illegal possession of firearms filed against the victims in the MTC Branch 3 prior to his appointment as judge.
I have learned that it is not clear as to when the next hearing will commence or to which Municipal Trial Court (MTC) branches in General Santos City the case will be transferred, thereby delaying the trial of this case further. I am deeply concerned by this recent development. Although the MTC Branch 3 is considering transferring the case to other branches, I am deeply concerned that the delays of the past may occur again. As you are aware, this case has been delayed for some time and it is costing the victims and their families an enormous amount.
While the case is being delayed in court, the victims and their relatives are struggling to cover the expensive costs of the litigation process. They are also being pressured to repay the bail that was posted on their behalf. This, however, can only be done once the case is resolved in court. I am deeply concerned by the manner in which the local court is handling this case.
I am disappointed by the manner in which the court personnel, in particular the prosecutor is handling this case. Instead of ensuring the transfer of the case from the MTC Branch 3 to the relevant MTC branches prior to the scheduled 23 March 2006 hearing, they waited until Judge Alano presided over the hearing which lead to the case once again being postponed. This conduct demonstrates the failure on the part of the court personnel, in particular the prosecutor to prevent delays in adjudication of cases.
Additionally, lawyer Yolanda Ogena, the district public attorney attached to the Public Attorneys Office (PAO) in General Santos City is yet to properly investigate the victims torture complaint. She has also failed to meet with the victims to evaluate their needs for her appropriate intervention--in accordance with the instructions given to her by Persida Rueda-Acosta, the chief Public Attorney.
I therefore urge you to ensure the immediate transfer of this case to the appropriate MTC Branches in order to resume the trial. The concerned MTC branches who take over this case must ensure that speedy trial is observed. Appropriate and adequate measures must be taken to reach this objective. Any action taken must be in accordance with the provisions of the Supreme Courts Action Programme for Judicial Reforms (APJR)--specifically on speedy disposition of cases. Failure by the local court to comply with the said provision must be dealt with accordingly.
I trust that you will take action in this case.
Yours sincerely,
----------------------
PLEASE SEND YOUR LETTERS TO:
1. Mrs. Persida V. Rueda-Acosta
Chief, 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
2. Ms. Rosalinda Tolosa
Regional Director
Commission on Human Rights (CHR)
Sy Compound, Leon Lldio Street
Barangay Lagao
9500 General Santos City
PHILIPPINES
Tel/Fax: +63 83 553-8887
Cotabato City extension Office
Tel: +63 64 482 0384 / +63 64 421 6307
3. Evelyn T. Dumdum
The Program Director
Office of the Program Management (OPM)
Action Program for Judicial Reform (APJR)
New Supreme Court Building Annex Padre Faura St., Ermita,
1000 Manila
PHILIPPINES
Tel. No.: +63 2 552 9578
Fax: +63 2 552 9586
4. Mr. Oscar Noel
The Presiding Judge
Regional Trial Court (RTC) Branch 35
Hall of Justice, Barangay Lagao
9500 General Santos City
PHILIPPINES
Tel. No.: +63 83 301 2110
5. 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
Email: drpvq@chr.gov.ph
6. Mr. Christopher Lock
Deputy Court Administrator
Supreme Court of the Philippines
New Supreme Court Building Annex Padre Faura St., Ermita,
1000 Manila
PHILIPPINES
7. Mr. Raul Gonzales
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
Email: sechbp@infocom.com.ph
8. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
9. Mr. Leandro Despouy
Special Rapporteur of the Commission on Human Rights on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (Attn: Special Rapporteur on the independence of judges and lawyers)
E-mail: scronin@ohchr.org
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
