Posts tagged “Human Rights Victims Reparation and Recognition Act of 2013

P-Noy Booed for Appointing ‘Martial Law Relic’ as Head of HR Victims’ Claims Board

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Rhodora Martinez | Kicker Daily News
February 28, 2014

MANILA, Philippines – A two-star general was put on a hot seat after critics questioned her qualifications as the newly appointed chairperson of a compensation board tasked to determine who were victims of Martial Law that deserve compensation.

This came after President Benigno Aquino III appointed police general Lina Castillo-Sarmiento to head the Martial Law Victims Claims Board.

Lawmakers and human rights groups expressed dismay over the President’s appointment of Sarmiento and vowed to seek intervention from the Supreme Court to reverse the Palace decision.

Senator Joker Arroyo appealed to Aquino in his open letter to the broadsheet Philippine Daily Inquirer to re-examine the basis for the appointment of Sarmiento.

Arroyo said Sarmiento’s track record on human rights today does not qualify her to the position as she was never involved in human rights advocacy during the Martial Law years.

“The appointment of a general from the uniformed services to preside as chair over the adjudication of the claims for reparation and recognition of the human rights victims is a stinging repudiation of our 15 years of struggle for freedom and democracy, which culminated in the national incandescence at EDSA,” the elder lawmaker stated.

According to Bayan Muna partylist Rep. Neri Colmenares, the appointment of Sarmiento as claims board chair is a violation of the criteria that a member of the compensation board should have a “clear commitment on human rights protection and promotion.”

Colmenares said that under former President Gloria Arroyo, Sarmiento headed the Philippine National Police-Human Rights Affairs Office (PNP-HRAO).

“General Sarmiento openly defended former President Gloria Arroyo from charges of human rights violations and extra judicial killings, practically tolerating the human rights record of the Arroyo regime,” he stressed.

Republic Act 10368, also known as the Human Rights Victims’ Reparation and Recognition Act of 2013, requires the members of the Human Rights Victims’ Claims Board to possess the following qualifications:

  • Must be of known probity, competence and integrity;
  • Must have a deep and thorough understanding and knowledge of human rights and involvement in efforts against human rights violations committed during the regime of former President Ferdinand E. Marcos
  • Must have a clear and adequate understanding and commitment to human rights protection, promotion and advocacy.

Meanwhile, former Bayan Muna Rep. Satur Ocampo and members of the Samahan ng mga Ex-Detainees Laban sa Detensyon at Aresto (SELDA) filed a petition for certiorari before the Supreme Court to ask the high court to nullify Sarmiento’s appointment.

According to the petition, “human rights victims are not beggars and are not concerned merely with seeking compensation for themselves for past and continuing atrocities.”

“Compensation is a component of justice. Re-writing the history of human rights violations during the martial law regime is the bigger picture. By appointing a former police general to head the Human Rights Claims Board, the President is practically exonerating the entire system that perpetrated the abuses, justified their occurrence, and concealed them with a veneer of impunity,” it added.

Senator Arroyo, Colmenares and Ocampo are among those who experienced torture and detention by the Philippine Army and Philippine Constabulary, where Sarmiento was a member.

“We want to mark it in our history that never again shall we allow perpetrators of human rights violations go unpunished. Letting a Martial Law relic head the Human Rights Victims Claims Board is a betrayal of that purpose,” Ocampo stated.

According to SELDA, there are about 10, 000 victims of human rights violations under the regime of former President Ferdinand Marcos.

RA 10368 was signed into law by President Aquino on February 2013 on the occasion of the anniversary of the historic People Power uprising that ousted the dictator president.

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SC asked: Void Sarmiento appointment

Christine O. Avendaño | Philippine Daily Inquirer
February 26, 2014

MANILA, Philippines—As the Aquino administration celebrated the 28th anniversary of the Edsa People Power Revolution that toppled the Marcos dictatorship, victims of martial law went to the Supreme Court on Tuesday to stop a retired police director from chairing the board that would determine compensation for victims of the Marcos regime.

Former Bayan Muna Rep. Satur Ocampo was among those who filed a petition for certiorari, prohibition and injunction as well as an application for a temporary restraining order against Lina Sarmiento, whom President Aquino named chair of the Human Rights Victims’ Claims Board.

Named respondents in the petition were Aquino, who was accused of committing grave abuse of discretion when he appointed Sarmiento, former chief of the Philippine National Police Community Relations Group under the government’s counterinsurgency program and head of the PNP Human Rights Affairs Office (HRAO) before her new appointment.

Ocampo and five other petitioners told the high court that they were aghast that Aquino had appointed a police general to head the claims board.

They said Sarmiento’s appointment was “illegal” and should be declared void as she failed to meet the minimum qualifications for a board member set by Republic Act No. 10368, or the Human Rights Victims’ Reparation and Recognition Act of 2013.

In their petition, they said Sarmiento did not meet the requirements that she “must be of known probity, competence and integrity (Section 8a); must have a deep and thorough understanding and knowledge of human rights violations committed during the regime of former President Marcos (8b); and must have a clear and adequate understanding and commitment to human rights protection, promotion and advocacy.”

The petitioners said the President “may argue that respondent Sarmiento has a track record as a member and officer of the PNP but it cannot be denied that she lacks the mandated qualifications set forth under the law, and the institution she represents lacks the credibility and integrity to deliver justice to human rights victims.”

The petitioners also said that when Sarmiento was HRAO chief, she “became part of the machinery, which ‘attempted to deodorize the stench of the internationally condemned cases of extrajudicial killings and enforced disappearances.’”

One case Sarmiento handled was about farmer Renante Romagus who survived abduction and torture. He was stabbed and left for dead in December 2007 in Compostela Valley province, Ocampo et al. said.

They said Sarmiento dismissed calls for investigations of Romagus’ case “as she lamely but callously blamed instead the victims’ inability to identify his perpetrators.”

They also said Sarmiento was a member of Task Force Usig, created by the Arroyo administration which investigated extrajudicial killings and enforced disappearances but which they pointed out had failed to do its job.

The petitioners noted that there was nothing on public record to show that Sarmiento was involved in any effort against atrocities during the Marcos dictatorship.

“If at all, she was a silent, passive, if not acquiescent cog in the security apparatus of the repressive dictatorship,” they said.

Ocampo et al. said their petition was not a question of not only whether Sarmiento was qualified under the law to assume such post but also of whether the President’s act of approving her appointment “contravenes the very essence of the law he is supposed to implement.”

And they said the answer to both questions was “in the negative.”

“Therefore, the illegal and unjustifiable appointment by no less than respondent Aquino, the very person who signed the law and a son of supposed icons of Philippine democracy, of a former police general representative of or coming from an institution that has perpetrated gross human rights violations during the Marcos regime—and even up to the present—negates and renders nugatory the very purpose for which the law was enacted,” they said.

The petitioners said the high court should declare Sarmiento’s appointment null and void because the President had committed grave abuse of discretion.

“By appointing a former police general to head the human rights board, the President is practically exonerating the entire system that perpetrated the abuses, justified their occurrence and concealed them with a veneer of impunity,” they said.

Aside from Ocampo, the other petitioners were Bayan Muna Rep. Neri Colmenares, Bayan chair Carolina Araullo, and Trinidad Repuno, Tita Lubi and Josephine Dongail—members of Samahan ng Ex-Detainees Laban sa Detensyon at Aresto.


Martial Law victims ask SC to nullify appointment of police general to claims board

 InterAksyon.com

MANILA, Philippines — (UPDATE – 3:35 p.m.) Victims of human rights abuses committed by the Marcos dictatorship marked the 28th anniversary of the 1986 People Power uprising by asking the Supreme Court to nullify the appointment of retired police general Lina Sarmiento to head the Human Rights Victims Claims Board.

Among the petitioners were former Bayan Muna Representative Satur Ocampo, Neri Colmenares, the incumbent representative of the party-list group, Bagong Alyansang Makabayan chair Carlo Araullo, Trinidad Repuno, Tita Lubi and Josephine Dongail, all of them among the close to 10,000 human rights abuse victims awaiting recognition under Republic Act 10368, or the Human Rights Victims Reparation and Recognition Act of 2013.

Many quarters have protested the appointment of Sarmiento, calling it a travesty of the law’s intent and an insult to the dictatorship’s victims.

Among those who have voiced their opposition are former Senators Rene Saguisag and Joker Arroyo, both prominent human rights lawyers who defended the victims of the dictatorship.

In a statement, the Samahan ng Ex-detainees Laban sa Detensyon at Aresto said RA 10368 mandates that members of the Human Rights Victims Claims Board possess the following qualifications:

  • must be of known probity, competence and integrity
  • must have a deep and thorough understanding and knowledge of human rights and involvement in efforts against human rights violations committed during the regime of former President Ferdinand E. Marcos
  • must have a clear and adequate understanding and commitment to human rights protection, promotion and advocacy

“We want to mark it in our history that never again shall we allow perpetrators of human rights violations (to) go unpunished. Letting a Martial Law relic head the Human Rights Victims Claims Board is a betrayal of that purpose. We shall exhaust any legal remedy available so that justice may be served,” Ocampo said in the statement.

The petition for certiorari he and the others filed says: “It is more than an issue of trust between the Human Rights Claims Board and the human rights victims. It is greater than ensuring confidence in the system supposedly envisioned to bring about justice. It is beyond the integrity of the process of arriving at the compensation to be awarded and the standards to be used in determining compensability and linking it to the rightful beneficiaries. The sum total of these values, though important, does not adequately address the issue against appointing a former police general to head the Human Rights Claims Board.”

“The human rights victims are not beggars and are not concerned merely with seeking compensation for themselves for past and continuing atrocities,” it added. “Compensation is a component of justice. Rewriting the history of human rights violations during the martial law regime is the bigger picture.”

“By appointing a former police general to head the Human Rights Claims Board, the President is practically exonerating the entire system that perpetrated the abuses, justified their occurrence, and concealed them with a veneer of impunity,” the petition said.

The petitioners are represented by lawyers Edre Olalia, Julian Oliva, Ephraim Cortez and Minerva Lopez of the National Union of Peoples’ Lawyers.

Despite the criticism of Sarmiento’s appointment, President Benigno Aquino III defended his choice, citing the retired general’s age and experience.

He also said Sarmiento would be able to “fend off those who want to sabotage” the law.

But Cristina Palabay, secretary general of the human rights organization Karapatan, described Aquino’s defense of Sarmiento as “lame … as lame as his understanding of the very essence of the law that he is supposed to implement.”

“By appointing Sarmiento, Aquino appears as the primary saboteur of the intent of the law to provide justice and reparations to Martial Law victims,” she said.


SELDA files certiorari at SC, demands nullification of Gen. Sarmiento’s appointment to Human Rights Victims Claims Board

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News Release
25 February 2014

Continuing protest vs PNoy-created HR Victims Claims Board
SELDA files certiorari at SC, demands nullification of Gen. Sarmiento’s appointment to Human Rights Victims Claims Board

On the occasion of the 28th anniversary of the EDSA People Power I, Martial Law victims led by former Bayan Muna Rep. Satur Ocampo filed a petition today asking the Supreme Court to nullify the appointment of PNP Gen. Lina Castillo-Sarmiento as chairperson of the Human Rights Victims Claims Board, the formation of which Pres. BS Aquino announced on February 13, 2014.

Petitioners include martial law victims namely Former Bayan Muna Rep. Saturnino Ocampo, Bayan Muna Rep. Neri Javier Colmenares, Dr. Maria Carolina P. Araullo, Trinidad Repuno, Tita Lubi and Josephine Dongail. All of them belong to the almost 10,000 Martial Law victims awaiting recognition as stated in Republic Act 10368, or the Human Rights Victims Reparation and Recognition Act of 2013 signed into law by Pres. BS Aquino.

According to RA 10368, members of the Human Rights Victims Claims Board should possess the following qualifications: 1) must be of known probity, competence and integrity; 2) must have a deep and thorough understanding and knowledge of human rights and involvement in efforts against human rights violations committed during the regime of former President Ferdinand E. Marcos; 3) must have a clear and adequate understanding and commitment to human rights protection, promotion and advocacy.

“We want to mark it in our history that never again shall we allow perpetrators of human rights violations go unpunished. Letting a Martial Law relic head the Human Rights Victims Claims Board is a betrayal of that purpose. We shall exhaust any legal remedy available so that justice may be served,” Ocampo said.

The petition for certiorari concluded that “It is more than an issue of trust between the Human Rights Claims Board and the human rights victims. It is greater than ensuring confidence in the system supposedly envisioned to bring about justice. It is beyond the integrity of the process of arriving at the compensation to be awarded and the standards to be used in determining compensability and linking it to the rightful beneficiaries. The sum total of these values, though important, does not adequately address the issue against appointing a former police general to head the Human Rights Claims Board.

The petition said, “The human rights victims are not beggars and are not concerned merely with seeking compensation for themselves for past and continuing atrocities. Compensation is a component of justice. Re-writing the history of human rights violations during the martial law regime is the bigger picture. By appointing a former police general to head the Human Rights Claims Board, the President is practically exonerating the entire system that perpetrated the abuses, justified their occurrence, and concealed them with a veneer of impunity.”

The counsels of the petitioners are from the National Union of Peoples’ Lawyers (NUPL) namely Attys. Edre Olalia, Julian Oliva, Ephraim Cortez and Minerva Lopez.

A number of Martial Law victims gathered infront of the Supreme Court to support the filing of the petition. ###

Reference: Jigs Clamor, SELDA national secretariat coordinator, 0917-5965859


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Claims board fight goes to SC

By Jr., Leila B. Salaverria, Nestor P. Burgos | Inquirer.net
February 25, 2014

Victims of martial law are taking up another fight against what they consider a monumental injustice.

This time they are waging a legal battle against retired police general Lina Sarmiento, President Aquino’s choice to head the Human Rights Victims’ Claims Board.

The nine-member claims board will receive, evaluate, investigate and approve the applications for compensation of martial law victims.

Assisted by the National Union of Peoples’ Lawyers (NUPL), the victims said they will file a petition in the Supreme Court challenging Sarmiento’s qualifications to head the board on the grounds that she used to be with the Philippine National Police, an agency they accused of violating human rights.

In Iloilo City, former political detainees will join protest actions on Tuesday against Sarmiento’s appointment.

The victims said that under Republic Act No. 10368, the Human Rights Victims Reparation and Recognition Act of 2013, members of the board should have “a deep and thorough understanding and knowledge of human rights and involvement in efforts against human rights violations committed during the regime of former President Ferdinand E. Marcos.”

They must also be of known probity, competence and integrity, and must have a clear and adequate understanding and commitment to human rights protection, promotion and advocacy.

NUPL secretary general Edre Olalia on Monday said the victims were “not questioning the discretion of the President (in choosing the head and members of the claims board). (B)ut we’re questioning (why) the President did not follow the explicit requirements on who should head the board.

No delays

Bayan Muna party-list Rep. Carlos Isagani Zarate said the filing of a petition against Sarmiento did not have to delay the process of compensating the martial law victims.

Zarate said the claims board was a collegial body and its other members could continue with the task of processing the applications for compensation and determining their amount should Sarmiento’s leadership be restrained.

Among the petitioners in the Supreme Court case to be filed against Sarmiento are members of Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (Selda), whose members were jailed and abused during the Marcos dictatorship.

Travesty

In a statement, Selda said the issue of Sarmiento’s appointment went beyond her qualifications. “It is a travesty of justice… a conscious effort to discredit and dishonor martial law victims,” Selda said.

Olalia, in a separate statement, said Malacañang was being “incorrigible, insensitive and hopelessly stubborn” in insisting on Sarmiento. He said there was no reason the head of the claims board should come from “the most vicious perpetrators of human rights atrocities from the time of the dictatorship…to the present.”

In Iloilo, Selda members criticized Aquino’s choice of Sarmiento, saying that “she belonged to an institution which was among those primarily responsible for human rights violations.”

Others qualified

“Surely there are many others who are qualified and credible,” said Fortunato Pelaez, Selda’s vice president for the Visayas, who was arrested in 1974 as a member of the militant group Kabataang Makabayan. He was detained for 15 months at Camp Crame in Quezon City and at Camp Delgado in Iloilo City, where he suffered torture, including the electrocution of his genitals.

Former political detainee Azucena Porras-Pestaño described Sarmiento’s appointment as an “immoral act” and “insulting” to the human rights victims amid the commemoration of the 1986 Edsa People Power I uprising. Pestaño was a teacher at the then Iloilo City College when she was arrested as a member of the Makabayang Samahan ng mga Propesyonal. She was detained for nine months.

Meanwhile, former senator and human rights lawyer Joker Arroyo who had earlier written an open letter to President Aquino scoring his choice of Sarmiento, on Monday pressed Malacañang to account for the P10-billion in compensation for the martial law victims.

“It would reassure everyone if Malacañang could confirm that the monies allocated to fund the monetary claims of the human rights victims…are still intact,” Arroyo said.—With a report from TJ Burgonio


Opposition mounts vs appointment of police general to human rights claims board

Photo by Interaksyon.com

Ernie Reyes | InterAksyon.com

MANILA, Philippines — Opposition to the appointment of a retired police general to chair the body tasked to process claims of victims of human rights abuses by the Marcos dictatorship continued to mount with a women’s group calling it an “affront to Filipinos” and the victims.

In a statement issued Tuesday, Tanggol Bayi said that, “152 women were victims of extrajudicial killing, 31 women were disappeared, while 290 women were illegally arrested and detained” during the administration of former President Gloria Macapagal-Arroyo, when Lina Sarmiento headed the human rights office of the Philippine National Police.

Under the current administration, it added, the human rights group Karapatan has documented 18 women victims of extrajudicial killing, 3 cases of rape of girls, and 33 women political prisoners who were also victims of illegal arrests and fabricated charges.

Earlier, former Senator Rene A.V. Saguisag, who defended human rights abuse victims during the dictatorship, also called Sarmiento’s appointment “illegal.”

Before he became a senator, Saguisag served as spokesman of former President Corazon Aquino, mother of the incumbent, following the ouster of Ferdinand Marcos.

“The appointment of a police general, one from an institution which has systematically spawned rights violations including numerous sexual forms of violence against women since the Martial Law period, is an affront to Filipinos and all victims of human rights abuses,” filmmaker Kiri Dalena, Tanggol Bayi convenor, said in the statement.

Another Tanggol Bayi convenor, Cristina Palabay, accused President Benigno Aquino III of “using a female police official to deodorize stinking institutions with notorious records of human rights abuses.”

“We decry Aquino’s use of the gender card to justify the appointment of a police general to a body that is supposed to deliver justice to women victims of Martial Law,” she said.

Tanggol Bayi also decried what it called Malacanang’s disregard for its women nominees to the claims board, who it said are publicly known for their “deep and thorough understanding and knowledge of human rights and involvement in efforts against human rights violations” and “clear and adequate understanding and commitment to human rights protection, promotion and advocacy,” qualifications spelled out in the Human Rights Victims Reparation and Recognition Act of 2013.

The group had nominated former Gabriela Representative Liza Maza, one of the law’s main authors, and University of the Philippines Professor Judy Taguiwalo, a victim of the dictatorship and a women’s rights advocate.

It also supported the nomination of Karapatan chair Marie Hilao Enriquez, a veteran human rights activist and daughter of one of the plaintiffs in the class suit against the Marcoses that was the basis of the compensation law.


SELDA forms People’s Claims Board, demands recall in BS Aquino’s appointment of PNP general to recognize ML victims

Press Statement
17 February 2014

SELDA announces the formation of the People’s Claim Board, in protest of the Pres. Benigno Aquino III’s appointment of a PNP general in the Human Rights Victims’ Claims Board (HRVCB) to implement the law.

The Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (SELDA) has repeatedly urged the BS Aquino government to immediately form the claims board. On February 13, more than a week before the Human Rights Victims Reparation and Recognition Act of 2013 or RA 10368 turns a year old, the Aquino government through the Commission on Human Rights announced the appointment of PNP Retired General Lina Sarmiento as chairperson of the HRVCB. After a year of shutting off Martial Law victims, the Aquino government arbitrarily appoints a former police general.

BS Aquino’s appointment of Sarmiento is a clear affront to martial law victims. Furthermore, it asserts that the appointment of an ex-PC officer to head the martial law claims board is tantamount to a shameless honoring of an atrocious martial law apparatus.  The defunct Philippine Constabulary is the forerunner of the current Philippine National Police that has records of the gravest human rights violations during the dark days of Marcos dictatorship.

Pres. Aquino clearly disregards the provisions of the law which enumerated the qualifications of members of the HRVCB.  Gen Sarmiento is bereft of credibility, much more, her deep knowledge of martial law atrocities and empathy to its victims is put into question since she is part of the institution accused of rampant human rights abuses during that period.

Apart from being a PC officer under Marcos, Sarmiento was the former head of the PNP’s Human Rights Affairs Office during the Arroyo regime, which has the gravest post-martial law record of human rights abuses. This does nothing to merit her appointment. We express doubts that under Sarmiento’s chairpersonship of Human Rights Victims’ Claims Board will become an independent body.

In forming the People’s Claims Board, SELDA makes this as a parallel body to act both as a watchdog and a monitoring body of Aquino’s HRVCB. The People’s Claims Board priority is to ensure that real and legitimate martial law victims will not be marginalized. There is no room for backing out and toning down our call for justice. ###

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