The Philippine Online Chronicles

“I grew up in an era where human rights were often violated. My father, together with many others, was a victim. Our family and their families were victims too, and so many of our countrymen who were alive at the time share the same story. We know more than anyone that the blatant disregard of liberties will only bring us further into the dark,” President Benigno S. Aquino III said in his speech commemorating the International Human Rights Day on December 10, 2010.

Because his family was a victim of martial law, many had hoped that Aquino would uphold human rights. Because his father Benigno Aquino Jr. was imprisoned, many had been expecting that he would release political prisoners, especially those who have been detained under the previous Gloria Macapagal-Arroyo administration.

Except for the 43 health workers, Aquino did not lift a finger to facilitate the release of political prisoners, now numbering 354, according to human rights group Karapatan. In fact, under Aquino, 47 activists have been arrested and detained.

Political prisoners are those who are arrested, detained and imprisoned for acts in furtherance of their political beliefs. They are charged with rebellion, sedition and variations thereof but many have been slapped with criminal offenses to hide the political nature of their being arrested and detained. Non-bailable offenses such as murder, multiple murder, frustrated murder, arson, kidnapping, robbery in band, illegal possession of firearms, are meant to keep them in jail while wheels of justice move slowly. Such practice violates the Hernandez political doctrine that prohibits criminalization of political offenses.

Torture

According to Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (Selda), many of the political prisoners in the Philippines are arrested either without warrants. They are often subjected to different forms of torture.

Former political prisoner Angelina Ipong, who was 60 years old at the time of her arrest in 2005, was subjected to sexual molestation by soldiers of the Southern Command of the Armed Forces of the Philippines. After six years in jail, all the charges against Ipong were eventually dismissed. She was released in February this year.

Ericson Acosta, another political prisoner who was arrested on February 13, revealed that he was physically and psychologically tortured; deprived of sleep, threatened, intimidated, coerced and forced to admit membership in the New People’s Army (NPA).

Meanwhile, Tirso “Ka Bart” Alcantara, an alleged high-ranking NPA officer arrested in January, was beaten up he had to be confined to a hospital. He remains chained to his bed.

Amnesty

Karapatan and Selda have been calling for a general, unconditional and omnibus amnesty for political prisoners.

General means all political prisoners, or what the government refers to as alleged political offenders, covered by the effectivity of an Amnesty Proclamation, whether they are charged with political or criminal offenses.

Unconditional means no precondition is set before they can be released. They will not have to go through a tedious application process and will not be required to plead guilty or make any admissions. They only need to be covered by the definition and effectivity of the Proclamation. The operative act needed to effect their immediate release is their inclusion in a pre-screened list and acceptance of the General, Unconditional and Omnibus Amnesty Proclamation.

Omnibus means that all charges or offenses as defined in the Proclamation are covered by the amnesty.

Leaders of human rights groups held a dialogue with Justice Secretary Leila de Lima in June and presented their demand for amnesty.

“I told them it’s not as easy as that. The most we can do is to study individually these cases, to determine whether they are qualified [for amnesty],” De Lima told reporters after the dialogue.

De Lima said she would immediately convene the Presidential Committee for Bail, Recognizance and Pardon (PCBReP), of which she is the chair. As of this writing, no word has been heard from the said committee.

Detained peace talks consultants

Despite the resumption of peace talks between the Government of the Philippines (GPH) and the National Democratic Front of the Philippines (NDFP), the GPH has yet to release political prisoners as part of the confidence-building measures.

In the Joint Communique signed by both parties on January 18, 2011, the GPH, through its negotiating panel, committed itself “to work for the expeditious release of detained NDFP consultants and other Jasig-protected persons in compliance with the Jasig and in the spirit of goodwill.” Jasig refers to the Joint Agreement on Safety and Immunity Guarantees signed by both parties in February 1995. It guarantees the safety and immunity of negotiators, consultants and all personnel who participate in the peace negotiations.

The NDFP has scored the GPH for failing to comply with the agreements. Luis Jalandoni, chair of the NDFP negotiating panel, said that the “sincerity of the GPH under President Benigno Aquino III is under serious question because of the failure to release Alan Jazmines and other consultants of the NDFP and Jasig-protected persons.”

Jazmines was arrested on the eve of formal peace talks in February and charged with common crimes. He was recently appointed by the NDFP national leadership as member of the NDFP Reciprocal Working Committee on Social and Economic Reforms (RWC-SER).

Other NDFP consultants protected by Jasig are Alcantara, Eduardo Serrano, Leopoldo Caloza, Emeterio Antalan, Edgardo Friginal, Glicerio Pernia, Jaime Soledad, Randy Felix Malayao, Eduardo Sarmiento, Ramon Patriarca, Jovencio Balweg Sr., Alfredo Mapano, Ma. Luisa Purcray, Danilo Badayos, Pedro Codaste and Edwin Brigano. Five have been arrested under Aquino administration.

Fidel Agcaoili, NDFP peace panel member and chair of the NDFP Human Rights Committee, said: “If they cannot respect Jasig, how can we believe that the GPH would respect bigger agreements?”

Formal talks have been stalled.

Under the administrations of former President Corazon Aquino and Fidel Ramos, political prisoners were released. So far, Aquino granted amnesty to some 400 rebel soldiers.

In a statement, Marie Hilao-Enriquez, Karapatan chairwoman said: “It is ironic that President Benigno S. Aquino III boasts of his parents’ legacy—that of fighting and dying for democracy in this country—while the number of political prisoners continues to rise in his government, under his ‘straight path.’”