Posts tagged “National Union of Peoples’ Lawyers

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

DSC_0546

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


SC asked to stop appointment of new rights claims board head

Tetch Torres-Tupas | Inquirer.net
February 25, 2014

MANILA, Philippines — A group of human rights victims during the time of former President Ferdinand Marcos asked the Supreme Court to stop the appointment of retired General Lina Sarmiento as head of the Human Rights Claims Board.

In a petition filed Tuesday, they urged the high court to nullify Sarmiento’s appointment.

Petitioners represented by the National Union of People’s Lawyers include former lawmaker Satur Ocampo, Bayan Muna Representative Neri Javier Colmenares, Maria Carolina Araullo, Trinidad Repuno, Tita Lubi, and Josephine Dongail. They were all arrested, detained and tortured during the Martial Law years.

They said President Benigno Aquino III gravely abused his discretion when he appointed Sarmiento who is not qualified to head the Human Rights Claims Board.

Under Republic Act 10368 or the Human Rights Victims Reparation Act of 2013, the head of the board must have a “deep and thorough understanding of human rights and involvement in efforts against human rights violations committed during the Marcos time.

Sarmiento was a former member of the Philippine Constabulary-Integrated National Police who were among those who allegedly committed human rights violations during Marcos time.

Then, she became chief of the PNP Community Relations Group under the counterinsurgency program of the government, a machinery which petitioners say “attempted to deodorize the stench of the internationally condemned cases of extra judicial killings and enforced disappearances.”

“The issue of whether respondent Sarmiento meets the exacting qualities [to head the board] is therefore put to serious question. This does not inspire, merit or command trust and confidence in the head of the Board,” petitioners said.


Aquino’s macabre message an insult

LETTER TO THE EDITOR | Philippine Daily Inquirer
February 7, 2014

Edre_Olalia_72Nothing personal, but does Lina Castillo Sarmiento “have a deep and thorough understanding and knowledge of human rights and involvement in efforts against human rights violations” committed during the Marcos regime? No such evidence on record. And such “deep and thorough understanding and knowledge of human rights and involvement in efforts against human rights violations” are mandated by law.

Does Sarmiento “have a clear and adequate understanding and commitment to human rights protection, promotion and advocacy?” Open to serious challenge.

And yet she will head the Human Rights Victims’ Claims Board? Why put a woman in uniform, who represents an institution that has historically played its indispensable role in violating human rights, at the helm of a body on human rights? What sort of macabre message is this?

As a Philippine National Police “human rights officer,” she played into the part of the apologist mechanism during the Arroyo administration’s killing spree and the nightmare of disappearances that claimed scores of civilians as victims. Does this record inspire trust and confidence?

And President Aquino had to take a year before he could finally decide to openly dishonor, insult and scoff at the memory and sacrifice of those who raged against the dying of the light.

Incredible callousness on top of signature indolence.

Save maybe for some on the board who may be sincere, those that were at the forefront in the battle against the fascist dictatorship and incorrigible kleptocracy were obviously shut out from any representation by this son of perceived icons of democracy.

Where does the  heart of this government lie? Or is it April Fools’ Day?

—EDRE U. OLALIA,
Secretary General,
National Union of Peoples’ Lawyers,
Maaralin corner Matatag Streets Central District, Quezon City

SELDA submits nominees to the Human Rights Victims Claims Board; vows to see to it that R.A. 10368 will be implemented for the interests of the victims

Press Statement
March 14, 2013

SELDA or the Samahan ng mga Ex-Detainees Laban sa Detensyon at Aresto, the organization that initiated the class action suit against former dictator Marcos, sent its list of nominees to the Office of the President on March 12, 2013, for possible inclusion to the Human
Rights Victims Claims Board that will evaluate and process the claims of the human rights violations victims who will file their claim under RA 10368 or the Human Rights Victims Reparation and Recognition Act of 2013.

According to the law, SELDA is one of the five human rights organizations, although not limited to the five named organizations,
that “may submit nominations”  for membership in the Human Rights Victims Claims Board that will evaluate and process the application for claims of the martial law victims under the law.  SELDA secretary general Angie Ipong asserts, “We are very honored and proud  that our nominees possess the qualifications of the members of the Claims Board spelled out in the law; thus, 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. There is also a provision that stipulates that at least three (3) of the nine (9)  must be members of the Philippine Bar who have been engaged in the practice of law for at least (10) years.”

SELDA’s nominees for the Human Rights Victims Claims Board are the following:

1.      Ms. Amaryllis “Marie” Hilao-Enriquez – Marie, Chairperson of both SELDA  and Karapatan, is a survivor of martial law. From her student days at the University of the Philippines up to the present, she has remained a staunch human rights defender. Marie, as a prominent leader of SELDA, led the organization of former political prisoners in the filing and proceedings of the class action suit against the former dictator Marcos in the US Federal Court in Honolulu, Hawaii. She is the daughter of one of the original plaintiffs in the Hawaii class suit. She likewise led the victims and their kin in the active lobby work for the enactment into law of the compensation bill that would indemnify and recognize the victims of martial law.   She is a tireless human rights worker in engaging the various mechanisms of the United Nations in Geneva, Switzerland.

2.      Mr. Bonifacio P. Ilagan – Boni, a multi-awarded writer, was twice arrested (1974 and 1994), tortured, and imprisoned. Boni’s political activism is expressed, among others, through his writings. He is currently the Vice Chairperson of SELDA, one of the mandated organizations under RA  10368 to submit nominations for the Human Rights Claims Board.

3.      Former Representative Liza L. Maza – As a member of the House of Representatives for nine years, Liza introduced and advocated for the legislation of a law recognizing and indemnifying victims of Martial Law. Ms. Maza, together with representatives Satur Ocampo and the late Crispin Beltran, filed the bill for victims of martial law, with due consultations with the victims, their relatives and lawyers.

4.      Prof. Judy Taguiwalo – Judy teaches at the University of thePhilippines. She heads the Department of Women and Development Studies of the College of Social Work and Community Development.  She was a member of the UP Board of Regents from 2009-2010.  She is the recipient of an outstanding alumna award from the UP Alumni Association.   She was detained twice, in 1973 and in 1984, where she gave birth inside prison.  She is a board member of SELDA.

5.      Dr. Edelina P. De la Paz – Dr. Delen de la Paz is Associate Professor in the Dept. of Family Medicine at the UP College of Medicine.  She is also the Vice Chief of the Social Medicine Unit at the same university. Dr. Delen de la Paz has been involved in various health and human rights related institutions and non-government organizations.  She is a respected alumna of the UP College of  Medicine.

6.      Atty. Romeo D. Candazo – a former political detainee, Atty.Ome Candazo is one of the founding members of SELDA in 1985.  He is also a public servant having occupied various executive and legislative positions in the government;  he served as a representative of the City of Marikina.  He is a journalist, an educator and lecturer at the UP, Ateneo and Maryknoll College.  But, first and foremost, Atty. Candazo is a human rights lawyer.

7.      Atty. Kit S. Enriquez – Atty. Kit is the President of the National Union of Peoples’ Lawyers-Cebu Chapter and a member of the Board of Directors of the Integrated Bar of the Philippines-Cebu from 2005-2011.  Atty. Kit was arrested twice during martial law (1972 and 1975) and was heavily tortured by the military.

8.      Atty. Dominador A. Lagare, Sr.  –  hails from General Santos in Mindanao and has been a practicing lawyer since 1973.  He was appointed OIC Mayor of General Santos during President Cory Aquino’s time.  He has also served General Santos as city councilor for four terms.  Atty. Lagare has been doing pro bono work for victims of human rights violations in the General Santos and Saranggani provinces.  He teaches labor laws and negotiable instruments at the Mindanao State University.

With such sterling names and achievements of our nominees, we are confident that they possess the qualifications required by law and if appointed, the personalities we are submitting for nomintations will do honor and work for the interests of the victims of martial law and see to it that this law will redound to the vicitms’ benefits,”  SELDA secretary general Angie Ipong concluded.  She also said that “SELDA’s nominees have been the vocal as well as silent workers behind the campaign for justice for martial law vicitms, components of which are the recognition of the struggle of the vicitims against the dictatorship and the reparation for the sufferings the victims experienced.  These are finally realized under the law.  We, at SELDA,  vow to see to the law’s implementation. ###

Reference: Eliza Tita Lubi, SELDA board member, 434-2837