“We emphasize – red-tagging is anathema to a democracy. The promotion and conduct of such acts attempt to invalidate, muffle and silence the views and work of human rights defenders, activists, and advocates of social causes, and the peoples’ exercise of basic rights and fundamental freedoms.” — Cristina Palabay, Secretary General, Karapatan
Human rights advocates and activists held a protest activity on the 4th anniversary of Rodrigo Duterte’s presidency last June 30 at the Commission on Human Rights compound in Quezon City.
They could not force her to say she indeed is a surrendered New People’s Army (NPA) fighter, so criminal charges were finally filed against human rights worker Alexa Pacalda at the Quezon Provincial Prosecutor’s Office last Saturday.
Seven days after her supposed arrest last September 14 in General Luna town and long before the 36-hour deadline for filing of criminal charges, the 201st Infantry Brigade-Philippine Army (IBPA) charged Alexa with illegal possession of firearms and ammunition in what the military obviously planned to be a secret inquest proceeding last September 21. Her lawyer and family were not informed.
But it did not turn out exactly the way the military wanted it.
The National Union of Peoples’ Lawyers’ (NUPL) Atty. Kristina Conti was nearby, giving a lecture on human rights reporting to dozens of Southern Tagalog journalists, when she found about the inquest proceeding. Journalists who attended the training received a tip that the young human rights defender would be taken to Lucena City from the military camp in Calauag town where she is detained. After a phone call from her NUPL colleague and Alexa’s lawyer Maria Sol Taule, Conti rushed to the Quezon Provincial Capitol compound where the Provincial Prosecutor’s Office is located.
She was met by Alexa’s father Arnulfo and Karapatan-Quezon Chapter colleagues, gratitude and relief on their faces. Conti’s entrance at the fiscal’s office, however, was different. The three lawyers from the Judge Advocate General’s Office (JAGO) tried to hide it but betrayed their surprise by asking where she came from, appearing all of a sudden when the inquest should have been secret.
The mood inside the old and stuffy building became tenser when Alexa’s fellow activists called out the many intelligence operatives who kept on taking photos and videos of them. “Kanina ka pa kuha nang kuha ng photo ko, a. Para di ka na mahirapan, selfie na lang tayo,” said one to an intelligence officer in civilian clothes. (You’ve been taking lots of photos of me. Why don’t we take a selfie to make it easier for you?) The latter tried to play it cool and obliged but the mood did not lighten. Pretty quickly, more intelligence operatives, four of them, entered the building, apparently to assist their comrades.
All the while, Arnulfo and his young son with him kept their cool. As the lawyers were wrangling inside the fiscal’s room, they were seated at a distance. At exactly three o’clock, Arnulfo’s phone sounded, reciting the Catholic’s Three O’Clock Prayer. He stepped out of the room, went to a corner and finished the prayer with his head bowed.
Inside the prosecutor’s office, Conti was still being quizzed by the most senior of the three JAGO officers. She was asked if she is a local lawyer, explaining her sudden appearance. She in turn badgered her counterpart where Alexa was so she could consult with her client. The soldiers refused, even when the fiscal herself asked. “She is nearby. But there are security concerns,” the soldiers cryptically said. “But a lawyer must have access to her client, doesn’t she?” Conti shot back. The fiscal agreed and Alexa was finally brought inside.
Arnulfo and Alexa’s younger brother rushed to hug her as she entered the building. The embraces were long and tight. Beside them, Conti was smiling. When it was her time to speak to her, Conti asked, “Naaalala mo ako?” to which Alexa replied “Yes” and smiled back. Alexa had been Conti’s paralegal on some human rights cases they both collaborated on in the recent past.
Alexa looks nowhere near that of the female NPA fighter toting an AK-47 assault rifle and undergoing military training on the photos being shared on social media. (The photos appeared online only when Alexa’s video was released by her lawyer refuting giddy claims by her captors they had another surrenderee.) Alexa is hardly five feet tall and is very slight of built.
Even with Alexa already inside the prosecutor’s office, the JAGO and the soldiers still refused to give Conti time to consult with her and her family in private. What followed were argumentations that went in circles. Finally, with the public prosecutor’s prodding, the JAGO relented and Conti and the Pacaldas were given 15 minutes at a dark corner of the building, surrounded by file cabinets outside of the female toilet.
Back at the prosecutor’s office, Alexa was asked by Conti if she indeed signed the so-called surrender papers the JAGO submitted as part of its evidentiary documents. The young prisoner replied, “I do not remember anything.” Conti later told Kodao that even if she did, Alexa was obviously under extreme duress after being captured by the soldiers, tortured with sleep and food deprivation for 30 hours and forced to sign the proffered papers they told her would lead to her freedom. The same was true when her father Arnulfo was made to sign a document the Philippine Army said would help his daughter regain her freedom.
Conti asked the prosecutor if Alexa could already be committed to a civilian jail facility. The soldiers objected. The fiscal asked police officers present on who had authority over the prisoner. The police said the soldiers merely informed them two days after the abduction that Alexa had been in their custody but was never in the PNP’s. The fiscal then said Alexa’s lawyers had to file a motion first before deciding on Conti’s request. (Alexa’s lawyer and family filed a Petition for Habeas Corpus at the Supreme Court Monday, September 23.)
Alexa’s other lawyer, Taule, told Inquirer.net Saturday that the criminal charges filed against her proves the soldiers were lying. “They can’t win over Alexa despite detention of seven days in their camp so their game now is to file charges,” she said. The military for its part said they still consider Alexa as a surrenderee, admitting, however, that things have changed since they made public Alexa’s so-called surrender document. Lt. Col. Dennis Cana, public information officer of the Philippine Army’s Southern Luzon Command, told Inquirer.net that Pacalda’s video message refuting the military’s claim “will have a very strong effect on her surrender status” as her sincerity to lay down her arms “is put into question.”
After the inquest proceeding, Alexa was quickly brought outside to a parked black pick-up truck with darkened windows. The Pacaldas were allowed the quickest of goodbyes. By then, more fellow human rights defenders from all over the province had gathered at the gate and managed to chant, “Alexa Pacalda, palayain!” as the soldiers’ convoy sped off back to their camp in Calauag.
Conti said she was glad to have assisted Alexa during the inquest. “She really did not surrender as the military claimed,” she said. She also pointed out that if indeed Alexa was in possession of a firearm and blasting caps, it was not the 201st IBPA’s role to arrest her. It was the PNP’s. Alexa’s case is obviously a case of unlawful arrest or abduction, she said. # (Report and photos by Raymund B. Villanueva)
Karapatan said it is pleased about the UN Human Rights Council (UNHRC) resolution tabled by Iceland asking member-states to take concrete steps on the promotion and protection of human rights in the Philippines during the council’s 41st session.
“Karapatan welcomes the UNHRC’s decision to pass this long overdue resolution. This comes at a most pressing and opportune time as the Duterte government is set to report on its “achievements” after 3 years in office. This is a significant step towards accountability and we applaud the UNHRC’s decision to not remain complicit amid the rights violations being perpetrated in the Philippines. This is not the end-all, be-all of our efforts to exact accountability, but we take it as a critical start. This is a decision on the side of justice,” Karapatan secretary general Cristina Palabay said soon after learning of the resolution’s passage.
The Iceland resolution expressed concern on reported cases of extrajudicial killings in line with the drug war, but also raised the issue of reported violations targeting critics and human rights defenders.
According to Karapatan, the resolution urges the Philippine government to take all necessary measures to prevent extrajudicial killings and enforced disappearances, to carry out impartial investigations and to hold perpetrators accountable in accordance with international norms and standards including on due process and the rule of law; and to cooperate with the Office of the High Commissioner and the mechanisms of the Human Rights Council, including by facilitating country visits and preventing and refraining from all acts of intimidation or retaliation.
“This is a significant and relevant move by Iceland, which was supported by 28 states. An independent investigation into reported human rights violations in line with the government’s anti-narcotics campaign and its counterinsurgency program is long overdue,” Karapatan said in a statement.
“This resolution will initiate the start of a close monitoring on the rights situation in the country. Other efforts domestically, regionally and internationally will likewise move forward, the aggregate of which will expectedly bring out the changes in policy and in leadership that prioritizes human and people’s rights,” the group explained.
Palabay said the UNHRC resolution is not an issue of sovereignty but of accountability.
The Philippines is signatory to binding human rights treaties that allow for such mechanisms of investigation and accountability.
“Duty-bearers who act contrary to their mandate of upholding human rights should expect to be made accountable. In the end, it comes down to exacting justice,” Palabay said.
“This is not a numbers game, as what this callous government tries to reason out. This systematic and state-perpetrated butchering of the Filipino people has reached international concern, and the clamor for change will only echo louder from here on,” she added.
“Despite the government’s efforts to discredit and malign victims, their relatives, and human rights organizations, many countries have already expressed alarm on our situation. We will continuously challenge the government to own up to its flagship policies, and face the consequences of peddling militarism at the expense of people’s rights,” Palabay concluded. (Video by Joseph Cuevas/Report by Raymund B. Villanueva)