Morong 43 attend
hearing at Morong Regional Trial court
on their transfer
from the AFP camp to a civilian police jail,
start fasting until
the AFP obeys the court order
Morong, Rizal
April 16, 2010
Here is a report from the counsels
of the Morong 43 dated April 17::
Here are first known public group pictures of the Morong health workers.
These were taken immediately after the hearing yesterday before the Morong
Regional Trial Court on the issue of their transfer from a military camp
to a civilian police jail. There is an obvious scheme to keep them in the
hands and at the mercy of the military.
They have been in the military camp since their illegal arrests last
February 6, 2010 and have since been subjected to various forms of
physical and psychological torture, threats, coercion, harassments,
intimidation, repeated and endless interrogations without the presence of
counsels of their choice, among others. Their families are also being
surveilled, harassed and threatened. Their private doctors are arbitrarily
refused entry. They are still being subjected to psychological torture and
psy-war tactics and to arbitrary restrictions. Five of them are presently
segregated from the rest, kept in a military safehouse and are under
duress and given military lawyers who eased out their counsels of choice.
The latter have not been allowed to see or confer with the five since the
start of March.
In spite of all of these and what they went through, they remain
steadfast, committed, now even more assertive of their rights and in a
fighting, defiant yet still jolly mood as the first picture shows. It was
taken at the end of the lawyers' briefing and before they were herded back
to the military buses en route back to the military camp.
They shall go on fasting starting today in protest of their continued
detention in the military camp and the deliberate refusal of the military
to bring them to the last two hearings before the Philippine Commission on
Human Rights (CHR) where they filed complaints against the military and
police for atrocious human rights violations based on well-documented
accounts. The military continues to defy and disrespect the CHR mandatory
orders.
/p
/p
Photos courtesy of KARAPATAN
x
Health Alliance for Democracy (HEAD)
2/F Doña Anita Bldg, 284 E. Rodriguez Ave., Quezon City
Telefax: (02) 725 4760 Email: headphil@gmail.com
Media Release
10 April 2010
AFP’s Bungled Transfer of Morong 43: Incompetence or Insolence?
The botched transfer of the 38 illegally detained health workers to Camp
Crame yesterday again highlighted the cavalier attitude of the Armed
Forces of the Philippines.
Health Alliance for Democracy today strongly denounced the failure of the
AFP to coordinate with officials of the Philippine National Police to
ensure a proper transfer of custody.
“The AFP is engaging in a charade of complying with court orders, when in
fact it is doing the exact opposite,” said Dr. Geneve Rivera, HEAD
secretary-general. “The military authorities want to appear as though they
are now abiding by the rules even though they are merely going through the
motions.”
“In truth, they remain consistent in their insincerity and defiance of due
process!”
The health group believes that the AFP has undermined the transfer by
coordinating more with media than with their counterparts in the PNP or
with the relatives and the legal counsel of the 43.
“Insolence, insincerity, and incompetence - these are the hallmarks of the
AFP’s handling of the Morong 43 from the outset. But rather than be
fooled, the people, especially the relatives, are outraged!” added Dr.
Rivera.
HEAD also scored the PNP officials for refusing to fulfill their custodial
duties.
“Administrative considerations should not be used as a lame excuse for
refusing to take the 43 into their custody.”
“For the two biggest armed institutions of the state to claim that they do
not have sufficient logistics for the 43 is the height of absurdity! The
health workers have suffered enough. They should not suffer more because
of the finger-pointing and buck-passing between the AFP and PNP.”
The health group reiterated the call for the immediate release of the 43.
Defense lawyers briefing Morong health workers after
court hearing re transfer
“If neither the AFP nor the PNP want them, then releasse the 43!”
concluded Dr. Rivera. ###
References:
Dr. Geneve E. Rivera
Secretary-General, 0920 460 3712
Dr. Darby S. Santiago
Chair, 0927 473 7700
April 8, 2010
For immediate release
Reference: Julie Caguiat, M.D. - (+63) 0909-1133038 / (+632 929.8109)
Heed the court order, transfer the health workers now
Free the 43 Health Workers Now! alliance today called for the military to
follow the order issued by the Regional Trial Court of Morong, Rizal to
transfer the 38 health workers to Camp Crame immediately.
“The alliance welcomes this development and look at it as a tactical
victory for our campaign to free the 43. We are, however, saddened that
the court ruled to retain the 5 Community Health Workers in the army’s
custody,” Dr. Julie Caguiat, one of the spokespersons of the alliance
said.
She maintained that the military’s claim that the 5 CHWs requested that
they be retained in Camp Capinpin is preposterous. She cited their
lawyers’ argument that allowing the 5 to remain in Camp Capinpin is
tantamount to the idea that all detention prisoners have a right to choose
their place of detention.
Dr. Caguiat argued that their group’s counsels motioned for the transfer
of the 43 health workers to Camp Crame in Quezon City because of the grave
human rights violations that the military continues to commit against the
health workers. “Our petition for transfer is not because of the
inadequate detention facilities in Camp Capinpin but because of the
continued torture and threat that the military does to our colleagues
while they are detained there. We want the health workers out of that camp
because the mere presence of those soldiers aggravates their anguish,” Dr.
Caguiat said.
Mrs. Evelyn Montes, wife of Dr. Alexis Montes said that the detainees’
families also had to endure everyday harassments from the military. “Even
though they [military] see us and write to their log books every day as we
come to visit our loved ones, we are repeatedly asked to identify
ourselves and produce identification cards in every level of security
until we reach the visiting area. One soldier even denied the voter’s ID
of a relative saying that was not a valid ID. He was looking for the
relative’s cedula instead!” Mrs. Montes shared in disbelief.
“We will not soften our demand that all of the 43 health workers be
transferred. We expect the military to heed the court order ASAP,” Dr.
Caguiat added.##
Defense lawyers in consultation with Morong health
workers
News Release
09 April 2010
Reference: Emmi De Jesus, Vice-Chairperson of GABRIELA, second nominee of
Gabriela Women’s Party #09173221203
GABRIELA condemns health workers’ return to Camp Capinpin
GABRIELA, a national alliance of women’s organizations in the country,
strongly condemns the return of the 38 health workers to Camp Capinpin
despite the court's decision granting the transfer of the detainees to
Camp Crame. Majority of the detained health workers are women.
“Returning them to Camp Capinpin right after they were brought to Camp
Crame, is, by itself, a torture to the detainees. Getting their hopes
high, then arbitrarily, returning them to Camp Capinpin where they were
subjected to various forms of tortures and sufferings during their illegal
detention,” said Emmi de Jesus, vice-chairperson of GABRIELA and second
nominee of Gabriela Women’s Party.
According to the Philippine National Police (PNP), there is not enough
space in the custodial center of Camp Crame to house the detainees.
“If that is the case, then set the detainees free! In the first place,
their arrest was illegal, so is their continued detention,” said De Jesus.
“Camp Capinpin is the very place where the health workers were tortured
and their rights grossly violated. Bringing them back to that camp, is
like bringing them back to hell and worse and we see this ploy as another
dirty tactic by the Armed Forces of the Philippines and Gloria Macapagal-Arroyo
to break the spirit of resistance of the illegally arrested and detained
health workers,” said De Jesus.
“The military and the Macapagal-Arroyo regime had just fanned the already
flaming fury of the people. The fight to free Morong 43 will further
escalate,” concluded De Jesus. #
Public Information Department
GABRIELA National Office
(+632) 3712302
Morong Health workers defiant n in good spirits
Statement During the Visit of DOH Sec.
Cabral and Her Colleagues on March 19, 2010.
By Dr. Merry B. Mia-Clamor, one of 43 health workers illegally arrested
on February 6, 2010 and detained in Camp Gen. Mateo Capinpin in Tanay,
Rizal
(Dr. Merry is the Director of the Health Education, Training and Services
of the Council for Health and Development and has served and trained
thousands of patients and health workers in the urban and rural areas. She
was also very active in rendering health services to the victims of Ondoy
ang Pepeng in 2009)
The visit of DOH Secretary Cabral and doctors from the Philippine Medical
Association, Philippine General Hospital (& some from the army) and my
son’s pediatrician, Dr. Abad has made me decide to finally break my
silence.
Since our arrest last February 6 in Morong, there were only few occasions
where I speak my heart’s content, few times where I let out the words
inside my head. It is as if my feelings and thoughts were locked with me
here in my detention cell. Maybe it’s my unconscious attempt to
self-preservation - - - to keep my sanity intact! Why? There is no good
reason for our captors in doing what they did then!
As I told them, every time I recall the day we were illegally arrested and
detained is in itself a torture for me. The shouting, the guns pointing at
us, the blindfold, the handcuffed, the nasty interrogations and threats
and the feeling of helplessness and futility in front of all the
irregularities in the process. These would make my breathing heavy and my
feet cold. The mere sound of gate or doors opening awakes and alerts me.
The thoughts of my children being taken cared of only by their yaya are
unbearable.
We are just ordinary citizens trying to learn and make our contributions
to our communities. We are not playing heroes who try to save the world
and be recognized by doing so. It is enough for us to help alleviate pain,
care for the sick and at times save lives. Just a simple smile or thanks
as appreciation. Surely this is also the sentiment of our fellow community
doctors, nurses and paramedics and health workers.
It is our hope that this incident (detention) would not discourage all
those who are out there serving in the farthest and remote communities.
For me surely (Morong 43) won’t be deterred in continuing our endeavor. It
is now more than ever that we should be resolved to go on with what we do
because we have the whole world behind supporting our humble mission of
bringing health to the needy -- proving that our efforts are not in vain.
◄◄
Morong health workers listening to their defense
lawyers
To my beloved colleagues, our utmost
appreciation to all of your support and concern. I have always been proud
that I belong in this noble profession. But I’ve never been this honored
and inspired as I am right now. That our institution (medical) – with the
most looked up to and respected people is united in seeking justice during
this time that our duties are put into a test. That we are one in our goal
of serving the people as inscribed in the Article 1 Section 1 of our
medical ethics “the primary objective of the practice of medicine is
service to mankind, irrespective of race, creed or political affiliation.
In its practice, reward or financial gain should be a subordinate
consideration.”
=
==
Photos courtesy of Judy Taguiwalo/CONTEND-UP
Free the Morong 43!
UP Diliman Campus
April 6, 2010
HUSTISYA! Victims of Arroyo Regime United for
Justice
2/floor Erythrina bldg., #1 Maaralin cor. Matatag sts. Barangay Central,
Quezon City
PRESS STATEMENT
April 9, 2010
Reference:
Evangeline Hernandez, Convener
Victims of the Arroyo Regime for Justice
Telefax 4342837, Mobile no. 09158562151
HUSTISYA lambasted the Armed Forces of the Philippines and the
Philippine National Police’s new tact of defying a Court Order.
HUSTISYA! or the Victims of Arroyo regime united for Justice lambasted
today two big government organization in the country, the Philippine
National Police and the Philippine Army, for their failure to execute an
order from the sala of Judge Amorfina Cerrado-Cesar for the immediate
transfer of the 38 health workers to Camp Crame .
“We the families of victims are enraged by this new tact of the AFP and
PNP. Isn’t enforcing the law and protecting the people their
responsibility? Then why are they the first ones defying and violating it?
First blunder, the illegal search which led to the illegal arrest of the
43 health workers; Secondly, their illegal detention and for holding them
incommunicado; Thirdly, their illegal detention at Camp Capinpin;
Fourthly, the defiance of the Order from the Court of Appeals for the Writ
of Habeas Corpus; Fifthly, defiance of the order from the Commission on
Human Rights and now this. What the military and the police are telling us
is that they are the law.” stated Evangeline Hernandez, HUSTISYA!
spokesperson.
On Wedensday, April 7, Judge Amorfina Cerrado-Cesar of the Morong, Rizal
Regional Trial Court released an order for the transfer of the 38 health
workers to Camp Crame . After traveling more than two hours from Camp
Capinpin in Tanay Rizal to Camp Crame in Cubao Quezon City, the health
workers were again transported back to Camp Capinpin .
“Naniniwala kaming isa na naman itong etratehiya sa bahagi nila para
gipitin ang 43, hindi talaga sila sinsero sa paglipat sa kanila. Everyone
of us here are angered by this,” said Quire and Lucy Javier, parents of
one of the 43.
“This is frustrating and stressful not only to the 38, but to their
families as well. This is mental torture. Now, instead of having many
hours to speak to their loved ones, the families are back to 5 minutes of
guarded moments. They should not have been arrested and detained in the
first place. They should be free, free to see their loved ones anytime
they want without anyone watching them. Free the 43 now.” stresses Ms.
Hernandez.
Justice for the 43!
Justice for all victims of Oplan Bantay Laya!
###
HUSTISYA!
Victims of Arroyo Regime United for Justice
2/floor Erythrina bldg., #1 Maaralin cor. Matatag sts. Barangay Central,
Quezon City
PRESS STATEMENT
April 17, 2010
Reference:
Evangeline Hernandez, Convener
Telefax 4342837, Mobile no. 09158562151
Hustisya! joins in fasting to call for immediate release of Morong 43
HUSTISYA! Victims of Arroyo Regime United for Justice, demands the
immediate release of the Morong 43 community health workers and will be at
the Bantayog ng mga Bayani today to fast in solidarity with them. The
women detainees among the Morong 43 health workers will start to fast
today, April 17, to press for their immediate release.
“It is outrageous that the protest has to come to this,” said Evangeline
Hernandez, mother of a victim of extrajudicial killing, Beng Hernandez,
and Hustisya! spokesperson. “Gloria Macapagal Arroyo has kept her eyes,
ears and mouth shut about the case of the 43 health workers despite the
illegality of their arrest and detention, their torture and the clamor for
their release,” said Hernandez.
Also joining the protest is Noriel Rodriguez, Hustisya! member and a
victim of abduction and torture in 2009. “I am fasting in solidarity with
the health workers and to call the attention of all the candidates running
for public office to speak out on the key issues of abduction and
torture,” he said. “I do not want other people to experience what I went
through but look at what happened to the 43 who were also taken, held
incommunicado and tortured. No one deserves such inhumanity.”
Rodriguez was abducted on September 6, 2009 by soldiers he believes are
from the 17th Infantry Division, held incommunicado and tortured for 10
days. He was beaten regularly – such as being pulled up by a rope tied
around his neck while his lower body was pulled down – amidst threats that
he and his loved ones would be killed. Among others he was also
electrocuted, deprived of sleep, and kept in solitary confinement.
On April 14, the Court of Appeals granted the prayers filed by Noriel
under the Writ of Amparo and Writ of Habeas Data against his military
abductors, among them Lt. Ryan S. Matutina of the 17th IB Bravo Company
and Major General Nestor Z. Ochoa Commanding General of the 5th Infantry
Division. The court found the victim was truly tortured and ordered that
his perpetrators desist from violating his right to life, liberty and
security, that they produce documents (not limited to intelligence
reports) that were used against him and to destroy these documents and
avoid using them against the victim.
“I may have won my Writ of Amparo case but this is just the first step and
the struggle for justice to end impunity continues,” added Rodriguez. “I
hope my perpetrators and that of the illegal arrest and torture of the
Morong 43 are penalized soon.”
“What happened to my daughter and the 1,087 other victims of
extra-judicial killings, to Noriel and the 205 victims of abduction and
enforced disappearance, and the Morong 43 health workers is a serious
matter that should be addressed immediately,” says Hernandez. She
declares: “We at Hustisya! are not hopeful that we will get justice under
the current regime of Gloria Macapagal Arroyo. The country’s elections are
in less than a month but the candidates have yet to say anything in their
platforms on the big issue that is justice. Free the 43, justice now!”
The military and police raided the health training of the Morong 43 on Feb
6, 2010, arrested the health workers without warrant, and has been
illegally detaining and torturing them since.###
xApril 16, 2010
For immediate release
References: Dr. Julie Caguiat, Spokesperson - 0909-1133038
Philip Paraan, Media Officer – 0919-4861580
Other political prisoners join solidarity
fasting for the Morong 43
Political prisoners from all over the country will join the fasting of the
detained health workers, their relatives and supporters tomorrow, April 17
as an expression of their rage against the PNP’s refusal to accommodate
the health workers in Camp Crame and the AFP’s defiance of the Commission
of Human Rights (CHR) order to bring the 43 to the commission hearings.
According to Dr. Julie Caguiat, they will go on a continuous 24-hour
fasting until the health workers are transferred to Camp Crame. She said
that the health workers detained at Camp Capinpin will also hold their own
fasting and refuse to eat their daily ration to show their indignation on
the AFP’s disobedience to CHR summons and their failed transfer to Camp
Crame.
“We are overwhelmed at the flow of support especially those that come from
political prisoners. Like the 43 health workers, they are detained because
of ridiculous and trumped up charges that were never proven. Their civil
and political rights are trampled and they are also subjected to physical
and psychological torture. Indeed, the 43 are not alone in the struggle
for justice,” Dr. Caguiat added.
The fasting will commence at 9:00 am on Saturday, April 17 at the Bantayog
ng mga Bayani in Quezon City and will continue until the health workers
are transferred to Camp Crame in Quezon City.##
Limang Tula ni Pangcoy
Limang tulang nabuo sa loob ng mararahas na rehas ng Camp Capinpin sa
Tanay, Rizal
Unang Dalaw
Noong una akala ko’y babae lamang ang dinadalaw
Kahit pala lalaki ay pwedeng magkadalaw
Dito sa loob ng Camp Capinpin
Dito ako unang nagkadalaw.
Unang kita ng aking ina sa akin
Kamusta ka anak, ang tanong agad sa akin
Sagot ko’y okey lang at huwag mag-alala
At ako’y sanay na at ito’y pangalawa na
Hindi ka ba sinaktan o bayag ay pinaglaruan
Nilapirot ba ang utong mo o sinuntok sa tagiliran
Bakas ang pag-aalala sa kanyang mga mata
At cellphone na bigay sa akin ay biglang naalala
Cellphone na bigay nya pati pera ko’y tangay na
Pati pabango at lotion ay kinuha pa
Baga,at nanghihinayang ay pabayaan na lamang
Basta’t ang mahalaga’y hindi ka sinaktan
Dito sa loob ng Camp Capinpin
Kahit lalaki ka’y pwedeng magkadalaw
Unang dalaw ko’y dito naranasan
At biglang naalala, ako pala’y may karapatan
Rosas na Tumubo sa Rehas
Ikaw ay halamang pinagkaitan ng init
Tanging tatag ng prinsipyo sa’yo’y dumidilig
Tinik mo’y nagsisilbing pananggalang
Laban sa hayop na mamamaslang
Rehas sa iyong harapan nagsisilbing harang
Sa matagal ng ninanais na kalayaan
Parang tanikalang sa kamay mo’y nakagapos
Pilit nilalagot at gustong maghilagpos
Hanggang sa ikaw ay namulaklak
Tumigas ang tinik dahon ay namukadkad
Marami ang sa iyo’y naghahangad pumitas
Kapag hinawakan na ay tinik mo ang katumbas
Tulad ko’y paruparo sa iyo’y naakit
Pilit lumilipad sa iyong paligid
Subalit tulad mo rin ako’y nakapiit
Ang kalayaan ko’y ipinaglalabang pilit
Ako ay paruparo at ikaw ay rosas
Sa loob ng rehas, tumubo at pumagaspas
Tanikalang sa kamay natin na nakagapos
Lalagutin ng alab ng damdaming nagpupuyos
Huwag Kang Lumuha
Sa pagkakapiit ko’y huwag kang lumuha
Sapagkat ako doon ay wala
Ang aking mga tinig
Ay tulad ng ibong malaya
Ang puso at damdamin ko’y
Nasa piling ng masang nakikibaka
Aking mga kamay na tumutugtog ng gitara
Kasabay ng awiting para sa masa
Mga paa ko’y kasama sa bawat hakbang
Sa ating paglalakbay tungo sa kanayunan
Aking dugo’y umaagos sa mga ilog at batis
Na nagdudulot ng mga ngiting matatamis
Ang aking pagluha’y tulad ng patak ng ulan
Dumidilig at bumubuhay sa bawat halaman
Ang aking ngiti at masasayang karanasan
Nakatatak na sa isip ng masang pinaglilingkuran
Prinsipyo’t paninindigan ko’y mananatiling malaya
Tulad nyo rin akong sumisigaw ng paglaya
Kaya, sa pagkakapiit ko’y huwag kang lumuha
Sapagkat ako doon ay wala
2 Araw at 2 Gabi
Nakagapos, nakatali patalikod
Mga kamay ko’y tila napudpod
Mga matang piniringan ng mahigpit
Daig pa ang bulag na pusikit
Sa isang sasakyan kami’y pinasampa
35 minuto at kami’y bumaba na
”Ihanda ang back hoe,” sigaw ng sundalo
”Maa-Ampatuan yata tayo,” sagot ng isip ko
Isa-isang ibinaba at pinaupo sa “hot seat”
Agad na kinausap ng interogador na bwisit
Habang nagtatanong pinakakain ng biskwit
Kapag mali ang sagot, batok ang kapalit
Umamin ka na at makipagtulungan
Paglaya mo’y gagawan ko ng paraan
Itong mga interogeytor na parang propeta man
Kung sa Bibliya man ay propetang bulaan
Kapag ika’y tinatanong sasagot kang pilit
Dahil pag-ihi mo’y kontroladong pilit
Pati short at brief, ibababang pilit
At pagkatapos mo’y masakit na pitik
Dalawang araw at dalawang gabi
Nakagapos, nakatali patalikod
Mga kamay ko’y tila napudpod
Kumakalam ang sikmura, nangangatog ang tuhod
Dalawang araw at dalawang gabi
Mga mata’y nakapiring nang mahigpit
Dilim ng gabi ang laging kaniig
Aliwalas ng liwanag sa amin ipinagkait
Dalawang araw at dalawang gabi
Maya’t maya nakaupo sa “hot seat”
Laging pinipiga ng interogador na bwisit
Kapag mali ang sagot, leeg ay pinipilipit
Dalawang araw at dalawang gabi
Nagtitiis ng hirap at pait
Pananakit at torture sa isip
Lahat ng posible sa amin ay sumapit
Interogeytor
Ako’y may kaibigan, “Utoy” ang pangalan
Tanggal ang aking posas kapag sya’y kakwentuhan
Habang nakapiring ako’y sinusubuan
Pinaiinom ng ice tea kapalit ng aking nalalaman
Ako daw ay matagal na niyang kakilala
Kaya ako daw ay magtapat na
Makipagtulungan lang, bukas ay laya na
May pera, bahay at trabaho ka pa
Itong si Utoy, sadyang maalalahanin
Mga bulsa ng short ko, naaalalang kapkapin
Cellphone at wallet ko naisip dekwatin
Tangay pati pera pambili daw ng pagkain
Lahat ng request mo’y kanyang ibibigay
Kapag ikaw ay iihi, bote ang ibibigay
Kakalagin ang posas ng iyong kamay
Dahil nakapiring maiihian ang kamay
Si kaibigang ”Utoy” ay mayroong katropa
Sila ang ”3 Itlog”, ang tawag ko sa kanila
May dalang laptop at mga kamera
At may mga picture pa na ipinapakita
Ako daw ay makipagtulungan, sabihin na ang alam
Kung saan nagpupugad ang aking mga kasamahan
Ano po bang klase ng itlog ng aking kasamahan
At kapag nakita ang pugad ay ipagbibigay alam
Sa galit ng ”3 Itlog”, akoy binatukan
Tinawag ang gwardya, ibinalik sa piitan
Ipinosas ang kamay, mata’y piniringan
Sugod ang mga lamok at ako’y pinagpyestahan
Sa sobrang pagod ako’y nakatulog na
Hating gabi na’y ginising ulit ng gwardya
Pagmulat ng mata’y laking gulat sa aking nakita
Mga bwisit na interogador pala
Itong ”3 Itlog” sadyang maalalahanin
Kahit hating gabi, pilit akong dalawin
Ilalabas ng selda, pilit na paaaminin
Pati pagpatay kay Rizal, inamin ko na rin
Free the 43
By: Pangcoy R.
xCatholic Bishops Conference of the
Philippines Statement on the Continued Detention of the Morong 43
The illegal arrest and continued detention of the “Morong 43” in a
military facility represent serious threat to the civil liberties of the
Filipino people. The Catholic Bishops’ Conference of the Philippines (CBCP)
follows with grave concern the shifting accusations of the military
against the health workers, the conflicting positions of government
authorities on the legitimacy of the arrest and detention, and the seeming
lack of regard of the Armed Forces of the Philippines (AFP) for human
rights and the rule of law.
We are deeply worried about the well being of the health workers in Camp
Capinpin. We share the sentiments of other human rights groups that the
presence of the detainees in a military camp makes them vulnerable to
further abuses, psychological tortures, threats, and intimidation.
Sustained exposure to psychosomatic strains may eventually break the
fortitude and resistance of the Morong 43 into admitting under duress the
accusations made against them.
The fact that the necessary defense against torture and human rights
abuses has been rendered null by Court of Appeals (CA) elevates the
concerns of the Church on the delivery of justice for the accused. Even
assuming the legal correctness of the “Ilagan Doctrine” invoked by CA in
denying the writ of habeas corpus to the detainees, we are still troubled
by the reality that the Court has just, in effect, sanitized and
legitimized the violations committed by the military against the health
workers.
However, CA’s decision in itself does not remove the taint of an unlawful
arrest and detention. The three ruling justices failed to recognize the
nature of the arrest, which is deemed illegal because of a defective
search warrant and the glaring contradictions in the military officers’
statements.
Similarly, the credibility of the inquest proceedings and the subsequent
filing of charges are in doubt because the accused were denied counsel
during interrogation, and the fact that statements or confession obtained
during an illegal arrest are not admissible.
The issue is no longer about the Morong 43’s involvement or noninvolvement
with the NPA nor about the veracity of torture claims of the detainees.
The issue is a fundamental one about the importance of government
institutions maintaining an objective distance and observing the rule of
law in its operations.
Instead of calling for an end to CHR’s inquiry on human rights violations
committed against the Morong 43, the AFP should support the initiative as
concerned groups are only trying to shed light on the unlawful activities
taking place in military operations.
The Church acknowledges the armed forces’ efforts and difficulties in
putting an end to communist resistance, but under no circumstances can
state agencies deal with citizens in any manner as they please.
Most of the Church’s development programs and ministries are
community-based. Our clergy and laity work in rural areas and empower
far-flung communities. Now, we could not help but fear that one day our
efforts to help the poor and the marginalized will be perceived as
threats, and that we may also be branded as insurgents.
This is the moment to press for answers and to demonstrate that there is a
growing public demand, including from the Church, to restore the integrity
of the government institutions—the military, the police, the civil courts,
and the Department of Justice—and remind them of their mandate and
fundamental principle, which is to impartially protect and defend the
human rights.
For the Catholic Bishops' Conference of the Philippines,
+NEREO P. ODCHIMAR, D.D.
Bishop of Tandag
CBCP President
7 April, 2010
ELECTIONS 2010
Makabayan Senatoriable Ka
Satur Ocampo's Online Q&A
