The Philippines: Filipino lawyers at risk by state tagging

July 10, 2019

Lawyers for Lawyers is deeply concerned over the ‘red-tagging’ of lawyers and lawyers’ groups in the Philippines as it puts lawyers’ safety and independence at risk. On 11 July, a court hearing takes place where members of the military must comment on a human rights lawyers’ request for protection.

 

The practise of labelling or “red-tagging”

In the Philippines, human rights lawyers are often criminalised and tagged as “communists” or “terrorists” because they are identified with their clients or their clients’ causes. Especially lawyers representing people who are accused of terrorist or drugs related crimes, or who have been critical to the government’s policies or behavior, such as journalists, political opposition leaders, and human rights defenders, are targeted.

This ‘red-tagging’ of lawyers and other individuals or groups is seen as a strategy used by State agents, particularly law enforcement agencies and the military,to encourage counterinsurgency programs and violent attacks against those perceived to be ‘threats’ or ‘enemies of the State.

Lawyers for Lawyers fears that the ‘red-tagging’ of lawyers put them in danger for simply doing their job.

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Filipino lawyers at risk by state tagging

Stand for Human Rights, Support Call for UN probe in Philippines

Relentless red-tagging in Cagayan de Oro ‘scary and dangerous’

https://www.ucanews.com/news/kin-of-philippine-drug-war-victims-appeal-for-un-help/85605

https://news.abs-cbn.com/news/07/10/19/human-rights-groups-confident-un-council-will-act-on-ph-killings

https://www.gmanetwork.com/news/news/nation/700246/amnesty-int-l-calls-on-icc-to-expedite-examination-into-phl-war-on-drugs/story/

Rights group lauds Iceland’s resolution on PH rights situation

https://www.scmp.com/news/asia/southeast-asia/article/3017805/amal-clooney-defend-journalist-maria-ressa-one-rodrigo

https://nupl.net/

The Philippines/ICC: Bad omen against Duterte

July 9, 2019

JUST 10 months from Duterte’s presidency, I personally filed that first communication with the International Criminal Court (ICC) in April 2017.  At that time, he just had a fresh popular mandate. But we were undeterred.

Likewise, in February 2018, the ICC launched a preliminary examination in just four months before the end of Duterte’s second year. He retained then his mass appeal.

Mr. Duterte cannot take comfort in his latest Senate sweep. Even if politics is in his favor, the ICC case is not for politics, but for justice. As shown previously, the ICC will act for justice, notwithstanding  Duterte’s popularity which is irrelevant to justice.

In fact, again despite such popularity, the latest international call for a United Nation’s probe into Duterte’s war on drugs is becoming stronger. More than two dozen countries are now supporting a resolution calling for such probe.

While the resolution is aimed at the UN, especially the UN Human Rights Council, to do a probe, there has been, since February 2018, a preliminary examination in the ICC which is a prelude to a further investigation.

Expectedly, the resolution is not aimed at the ICC, presumably because as a court, the ICC is independent and should be free from political pressures.  A resolution, if aimed at the ICC, could end up as a weapon for critics falsely claiming that ICC is a tool of western powers.

However, it is unrealistic to completely divorce such call from the ongoing ICC preliminary examination. While the call is aimed at the UN, it indirectly sends a very strong signal to the ICC that a full-blown probe enjoys international backing.

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Bad omen against Duterte

https://www.gmanetwork.com/news/news/nation/700246/amnesty-int-l-calls-on-icc-to-expedite-examination-into-phl-war-on-drugs/story/

https://www.scmp.com/news/asia/southeast-asia/article/2133741/philippine-lawyer-who-wants-put-duterte-dock

https://news.abs-cbn.com/news/07/08/19/bulacan-is-phs-bloodiest-killing-field-amnesty-intl-report

https://www.rappler.com/thought-leaders/233103-hounds-at-the-door

https://www.icc-cpi.int/

Two years after the Interview of Jude Sabio and thousands of killed humans later, this video it is worth watching more than ever. Because things proved to become true: "Rappler Talk Investigative: Matobato lawyer Jude Sabio on Duterte and the ICC" https://t.co/Oxf9CRtMAL

— Duterte Watchdog presents 😏 (@DuterteWatchdog) April 14, 2019

The Court of Appeals has junked an arrest warrant issued last year against lawyer Jude Sabio, who last year sued President Rodrigo Duterte before the International Criminal Court. https://t.co/WOsTmI2AXS

— GMA News (@gmanews) April 16, 2019

The Philippines: CA junks arrest warrant in Cavite case vs. lawyer who sued Duterte before ICC

April 13, 2019

The Court of Appeals (CA) has junked the arrest warrant issued against Jude Sabio, the lawyer who filed a communication with the International Criminal Court (ICC) against President Rodrigo Duterte’s war on drugs.

In a 15-page decision dated March 29, a copy of which ABS-CBN News obtained Saturday, the CA 9th Division ruled that there was no basis for a Trece Martires City, Cavite judge to order Sabio’s arrest over his non-compliance with the Mandatory Continuing Legal Education (MCLE) program for lawyers.

All Philippine lawyers are required to take MCLE classes every 3 years.

CA Associate Justice Emily Aliño-Geluz, as then Trece Martires City Regional Trial Court Branch 23 Judge, had issued an arrest warrant against Sabio on March 7, 2018 after Sabio failed to pay the P2,000 fine which the judge imposed as his MCLE compliance certificate had expired.

Sabio asked the judge to reconsider her order but she ignored the motion and instead issued another warrant of arrest in place of the previous unserved one in April 2018.

The President appointed her as CA associate justice on April 30, 2018 shortly after she issued the arrest warrants against Sabio.

In its ruling, the appellate court said Geluz gravely abused her discretion when she imposed the penalty of a fine with imprisonment and later on issued the warrants of arrest against Sabio.

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https://news.abs-cbn.com/news/04/13/19/ca-junks-arrest-warrant-in-cavite-case-vs-lawyer-who-sued-duterte-before-icc?fbclid=IwAR26md0AZOCYkwuf4YSnk1U-r735JG86NzuD5TGhCvTsIifjF-GzWQ4cMow

https://www.npr.org/sections/parallels/2018/05/05/608440198/philippine-lawyer-faces-death-threats-after-filing-case-at-the-hague-against-dut

https://www.reuters.com/article/us-philippines-drugs-icct/threatened-and-vilified-but-philippine-lawyer-says-he-wants-death-squad-president-in-court-idUSKCN1G203C

CA junks arrest warrant in Cavite case vs. lawyer who sued Duterte before ICC

https://www.icc-cpi.int/

CA junks arrest warrant vs Jude Sabio, the lawyer who filed communication with Intl Criminal Court against Pres Duterte's war on drugs. A Trece Martires City judge had ordered Sabio arrested for not paying P2k-fine over non-compliance with MCLE req't for lawyers. | @mikenavallo pic.twitter.com/60qT24a9fr

— ABS-CBN News (@ABSCBNNews) April 13, 2019

Malacañang has denied the claim of lawyer Jude Sabio who filed a communication case before the International Criminal Court against President Rodrigo Duterte that he was being harassed. https://t.co/CDBB86q2ll

— Panay News (@panaynewsdotnet) April 2, 2019

Kudos to the Court of Appeals for upholding the law, not allowing it to be weaponized for persecuting Jude Sabio! https://t.co/VD1aKUQ42G

— Manny Valdehuesa (@valdehuesagmail) April 13, 2019

The Philippines: Duterte critic appeals tag as nuisance Senate bet

November 13, 2018

Lawyer Jude Sabio tells the Comelec it won’t look good if ‘a legal archenemy of President Duterte’ is declared a nuisance senatorial candidate

Senatorial hopeful Jude Josue Sabio, the lawyer who filed a complaint against President Rodrigo Duterte before the International Criminal Court (ICC), appealed the petition of the Commission on Elections (Comelec) law department to declare him a nuisance candidate.

“It will not look good in the eyes of the nation and the world that I, as the first Filipino lawyer internationally and nationally known to have lodged the first historic complaint in the ICC against President Duterte and his allies, is being treated as a nuisance,” Sabio said in an 18-page comment obtained by Rappler.

“It certainly will not sit well with the country and the world that a legal archenemy of President Duterte is unceremoniously being deprived of meaningful participation in the electoral process,” he added.

Sabio sent this comment to the Comelec via courier late Tuesday afternoon, November 13, and he expects this to reach the poll body on Wednesday, November 14.

Sabio is among 95 personalities – including former Consultative Committee spokesperson Conrado “Ding” Generoso and pro-life advocate Rizalito David – whom the Comelec law department wants the poll body to classify as nuisance senatorial bets. Comelec commissioners will have the final say after subjecting them to hearings and evaluating their cases.

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Sabio on April 24 filed a complaint against Duterte before the ICC for alleged “mass murder” in the Philippines. He cited the murder of at least 1,400 people by the alleged Davao Death Squad when Duterte was Davao City mayor, and the killing of thousands more during Duterte’s presidency.

https://www.rappler.com/nation/politics/elections/2019/216612-jude-sabio-appeals-nuisance-senate-bet-tag-comelec?fbclid=IwAR3r3IJnjjxq7lYgzhOg4SnHlYv3rZ_FWUTQQT1LWfw2GKLe8cPahxdwD9Y

https://www.npr.org/sections/parallels/2018/05/05/608440198/philippine-lawyer-faces-death-threats-after-filing-case-at-the-hague-against-dut

https://www.rappler.com/nation/196263-jude-sabio-fear-for-life-duterte-icc-probe

https://www.rappler.com/nation/politics/elections/2019/215990-list-newsmakers-who-could-be-declared-as-senatorial-nuisance-bets

http://www.gmanetwork.com/news/news/nation/671716/duterte-do-not-drag-me-to-icc-magwala-ako-roon/story/

http://www.gmanetwork.com/news/news/nation/673689/hrw-wants-independent-probe-over-police-exec-s-claim-cops-hired-as-drug-lords-hitmen/story/

https://www.icc-cpi.int/philippines

https://www.icc-cpi.int/

The Philippines: No winner in ICC-Duterte tussle

June 29, 2018

The International Criminal Court (ICC) prosecutor Fatou Bensouda announced in February the start of a preliminary investigation into a complaint by a Filipino lawyer and two lawmakers which accuse President…

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Following the withdrawal, Mr Duterte threatened to arrest the prosecutor if she conducts an investigation in his country arguing that the Philippines is no longer an ICC member, and therefore, the court…

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https://www.bangkokpost.com/opinion/opinion/1494394/no-winner-in-icc-duterte-tussle

https://www.rappler.com/newsbreak/fact-check/204263-no-decision-yet-international-criminal-court-duterte

http://cnnphilippines.com/news/2018/06/05/ICC-international-criminal-court-supreme-court.html

http://manilastandardtoday.com/news/top-stories/268027/group-bucks-duterte-move-on-icc.html

https://www.sunstar.com.ph/article/1747820/Manila/Local-News/Group-seeks-to-void-ICC-withdrawal

https://jip.ph/philippines-withdrawal-from-icc-faces-new-challenge-at-sc/

https://www.icc-cpi.int/

https://philippinenmagazin.de/2018/06/26/serie-wie-duterte-supporter-die-oeffentlichkeit-mit-falschen-nachrichten-manipulieren-der-internationale-strafgerichtshof/ (DEUTSCH)

Colombia/UK: Colombian human rights lawyer Luis Guillermo Perez visits the UK

May 27, 2018

In April 2018 Colombian human rights lawyer Luis Guillermo Pérez visited Europe in order to submit evidence to the International Criminal Court (ICC) on the killings on human rights defenders in Colombia. 2017, the first full year since the signing of the peace agreement in Colombia, was the deadliest on record for human rights defenders, with 121 killed, compared with 60 killings in 2016. The communication argues that the ICC should open an investigation because the Colombian government is failing to investigate the crimes properly and constitute a crime against humanity. In London Luis Guillermo was able to present the ICC communication to different sectors (including members of the Alliance for lawyers at Risk, FCO officials and parliamentarians) and to raise awareness of the situation for human rights defenders in Colombia.

“Colombia is one of the most dangerous countries for human rights defenders. Violent repression of trade unionists, land rights and environmental activists, community leaders,  lawyers, LGBTI activists, journalists and others who stand up for rights is widespread and systematic.” – ICC Dossier from CAJAR and The ECCHR.

Luis Guillermo Pérez Casas is a lawyer with the Colectivo de Abogados José Alvear Restrepo (CAJAR), based in Bogotá. For over 30 years, the work of CAJAR’s lawyers has resulted in landmark decisions that have improved access to justice for many victims of the country’s long-running conflict. They have faced many serious threats for this work, including the assassination of their founder Eduardo Umaña Mendoza and being publically identified as “military targets” by death squads. PBI has accompanied the collective since 1995; monitoring the security situation of the lawyers and thanks to PBI’s international networks, members of CCAJAR have been able to raise their security concerns in front of a wide range of stakeholders.

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https://peacebrigades.org.uk/news/2018-05-21/colombian-human-rights-lawyer-luis-guillermo-perez-visits-uk

https://www.lrwc.org/colombia-end-violence-against-human-rights-defenders-and-social-leaders-joint-letter/

https://www.theguardian.com/global-development/2018/may/01/2017-deadliest-year-on-record-colombian-human-rights-defenders

https://peacebrigades.org.uk/

https://en.wikipedia.org/wiki/Lu%C3%ADs_Guillermo_Per%C3%A9z

https://www.elespectador.com/noticias/judicial/piden-la-cpi-investigar-crimenes-de-defensores-de-derechos-humanos-articulo-754791 (ESPANOL)

https://www.colectivodeabogados.org/ (ESPANOL)

The Philippines: Lawyer behind ICC communication: I fear I’ll be killed anytime

May 7, 2018

The lawyer who sent an information to the International Criminal Court regarding the Philippines’ bloody war on drugs said that he does not go out often because of his constant fear for his life.

Jude Sabio said he has received numerous death threats since ICC Prosecutor Fatou Bensouda announced in February that her office has started a preliminary examination into President Rodrigo Duterte’s anti-narcotics campaign based on the communications he had filed in April 2017.

“Nowadays I do not go out so much in public places. Specifically, I’m afraid that I’ll be killed at any time. Somebody will be just coming and pump a bullet into my head,” Sabio said in an interview with the National Public Radio, a Washington, DC-based media organization, posted May 5.

Sabio, who is also the legal counsel of self-confessed hitman Edgar Matobato, said he has been living in Manila for more than a year because he would feel more vulnerable should he return to his home in Mindanao.

He noted that he is now being viewed as the “foremost villain in the country” for accusing Duterte and other senior government officials of crimes against humanity but the 51-year-old lawyer has no regrets.

“I’m doing this because this is the right thing to do. And the only way that we can achieve justice against the president is to bring this to the ICC because there is no way that this can be done in the country right now,” Sabio told NPR.

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https://www.philstar.com/headlines/2018/05/07/1812978/lawyer-behind-icc-communication-i-fear-ill-be-killed-anytime

https://www.icc-cpi.int/