Category: Urgent Alert


adil

11 August 2013

 
Prime Minister Sheikh Hasina 
Office of the Prime Minister
Gona Bhaban, Old Sangsad Bhaban, Tejgaon
Dhaka, Bangladesh
Email: info@pmo.gov.bd
 
 

 Dear Prime Minister Hasina,

The Human Rights Defenders-Pilipinas (HRDP) was informed by the Asia Forum for Human Rights and Development (Forum-Asia) and the ODHIKAR, a prominent human rights organization in Bangladesh, of the arbitrary arrest and detention of Mr. Adilur Rahman Khan, secretary of ODHIKAR by forces believed to be members of the Detective Branch of Dhaka Metropolitan Police.

We know Mr. Adilur Rahman Khan and his advocacies; we know ODHIKAR, its mandates and activities; and, we are worried of Adilur’s situation including that of his organization. As Human Rights Defenders (HRDs) we know by experience the possibilities of more violations under custody including the possibility of torture.  We are aware of the vilification proceedings usually conducted by States to organizations of HRDs to descredit their works.  Let us all be reminded that the United Nations General Assembly including Bangladesh unanimously approved the Declaration on Human Rights Defenders in 1998; that, human rights works are not anti- government unless the latter vowed to be despotic.

The nature of arrest without warrant employed by State agents against Mr. Adilur blatantly violated the due process of law.  Bangladesh, being a signatory of the International Covenant on Civil and Political Rights (ICCPR) in 2000, should know too well that actions of its agents contravene all the provisions in Article 9 of the said covenant.

We are therefore calling on the Government of Bangladesh to immediately release Mr. Adilur Rahman Khan from custody.  Respect and protect his rights including that of all Human Rights Defenders in Bangladesh.

Sincerely,

Renato G. Mabunga, Ph.D.
Chairperson, Human Rights Defenders – Piipinas (HRDP)
 
Copy Furnished:
 
 
Mr. Muhiuddin Khan Alamgir
Minister for Home Affairs
Email: mkalamgir@yahoo.com; minister@mha.gov.bd;
 
Barrister Shafique Ahmed
Minister for Law, Justice and Parliamentary Affairs
Email: info@minlaw.gov.bd
 
Mr. Hasan Mahmud Khandaker
Inspector General of Police
Email : ig@police.gov.bd
 
H.E. Mr. Abdul Hannan
Ambassador, Permanent Mission of the People’s Republic of Bangladesh to the United Nations in Geneva
E-mail: mission.bangladesh@ties.itu.int
 
Prof.  Dr. Mizanur Rahman, Chairman
National Human Rights Commission
Email: nhrc.bd@gmail.com,
 
High Commission of Bangladesh in New Delhi, India
Email: bdhcdelhi@gmail.com
 
Ms. Saartje Baes
Human Rights Defenders (HRD) Programme Officer, FORUM-ASIA

Email: saartje@forum-asia.org

HUMAN RIGHTS DEFENDERS – PILIPINAS

#45 Saint Mary Street, Cubao, Quezon City

  Tel. # 437-8054  Email: hrd.pilipinas@gmail.com

January 20, 2012

  

 –

Honorable Jose Midas P. Marquez

Court Administrator

Supreme Court of the Philippines

Cc: Atty. Raul Bautista Villanueva Deputy Court Administrator   Supreme Court of the Philippines

Dear Hon. Marquez,

The Human Rights Defenders-Pilipinas (HRD-Pilipinas) would like to thank and congratulate your good office for the timely communication and instructions dated 17 January 2012 to Executive Judge Pelacio Paguican of Davao Regional Trial Court regarding Criminal Case Nos (07-09) 1648-3 and (07-09) 1649-3 involving the accused Temogen “Cocoy” Tulawie – a human rights defender (HRD).  We also commend your office through your Executive Judges Pelagio S. Paguican and Peter V. Eisma for the speedy implementation of your instructions.  Such initiatives have arrested the possible further violation of rights of a human rights defender whose intent for filing a motion for transfer of trial jurisdiction is solely for justice and impartiality.

Our local members informed us that Mr. Tulawie is now in Davao City.  As such, he is under the custody of Col. Michael Dubria of the Regional Intelligence Division (R-2) of the Philippine National Police.

It is our wish that the wheel of justice will now proceed as expected and the accused be given the right to speedy trialHowever, it reached us that, until today, Tulawie’s case folder has not yet been forwarded to RTC Davao.  This is amid the Supreme Court Order dated 13 June 2011 and repeated requests and follow-ups from the family of the accused to the sala of Judge Betlee-lan Barraquias.

We are respectfully asking your good office to put a stop to the defiance of RTC Jolo to your Orders.  Such attitude of the good Judge of Jolo is an action unbecoming of a “man of law” and stains the reputation of the Philippine Courts.

We trust that you will act favourably on this request.  Thank you once again and more power.

Sincerely,

Dr. Renato G. Mabunga

Chairperson, HRD-Pilipinas

 

 –

For the case background, here’s the link:

https://renatomabunga.wordpress.com/2012/01/15/urgent-appeal-arrest-of-human-rights-defender-from-jolo-sulu/

NEWS UPDATES: Tulawie Case

 

NEWS UPDATES: Tulawie Case

18 January 2012

5:00pm

 

 On 13 January 2012, 11:45 in the evening, Mr. Temogen Tulawie was arrested in front of his children by combined elements of Military Intelligence Group (MIG)-Region 9 led by Sgt. Reyes, members of Special Action Force (SAF) headed by Supt. Fernando Ortega and members of Police Regional Intelligence Group-Region 11 based in Davao City at his residence in Catalunan Grande, Davao City.

 He was then taken to Talomo Police station for Police blotter and to Davao Regional Hospital for medical check-up. Afterwards, he was brought to Camp Catitipan, Davao City at the office of the Intelligence division for proper documentation.  He was temporarily detained at Davao City Police Office in Camp Domingo Leonor, Davao City.

 On 16 January 2012 he was presented to the Regional Trial Court (RTC) of Davao City where a letter from Judge Betlee-lan Barraquias, (Executive and Presiding Judge of Jolo, Sulu Regional Trial Court Branch 3) to the Executive Judge of Davao City was read ordering the transfer of Mr. Tulawie back in Jolo.  A clear defiance to the Supreme Court Order dated 13 June 2011.  Portion of the letter reads:

 ”We wish to most respectfully inform your end that the bearers, Mr. Jun M. Abbas and Mr. Perfecto Canas, Jr. are Sheriff/process server and personnel of the Regional Trial Court of Jolo, Sulu, to serve within your jurisdiction in Davao City the order of this court to P/Supt. Michael Dubria, Chief Regional Intelligence and Investigation Division, Police Regional office 11, Camp Catitipan, Davao City, to deliver/transfer the jurisdiction of the Regional Trial Court of Jolo, Sulu, in criminal cases no. (07-09) 1648-3 and (07-09) 1649-3.”

 It orders those who have the custody of Temogen “Cocoy” Tulawie to dispose of the accused to the Regional Trial Court-Branch 3, Jolo, Sulu, “within the period of forty eight hours upon the receipt of this order taking the necessary security measures to ensure the safety of the prisoner during the transfer from Davao City to Jolo, Sulu, and to prevent his escape while under his or their custody to be dealt with in accordance with the law.”

 On 17 January 2012 in the afternoon, Mr. Tulawie was flown by the law enforcers to Zamboanga City and detained at Criminal Investigation and Detection Group (CIDG)- Region 9.  On the same day, the Office of the Court Administrator, Supreme Court of the Philippines through Deputy Court Administrator Raul Bautista Villanueva sent an order for immediate action saying:

 “Please be advised that said order of Judge Barraquias is contrary to the Resolution dated June 13,2011 issued by the Third Division of the Supreme Court wherein the transfer of venue of Criminal Case Nos. (07-09) 1648-3 and (07-09) 1649-3, both involving Mr. Tulawie, was decreed to be held at the Regional Trial Court of Davao City. Likewise, be advised that the Motion for Reconsideration of the above Resolution had already been acted upon and this has apparently been DENIED. Thus, with more reason that Judge Barraquias has no authority to issue his supposed order.

 As such, you are hereby directed to inform the police or jail custodians of Mr. Tulawie that any order contrary to the Resolution dated 13 June 2011 of the Third Division of the Supreme Court cannot be implemented.”

 It must be known that in October 2011, Hon. Judge Barraquias certified the warrant of arrest previously issued by Judge Leo J T. Principe on Tulawie’s case.  His action signified that the warrant is still enforceable even as the Supreme Court so order for the transfer of the case to the Regional Trial Court of Davao City.

 As of this writing, 5:00 in the afternoon 18 January 2012, Mr. Temogen “Cocoy” Tulawie has safety arrived in Davao City and now in the custody of  Davao City Police Office in Camp Domingo Leonor, Davao City.

 Human Rights Defenders-Pilipinas reiterates its calls: 

  1. To RTC Branch 3 of Jolo, Sulu to immediately transfer Tulawie’s Case Records to RTC Davao in compliance with the Supreme Court of the Phippines’ Order/Decision.
  2. To RTC Davao City to ensure a fair, impartial and speedy disposition of the case.  Take all necessary measures to ensure that the trial of Temogen Tulawie follows fair procedure and complies with national and international standards;
  3. To all concerned government agencies particularly the Military and the Police to guarantee the full protection and respect for human rights to Mr. Tulawie, as guaranteed by the Philippine Constitution and the United Nations Declaration on Human Rights Defenders.  Take all necessary measures to guarantee the physical and psychological integrity and security of Temogen Tulawie while in detention;
  4. Immediately and unconditionally release human rights defender Temogen Tulawie, and drop all charges against him as it is believed that they are solely related to his legitimate and peaceful work in defence of human rights;
  5. Guarantee in all circumstances that all human rights defenders in the Philippines are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment.

For the background of the case, please click the link:

https://renatomabunga.wordpress.com/2012/01/15/urgent-appeal-arrest-of-human-rights-defender-from-jolo-sulu/

 January 16, 2012

His Excellency Benigno Simeon C. Aquino III 

 President of the Republic of the Philippines 

 Malacanang Palace

JP Laurel St., San Miguel, Manila 1005 

 Fax: +63 2 7361010; Tel: +63 2 735 6201/564 1451 to 80

 

Re: Temogen S. Tulawie Case: A Human   Rights Defender denied of due process and charged in court, notwithstanding   procedural and substantive lapses in the investigation.

Dear Mr. President,

Greetings of peace!

We, at Human Rights Defenders-Pilipinas, write to express our grave concern regarding the plight of Mr. Temogen S. Tulawie, a human rights defender.  We have been following his case and lately have known of his arrest in Davao City on 13 January 2012.  Prior to his arrest, he was already planning to voluntarily surrender and face the charges hurled against him.  Especially that, the Supreme Court has granted his petition of transfer of case and venue to the Regional Trial Court (RTC) of Davao City.  He believes that impartiality and justice will not be accorded him in Jolo, Sulu.

Mr. Tulawie is a member of different human rights organizations working on various issues in Sulu.  His activities as human rights defender includes, public information campaigns, organizing peace rallies and peaceful protests against government policies detrimental to human rights.

Earlier, it was known that Juhan Alihuddin, a prosecution witness, had executed an affidavit on 29 June 2009 denying his previous statement allegedly taken under duress.  He also denied that a counsel represented him during the investigation, saying, the investigation personnel of the Criminal Investigation and Detection Group (CIDG) provided the counsel only after he had already signed the prepared confession.  He further stressed that the contents of the confession were false.

As of this writing, we are informed that the RTC Branch 3 of Jolo, Sulu has not yet transferred the case records to RTC Davao.

With this vital information, we are calling for a fair, impartial and speedy disposition of the case.  Moreover, we are requesting all concerned government agencies to guarantee the full protection and respect for human rights to Mr. Tulawie, as guaranteed by the Philippine Constitution and the United Nations Declaration on Human Rights Defenders.

We trust that you will act favorably on this urgent matter.  For the Human Rights Defenders-Pilipinas, I remain

Sincerely,

Dr. Renato G. Mabunga

Chairperson

HRD-Pilipinas

 

 c.c.

Hon. Loretta Ann Rosales, Chairperson, Commission on Human Rights

Hon. Juan Ponce Enrile, Senate President

Hon. Leila de Lima, Secretary Department of Justice

Hon. Jose Midas Marquez, Court Administrator, Supreme Court of the Philippines

Police Director General Raul M. Bacalso, Chief, Philippine National Police

Hon. Emilio Gonzalez, Deputy Ombusdman, Office of the Deputy Ombudsman for the Military and other Law Enforcement Offices

Case MR. TEMOGEN SAHIPA TULAWIE
 PHILIPPINES:  ARREST OF A PROMINENT MUSLIM HUMAN RIGHTS DEFENDER FROM   JOLO, SULU
 ISSUES:  FABRICATION OF CHARGES AND ADMINISTRATION OF JUSTICE

 

URGENT   APPEAL

 Dear Friends,

Human Rights Defenders-Pilipinas (HRD-Pilipinas) was informed by the Task Force Detainees of the Philippines (TFDP), about the updates and information regarding the case of Mr. Temogen Sahipa Tulawie. Several appeals were already sent before regarding the harassment he was facing as a human rights defender.

On January 13,2012 at about 11:45 in the evening, Mr. Tulawie was arrested at his rented house in Davao City by combined elements of Military Intelligence Group (MIG) from Region 9 led by Sgt. Reyes, members of Special Action Force (SAF) led by Supt. Fernando Ortega and members of Police Intelligence (R2).

Mr. Tulawie was already planning to voluntarily give himself and face the charges hurled against him after the Supreme Court already granted the motion he filed for transfer of venue to the Regional Trial Court (RTC) of Davao City, because he believes that he will not be afforded with impartiality if his case will be tried in Jolo, Sulu.

On June 13,2011, the Supreme Court granted the request for transfer of venue. Dispositive portion reads as “ Acting on the Petition for transfer of Venue, filed by Temogen “cocoy” Tulawie, one of the accused in Criminal nos. (07-09) 1648-3 and (07-09) 1649-3 from the Regional Trial Court (RTC) of Jolo, Sulu, to any court as this Court may deem convenient, and considering that there is an indication of actual and imminent threat to the life of the petitioner and his family, as well as his witnesses, as found by the Court of appeals in CA-G.R. SP No. 00002-W/RA-MIN and there is reason to believe that continuing with the trial of the subject criminal cases in the RTC, Jolo, Sulu can lead to a miscarriage of justice”.

Details of his arrest:

Mr. Tulawie was arrested by combined elements of Military Intelligence Group (MIG), Region 9 led by Sgt. Reyes, members of Special Action Force (SAF), led by Supt. Fernando Ortega and members of Police Regional Intelligence Group (R2), of Region 11 based in Davao City, on January 13,2012 at about 11:45 in the evening at his rented house in Elenita Heights Subdivision, Catalunan Grande, Davao City.

They were already sleeping together with his two (2) children, when he was awaken by a loud bang from their door. He turn-on the light at their room, then he awaken his children and told them not to panic.

When the authorities came in, he did not resist arrest. He was taken to Talomo Police station for Police blotter and to Davao Regional Hospital for medical check-up. Afterwards, he was taken to Camp Catitipan, Davao City at the office of the Intelligence division for proper documentation.

As of this writing he was temporarily detained at Davao City Police Office in Camp Domingo Leonor, Davao City. On January 16, he will be presented to the Regional Trial Court (RTC) of Davao City.

Mr. Tulawie was the former Provincial chairperson of Consortium of Bangsamoro Civil Society (CBCS), a coalition of Bangsamoro civil organizations (CSOs) within the province of Sulu. His work involves; monitoring and documentation of human rights violation cases affecting muslim communities in the Autonomous Region of Muslim Mindanao, especially in the province of Sulu.

Mr. Tulawie is facing a case of Multiple Frustrated Murder and Attempted Murder, criminal case no. (07-09) 1648-3 and criminal case no. (07-09) 1649-3 at the Regional Trial Court (RTC) branch 3 of Jolo, Sulu, which was filed on July 22,2009. He was implicated in the bombing incident which was happened in the municipality of Patikul, Sulu on May 13,2009, wounding twelve (12) persons including Governor Abdusakur Tan of the Province of Sulu.

BACKGROUND OF HIS STRUGGLE:

As a human rights defender, Mr. Tulawie has also been active in organizing a local organization named “BAWBUG”, which means “Serve, Respect and Protect” in the Tausug language. Bawbug was established to address the defense of the rights of muslim communities affected by military operations in the province of Sulu.

He was also an active  member of Center for Humanitarian Dialogue (CHD) since 2004-2008 and a council member of Non-Violent Peace Force (NP), in the province of Sulu.

From 2004-2007, he was elected to the post of municipal councilor of the capital town of Jolo, and was one of the organizers of the Concerned citizen’s of Sulu, an organization that works for the democratization of local politics, transparency in governance and upholding of civil rights and liberties of the residents of Sulu.

Mr. Tulawie’s human rights work is long and impressive, but it has also brought him into a collision with powerful local politicians. Some of the human rights campaigns that Mr. Tulawie led are the following: Continue reading

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