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Rights group hails Doc Naty’s release

Court said her arrest was ‘offensive’ and ‘repugnant’ to due process

Human rights group Karapatan welcomed the release of Dr. Natividad “Naty” Castro after an Agusan del Sur Regional Trial Court (RTC) junked the kidnapping charge against the red-tagged community doctor.

The doctor’s family announced she walked out of detention on Wednesday and has reunited with her siblings.

“We in Karapatan welcome the release of Dr. Natividad Castro based on the court’s decision on her motion to dismiss,” Karapatan secretary general Cristina Palabay said in a statement.

Castro was arrested at their home in San Juan City last February 18 in a commando-style raid by the Criminal Investigation and Detection Group of the Philippine National Police.

Karapatan said Castro was denied due process and her arrest and imprisonment were arbitrary.

Branch 7 of the Bayugan City RTC in a March 25 resolution said it found no probable cause against Castro and ordered her release from the Agusan del Sur provincial jail.

“Without probable cause, the court did not acquire jurisdiction over the accused, which warrants the dismissal of this case,” Presiding Judge Fernando Fudalan Jr. said.

Judge Fudalan ruled that Castro was not properly identified in the warrant the police presented to her family during the raid, which only listed a certain “Dra. Maria Natividad.”

 “A preliminary investigation without a subpoena being issued to the respondent is offensive to due process. Either intentional or a product of omission, the same produces a serious effect repugnant to respondent’s right to liberty,” Judge Fudalan said.

Karapatan said the National Task Force to End Local Communist Armed Conflict’s (NTF-ELCAC) “malicious and baseless statements” against the red-tagged community doctor are all lies.

“We extend our hugs of solidarity to Doc Naty and her family, as we enjoin her to continue doing her work as a community health and human rights worker and to exact justice and accountability from those who violated her rights,” Karapatan said.

Castro’s arrest drew widespread condemnation from the medical community that demanded her immediate release.

Castro spent 40 days in jail. # (Raymund B. Villanueva)

Morita Alegre walks free, appeals for the release of son Selman

Morita Alegre, 75-year old political prisoner and widow of political prisoner Jesus Alegre, is free.

Political prisoner support group Kapatid announced on Saturday that Alegre walked out of the Correctional Institute for Women in Mandaluyong City on Friday, January 28, after 16 years in prison.

“Through combined lobby efforts by Kapatid, Karapatan and church groups led by Negros Bishop Gerardo Alminaza, she was granted commutation of sentence on December 24, 2021,” Kapatid said in a statement.

Alegre’s release came a few days after Alminaza’s public petition last January 22 for her release.

READ: Bishop renews call for release of elderly prisoner and son

“Deo gratias!” (Thanks be to God!) was the prelate’s reaction to the announcement on his Facebook wall.

Kapatid said Alegre’s release papers show she had already served her maximum sentence with 3,676 days – more than 10 years – for “Good Conduct Time Allowance.”

“Today, there is nothing more Nanay (Mother) Morita wants to do than to return home. And home is their coastal barangay (of Taba-ao) in Sagay, Negros Occidental,” Kapatid said.

The group added that Alegre first intends to visit the grave of Jesus when she arrives in Sagay.

The widow last saw her husband at his wake at the Iglesia Filipina Indipendiente National Cathedral on Taft Avenue, Manila in June 2021 when she was given a furlough to see him before his body was flown to their hometown for burial.

Jesus died on June 13 from renal failure and multiple complications despite repeated appeals for his humanitarian release.

READ: 2nd oldest political prisoner dies in detention

The Alegres, fisher folk and farmers, were arrested on April 14, 2005 and ended up convicted for the killing of one Rogelio Tipon, bodyguard of local landlord and alleged land-grabber Avelino Gaspar.

Tipon’s widow Helena has executed an Affidavit of Desistance, but Karapatan said Gaspar has instigated the trial’s continuation that convicted the Alegres.

The Alegres’ refusal to give up their land has also caused the death of a son, Romeo, Karapatan said.

Kapatid said Morita seeks support for Selman, 47, who remains jailed at the New Bilibid Prison, Muntinlupa City.

The group also appeals for assistance to fly Morita home to Negros Island.

Donations may be coursed through Kapatid’s  GCash number 0929 612 3517 (Roni), Kapatid said. # (Raymund B. Villanueva)

Groups laud HOR approval of rights defenders, COMELEC employees’ bills

Two bills approved by the House of Representatives (HOR) on January 17 earned nods from groups supporting their enactment and asked the Senate to immediately pass pending counterpart proposals.

In separate statements on Monday, the group Karapatan lauded the passage of the bill giving protection to human rights defenders (HRDs) while election commission employees hailed the approval of the proposed law strengthening Commission on Elections (COMELEC) field offices.

The HOR approved on third reading House Bill (HB) 10576 entitled “An Act Defining the Rights and Fundamental Freedoms of Human Rights Defenders, Declaring State Responsibilities, and Instituting Effective Mechanisms for the Protection and Promotion of These Rights and Freedoms.”

The chamber also passed HB 10579, “An Act Strengthening the Field Offices of the Commission on Elections by Upgrading and Creating Certain Positions,” amending Batas Pambansa Bilang 881, the country’s old Omnibus Election Code.

Long overdue

Karapatan said it lauds HB 10576’s principal authors who want to give protection to HRDs as well as to other rights advocates such as lawyers, church people, journalists, development workers and freedom of expression and association advocates.

Maraming salamat, (Albay) Rep. Edcel Lagman, (Quezon City) Rep. Kit Belmonte, (Bayan Muna) Rep. Karlos Ysagani Zarate (and the rest of the) Makabayan bloc!” Karapatan secretary general Cristina Palabay said.

In a statement, Lagman said, “The enactment of the Human Rights Defenders Act will put an end to the prevailing impunity on the extrajudicial killings and extreme harassments of HRD.”

Lagman said the following are the proposed measure’s salient provisions:

  • Defines HRD as “any person, who individually or in association with others, acts or seeks to act to protect, promote, or strive for the protection and realization of human rights and fundamental freedoms, at the local, national, regional, and international levels.” This definition is broad and inclusive enough to cover HRDs in both government and private sector who may not be bona fide connected to any human rights organization.
  • Embodies the rights and fundamental freedoms enshrined in the United Nations Declaration on Human Rights Defenders such as the rights to: form associations and to peaceful assembly; represent and advocate; privacy; effective remedy and full reparation; and freedom from intimidation, reprisal, defamation, and stigmatization among others.
  • Prohibits all public authorities from participating, by acts of commission or omission, in violating human rights and fundamental freedoms. Subordinate employees have the right and duty to refuse any order from their superiors that will cause the commission of acts that contravene their duty to protect, uphold, and promote human rights and fundamental freedoms. Such refusal shall not constitute a ground for any administrative sanction.
  • Strengthens the obligation of public authorities to conduct investigations on suspected human rights violations of HRDs.
  • Prohibits the public authority offender from invoking presumption of regularity in the performance of duty which presumption is commonly used as a veneer to conceal accountability for violation of human rights and freedoms. The prohibition is consistent with the rule on the Writ of Amparo.
  • Mandates government agencies to enforce and institutionalize command responsibility and impose sanctions against errant superiors in both military and civilian agencies as provided under existing laws and executive issuances.
  • Directs public authorities to adopt the human rights-based approach to governance and development including in counter-insurgency and anti-terror programs and policies.
  • Seeks to strengthen the Witness Protection Program of the Commission on Human Rights and mandates the Commission to provide sanctuaries for high-risk HRDs, particularly those who have filed formal complaints against high-ranking government officials.
  • Ensures respect for the principle of non-refoulement or the practice of not forcing refugees or asylum seekers to return to a country where they are likely to be subjected to persecution.
  • States that in exercising their rights under the Act, HRDs shall be subject only to limitations that are prescribed by law, in accordance with international human rights obligations and standards, are reasonable, necessary and proportionate, and are solely for the purpose of securing the recognition and respect for the rights and fundamental freedoms of others and meeting the reasonable requirements of public order and general welfare in a democratic society.
  • Creates an independent collegial body to be known as the Human Rights Defenders Committee composed of one Chairperson and six members. The Chairperson shall be selected by the Commissioners of the CHR from among themselves in an en banc session. The six members shall be jointly nominated by representatives of human rights organizations. The nominees shall be appointed by the CHR not by the President to underscore the Committee’s independence of the Executive.
  • States 10 guiding principles that shall be adhered to in implementing the Act and in formulating the corresponding rules and regulations. These include among others: adherence to the rule of law; active participation of HRDs in formulating, implementing and evaluating HRD protection programs; periodic risks assessments; confidentiality of personal data collected on HRDs; special attention to protection of women and LGBT HRD rights; continuous training of the Committee Secretariat; sustained adequate resources; and transparent and equitable resource allocation.
  • Expressly provides that all provisions of the HRD Protection law shall be construed to achieve its objectives and that all doubts in the implementation and interpretation of these provisions shall be resolved in favor of the HRD.

Karapatan said it is high time Congress fully enacts the measure, as “[h]uman rights defenders were killed, arrested, detained, red-tagged and threatened for so long, and a law to criminalize these acts has been long overdue.”

“We call on the Senate, specifically Sen. Richard Gordon who chairs the Committee on Human Rights, and Senate President Tito Sotto to expedite the hearings and pass the proposed HRD Bill of Sen. Leila de Lima,” Palabay said.

‘Overjoyed’

Meanwhile, the Commission on Elections Employees Union (COMELEC-EU) said its 5,000 members nationwide are “overjoyed” by HB 10579’s passage by the HOR.

The poll body’s personnel added the development is “a booster shot,” lifting morale as they prepare for May’s local and national elections.

COMELEC-EU national president Mac Ramirez said the bill will not only benefit COMELEC employees but will help ensure clean and honest elections in the future.

Principal author and ACT Teachers Party Rep. France Castro said the bill is aimed at correcting COMELEC employees’ lower salary grades and to reform the poll body’s field offices.

Castro acknowledged COMELEC-EU’s role in campaigning for the bill, members of which suffered low wages for many years.

Castro added that COMELEC personnel, whose workloads increase during election years, deserve salary increases and regularization as employees.

Both Castro and Ramirez likewise appealed to the Senate to fast track the approval of the proposed measure’s Senate counterpart. # (Raymund B. Villanueva)

Media orgs join mounting calls for profane lawyer’s disbarment

The National Union of Journalists of the Philippines (NUJP) said it joins the Foreign Correspondents Association of the Philippines (FOCAP) and several others in condemning lawyer Larry Gadon’s verbal assault on journalist Raissa Robles on social media as well as mounting calls for his disbarment.

“We urge the Supreme Court and Integrated Bar of the Philippines (IBP) to act on them and on this recent incident,” the NUJP in a statement said.

The group said it joins with FOCAP’s and other calls to “discipline this wayward member of the bar of the boorishness and clearly unbecoming conduct. It is truly unfortunate that social media sites could be wantonly used as a platform to attack independent journalists in this gruesome manner.”

FOCAP earlier described Gadon’s online rant against Robles as “violent and aggressive verbal assault” as well as “atrocious and beastly behavior.”

“The profanity, expletives and sexist insults against Robles violate Philippine law on public decency, gender respect and the core principles of the Integrated Bar of the Philippines (IBP)/It was utterly despicable, and reflective of the belligerent impunity independent and courageous Filipino journalists face for doing their constitutionally protected work in the country,” FOCAP said.

Robles is the Philippine correspondent for the South China Morning Post.

Gadon, a senatorial aspirant and backer of Ferdinand “Bongbong” Marcos Jr., was furious over Robles’ remarks on social media platform Twitter that the failure of the son of the late Philippine dictator to file income tax returns in the past raises the question of whether he paid the taxes at all.

“Like all Filipinos, Gadon has the right to challenge statements from journalists in the interest of public discourse, but never with such venom and malice that openly flout civility, respect and human rights which are protected by the country’s laws,” FOCAP said.

The media group said Gadon’s tirade is concerning because of his large following on social media who may be led to believe that using violent, misogynistic and sexist language is acceptable just because it is done online.

“We are concerned as well because online harassment can lead to or encourage harassment offline,” it said.

“This is not the first time Gadon has displayed the kind of behavior and speech that is in every sense an attack not only on Raissa and other journalists but all decent, God-fearing and law-abiding Filipinos,” the group added.

The NUJP said that, according to reports, Gadon already facing at least one disbarment complaint for maliciously alleging former President Benigno Aquino died of HIV.

Gabriela Women’s Party on Saturday said Gadon’s speech was full of profanities and misogynistic remarks and was a dangerous incitement of hate and violence toward Robles in a lame attempt to dispute the reportage on Marcos Jr.’s failure to file income tax returns.””We support calls for the disbarment of Attorney Gadon as we should no longer tolerate such barbaric behavior that tarnishes the legal profession. The rabid supporter of the Marcoses must be taught a harsh lesson for all his grossly inappropriate verbal assaults,” the group added.

Rights group Karapatan has also condemned Gadon’s “barrage of violent and misogynistic insults” against Robles that “portray the increasingly hostile and violent online environment threatening press freedom in all fronts in the country.” # (Raymund B. Villanueva)

KAPATID: Dismissal of ‘traveling skeletons’ case proves Esperon is ‘an empty can’

A human rights group said the dismissed “traveling skeletons” case is a personal defeat for national security adviser Hermogenes Esperon Jr. who, as Philippine Army commanding general, had a direct hand in its filing.

Political detainees support group Kapatid said the dismissal by the Manila Regional Trial Court (RTC) proved that Esperon had been nothing but “an empty can” from the start of the long-drawn 16-year-old case.

“Last Thursday, December 16, this ‘empty can which made the loudest noise through the years went straight to the place it deserves: the trash can,’” Kapatid spokesperson Fides Lim said.

Lim said the case had been Esperon’s so-called crowning glory and was in fact the self-designated principal and last prosecution witness presented to the Court against the 38 accused prominent Leftists and civilian farmers.

“This dismissal proved what we’ve been saying since this case was filed way back 2004-2005. This multiple murder case was already dismissed by the Baybay Regional Trial Court (8th Judicial Region) yet was recycled by the government to implicate known activists and place them behind bars,” Lim said.

The government said it discovered several mass graves in August 2006 containing 67 skeletal remains it alleged were the remains of victims of a New People’s Army purge of its members in 1985.

Human rights group Karapatan however revealed later charges were simply a “remake of the story portrayed by the prosecution in Criminal Case No. 2001-6-51 before the Regional Trial Court (RTC), 8th Judicial Region, Baybay, Leyte which was dismissed by the said court.”

The group added that the skeletons of three of the alleged victims in the 2000 Baybay case as well as other witnesses were “recycled” in the later Hilongos trials.

The case was later transferred to Manila RTC Branch 32.

Accused Jose Maria Sison, National Democratic Front of the Philippines (NDFP) chief political consultant and Communist Party of the Philippines founding chairperson, said the mass graves were fake and that Esperon merely collected the skeletal remains from various cemeteries.

Other accused, such as NDFP Negotiating Panel member Benito Tiamzon, also question the articles of clothing that came with the skeletons, saying those who have been to the mountains would know that clothes buried in the rainforest for more than 20 years would have decomposed already, as opposed to the near intact fabrics presented to the court in 2016.

Manila RTC Branch 32 judge Thelma Bunyi-Medina declared that the prosecution “failed to pass the exacting standard of moral certainty to discharge its burden of establishing the guilt of accused-movants to secure their conviction for the crimes charged and overcome their constitutional presumption of innocence.”

Bunyi-Medina granted the demurrer separately filed by farmers Norberto Murillo, Dario Tomada and Oscar Belleza and court granted the same to co-accused Satur Ocampo, Rafael Baylosis, Adelberto Silva, Norberto Murillo, Dario Tomada, Oscar Belleza, Exuperio Lloren, and Vicente Ladlad.

The court also dismissed the cases against Tiamzon, Wilma Austria-Tiamzon, Felomino Salazar, Presillano Beringel, Luzviminda Orillo, Muco Lubong, and Felix Dumali whom the prosecution had already terminated the presentation of its evidence but who had not filed their demurrer.

“We laud Judge Bunyi-Medina for keeping the integrity of the court and to push for peace despite Esperon’s moves that were obviously designed to frighten everyone to do his bidding–convict the individuals the government implicated. Judge Bunyi-Medina’s decision is significant in our fight against the government’s binge of filing clearly fabricated cases to harass, threaten and persecute activists,” said Lim.

Ocampo also thanked Bunyi-Medina in this Kodao interview. # (Raymund B. Villanueva)

Tinay Palabay wins prestigious human rights award; dedicates prize to fellow rights defenders

Karapatan’s office was busy Wednesday afternoon and people were scurrying about, as usual. But no list was being updated and no frantic calls were being made. The stacks of papers atop tables were being ignored and the placards were shoved to corners were they could not get in the way of the bustle.

The chatter was happy and the jokes came thicker and faster than usual. And instead of harried-looking human rights defenders, they looked like party-goers in their Sunday best.

In a space usually reserved for quick consultations when there are reports of arrests and killings stood a ring light beside a human rights lawyer, make up brushes in hand. Under the lights sat Karapatan’s secretary general Cristina “Tinay” Palabay being glammed up.

Downstairs came a steady procession of cars loaded with well-wishers from church and other human rights groups. They were getting ready to convoy to far-off Bonifacio Global City, an unusual destination for their type who are usually seen in rallies on streets and military and police camps.

When it was time to go, Tinay emerged smiling, every inch an international human rights laureate she was to formally become in a couple of hour’s time.

Roneo “Jigs” Clamor, Tinay’s long-time deputy secretary general, also performed an unusual role that afternoon. He drove the honoree while wearing a seldom-worn suit. Another extraordinary instance happened when they arrived at the Blue Leaf Pavilion at the swanky corner of Taguig City. “This is actually my first time to have valet parking,” he said as he passed over the car keys to the attendant.

After a brief wait at the entrance for Covid-19 health protocols, Tinay entered the hall, Marcos martial law survivors, mothers of killed and the disappeared, fellow rights defenders, and friends from student activism days in tow. They were soon joined by members of the diplomatic corps, journalists, progressive activists and candidates for various positions in the 2022 elections.

Karapatan secretary general Cristina ‘Tinay’ Palabay with her 2021 Franco-German Prize for Human Rights and the Rule of Law plaque and medallion. (Photo by Atty. Ma Sol Taule/Karapatan)

In gratitude to Tinay and Karapatan

The program started on time. French Ambassador Michele Boccoz spoke first, announcing Tinay was among the 15 recipients of the 2021 Franco-German Prize for Human Rights and the Rule of Law. Being feted in similar ceremonies across the globe were Monika Borgman (Lebanon), Narges Mohammad (Iran), Nebahat Akkoc (Turkey), Erika Aifan (Guatemala), May Sabe Phyu (Myanmar), Noelah Godfrey Msuya (Tanzania), Tabelo times (South Africa), Sharhzad Akbar (Afghanistan), Chang Weiping (China), Jacques Letang (Haiti), Alexandrine Victoire Saizonuo (Benin), Ajna Jusic (Bosnia & Herzegovina), Jake Epelle (Nigeria), and Rafael Azcategui (Venezuela).

Boccoz said that in her capacity as Karapatan secretary general, Tinay led efforts in providing legal and material assistance to political prisoners, victims, and the families of victims of torture, harassment, displacement, enforced disappearances in the Philippines.

France Ambassador Michele Boccoz (left) and German Ambassador Anke Reiffenstuel (right) formally conferring award to Cristina Palabay. (Embassy of France to the Philippines and Micronesia photo)

“Cristina’s voice and that of Karapatan have remained strong and inspiring, even in the face of danger,” the Ambassador said.

Tinay was jointly nominated by the French and German Embassies in Manila “in recognition of her dedication to promoting human rights in the Philippines and globally, particularly though her advocacy work in protecting minorities, empowering women, upholding labor rights, defending freedom of the press and expression, calling for respect of international humanitarian law, as well as supporting actions for the protection and safety of human rights workers all over the world.”

“France and Germany are deeply concerned by the repression or threats to which human rights defenders are subjected to. The protection and promotion of human rights and the rule of law throughout the world remain top priorities in our two countries’ foreign policies as we strive to achieve a world that is built on peace, equality and justice. These values are at the heart of the Franco-German Human Rights Prize, which was created precisely to pay tribute to those who have devoted, and who continue to devote, their body and soul to the defense of human rights everywhere. Indeed, human rights defenders such as Cristina must be protected and supported,” Ambassador Boccoz said.

In her own speech, German Ambassador Anke Reiffenstuel said Tinay was being honored for her “courageous work to protect human rights.” She also paid tribute to Karapatan as an important partner in their work in the field of human rights, assisting victims of human rights violations and their families, documenting human rights violations, coordinating the work of human rights organizations, and engaging dialogue with government institutions.

“Dear Cristina Palabay, thank you for your unwavering commitment and dedicated work,” the envoy said.

Apostasy at the picket line

In her acceptance speech, Tinay recalled her actual “eureka moment” while still a University of the Philippines student when she decided to devote her life to social justice and peace.

“Together with some fellow students, we were then going every weekend to a picket line of striking workers, talking with them on why they are on strike, why they had such pittance for wages despite more than eight hours of work and overtime. I marveled at their clockwork discipline and unity as they took turns in cooking, discussing with wide-eyed teenagers like us, cleaning and guarding the picket line, negotiating with the private guards, the police, and their employers. And then, weeks after, I was shocked to learn that their leader was shot dead near the picket line,” Tinay narrated

Tinay said she felt the murder of a trade union leader was unacceptable. “At that moment, I told myself: no way, I cannot just go on like it’s business as usual, get married, and live a life of apathy, after seeing that those who are the lifeblood of our nation — the workers — get treated like that. Little did I know that many years after, I’d have to witness such daily fare of violence as a women’s rights activist and as a human rights worker of Karapatan, staring at and being in the eye of fascism and authoritarianism. But perhaps, more than being a witness to such pains and violence, I am inspired by the strength of those who had it worst,” she narrated.

Some of Palabay’s fellow human rights defenders she dedicated her award to. (Photo by Atty. Ma. Sol Taule/Karapatan)

She went on to pay tribute to mothers of the forcibly disappeared, women political detainees painfully separated from their babies because of trumped-up charges, families of victims of extrajudicial killings, human rights lawyers who continue providing legal aid to victims despite losing their colleagues and friends to assassinations, mothers of victims of President Rodrigo Duterte’s bloody drug war, and survivors of the dictator Ferdinand Marcos’ martial law. Tinay paused to ask the latter to raise their hands and for the rest of her audience to applaud them.  Among them were Karapatan chairperson Elisa Tita Lubi, former social work and development secretary Judy Taguiwalo, former anti-poverty commission chairperson Liza Masa, and Makabayan chairperson and Senate aspirant Neri Colmenares.

“Every day, I am witness to the tenacity, commitment and collective strength of my fellow human rights workers from Karapatan in documenting and monitoring human rights violations and advocacy work. This tenacity and commitment were tested through the numerous attacks, threats and vilification against us, including an ongoing reprisal suit against me and my fellow officers who are here with me now,” Tinay said.

‘We are seeds’

Tinay is the third Filipina to receive the prestigious prize, after Rosemarie Trajano in 2017and Mary Aileen Bacalso in 2019. Trajano, then secretary general of the Philippine Alliance of Human Rights Advocates, was recognized for dedicating over 30 years in the defense and protection of human rights in the country, while Bacalso, secretary general of the Asian Federation against Involuntary Disappearances,  for lobbying for greater national and international action against enforced disappearances and providing assistance to victims and their families.

In closing her speech, Tinay recalled the words more recently echoed by her sisters in the feminist movement: “They tried to bury us. They didn’t know we are seeds.”

“These words ring true for every persecuted activist like myself, for every peasant claiming the land on which one’s ancestors have worked on and enriched for decades, for every indigenous people who defend and protect the environment and ancestral lands, for every worker whose toil and sweat have built industries, for health workers in the frontlines of the pandemic and campaigning for healthcare for the poor, for every freedom fighter who struggle for justice and democracy. They tried to bury us — artists and journalists of our land who uphold facts, truth, and history. They tried to bury us — Filipinas who are slaying the monsters of patriarchy. They tried to bury us — human rights workers who work and struggle with communities that have been deprived of rights, freedoms, and liberties.

“They didn’t know we are seeds. The kind of seeds that grow in the most brutal environment of political storms; the kind of seeds that cry for justice, for accountability, for freedom; the kind of seeds that push through the hardest of rocks to be able to breathe the air of survival and of defiance; the kind of seeds that blossom into something that is beyond the self, into something that is cognizant of our nation’s history of struggles,” she said.

The 2021 Franco-German Prize for Human Rights and the Rule of Law plaque and medallion. (Embassy of France to the Philippines and Micronesia photo)

Back to work

Karapatan’s office reverted to its default mode the very next day, Thursday. The beautiful dresses and smart suits are gone, replaced by the usual political shirts. The computers were on and humming and the papers were again being sifted. Newly-freed political detainee Cora Agovida has to be assisted in her plan to sue her accusers, more than 700 political prisoners are still in prison for their beliefs and activism, and Johanna Abua must be accompanied in her search for her disappeared husband Steve.

Tinay was in a room somewhere in the crowded office, answering queries from a journalist. Her colleagues at the country’s busiest human rights office were again hunched over their respective tables, tallying rights violation cases and perhaps hoping there would be no new cases as the year closes. It is to them, her colleagues, that she dedicated the honor the night previous.

“I, we, stand with all of you today — unburied by those who wanted to take life and our rights away from all of us. This recognition, the Franco-German Human Rights Prize and the Rule of Law, is not only for me: it is for each and every person who believes in defending and advancing people’s rights,” she said. # (Raymund B. Villanueva)

Kodao wins human rights award

Kodao Productions was among the winners in this year’s Human Rights Pinduteros’s Choice Awards given by HRonlinePH.

Kodao’s post of Altermidya Network’s statement “On the incredulous red-tagging of Altermidya Network at the Dec. 1 Senate hearing” won in the awards’ Human Rights Network’s Posts category, receiving the most number of clicks in a poll held last November 10 to 25 on HRonlinePH’s website and Facebook page.

It condemned National Task Force to End Local Communist Armed Conflict’s red-tagging of Altermidya, an alliance of community journalist, independent media outfits, community radio broadcasters and grassroots film collectives.

Kodao’s deputy director for radio Raymund Villanueva said the media outfit dedicates the award to National Artist for Literature Bienvenido Lumbera and Commission on Human Rights Chairperson (CHR) Jose Luis Martin C. Gascon who both died of illness this year.

“Ka Bien had been our Board of Directors chairperson for the longest time and Chito had been our friend and supporter since he became CHR chairperson. Both were staunch human rights defenders,” Villanueva said.

For human rights heroes

HRonlinePH said its 11th Pinduteros’ Choice Awards is a recognition and appreciation of its human rights heroes who persevere in defending human rights.

“Through our annual gathering we recognize the significant contribution of individuals and groups for raising awareness, inspiring and acting for human rights,” HRonlinePH co-founder Jerbert Briola said.

HRonlinePH’s annual Pinduteros’ Choice Award is its traditional culmination of a two-day human rights conference that focuses on freedom of expression.

Other 11th Pinduteros’ Choice Awards winners were:

HR Pinduteros Choice for HR BLOGSITE: Minding Mindoro and beyond by Norman Novio

HR Pinduteros Choice for HR EVENT: A Story from the HeART by UP Educators’ Circle (UP EdCirc

HR Pinduteros Choice for HR VIDEOS: #SanaAllDapatAll Pantay at Patas | #WokeDTalk2021 Episode 1 by TFDP and Y4R

HR Pinduteros Choice for FEATURED OFF THE SHELF/RESOURCES: Tuligsa at iba pang mga Tula ni Rene Boy E. Abiva

HR Pinduteros Choice for FEATURED SITE: QUARANTALK MEDIA

HR Pinduteros Choice for HR CAMPAIGN: #BabaeMakapangyarihan by World March Of Women-Pilipinas

HR Pinduteros Choice for RIGHT-UP: Isang Bukas na Liham Para kay Bb. Angel Locsin by Jose Mario De Vega

HR Pinduteros Choice for WEBSITE: KARAPATAN Network for the Advancement of Peoples’ Rights

Karapatan won for the second year in a row.

The 11th Pinduteros’ Choice Awards also honored Forum Asia and the British Embassy in Manila with special plaques of appreciation for their support to HRonlinePH.

Briola said the awards is their contribution to the commemoration of International Human Rights Day that recognizes the dissemination, promotion and publication of materials, events, articles and articles on human rights.

“This year’s awardees did not waver in their commitment to human rights despite various obstacles and hardships. These defenders did not give up. This award is a recognition and celebration of their relentless advocacy for human rights in the midst of pandemic and tyranny,” Briola said. #

Terminally ill political detainee dies waiting for ‘compassionate release’

Antonio Molina, the terminally ill political prisoner who asked for “compassionate release” from a local court,  has died Thursday night, November 18 in a Puerto Princesa City hospital. He was 67.

Political prisoners support group Kapatid announced Molina was brought to the Ospital ng Palawan yesterday after suffering from cardiac arrest.  He died a few minutes after 10 pm, the group said.

Kapatid added Molina was the sixth political prisoner to die during the pandemic. There is no report if he was tested for COVID-19 despite the extreme congestion of the city jail, it said.

Human rights group Karapatan said Molina is the 11th political detainee to die under the Rodrigo Duterte administration.

Faith-based group Promotion of Church Peoples’ Response (PCPR) also announced Molina’s death in a separate statement.

“With deep sadness, we bid farewell to Antonio Molina who died this evening November 18, 2021 after suffering months of excruciating pain from terminal cancer while in prison,” the PCPR said.

Molina was arrested on Oct. 4, 2019 in Palawan together with six staffers of the human rights group Karapatan. They were charged with illegal possession of firearms and explosives the Philippine National Police usually files against activists and alleged communists.

Molina was diagnosed with malignant stomach cancer (abdominal sarcoma) last March 24.

This led his family, lawyers and human rights groups to petition the government to grant him a “compassionate release” to allow him continued hospitalization and medical care.

But the motions filed by human rights lawyers were first denied by the Regional Trial Court Branch 51 of Puerto Princesa in Palawan last October 15.

READ: Rights group raps court refusal to release terminally ill political prisoner

“We had been asking the government for his compassionate release since the day that doctors gave him six months to live because of poor prognosis due to extreme disease,” Kapatid spokesperson Fides Lim said.

“We also appealed to the court and prison officials to transfer Molina to a hospital where he could receive intensive care. This was blocked by the prison warden who even denied that he was bedridden. It was too late when the Jail Inspector reversed their position on November 15 and asked the court to act on Molina’s motion for release on recognizance on humanitarian grounds,” Lim added.

Atty Ma. Sol Taule, one of Molina’s lawyers said she received a call Thursday night from his doctors asking permission to intubate the political detainee.

“I informed them of his family’s wish for his life to be extended to allow them to travel to Puerto Princesa to say their final goodbyes,” the lawyer said in Filipino.

“Our sadness and regret are profound for the delayed Release on Recognizance motion we filed before the court that would have allowed his family to take care of him in his final days,” Taule said, adding Molina was yet another victim of the government’s trumped up charges against activists.

Kapatid for its part asked the Commission on Human Rights to conduct an independent investigation into the responsibility and liability of prison officials as well as the accountability of a “callous” court in Molina’s death.

“[W]e ask the (CHR) to lead an independent investigation into his death, particularly the negligence of prison officials, even as we ask the court to reexamine itself and be held accountable for its callous decision-making that effectively served as his death warrant,” Lim said.

Last October, Kapatid asked why “a bedridden old man, completely disabled and incapable of any self-care, cannot benefit from the equity of the law that was used in principle to grant bail for jailed and convicted politicians accused of nonbailable high crimes.”

“The justice system failed Antonio Molina because of double standard and selective application. The penal system further punished him without mercy, deaf to his cries for help. We express our sincerest condolences to his bereaved family,” Lim said.

Taule said Molina was a gentle elderly person who always smiled and looked after his fellow prisoners even as he suffered excruciating pain because of illness.  

“His indigenous people colleagues and fellow political detainees Awing and Bener were proud that they learned to read and write because of Molina’s tutelage.

The PCPR also said Molina endured great injustice at the hands of his accusers.

“[B]ut he is victorious. He has finished the race. He has fought the good fight,” the group said. # (Raymund B. Villanueva)

Groups on DOJ review of 52 drug war deaths: ‘Paltry, late, tentative’

Human rights group Karapatan urged the Department of Justice (DOJ) to go beyond reviewing and further investigating the 52 cases of alleged extrajudicial killings by police officers under the Rodrigo Duterte government’s drug war.

In response to the DOJ’s reported disclosure of the details of the cases, Karapatan secretary general Cristina Palabay said the public, most especially the families of the victims, deserve clear answers to several questions.

“[W]hat are the patterns in these killings? Who are the perpetrators and from what basis or orders have they conducted the said violations? What are the implications of the policies of the Philippine National Police as well as the President’s pronouncements on such acts” Palabay asked.

The DOJ statement.

In a statement, the DOJ said it concluded its review of 52 cases submitted by the Philippine National Police and its Internal Affairs Service that resulted in deaths during the course of the so-called war on drugs and has referred them to the National Bureau of Investigation.

“These cases are to undergo further investigation and case buildup for the possible filing of charges against erring police officers,” the DOJ said.

The DOJ also said it authorized the release of information concerning the cases for the purpose of informing the families of the victims and to invite witnesses to provide information on the killings.

Palabay however said the DOJ decision is not only too late but is too little.

“Why are only .8% of the 6,151 reported deaths by the Philippine Drug Enforcement Agency being investigated and reviewed?” Palabay asked.

Palabay added the decision can only be mere window dressing by the Duterte administration amid scrutiny by the International Criminal Court and the United Nations Human Rights Council.

“Without establishing the clear patterns of killings, as well as the level of command responsibility and policy issues on these violations, such piecemeal acts do little to render justice and to will and institute genuine policy change,” Palabay said.

National Union of Peoples’ Lawyers president Edre Olalia agreed with Palabay, saying “the paltry number, the inordinate lateness, and the unusual tentativeness” of the DOJ decision may be viewed as “more of going through the motions rather than as a thoroughgoing and proactive desire to decisively stop the carnage and the impunity.

“[W]hy are these extrajudicial killings happening in the first place and why are a puny number of ‘erring police officers’ taking the fall all alone even at this very overdue time?”Olalia asked. # (Raymund B. Villanueva)

River of Tears and Rage Documentary Film

Alternative media outfit Kodao Productions has extensively reported on many cases of activists arrested on trumped up charges of possessing illegal guns and explosives. Reina Mae Nasino was one such case. She was pregnant when arrested and was forced to continue her pregnancy inside the country’s notoriously overcrowded prisons. She gave birth while in detention and was forcibly separated from her infant child very early. Due to lack of maternal care, the baby got sick and died at only three months old.

Kodao produced the most comprehensive multi-media reports on the drama that transpired during the baby’s wake and chaotic burial. Its live report generated the most number of views and reactions from a shocked nation as fully-armed police and jail guards went against deeply-held Filipino values of respect for the dead and burial traditions.

This film puts together the most dramatic events during a three-month old baby’s wake and burial, using smart phones, consumer cameras and Facebook Live footages. It also includes real time comments from viewers, a great majority of whom expressed outrage at the government’s merciless show of might against its people. This film also aims to showcase how social media continue to redefine as content-sharing platforms but as generator of many things besides and beyond, including cinema and justice.

View production notes at bit.ly/KodaoRiverProductionNotes.