Posts tagged “Hawaii Appellate Court

Martial Law victims urge lawmakers to stand by “conclusive presumption”

Hundreds of Martial Law victims from Central Luzon and Manila gathered at the Senate grounds today while the bicameral conference committee deliberates the Marcos victims’ compensation bill for the third time.

Hundreds of Martial Law victims from Central Luzon and Manila gathered at the Senate grounds today while the bicameral conference committee deliberates the Marcos victims’ compensation bill for the third time.

News Release
January 23, 2013

3rd bicam hearing on Marcos victims compensation today
Martial Law victims urge lawmakers to stand by “conclusive presumption”

Hundreds of Martial Law victims from Central Luzon and Manila gathered at the Senate grounds today while the bicameral conference committee deliberates the Marcos victims’ compensation bill for the third time.

“We hope that they finish discussing the bill today,” said SELDA chairperson Marie Hilao-Enriquez, “we also urge them to stand by with provisions that recognize all legitimate victims, including the ‘conclusive presumption’ provision of the House version of the bill.”

The ‘conclusive presumption’ provision recognizes that the 9,539 victims, including the 24 direct action plaintiffs who filed and won the historic class suit of Martial Law victims against the Marcoses in 1986 are legitimate HRV victims that must be automatically considered as such under the proposed Philippine law. “They have gone through the tedious process of proving that they are victims under a competent court and must not be made to go through a grueling process again of relating their sufferings under the law; they have done so in the Hawaii court already. Enriquez added that the ‘conclusive presumption’ provision shall also encourage other victims who were not part of the class suit to come forward.

Fears that fake claimants may take the place of genuine victims should not be the case, according the group, because the bill has a number of mechanisms to prove this. One of the safeguards would be to involve the organizations of victims and other organizations that documented and assisted the victims in their struggle for justice. These are SELDA, FIND, TFD and some lawyer organizations that helped in the legal cases of the victims.

SELDA strongly believes that a final version of the proposed law will be hammered out by the BiCam in this, hopefully, last meeting as the bill has been promised by the President to be a priority bill of his administration and also by the Speaker of the House, Rep. Feliciano “Sonny” Belmonte. President Aquino even promised the president of Switzerland that a law on the victims’ indemnification is forthcoming. Members of the BiCam therefore are urged by the victims to enact the law that embodies their aspirations and interests as a modicum part of justice they long deserve. ###

Reference: Marie Hilao-Enriquez, SELDA chairperson, 0917-5616800

This slideshow requires JavaScript.


After passage of Anti-Enforced Disappearance Bill, martial law victims call for passage of Marcos Victims’ Compensation Bill

Press Statement
22 October 2012

We welcome the approval of the anti-enforced disappearance bill by a bi-cameral session of the Senate and House of Representatives. It is high time that a law criminalizing the practice of enforced disappearance be enforced.

Martial law activist Rizalina Ilagan, a student leader from the University of the Philippines – Los Baños, was disappeared in 1977, together with nine other students and professors from the same University. They were later called the Southern Tagalog 10. Three were surfaced dead, while the rest were never found.

Victims of the dictatorship were vindicated when they won the now historic class suit in 1992 against Ferdinand Marcos. The Hawaii Appellate Court found Marcos guilty of human rights violations against 9,539 victims, among them some 1,000 victims of enforced disappearance. Yet, the military perpetrators, least of all Marcos, was not punished for their crimes.  Once enacted into law, the anti-enforced disappearance bill will allow us to hold responsible the perpetrators of enforced disappearance of activists.

The Anti-Enforced Disappearance Bill provides no prescription period for the crime, unless the victim has surfaced. The perpetrators of involuntary disappearance could be prosecuted no matter how much time has passed since the incident. Moreover, the bill recognizes command responsibility, which means a superior officer would also be culpable for the actions of his subordinates.

However, we are still struggling to claim justice with yet another bill pending in the Senate. The Marcos Victims’ Compensation Bill still has to be finalized by the Senate. Just like the Anti-Enforced Disappearance, this is long overdue

Selda has consistently urged the Aquino government to expedite the compensation bill of martial law victims. President Aquino should not waste any more time in enacting this bill into law. Its implementation, together with the Anti-Enforced Disappearance Bill, will add to our efforts at gaining justice for our loved ones, especially those who were disappeared during martial law. ###

Reference:
Bonifacio Ilagan (09176291241)
Vice Chairperson
SELDA