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Attacks on Lawyers are Attacks
on the Legal Profession and on Human Rights
Edre U. Olalia
International Officer, Counsels for the Defense of Liberties (CODAL),
Philippines
Presented before the Annual Congress of the Dutch Bar Association
Haarlem, The Netherlands; 29 September 2006
INTRODUCTION
Imagine yourself as a lawyer who has been practising for more than 30
years but now could not go to a court hearing without having to mind that
you could get shot on your way to court.
Imagine yourself as a lawyer who just stepped out of a meeting with
clients to buy milk for your little daughter but would not make it to her
because you would be shot while riding a public vehicle in a busy street.
Or as a lawyer who cannot go to office or go home to your wife and kids
because strange men in motorcycles have been asking your whereabouts.
And imagine yourself as a lawyer labelled by the military as an “enemy of
the state”; or that you get SMS messages that you should not go to court
to prosecute a case; or that you stop your work or else you will suffer
the same fate as others; or that you are blocked at a checkpoint on your
way to court; or that your car would be burned by unidentified men; or
that you have to change your mobile number several times because they are
tapped.
Here in Holland, -- except perhaps for the fact that it is not difficult
to imagine yourselves as lawyers as I have it on good information that
everyone here is a lawyer or attorney -- these things may be unimaginable.
But back in my country, these attacks on lawyers do happen and are not
part of our imagination.
With privilege and honour, I come here upon your invitation to testify on
what is going on in a far away place half across the globe.
ATTACKS ON JUDGES AND LAWYERS
Ms. Jovy Magsino, counsel for progressive groups and local official vocal
against military abuses and mining projects affecting the people. Riddled
with bullets while driving.
Ms. Arbet Yongco, lawyer prosecuting a parricide case against a cult
leader belonging to a powerful family. Shot inside her house.
Mr. Felidito Dacut, counsel for unions and people’s organizations. Shot
while inside a passenger jeepney on his way to buy milk for his 3-year old
daughter.
Mr. Charles Juloya, lawyer for unions and political prisoners. Shot
several times in front of his law office. Survived but is still under
threat.
Mr. Romeo Capulong, United Nations ad litem judge and foremost human
rights lawyer in the Philippines. Subjected to four separate attempts on
his life.
Mr. Henrick Gingoyon, judge handling a controversial case against the
government over an anomalous airport project and formerly counsel for
people’s organizations. Gunned down on New Year’s eve on his way home.
Mr. Jobert Pahilga, young lawyer for peasant organizations and the
progressive opposition. Subjected to intense surveillance and death
threats.
There have been 17 lawyers and 10 judges killed since 2001 for reasons
related to their profession. These attacks continue to this day and are
but a small part of the 755 civilians extrajudicially killed, 359 others
who survived, and 184 still missing.
WHY DO THESE LAWYERS GET ATTACKED?
The reasons for the attacks on activists, human rights workers, indigenous
people, farmers, workers, journalists, and church leaders by forces linked
with the government may be fully explained in another occasion.
But for the legal profession in the Philippines, most of the victims are
those that give their legal services to critics of the government or those
who work for reforms. They are the most effective, vocal and dedicated
lawyers who defend the rights of the poor and the oppressed as part of
their duty. A good number are also advocates for genuine reforms.
These attacks are not new. There has been a long history since Martial Law
of Marcos. It is a denial of the right to effective and independent legal
counsel. Today, these attacks have reached a new height and impunity.
RESPONSES OF THE LEGAL COMMUNITY
Believing that everyone is entitled to legal representation and that the
cause of the client should not be imputed to counsel, various responses to
these attacks have arisen, both local and international.
We ourselves formed the Committee for the Defense of Lawyers or CODAL, now
called the Counsels for the Defense of Liberties.
RESPONSE OF THE DUTCH LEGAL COMMUNITY
We were linked by a member of your host Haarlem Bar Association to a
foundation called Stichting Advocaten voor Advocaten. It supports lawyers
under attack especially those involved in human rights so that they can
exercise their profession without interference.
The Lawyers for Lawyers Foundation (in cooperation with the Dutch Lawyers
without Borders: Advocaten Zonder Grenzen and the IADL) went on a
fact-finding mission to the Philippines to investigate the reports on
these attacks.
The Mission confirmed a pattern in the harassment and killings of human
rights lawyers and understood these in relation with the other killings
and attacks in the Philippines.
Indeed, the attacks undermine the rule of law and erode faith in the
courts and the independence of judges and lawyers.
The Mission Report called “From Facts to Action” was received very well in
the Philippines, here and abroad. Of course, the Philippine government,
especially the police and the military have reacted strongly and called
the members of the Mission fake lawyers.
New incidents happened since then: another serious assassination attempt
on a respected senior lawyer, the threats on two women people’s lawyers,
and the labelling of key members of CODAL.
As advocates, we face these threats and hardships while we perform our
duties to our clients, to the profession, to the courts, and to society.
But we shall overcome and we carry on.
RELEVANCE OF THESE ATTACKS TO THE DUTCH BAR
It should not be difficult to see that any attack on any lawyer should
have an impact on other lawyers in other countries. After all, we all
believe in the rule of law; in effective and independent legal
representation; in due process; in freedom, democracy and justice. Noble
words that can be achieved if those tasked to uphold them are free from
any attack on their lives, liberty and property.
The attacks on our fellow lawyers mean the attack to the independence of
our profession. This independence is what we are taught, trained and
practice. Though not as dangerous to life and limb like in my country, the
same principle remains here.
Indeed, an attack on any lawyer in the exercise of his profession is an
attack on me, on you and the legal profession.
It is important that the worthy initiatives done by your colleagues here
will be supported in useful ways; that further action be taken; and that
you will stand with us to stop these attacks on the profession, on human
rights and to life itself.
I give you the warmest solidarity greetings from my colleagues who
continue to carry on despite these challenges, the relatives of the
victims who find comfort in the concern shown by your colleagues, and my
people who continue to struggle for democracy and justice.
Congratulations to your Congress, best wishes to all of you and we hope
there is “music” in advocacy not only in the Netherlands but also in the
Philippines and elsewhere.# |
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