UPDATE (Philippines): Delay in trial due to possible neglect by the court and prosecutor 

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the further postponement in the trial of Jejhon Macalinsal, Aron Salah and Abubakar Amilhasan due to a possible neglect by the court and prosecutor. Despite the case having been scheduled for hearing four times in June, the trial has not go ahead due to postponements.

A reliable source said the hearings set for June 2 and 14, 2005 was cancelled because the judge handling the case traveled out of town. It was also set for June 13, but was again postponed because the date was a public holiday. On June 16 it was heard, but because of the prosecutor’s failure to ensure that his witnesses appeared in court on that date, it was again postponed for 5 January 2006.

The AHRC has previously issued an appeal for speedy trial in this case. The three men have been charged with illegal possession of firearms and explosives. They were tortured and illegally detained after their arrest. The police suspected them of having played a role in Fitmart Mall bombing on 21 April 2002. But strangely they were not charged for the bombing. Since the case was filed in April 2002, the court has failed to start the trial (please see UA-74-2005 for details).

The three men have already asked the Supreme Court to transfer their case to another court. They question the manner of how the judge is handling their case. The Supreme Court, however, has not honored their request. The high court explained that requests for transfer should be filed in the local court concerned for deliberation and approval. Such notice has left them with no other option but to submit to the local court’s procedure. They remain unhopeful however.

Meanwhile, the Supreme Court responded to the AHRC’s letter appealing for a speedy resolution. In his May 23 letter to the AHRC, chief justice Helario Davide Jr. said he already referred the matter to the high court’s court deputy administrator Hon. Christopher Lock for appropriate action. Although Lock has requested the judges concerned to comment and take appropriate action for the speedy resolution of the case, the local court has not acted on it yet.

Up to now the three men and their relatives have experienced difficulties in financing the legal expenses of the case. They also have to raise money to pay for their food, transportation and rent for the safe house in which they are living. The three men no longer live normal lives. Since being released on bail, they have been living in fear and kept in safe places while awaiting their trial.

We urge your immediate action to request the high court to intervene and to prevent further postponement and delay in this case. An inquiry should be conducted into whether the court personnel, judge and the prosecutor have neglected their duties if this directly resulted to the cancellation, repeated postponement and delay of the case. The case should be transferred to another court branch if the judge concerned is found not capable of resolving the case immediately. The hearing of the case must be re-scheduled from 5 January 2006 to the earliest possible time.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
———————————————————————

 

To support this case, please click here: SEND APPEAL LETTER