Arbitrary arrest, ill-treatment, and subsequent deportation of Mr. Jerome Succor Aba

Release / Obstacles to freedoms of

movement and assembly

USA

April 26, 2018

The Observatory for the Protection ofHuman Rights Defenders, a partnership of the World Organisation Against Torture(OMCT) and FIDH, requests your urgent intervention in the following situationin the United States of America (USA).

Brief description of the information:

The Observatoryhas been informed by the Alliancefor the Advancement of People’s Rights (Karapatan) about the arbitrary arrest, ill-treatment,and subsequent deportation of Mr. Jerome Succor Aba, Chairperson of the human rights organisation Suara Bangsamoro,Co-Chairperson of the Sanduogu Movement of Moro and Indigenous Peoples forSelf-Determination, and peace activist, upon hisarrival in the USA.

According to the information received, on April 17, 2018, at around 8 pm,Mr. Jerome Succor Aba wasarrested by US Department of Homeland Security and US Customs and BorderProtection officials upon his arrival at San Francisco International Airport.Mr. Aba had travelled to the USAto participate as a resource speaker in the 2018 Ecumenical Advocacy Days and theStop the Killings Speaking Tour in Washington D.C., arranged by the HumanRights Office of the Global Ministries of the UnitedMethodist Church and the US chapter of the International Coalition on HumanRights in the Philippines (ICHRP). Mr. Aba had been granted a ten-year multipleentry visa by the US Embassy in Manila on March 27, 2018, prior to travellingto the USA. He was notably expected to join various activities in the US to discuss the humanrights situation and martial law in Mindanao, Southern Philippines, under theadministration of President Rodrigo Duterte.

Immediately after being arrested, Mr. Aba was taken from the immigration desk to the Homeland Security office forinterrogation, where he underwent a thorough body search, was forced to stripnaked, had all his belongings confiscated, and was handcuffed.

Throughout the interrogation, officials accused him of being a“terrorist” and a “communist”. He was not read his Miranda rights until the endof his interrogation, and his right to remain silent was omitted. Despite his repeatedrequests, he was denied access to a lawyer. Human rights organisationsprotesting outside the airport also insisted on gaining access to him, but werenot allowed to speak to him. Following his interrogation, he was forced to signseveral blank documents and give a statement on camera stating that he had not beentortured by the authorities, under the impression that it would make hisrelease possible.

At no time during his detention was Mr. Aba granted access to alawyer, nor was he given a clear reason for his detention or denial of entry inthe USA. It was only towards the end of this detention that he was able tospeak with the Philippine Consulate over the phone.

At 12:30 am on April 19, 2018, Mr. Aba was put on a plane back to thePhilippines. Once the plane landed in Manila, the cabin crew handed Mr. Aba hiscell phone together with his flight ticket fromManila to Davao.

The Observatory stronglycondemns the ill-treatment, arbitrary detention, and subsequent deportation of Mr.Jerome Succor Aba, and calls upon the US authorities to guarantee in allcircumstances the right to freedom of movement, peaceful assembly, andassociation of all human rights defenders in the USA.

The Observatory further urges theGovernment of the Philippines to ensurethat Mr.Jerome Succor Aba will not be subjectedto further acts of harassment in the Philippines.

Actions requested:

Please write tothe authorities in the United States of America urging them to:

i. Guarantee, in all circumstances, the physicaland psychological integrity of Mr. Jerome Succor Aba as well asof all human rights defenders in the USA;

ii. Guarantee inall circumstances the freedoms of movement, peaceful assembly and association of Mr. Jerome Succor Aba, aswell as ofall human rights defenders in the USA;

iii. Put an end to any kind of harassment against Mr. Jerome Succor Aba, as well asof all human rights defenders in the USA, especiallythrough the use of immigration laws, and ensure in all circumstances that theyare able to carry out their legitimate activities without any hindrance andfear of reprisals;

iv.Conduct a prompt, independent, and thorough investigation into theabove-mentioned events, in orderto identify all those responsible, bring them before an independent tribunal,and sanction them as provided by the law;

v. Conform with the provisions of the UN Declarationon Human Rights, and the UN Declaration on Human Rights Defenders, adopted bythe General Assembly of the United Nations on December 9, 1998, and inparticular to Articles 1, 5, 12.1 and 12.2;

vi. Ensure in all circumstances respect for humanrights and fundamental freedoms in accordance with international human rightsstandards and international instruments ratified by the USA.

Please write tothe authorities in the Philippines, urging them to:

i. Guarantee, in all circumstances, the physical andpsychological integrity of Mr. Jerome Succor Aba, aswell as of all human rights defenders in the Philippines;

ii. Refrain from any acts of harassment against Mr. Jerome Succor Aba, as well as all human rights defenders in the Philippines, and ensurein all circumstances that they are able to carry out their legitimateactivities without any hindrance and fear of reprisals;

iii. Conform with the provisions of the UN Declarationon Human Rights Defenders, adopted by the General Assembly of the UnitedNations on December 9, 1998, especially its Articles 1 and 12.2;

iv. Ensure in all circumstances respect for humanrights and fundamental freedoms in accordance with international human rightsstandards and international instruments ratified by the Philippines.

Addresses

Authorities in the UnitedStates of America:

· H.E. Donald Trump, Presidentof the United States of America, Email: https://www.whitehouse.gov/contact, Twitter: @realDonaldTrump

· H.E. John Sullivan, ActingSecretary of State of the USA, Email: https://register.state.gov/contactus/,Twitter: @StateDept

· Ms. Kirstjen M. Nielsen,Secretary, Department of Homeland Security of the USA, Email: DHSSecretary@hq.dhs.gov,Twitter: @DHSgov

· Mr. Kevin K. McAleenan,Commissioner of U.S. Customs and Border Protection, Email: https://help.cbp.gov/app/ask,Twitter: @CBP_McAleenan

· H.E. Sung Y. Kim, Ambassador,Embassy of the United States of America to the Philippines, Fax: (+623)301-2017, Email: ACSInfoManila@state.gov, Twitter:@USAmbManila

· Mr. Matthew Lussenhop, Deputy Chief ofMission, USEmbassy in Brussels, Fax: +32 2 811-4500, Twitter: @usembbrussels

· Mr. Theodore. Allegra, Deputy Permanent Representative,Permanent Mission of the United States of America to the United Nations Officein Geneva,
Fax: +41 22 749 48 80, Email: GenevaUSmission@state.gov

Authorities in the Philippines:

· H.E. Rodrigo Duterte, President of theRepublic of the Philippines, Fax: (+632) 742-1641 / 929-3968, E-mail:op@president.gov.ph or send message through http://president.gov.ph/contact-us/

· Mr. Alan Peter Cayetano, Secretary,Department of Foreign Affairs of the Philippines, Email: osec@dfa.gov.ph, Twitter: @alanpcayetano

· Hon. Menardo Guevarra, Secretary,Department of Justice of the Philippines, Fax: (+632) 521-1614, Email:communications@doj.gov.ph

· Hon. Jose Luis Martin Gascon, Chairperson,Commission on Human Rights of the Philippines, Fax: (+632) 929 0102, Email:chairgascon.chr@gmail.com

· H.E. Mr. Evan P. Garcia, Ambassador,Permanent Mission of the Philippines to the United Nations Office in Geneva,Switzerland, Fax: +41 22 716 19 32 Email: mission@genevapm.ph

· Embassy of the Philippines in Brussels,Belgium, Fax: (+32) 02 345 64 25, E-mail: brusselspe@gmail.com

Pleasealso write to the diplomatic mission or embassy of the United States of Americaand the Philippines located in your country.

***

Geneva-Paris, April 26, 2018

Kindly inform us of any action undertakenquoting the code of this appeal in your reply.

The Observatory for the Protection of Human Rights Defenders (theObservatory) was created in 1997 by the World Organisation Against Torture(OMCT) and FIDH. The objective of this programme is to prevent or remedysituations of repression against human rights defenders. OMCT and FIDH are bothmembers of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented byinternational civil society.

To contact the Observatory,call the emergency line:

• E-mail:Appeals@fidh-omct.org

• Tel and fax OMCT + 41(0) 22 809 49 39 / + 41 22 809 49 29

• Tel and fax FIDH: +33 (0) 1 43 55 25 18 / +33 1 43 55 18 80