Statement: Mindanao Peoples Caucus Condemns Illegal Transfer of Cocoy
18 JANUARY 2012
ILLEGAL Transfer of Cocoy to Sulu Undermines Authority of SC and is a Gross Violation of the Right to Due Process and an Affront to the Rule of Law
We condemn the illegal transfer of Temogen “Cocoy” Tulawie which was carried out by members of the Philippine National Police-Special Action Force (PNP-SAF) Davao and the Military Intelligence Group Region 9 yesterday. Cocoy was secretly transported to the airport to face trial in Sulu upon the orders of Judge Betlee-Ian Barraquias of the Regional Trial Court (RTC) Sulu despite of the Supreme Court order granting the Petition for Transfer of Venue of the case to Davao City.
The order of the Supreme Court which was issued last June 13, 2011 clearly states that jurisdiction of Cocoy’s case and his trial is transferred to the Davao RTC under Judge Pelagio Paguican, and yet in open defiance of this Judge Barraquias ordered the transfer of Cocoy on the argument that because of a motion for reconsideration filed by the lawyers of Governor Abdusakur Tan the Supreme Court order was not final and executory.
How can a motion that was not even approved by the court supersede the finality of the decision of the highest court in the land? In fact a subsequent order given by Deputy Raul Villanueva of the Supreme Court states that the said motion of Gov. Tan has already been denied.
We also question the manner by which the PNP-SAF and the PNP at the Davao City Police Office carried out the “illegal” order of Judge Barraquias for it was done treacherously and with a clear malice. No information was given to the family or Cocoy’s legal counsel about the order of Judge Barraquias. In fact one of Cocoy’s friend who visited his detention cell at the Davao City Police Office on the morning before the PNP-SAF took him to the airport to board a commercial flight to Zamboanga was told to leave by the jail guards as they said they would like to ask Cocoy some questions first. When Cocoy’s visitors left the PNP-SAF operatives led by Col. Fernando Ortega who were apparently waiting in one of the offices of the DCPO took custody of Cocoy and immediately transported him to the Davao Airport.
Such a brazen act of Judge Barraquias and of the Davao PNP-SAF is a clear affront to the rule of law and undermines the authority of the Supreme Court as the final arbiter of justice. It also violates the constitutional rights of the accused to due process and puts to question the integrity of our legal system.
We are also disappointed that the Davao RTC Executive Judge Pelagio Paguican failed to stand for justice and the rule of law by not acting on the decision of the Supreme Court. It is in this sense that we ask that Judge Paguican redeem himself by immediately issuing a commitment order that would ensure a fair, impartial and speedy disposition of Cocoy’s case. #
Source: mpc.org.ph
{Blog about torture, enforced disappearance, EJK and human rights}
Showing posts with label Cocoy Tulawie. Show all posts
Showing posts with label Cocoy Tulawie. Show all posts
Thursday, January 19, 2012
Wednesday, January 18, 2012
Philippines: Arrest of a prominent Muslim human rights defender from Jolo, Sulu
PHILIPPINES: ARREST OF A PROMINENT MUSLIM HUMAN RIGHTS DEFENDER FROM JOLO, SULU
ISSUES:
1. FABRICATION OF CHARGES AND ADMINISTRATION OF JUSTICE
2. DEFIANCE OF THE JUDGE RE: SUPREME COURT’S ORDER TO TRANSFER THE CASE FOLDER TO THE REGIONAL TRIAL COURT OF DAVAO CITY FROM REGIONAL TRIAL COURT OF JOLO, SULU
3. GROSS IGNORANCE OF THE LAW
UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL
Dear Friends,
Task Force Detainees of the Philippines (TFDP), writes to inform you about the updated information regarding the case of Mr. Temogen Sahipa Tulawie, a human rights defender belonging to a Tausug tribe from Jolo, Sulu.
On January 16,2012, Hon. Judge Betlee-Ian Barraquias, Executive and Presiding Judge in Regional Trial Court (RTC), branch 3 in Jolo, Sulu has ordered the transfer of the victim to Jolo, Sulu and wrote the Executive Judge of Davao City, defying the Supreme Court order dated June 13,2011.
Portion of the letter to the Executive Judge of Davao City reads” We wish to most respectfully inform your end that the bearers, Mr. Jun M. Abbas and Mr. Perfecto Canas, Jr. are Sheriff/process server and personnel of the Regional Trial Court of Jolo, Sulu, to serve within your jurisdiction in Davao City the order of this court to P/Supt. Michael Dubria, Chief Regional Intelligence and Investigation Division, Police Regional office 11, Camp Catitipan, Davao City, to deliver/transfer the jurisdiction of the Regional Trial Court of Jolo, Sulu, in criminal cases no. (07-09) 1648-3 and (07-09) 1649-3.
Dispositive portion of the order, “ Wherefore, premises considered orders P/Supt. Michael Dubria, Chief Regional Intelligence Division, Police Regional Office 11, Camp Catitipan, Davao City, who is said to have custody of the accused, Temogen “Cocoy” Tulawie or any person who has the accused, Temogen “Cocoy” Tulawie to this Honorable court at the Regional Trial court, Branch 3, Jolo, Sulu, within the period of forty eight hours receipt of this order taking the necessary security measures to ensure the safety of the prisoner during the transfer from Davao City to jolo, Sulu, and to prevent his escape while under his or their custody to be dealt with in accordance with the law.
Fail not under the penalty of law.
So ordered.
But on January 17,2012, the Office of the Court Administrator, Raul Bautista Villanueva, Deputy Court Administrator, Supreme Court of the Philippines, Manila, sent the order, dispositive portion states;
“Please be advised that said order of Judge Barraquias is contrary to the Resolution dated June 13,2011 issued by the Third Division of the Supreme Court wherein the transfer of venue of Criminal Case Nos. (07-09) 1648-3 and (07-09) 1649-3, both involving Mr. Tulawie, was decreed to be held at the Regional Trial Court of Davao City. Likewise, be advised that the Motion for Reconsideration of the above Resolution had already been acted upon and this has apparently been DENIED. Thus, with more reason that Judge Barraquias has no authority to issue his supposed order.
As such, you are hereby directed to inform the police or jail custodians of Mr. Tulawie that any order contrary to the Resolution dated June 13,2011 of the Third Division of the Supreme Court cannot be implemented.
If action has already been taken by them regarding the same, kindly advise P/Supt. Dobrea to cease in further complying with the Order of Judge Barraquias and any steps taken by them or any jail officer for that matter should no longer be carried out.
ISSUES:
1. FABRICATION OF CHARGES AND ADMINISTRATION OF JUSTICE
2. DEFIANCE OF THE JUDGE RE: SUPREME COURT’S ORDER TO TRANSFER THE CASE FOLDER TO THE REGIONAL TRIAL COURT OF DAVAO CITY FROM REGIONAL TRIAL COURT OF JOLO, SULU
3. GROSS IGNORANCE OF THE LAW
UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL
Dear Friends,
Task Force Detainees of the Philippines (TFDP), writes to inform you about the updated information regarding the case of Mr. Temogen Sahipa Tulawie, a human rights defender belonging to a Tausug tribe from Jolo, Sulu.
On January 16,2012, Hon. Judge Betlee-Ian Barraquias, Executive and Presiding Judge in Regional Trial Court (RTC), branch 3 in Jolo, Sulu has ordered the transfer of the victim to Jolo, Sulu and wrote the Executive Judge of Davao City, defying the Supreme Court order dated June 13,2011.
Portion of the letter to the Executive Judge of Davao City reads” We wish to most respectfully inform your end that the bearers, Mr. Jun M. Abbas and Mr. Perfecto Canas, Jr. are Sheriff/process server and personnel of the Regional Trial Court of Jolo, Sulu, to serve within your jurisdiction in Davao City the order of this court to P/Supt. Michael Dubria, Chief Regional Intelligence and Investigation Division, Police Regional office 11, Camp Catitipan, Davao City, to deliver/transfer the jurisdiction of the Regional Trial Court of Jolo, Sulu, in criminal cases no. (07-09) 1648-3 and (07-09) 1649-3.
Dispositive portion of the order, “ Wherefore, premises considered orders P/Supt. Michael Dubria, Chief Regional Intelligence Division, Police Regional Office 11, Camp Catitipan, Davao City, who is said to have custody of the accused, Temogen “Cocoy” Tulawie or any person who has the accused, Temogen “Cocoy” Tulawie to this Honorable court at the Regional Trial court, Branch 3, Jolo, Sulu, within the period of forty eight hours receipt of this order taking the necessary security measures to ensure the safety of the prisoner during the transfer from Davao City to jolo, Sulu, and to prevent his escape while under his or their custody to be dealt with in accordance with the law.
Fail not under the penalty of law.
So ordered.
But on January 17,2012, the Office of the Court Administrator, Raul Bautista Villanueva, Deputy Court Administrator, Supreme Court of the Philippines, Manila, sent the order, dispositive portion states;
“Please be advised that said order of Judge Barraquias is contrary to the Resolution dated June 13,2011 issued by the Third Division of the Supreme Court wherein the transfer of venue of Criminal Case Nos. (07-09) 1648-3 and (07-09) 1649-3, both involving Mr. Tulawie, was decreed to be held at the Regional Trial Court of Davao City. Likewise, be advised that the Motion for Reconsideration of the above Resolution had already been acted upon and this has apparently been DENIED. Thus, with more reason that Judge Barraquias has no authority to issue his supposed order.
As such, you are hereby directed to inform the police or jail custodians of Mr. Tulawie that any order contrary to the Resolution dated June 13,2011 of the Third Division of the Supreme Court cannot be implemented.
If action has already been taken by them regarding the same, kindly advise P/Supt. Dobrea to cease in further complying with the Order of Judge Barraquias and any steps taken by them or any jail officer for that matter should no longer be carried out.
TFDP assails judge for abrupt transfer of Cocoy Tulawie to Jolo, defying Supreme Court order
January 18,2012
Press Release
“TFDP ASSAILS JUDGE FOR ABRUPT TRANSFER OF COCOY TULAWIE TO JOLO, DEFYING SUPREME COURT ORDER”
Task Force Detainees of the Philippines (TFDP), assails Judge Betlee-Ian Barraquias in ordering the transfer of Cocoy Tulawie’s detention to Jolo in defiance of the Supreme Court order. It must be recalled that the Supreme Court third division issued a resolution dated 13 June 2011, dispositive portion states, “that continuing with the trial of the subject criminal cases in the RTC of Jolo, Sulu, can lead to miscarriage of justice”. The court was ordered to transfer the entire records of the case to the Regional Trial Court in Davao City.
The Judge’s action and whimsical is open defiance of the Supreme Court. He should be held accountable and should be charged with conduct unbecoming and for gross ignorance of the law. Cocoy Tulawie’s case only demonstrated how the Judiciary and Executive conspire with each other.
Cocoy Tulawie’s case is not a common crime. He is a human rights defender, who fought for human rights and freedom for the people of Sulu. He has remained committed in his conviction for human rights and democracy amongst the people whose human rights have been violated.
The United Nation recognizes the works of human rights defenders just like Cocoy Tulawie and being a member, the state and it’s agents should uphold the United Nation’s Declaration on Human Rights Defenders. His case must be heard impartially and he should be afforded with due process.
TFDP is calling on the Supreme Court to immediately intervene and investigate the action taken by Judge Barraquias and if found guilty he should be sanctioned in accordance with the law.
RITA M. MELECIO
Deputy Executive Director
Task Force Detainees of the Philippines
# 45 St. Mary St., Cubao, Quezon City
Contact: 09497215341
Press Release
“TFDP ASSAILS JUDGE FOR ABRUPT TRANSFER OF COCOY TULAWIE TO JOLO, DEFYING SUPREME COURT ORDER”
Task Force Detainees of the Philippines (TFDP), assails Judge Betlee-Ian Barraquias in ordering the transfer of Cocoy Tulawie’s detention to Jolo in defiance of the Supreme Court order. It must be recalled that the Supreme Court third division issued a resolution dated 13 June 2011, dispositive portion states, “that continuing with the trial of the subject criminal cases in the RTC of Jolo, Sulu, can lead to miscarriage of justice”. The court was ordered to transfer the entire records of the case to the Regional Trial Court in Davao City.
The Judge’s action and whimsical is open defiance of the Supreme Court. He should be held accountable and should be charged with conduct unbecoming and for gross ignorance of the law. Cocoy Tulawie’s case only demonstrated how the Judiciary and Executive conspire with each other.
Cocoy Tulawie’s case is not a common crime. He is a human rights defender, who fought for human rights and freedom for the people of Sulu. He has remained committed in his conviction for human rights and democracy amongst the people whose human rights have been violated.
The United Nation recognizes the works of human rights defenders just like Cocoy Tulawie and being a member, the state and it’s agents should uphold the United Nation’s Declaration on Human Rights Defenders. His case must be heard impartially and he should be afforded with due process.
TFDP is calling on the Supreme Court to immediately intervene and investigate the action taken by Judge Barraquias and if found guilty he should be sanctioned in accordance with the law.
RITA M. MELECIO
Deputy Executive Director
Task Force Detainees of the Philippines
# 45 St. Mary St., Cubao, Quezon City
Contact: 09497215341
Tuesday, January 17, 2012
Sulu judge defies supreme court, due process denied human rights defender -PAHRA
SULU JUDGE DEFIES SUPREME COURT,
DUE PROCESS DENIED HUMAN RIGHTS DEFENDER
The impeachment proceedings against Chief Justice Renato Corona has began. One of the immediate and foremost issues of contention was that of due process which must be accorded to the accused.
The Constitution is clear that due process is a sine qua non in one’s defense for life, liberty and property. At the same time, according to former Chief Justice Artemio V. Panganiban: “…An impeachment proceeding is sui generis; has its own unique genre, and is equal to no other.” (“More political than legal”. PDI, January 8, 2011, p. A13) The process then that is due the defendant in the impeachment case is laid down by the Senate jurors.
The impeachment provides the people an extraordinary opportunity to be sensitized to the different kinds of due process, an integral component of obtaining justice. Due process must be ensured not only to a Renato Corona but to every Juan de la Cruz.
Temogen “Cocoy” Tulawie in fear for his life but ready to face trumped-up criminal charges petitioned the Supreme Court for a transfer of venue ( A.M. No. 11-4-75- RTC). The Supreme Court, Third Division, issued a Reso dated 13 June 2011 which stated:
“… that continuing with the trial of the subject criminal cases in the RTC, Jolo, Sulu, can lead to a miscarriage of justice…”
The Court then resolved to:
GRANT the petition of transfer and TRANSFER the said cases to RTC of Davao City and
DIRECT
a. The Clerk of Court of the RT, Branch 3, Jolo, Sulu, to forward the entire records of Criminal Case Nos (07-09) 1648-3 and (07-09) 1649-3 to the office of the Executive Judge of the RTC, Davao City for the raffles of the cases among the courts in the station and
b. The judge to whom the cases may be assigned to hear and decide the cases with utmost dispatch.
PAHRA expresses grave concern that, despite the Supreme Court’s reiteration of its June 13, 2011 decision, Judge Betlee-Tan Baraquisas of the RTC, Branch 3, Jolo, Sulu, stubbornly taken responsibility to have Mr. Tulawie returned to Jolo…with the high risk of harm and even of losing his life. The assigned PNP and other law enforcers should have taken these facts into consideration and the Constitutional right to due process.
PAHRA is equally apprehensive of the action of Judge Baraquisas which to our perception erodes the integrity and credibility of the highest court of the land. Such actions do not bode well for the renewal and strengthening of the judiciary.
RESPECT AND PROTECT THE RIGHT TO DUE PROCESS OF EVERY CITIZEN.
ACT ON THE JUNE 13 RESOLUTION OF THE SUPREME COURT;
TRANSFER IMMEDIATELY TULAWIE’S FILES TO RTC, DAVAO
DUE PROCESS DENIED HUMAN RIGHTS DEFENDER
The Constitution is clear that due process is a sine qua non in one’s defense for life, liberty and property. At the same time, according to former Chief Justice Artemio V. Panganiban: “…An impeachment proceeding is sui generis; has its own unique genre, and is equal to no other.” (“More political than legal”. PDI, January 8, 2011, p. A13) The process then that is due the defendant in the impeachment case is laid down by the Senate jurors.
The impeachment provides the people an extraordinary opportunity to be sensitized to the different kinds of due process, an integral component of obtaining justice. Due process must be ensured not only to a Renato Corona but to every Juan de la Cruz.
Temogen “Cocoy” Tulawie in fear for his life but ready to face trumped-up criminal charges petitioned the Supreme Court for a transfer of venue ( A.M. No. 11-4-75- RTC). The Supreme Court, Third Division, issued a Reso dated 13 June 2011 which stated:
“… that continuing with the trial of the subject criminal cases in the RTC, Jolo, Sulu, can lead to a miscarriage of justice…”
The Court then resolved to:
GRANT the petition of transfer and TRANSFER the said cases to RTC of Davao City and
DIRECT
a. The Clerk of Court of the RT, Branch 3, Jolo, Sulu, to forward the entire records of Criminal Case Nos (07-09) 1648-3 and (07-09) 1649-3 to the office of the Executive Judge of the RTC, Davao City for the raffles of the cases among the courts in the station and
b. The judge to whom the cases may be assigned to hear and decide the cases with utmost dispatch.
PAHRA expresses grave concern that, despite the Supreme Court’s reiteration of its June 13, 2011 decision, Judge Betlee-Tan Baraquisas of the RTC, Branch 3, Jolo, Sulu, stubbornly taken responsibility to have Mr. Tulawie returned to Jolo…with the high risk of harm and even of losing his life. The assigned PNP and other law enforcers should have taken these facts into consideration and the Constitutional right to due process.
PAHRA is equally apprehensive of the action of Judge Baraquisas which to our perception erodes the integrity and credibility of the highest court of the land. Such actions do not bode well for the renewal and strengthening of the judiciary.
RESPECT AND PROTECT THE RIGHT TO DUE PROCESS OF EVERY CITIZEN.
ACT ON THE JUNE 13 RESOLUTION OF THE SUPREME COURT;
TRANSFER IMMEDIATELY TULAWIE’S FILES TO RTC, DAVAO
PHILIPPINES: Temogen Tulawie case - prosecutors uses forced confessions as evidence - AHRC
FOR IMMEDIATE RELEASE
AHRC-STM-011-2012
January 16, 2012
A Statement from the Asian Human Rights Commission
PHILIPPINES: Temogen Tulawie case - prosecutors uses forced confessions as evidence
The Asian Human Rights Commission (AHRC) is deeply concerned by the continued prosecution of Temogen "Cocoy" Tulawie, a human rights defender of Tausug roots (one of the indigenous Muslim tribes), and four of his co-accused, for charges of murder in connection with a bombing incident on May 13, 2009 in Patikul, Sulu. The evidence against them was based on the forced confessions of two of the accused which they have already recanted.
Tulawie was forced to hide due to continuing threats and uncertainties that he would be afforded a fair trial and due process in his province of Sulu. He was arrested on January 13, 2012 at 11:45pm at his rented house in Davao City. His decision to flee from his province was to secure himself and his family as he was waiting for the decision of the Court of Appeals (CA) to transfer the venue of his trial from Sulu.
Tulawie, knowing full well that the evidence on him was fabricated, resolved to defend himself in court to clear his name. Tulawie had been falsely charged with multiple frustrated murders and multiple attempted murders for allegedly 'masterminding' and 'plotting' to assassinate Abdusakur Tan, present governor of Sulu, in a bomb attack on May 13, 2009. Tan and his convoy had been targeted by a bomb attack which injured seven of his security escorts and four other people.
Following the bomb attack on May 26, 2009, the police in Patikul, Sulu, claimed to have arrested two people, Sulayman Muhammad Muin and Juhan Alihuddin, who were involved in the bomb attack following a gun fight. The police claimed firearms were confiscated from them during arrest and they both had "manifested their cooperation and separately executed voluntary confessions" while they were held at the Criminal Investigation and Detection Group (CIDG, Region 9).
In his confession under duress, Muin alleged that Tulawie was the "mastermind and who provided the single motorcycle planted with (an) Improvised Explosive Device (IED) used in their plan to assassinate the governor". Muin also implicated three others, Alihuddin, Muammar Askali and a certain Abs, supposedly as his accomplices. Also, in his confession under duress Alihuddin claimed that "Cocoy, Muammar and Sulayman Muin talked with each other regarding the placement of the explosives" and he was also aware of an alternative plan should they fail.
A subpoena was filed on the arrestees Muin and Alihuddin by prosecutor Ricardo Cabaron who commenced his preliminary investigation into the murder charges on June 10, 2009. However, in responding to the subpoena they both recanted their testimonies declaring the "extrajudicial statement" they had issued while they were in custody of the police was obtained by force.
There were three witnesses who supported Tulawie's defense of alibi that he was physically in Panamao, Sulu and not in his house as alleged, when the supposed meeting after the assassination attempt on Governor Tan took place on May 19, 2009. Also, four other witnesses testified that one of the accused, Askali, "was at his residence in Indanan, Sulu tending his store" when the May 13 bombing happened. Those who had given their testimonies were villagers, neighbours and persons who were familiar with the persons and daily routine of the accused.
Prosecutor Cabaron, however, resolved in his resolution dated July 22, 2009, that the requirement of probable cause in filing murder charges in court against the five accused were met because the bomb attack was "undoubtedly was an attempt against the lives of Governor Tan and others and (had) caused damaged". He also concluded that the "extrajudicial statement" that Muin's executed were "credible and admissible evidence as against the (evidence of the) respondents for purposes of determining probable cause to the commission of the crime."
To provide justification to the legal basis of his questionable resolution, Cabaron invoked the principle of "res inter alios rule"; however, nothing in his resolution adequately explained what they mean. Nevertheless, he argued this rule provided justifications as to the admissibility of "extrajudicial statements" or confessions under duress used as evidence by police in preliminary investigation of prosecutors. Knowing full well to the questions of legality, Cabaron argued that "while there is a legal issue on the admissibility of the declaration of the confessant during trial if the latter does not testify, such is not a vital significance during preliminary investigation stage".
The AHRC strongly condemns the prosecutor's decision in this case justifying the admissibility of forced confession as evidence against the accused. The prosecutor's legally flawed and questionable justifications, if not corrected, would allow these accused to be subjected to a trial in court over evidence that is completely fabricated. We urge the Department of Justice (DoJ) to withdraw without delay the prosecution of murder charges against Tulawie and his co-accused. We are shocked by the callousness and the complete disregard to the fundamental principles of due process and fair trial of the prosecutor who is involved in the prosecution of this case.
The role of prosecutors is not only to determine the probability that the crime have been committed but also to ensure that no one is prosecuted over fabricated case. They have an enormous role to play in protecting the interests of the people. Their duty is not only to prosecute crimes against the state, but also to protect the Filipino people subjected to the law of the State.
# # #
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.
Visit our new website with more features at www.humanrights.asia.
AHRC-STM-011-2012
January 16, 2012
A Statement from the Asian Human Rights Commission
PHILIPPINES: Temogen Tulawie case - prosecutors uses forced confessions as evidence
Tulawie was forced to hide due to continuing threats and uncertainties that he would be afforded a fair trial and due process in his province of Sulu. He was arrested on January 13, 2012 at 11:45pm at his rented house in Davao City. His decision to flee from his province was to secure himself and his family as he was waiting for the decision of the Court of Appeals (CA) to transfer the venue of his trial from Sulu.
Tulawie, knowing full well that the evidence on him was fabricated, resolved to defend himself in court to clear his name. Tulawie had been falsely charged with multiple frustrated murders and multiple attempted murders for allegedly 'masterminding' and 'plotting' to assassinate Abdusakur Tan, present governor of Sulu, in a bomb attack on May 13, 2009. Tan and his convoy had been targeted by a bomb attack which injured seven of his security escorts and four other people.
Following the bomb attack on May 26, 2009, the police in Patikul, Sulu, claimed to have arrested two people, Sulayman Muhammad Muin and Juhan Alihuddin, who were involved in the bomb attack following a gun fight. The police claimed firearms were confiscated from them during arrest and they both had "manifested their cooperation and separately executed voluntary confessions" while they were held at the Criminal Investigation and Detection Group (CIDG, Region 9).
In his confession under duress, Muin alleged that Tulawie was the "mastermind and who provided the single motorcycle planted with (an) Improvised Explosive Device (IED) used in their plan to assassinate the governor". Muin also implicated three others, Alihuddin, Muammar Askali and a certain Abs, supposedly as his accomplices. Also, in his confession under duress Alihuddin claimed that "Cocoy, Muammar and Sulayman Muin talked with each other regarding the placement of the explosives" and he was also aware of an alternative plan should they fail.
A subpoena was filed on the arrestees Muin and Alihuddin by prosecutor Ricardo Cabaron who commenced his preliminary investigation into the murder charges on June 10, 2009. However, in responding to the subpoena they both recanted their testimonies declaring the "extrajudicial statement" they had issued while they were in custody of the police was obtained by force.
There were three witnesses who supported Tulawie's defense of alibi that he was physically in Panamao, Sulu and not in his house as alleged, when the supposed meeting after the assassination attempt on Governor Tan took place on May 19, 2009. Also, four other witnesses testified that one of the accused, Askali, "was at his residence in Indanan, Sulu tending his store" when the May 13 bombing happened. Those who had given their testimonies were villagers, neighbours and persons who were familiar with the persons and daily routine of the accused.
Prosecutor Cabaron, however, resolved in his resolution dated July 22, 2009, that the requirement of probable cause in filing murder charges in court against the five accused were met because the bomb attack was "undoubtedly was an attempt against the lives of Governor Tan and others and (had) caused damaged". He also concluded that the "extrajudicial statement" that Muin's executed were "credible and admissible evidence as against the (evidence of the) respondents for purposes of determining probable cause to the commission of the crime."
To provide justification to the legal basis of his questionable resolution, Cabaron invoked the principle of "res inter alios rule"; however, nothing in his resolution adequately explained what they mean. Nevertheless, he argued this rule provided justifications as to the admissibility of "extrajudicial statements" or confessions under duress used as evidence by police in preliminary investigation of prosecutors. Knowing full well to the questions of legality, Cabaron argued that "while there is a legal issue on the admissibility of the declaration of the confessant during trial if the latter does not testify, such is not a vital significance during preliminary investigation stage".
The AHRC strongly condemns the prosecutor's decision in this case justifying the admissibility of forced confession as evidence against the accused. The prosecutor's legally flawed and questionable justifications, if not corrected, would allow these accused to be subjected to a trial in court over evidence that is completely fabricated. We urge the Department of Justice (DoJ) to withdraw without delay the prosecution of murder charges against Tulawie and his co-accused. We are shocked by the callousness and the complete disregard to the fundamental principles of due process and fair trial of the prosecutor who is involved in the prosecution of this case.
The role of prosecutors is not only to determine the probability that the crime have been committed but also to ensure that no one is prosecuted over fabricated case. They have an enormous role to play in protecting the interests of the people. Their duty is not only to prosecute crimes against the state, but also to protect the Filipino people subjected to the law of the State.
# # #
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.
Visit our new website with more features at www.humanrights.asia.
Monday, January 16, 2012
TFDP calls for fair, impartial and speedy disposition of Mr. Tulawie’s case
January 16,2012
“TFDP CALLS FOR FAIR, IMPARTIAL AND SPEEDY DISPOSITION OF MR. TULAWIE’S CASE”
Task Force Detainees of the Philippines (TFDP), is calling for fair, impartial and speedy disposition of the case of Mr. Temogen “Cocoy” Tulawie. He was arrested on January 13,2012 at 11:45 in the evening by combined elements of Military Intelligence Group (MIG), Region 9, Special Action Force (SAF)and Police Intelligence (R2), in Catalunan Grande, Davao City.
TFDP, supports Mr. Tulawie in his quest for justice not only for himself but for all the people of Sulu province whose rights were violated. Being a human rights defender, it is his conviction to both God and the people to act against the human rights violations that endanger his life and that of his family.
Mr. Tulawie has an impressive record in human rights defense and promotion. He is the former provincial chairperson of the Consortium of Bangsamoro Civil Society (CBCS), a coalition of Bangsamoro civil society organizations (CSOs) within the province of Sulu. His works involves monitoring and documentation of cases of human rights violations affecting Muslim communities in the Autonomous Region in Muslim Mindanao (ARMM), especially in the province of Sulu.
The United Nations Declaration on Human Rights Defenders, adopted in 1998, enumerated some rights and protection accorded to human rights defenders, among others; to seek the protection and realization of human rights at the national and international level and to make complaints about official policies and acts relating to human rights and to have such complaints reviewed.
Under this declaration, the state is bound with the duties to protect, promote and implement human rights and to provide an effective remedy for persons who claim to have been victims of human rights violations.
With these safeguards, TFDP is certain that Mr. Tulawie will be afforded with impartiality by the Department of Justice (DOJ) and the court will hear his case without prejudice considering that his private complainant is a prominent Governor of Sulu.
Uphold his integrity as a human rights defender!
RITA M. MELECIO
Deputy Executive Director
Task Force Detainees of the Philippines
Cell: 09497215341
“TFDP CALLS FOR FAIR, IMPARTIAL AND SPEEDY DISPOSITION OF MR. TULAWIE’S CASE”
TFDP, supports Mr. Tulawie in his quest for justice not only for himself but for all the people of Sulu province whose rights were violated. Being a human rights defender, it is his conviction to both God and the people to act against the human rights violations that endanger his life and that of his family.
Mr. Tulawie has an impressive record in human rights defense and promotion. He is the former provincial chairperson of the Consortium of Bangsamoro Civil Society (CBCS), a coalition of Bangsamoro civil society organizations (CSOs) within the province of Sulu. His works involves monitoring and documentation of cases of human rights violations affecting Muslim communities in the Autonomous Region in Muslim Mindanao (ARMM), especially in the province of Sulu.
The United Nations Declaration on Human Rights Defenders, adopted in 1998, enumerated some rights and protection accorded to human rights defenders, among others; to seek the protection and realization of human rights at the national and international level and to make complaints about official policies and acts relating to human rights and to have such complaints reviewed.
Under this declaration, the state is bound with the duties to protect, promote and implement human rights and to provide an effective remedy for persons who claim to have been victims of human rights violations.
With these safeguards, TFDP is certain that Mr. Tulawie will be afforded with impartiality by the Department of Justice (DOJ) and the court will hear his case without prejudice considering that his private complainant is a prominent Governor of Sulu.
Uphold his integrity as a human rights defender!
RITA M. MELECIO
Deputy Executive Director
Task Force Detainees of the Philippines
Cell: 09497215341
Sunday, January 15, 2012
Arrest of a prominent Muslim human rights defender from Jolo, Sulu
PHILIPPINES: ARREST OF A PROMINENT MUSLIM HUMAN RIGHTS DEFENDER FROM JOLO, SULU
ISSUES: FABRICATION OF CHARGES AND ADMINISTRATION OF JUSTICE
UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL
Dear Friends,
Task Force Detainees of the Philippines (TFDP), writes to inform you about the updated information regarding the case of Mr. Temogen Sahipa Tulawie. Several appeals were sent before regarding the harassment he was facing as a human rights defender.
On January 13,2012 at about 11:45 in the evening, Mr. Tulawie was arrested at his rented house in Davao City by combined elements of Military Intelligence Group (MIG) from Region 9 led by Sgt. Reyes, members of Special Action Force (SAF) led by Supt. Fernando Ortega and members of Police Intelligence (R2).
Mr. Tulawie was already planning to voluntarily give himself and face the charges hurled against him after the Supreme Court already granted the motion he filed for transfer of venue to the Regional Trial Court (RTC) of Davao City, because he believes that he will not be afforded with impartiality if his case will be tried in Jolo, Sulu.
On June 13,2011, the Supreme Court granted the request for transfer of venue. Dispositive portion reads as “ Acting on the Petition for transfer of Venue, filed by Temogen “cocoy” Tulawie, one of the accused in Criminal nos. (07-09) 1648-3 and (07-09) 1649-3 from the Regional Trial Court (RTC) of Jolo, Sulu, to any court as this Court may deem convenient, and considering that there is an indication of actual and imminent threat to the life of the petitioner and his family, as well as his witnesses, as found by the Court of appeals in CA-G.R. SP No. 00002-W/RA-MIN and there is reason to believe that continuing with the trial of the subject criminal cases in the RTC, Jolo, Sulu can lead to a miscarriage of justice”.
ISSUES: FABRICATION OF CHARGES AND ADMINISTRATION OF JUSTICE
UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL
Dear Friends,
On January 13,2012 at about 11:45 in the evening, Mr. Tulawie was arrested at his rented house in Davao City by combined elements of Military Intelligence Group (MIG) from Region 9 led by Sgt. Reyes, members of Special Action Force (SAF) led by Supt. Fernando Ortega and members of Police Intelligence (R2).
Mr. Tulawie was already planning to voluntarily give himself and face the charges hurled against him after the Supreme Court already granted the motion he filed for transfer of venue to the Regional Trial Court (RTC) of Davao City, because he believes that he will not be afforded with impartiality if his case will be tried in Jolo, Sulu.
On June 13,2011, the Supreme Court granted the request for transfer of venue. Dispositive portion reads as “ Acting on the Petition for transfer of Venue, filed by Temogen “cocoy” Tulawie, one of the accused in Criminal nos. (07-09) 1648-3 and (07-09) 1649-3 from the Regional Trial Court (RTC) of Jolo, Sulu, to any court as this Court may deem convenient, and considering that there is an indication of actual and imminent threat to the life of the petitioner and his family, as well as his witnesses, as found by the Court of appeals in CA-G.R. SP No. 00002-W/RA-MIN and there is reason to believe that continuing with the trial of the subject criminal cases in the RTC, Jolo, Sulu can lead to a miscarriage of justice”.
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