[NOTICE: The AHRC have developed a new automatic letter-sending system using the “button” below. However, in this appeal, we could not include e-mail addresses of some of the Philippine authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Philippine authorities are attached below with this appeal. Thank you.]
[Re: UA-325-2006: PHILIPPINES: Eight workers illegally arrested and detained; police threaten to file fabricated charges]
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PHILIPPINES: Illegal arrest; denial of right to remain silent and access to legal counsel; failure to provide food and medicines to arrested persons; food and medicine deprivation; harassment and intimidation
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Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you that the eight workers who were illegally arrested and subsequently falsely charged on September 28 have already been released (To see our original appeal regarding this case, visit: UA-325-2006). The eight workers, all of whom are members of Solidarity of Cavite Workers (SCW), an alliance of labour groups in Cavite, Philippines were released on 4 October 2006 after they were arraigned for charges of trespassing.
The Rosario Municipal Police Station (RMPS) had attempted to file charges of inciting to sedition against Gemma Lape, Lorna Reli, Ivy Villasan, Ana Lou Estrimos, Glaysa Layesi, Josephine Bahar, Pablito Sapata and Rodelito Amo, but the public prosecutor rejected the charges for lack of evidence.
Only the charge of trespassing had been recommended by the prosecutor to be filed at the Municipal Trial Court (MTC) in Rosario, Cavite where they were arraigned and pleaded not guilty to the charge. The preliminary hearing is scheduled on January 8, 2007. The MTC judge ordered the release of the eight workers without imposing any bail considering the charge is “only trespassing”.
Although attempts to include false charges of inciting to sedition against the workers did not succeed, the workers still maintain their innocence of the trespassing charges filed against them. The charges was filed after the Philippine Economic Zone Authority (Peza) police and Jantro security guards caught them staying inside a warehouse inside the Cavite Export Processing Zone (CEPZ) in Rosario, Cavite. The Peza authorities claimed the workers trespassed but the workers claimed otherwise.
According to Gemma Lape, the Peza officials are fully aware that their stay at the warehouse was with their consent. It was Lape who was threatened to be killed by a Peza police officer following their arrest. The workers, seven of whom were formerly employed at a Korean-owned garment factory that closed shop, were securing the warehouse where they former employees’ factory’s equipment is stored to prevent them from smuggling it out until they receive their unpaid salaries, separation pay and other financial obligations.
The Workers’ Assistance Center, Inc. (WAC) strongly believes Peza officials carried out the arrests of eight workers in an effort to crack down supports to workers on strike. It can be recalled that a sack of rice intended for strikers were seized from them, which violates the Peza’s food blockade imposed at workers on strike at Chong Won Fashion, Inc. (CWFI). (Please see our previous appeals: UP-185-2006; UA-314-2006).
While inside the police station, the victims were not allowed to received food and medicine from their police custodians. Had their colleagues outside not supplied them with food, they would have not been able to eat. Some of the victim that caught fever and flu following their arrests would have not been able to recover quickly if not given medicines. Also, two of their male companions were being harassed and threatened with harm by other inmates. But the efforts of the police to prevent such incidents however was negligible.
SUGGESTED ACTION:
Please write letters to the concerned agencies below, in particular the Philippine Economic Zone Authority (Peza) calling for the dropping of charges against the workers. An impartial investigation into a threat made to kill Gemma Lape following their arrests by one of the Peza police officer must also be looked into. If there is sufficient evidence against the Peza police officer involved he must be charged in court. Also, please urge the Peza to refrain from committing illegal and arbitrary acts against the workers on strike.
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SAMPLE LETTER
Dear ___________,
PHILIPPINES: Arrested eight workers released; false charge remains
Name of the arrested workers:
1. Gemma Lape
2. Lorna Reli
3. Ivy Villasan
4. Ana Lou Estrimos
5. Glaysa Layesi
5. Josephine Bahar
6. Pablito Sapata
7. Rodelito Amo
All the seven of them, not including Amo, are former employees of the insolvent Korean-owned garment factory SP Ventures Inc.
Alleged perpetrators: Elements of the Rosario Municipal Police Station, Philippine Economic Zone Authority (Peza) police, Jantro security guards
Date and time of release: At 6pm on October 4, 2006
Place of incident: Inside the Cavite Export Processing Zone (CEPZ), Rosario, Cavite
I am writing to once again draw your attention to the case of eight workers who were illegally arrested and falsely charged in Rosario, Cavite, Philippines. As you aware, they were all illegally arrested and detained on September 28.
According to the information I have received, the workers mentioned above have already been released from jail on October 4, six days after their arrest. A charge of trespassing was filed against them before the Municipal Trial Court (MTC) in Rosario, Cavite. They were arraigned and pleaded not guilty the same day they were released.
While I am pleased that the attempt made by the Rosario Municipal Police Station (RMPS) to include false charges of inciting to sedition against them did not go through, I am deeply concerned that the charge of trespassing would still proceed. The preliminary investigation is scheduled on January 8, 2007.
Firstly, I have learned that the stay of the arrested workers inside the warehouse where the Philippine Economic Zone Authority (Peza) and Rosario policemen claimed they trespassed, was actually with the consent of Peza officials and the warehouse owner. The workers were forced to stay inside the warehouse to secure their former employees' stored factory equipment. The workers fear their former employers would smuggle the equipment out without paying them their unpaid salaries, separation pay and other benefits.
Secondly, it could be that the arrested workers support to the workers on strike in two garment factories could have triggered their arrest. I am aware that the Peza authorities are allegedly imposing a food blockade to workers on strike at Chong Won Fashion, Inc. (CWFI), a garment factory inside the Cavite Export Processing Zone (CEPZ). At the time eight workers were arrested, a sack of rice intended for strikers was seized.
Therefore, allegations of trespassing are not true in this case. I am extremely disappointed that instead of ensuring that workers are paid of their unpaid salary, separation pays and benefits from their insolvent company by the Peza officials they were instead illegally arrested, detained and falsely charged. I urged you to ensure that these charges against these workers are withdrawn without delay. Also, the allegation that a Peza police officer threatened to kill one of the arrested victims, Gemma Lape, after their arrest must be looked into.
The illegal and arbitrary acts by Peza officials and Jantro security guards against the workers on strike, in particular the food blockade, must be stopped and investigated without delay. They must refrain from such illegal acts, as it constitutes violation to the existing rules on strike. If allegations are true that the arrest of eight workers was triggered by their support to strikers, this is totally unacceptable. The Peza officials must be held liable for this.
I trust that you take immediate action in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2 726 4361/4366/8763
Fax: +63 2724 8763
Email: bluetree73@gmail.com
2. Atty. Lilia B. de Lima
Director General
Philippine Economic Zone Authority (PEZA)
Roxas Boulevard corner San Luis Street
Pasay City
PHILIPPINES
Tel No: +63 2 551 3432 / 3454 / 3455
Fax No: +63 2 551 3449 /+63 2 891 6380
Email: dglbl@peza.gov.ph
3. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
4. 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
Email: chiefacosta@edsamail.com.ph
5. Dr. 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@yahoo.com
6. 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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
