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

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.


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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

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”.

Protection and promotion of the rights of human rights defenders in the Philippines

HUMAN RIGHTS DEFENDERS – PILIPINAS
(HRD-Pilipinas or HRDP)

By Renato Mabunga

Human Rights Defenders – Pilipinas or HRD-Pilipinas is a non-stock, non-profit organization duly registered under the Philippines’ Securities and Exchange Commission (SEC). It is a membership organization of individuals actively engaging in the promotion, defense, protection and fulfillment of “human rights for all” in the Philippines on various issues be it in civil, political, economic, social, cultural spheres or in the field of development and peace.

Human Rights Defenders-Pilipinas was born-out from the series of campaigns of civil society organizations against the rising phenomenon of extra-judicial killings of human rights workers and activists in Philippines in 2006. This was highlighted with the official visit of the UN Special Rapporteur on Summary Execution Prof. Phillip Alston in March 2007; and, its subsequent report and recommendations on the Philippines at the UN Human Rights Council.