Ongoing judicial harassment and arbitrary detention of Mr. Temogen Sahipa “Cocoy” Tulawie

New information

PHL 001 / 0112 / OBS 007.1

Arbitrary detention / Judicial harassment

Philippines

March25, 2013

TheObservatory for the Protection of Human Rights Defenders, a joint programme ofthe World Organisation Against Torture (OMCT) and the International Federationfor Human Rights (FIDH), has received new information and requests your urgentintervention on the following situation in ThePhilippines.

New information:

The Observatory has been informed by the Philippine Alliance of HumanRights Advocates (PAHRA) about the ongoing judicial harassment and arbitrarydetention of Mr. Temogen Sahipa “Cocoy”Tulawie, former Provincial Chairperson of the Consortium ofBangsamoro Civil Society (CBCS) in Mindanao, province of Sulu. His workinvolves the monitoring and documentation of human rights violation casesaffecting Muslim communities in the Autonomous Region of Muslim Mindanao,especially in the province of Sulu.

According to theinformation, on March 4 and 6, 2013, the hearing ofthe motion for bail filed by Mr. Temogen “Cocoy” Tulawie took place at theRegional Trial Court (RTC), Branch 19 of Manila. Mr. Tulawie is detainedin suspicion of participating in the March 13, 2009terrorist bombing, which led to the wounding of twelve persons,including Governor Abdusakur Tan of the province of Sulu. Mr. Tulawiehas consistently denied any involvement in the bombing (Seebackground information). During the hearing,the Prosecutor presented a total of seven witnesses, five from the military andthe police and two self-confessed conspirators of the March 13, 2009 bombing,Messrs. Sali Said and Mujibar “Bong” Alih Amon. Both witnesses, thoughthey confessed conspiring to the bombing, were not included as accused nor werethey mentioned as witnesses on the charge sheet against Mr. Tulawie.

Thepolice and military testimonies made no mention of Mr. Tulawie’s involvement inthe incident but just described the incident and the destructions as a resultof the bombing. The witness Sali Said admitted that he was one of those whoconspired in the planning and execution of the March 13, 2009 bombing as wellas in other criminal activities such as the kidnapping of a well-known networkpersonality in 2008. He also admitted that he was an active member of the AbuSayyaf Group (ASG). Yet, he was released from prison last February 15, 2013,two weeks before the bail hearing of the Tulawie case. Mr. Mujibar “Bong” AlihAmon, who is currently in detention on suspicion of being a member of the ASGinvolved in the beheading of Almeda/Jehovah witnesses members, testified thatMr. Tulawie would have hired him for another plot to assassinate Governor Tan. Yet,though he said he had lived for years with the Tulawie family, he failed torespond to many questions on his job and Tulawie's family.

After the testimonies of the witnesses, the Defence counsel motioned thatthe Public Prosecutor should include Sali Said as accused in the Tulawie casebecause of his admission of involvement in the bombing. The Prosecutor saidthat there should be a complaint in which the Judge said that it should be motuproprio on their part. But the former is still adamant, thus Judge asked theCounsel to formalize the motion.

Thebail hearing for Mr. Tulawie was concluded on March 6. The Judge will issue herdecision on or before June 19, 2013, the scheduled next hearing in the case.For the meantime, Mr. Tulawie will remain in Davao city jail.

TheObservatory strongly condemns the continued arbitrary detention and judicialharassment of Mr. Tulawie, and calls on the Philippines authorities toimmediately and unconditionally drop the charges brought against him, as theirintended goal seems to be the sanctioning of and obstructing to his humanrights activities. The Observatory also urges the authorities to guarantee inall circumstances his physical and psychological integrity, as threats werereportedly made against his security and life.

Furthermore, the Observatory is concerned that on February 28, 2013, a newsreport in the national tabloid People'sTonight[1] stated that thePalace (Office of the President) might interfere into the Tulawie trial. Thearticle mentioned in particular that the Commission on Human Rights (CHR)Chairperson Etta Rosales “openly aired her support for Tulawie’s innocence”. Italso stated that “it is well known that influential civil society groups andNGOs, adept with tactics of information and agitation but without the benefitof formal trials and fair deliberations, often campaign for their membersthrough various government channels, including the Office of the President”.CBCS and the Free Cocoy Tulawie Movement were specifically mentioned.

OnMarch 4, a picket of Muslim youths, who regularly gathered during courthearings in the Tulawie case, referred to the news clipping.

Backgroundinformation:

Mr. Tulawie is facing charges of “multiple frustratedmurder” and “attempted murder” at the Regional Court of Jolo, Sulu, filed onJuly 22, 2009 (criminal case no. (07-09)1648-3 and criminal case no. (07-09) 1649-3) against him and four others[2].The charges relate to a bombing incident that happened in the municipality ofPatikul, Sulu, on May 13, 2009. The evidence and warrant of arrest against himwas based on forced confessions of two of the accused, which they laterrecanted.

Mr. Tulawie wasinitially forced to hide due to fears that he would not be accorded a fairtrial.

On June 13, 2011, the SupremeCourt granted the motion he filed for transfer of venue to the RTC of DavaoCity. He argued that there were reasons to believe that he would not beafforded with impartiality if his case was to be tried in the RTC of Jolo. Inits decision, the Supreme Court considered that “there is an indication ofactual and imminent threat to the life of the petitioner and his family, aswell as his witnesses” and that “there is reason to believe that continuingwith the trial of the subject criminal cases in the RTC, Jolo, Sulu can lead toa miscarriage of justice”.

On January 13, 2012, atabout 11:45 pm, Mr. Tulawie was arrested at his rented house in Davao City bycombined elements of Military Intelligence Group (MIG) from Region 9, membersof Special Action Force (SAF) and members of Police Regional Intelligence Groupfrom Region 11 based in Davao City. He was then taken to Talomo police stationfor police blotter and to Davao Regional Hospital for medical check-up, beforebeing taken to Camp Catitipan, Davao City, at the office of the Intelligencedivision for proper documentation. He was subsequently brought to Davao CityPolice Office in Camp Domingo Leonor, Davao City.

On January 16, 2012, Mr. Tulawie was presented to the RTC of Davao City,where a letter from the Executive and Presiding Judge of Jolo, Sulu RTC Branch3, to the Executive Judge of Davao City was read, ordering the transfer of Mr.Tulawie back to Jolo within 48 hours, in contravention to the Supreme CourtOrder dated June 13, 2011 and granting the motion he filed for transfer ofvenue to the RTC of Davao City.

On January 17, 2012 in the afternoon, Mr. Tulawie was flown to ZamboangaCity and detained at the Criminal Investigation and Detection Group(CIDG)-Region 9. On the same day, the Office of the Court Administrator(Supreme Court) sent an order for immediate action stating that “said order ofJudge Barraquias is contrary to the Resolution dated June 13, 2011 issued bythe Third Division of the Supreme Court wherein the transfer of venue ofCriminal 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 aboveResolution had already been acted upon and this has apparently been denied.Thus, with more reason that Judge Barraquias has no authority to issue hissupposed order. As such, you are hereby directed to inform the police or jailcustodians of Mr. Tulawie that any order contrary to the Resolution dated 13June 2011 of the Third Division of the Supreme Court cannot be implemented”.

In August 2012, the case was orderedfor transfer from Davao to Manila, Branch 19, upon the motion of Governor Tan. Mr. Tulawie appealed against the transfer of case andincarceration in Manila because of alleged plot of assassination if he istransferred to Manila. Yet the appeal was denied by the Supreme Court.

Actionsrequested:

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

i. Guarantee in all circumstances the physical andpsychological integrity of Mr. Temogen Sahipa "Cocoy" Tulawie as wellas of all human rights defenders in The Philippines;

ii. Release Mr. Temogen Sahipa"Cocoy" Tulawie immediately and unconditionally since his detentionis arbitrary as it seems to only aim at sanctioning his human rightsactivities;

iii.Put anend to all acts of harassment, including at the judicial level, against Mr.Temogen Sahipa "Cocoy" Tulawie as well as against all human rightsdefenders in the Philippines, and ensure in all circumstances that they areable to carry out their work without any hindrance and fear ofreprisals;

iv. Comply with all theprovisions of the Declaration on Human Rights Defenders, adopted on December 9,1998 by the United Nations General Assembly, in particular:

- Article 1, which states that “everyone has theright, individually or in association with others, to promote the protectionand realization of human rights and fundamental freedoms at the national andinternational levels”,

- Article 6.a, which states that "everyone hasthe right individually and in association with others to know, seek, obtain,receive and hold information about all human rights and fundamental freedoms,including having access to information as to how those rights and freedoms aregiven effect in domestic legislative, judicial or administrative systems",

- Article 12.1, which foresees that “everyone has theright, individually and in association with others, to participate in peacefulactivities against violations of human rights and fundamental freedoms”,

- Article 12.2, which provides that “the State shalltake all necessary measures to ensure the protection by the competentauthorities of everyone, individually and in association with others, againstany violence, threats, retaliation, de facto or de jure adverse discrimination,pressure or any other arbitrary action as a consequence of his or herlegitimate exercise of the rights referred to in the present Declaration”.

v. Ensure in all circumstances respect for human rights and fundamentalfreedoms in accordance with international human rights standards andinternational instruments ratified by The Philippines.

Addresses:

• H.E.Benigno S. Aquino III, President of the Republic of the Philippines, NewExecutive Building, Malacañang Palace, JP Laurel St., San Miguel, Manila 1005,Philippines. Fax: +63 2 736 1010
 / +63 2 742-1641 / 929-3968 Email: corres@op.gov.ph / opnet@ops.gov.ph / op@president.gov.ph
• Hon. Leila M. De Lima, Secretary, Department of Justice (DOJ), Padre FauraStreet Ermita, Manila, 1000 Philippines Fax: +63 2 523 9548
/ +63 2 521-1614 Email: lmdelima@doj.gov.ph / doj.delima@gmail.com / soj@doj.gov.ph

• ChairpersonLoretta Ann P. Rosales, Commission on Human Rights (CHR), SAAC Bldg.,Commonwealth Avenue, U.P. Complex, Diliman, Quezon City. Philippines Fax: +632929 0102 Email: chair.rosales.chr@gmail.com

• PoliceDirector Alan Purisima, Chief, Philippine National Police, Camp General RafaelCrame, Quezon City, Philippines. Fax: +63 2 724 8763 / +63 2 723 0401. Email: feedback@pnp.gov.ph
• Lt. General Emmanuel Bautista, Chief ofStaff, Armed Forces of the Philippines (AFP), AFP-GHQ office, Camp GeneralEmilio Aguinaldo, Quezon City, Philippines. Fax: +63 2 9116436
• Hon. Emilio Gonzalez, Deputy Ombusdman, Office of the Deputy Ombudsman forthe Military and other Law Enforcement Offices, 3rd Flr., Ombudsman Bldg.,Agham Road, Diliman, 1004 Quezon City Philippines. Fax: +63 2 926 8747

• Hon.Manuel Roxas, II, Secretary, Department of Interior & Local Government(DILG) A. Francisco Gold Condominium II, Edsa corner, Mapagmahal St.,Diliman, Quezon City. Email: mar@marroxas.com;marroxas@dilg.gov.ph. Fax: + 63 2 925 0332

• J/CSUPT Diony Dacanay Mamaril, Cese, Officer-in-Charge, Bureau of Jail managementand Penology, 144 Mindanao Avenue, Project 8, Quezon City, Philippines 1106,Email: mailto:itu@bjmp.gov.ph

• H.E.Mr. Evan P. Garcia, Ambassador, Permanent Mission of the Philippines to theUnited Nations in Geneva, 47 Avenue Blanc, 1202 Geneva, Switzerland, Fax: +4122 716 19 32, Email: geneva.pm@dfa.gov.ph

• Embassyof the Philippines in Brussels, 297 Avenue Moliere, 1050 Brussels, Belgium,Fax: +32 2 345 64 25.

Please also write to the diplomatic mission or embassy of ThePhilippines in your respective country.

***
Geneva-Paris, March 25, 2013

Kindly inform us of any action undertaken quoting the code of this appeal inyour reply.

The Observatory, a OMCT and FIDH venture, is dedicated to the protection ofHuman Rights Defenders and aims to offer them concrete support in their time ofneed.

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

[1]http://www.journal.com.ph/index.php/news/national/45695-palace-intervention-feared-as-tulawie-trial-begins

[2] As of today, one (Muammar Askali)is still at large, one (Sulayman MohammadMuin) was killed in detention forallegedly trying to escape, and the remaining two (Juhan Albani Alihuddinand Abner Salahi Tahil) aredetained in Metro Manila, in separate jails.