Press Release: Dismissal of the case filed against Mr. Bacalso and Mr. Fortaleza for their peaceful protest

The Observatory has just beeninformed that in a decision dated October 27, 2014, Branch 67 of the RegionalTrial Court of Pasig City dismissed the judicial case against Mr. Edcil Bacalso, member of NAGKAISA, acoalition of labour groups, and Mr. Wilson Fortaleza, member of the Partido ng Manggagawa (WorkersParty), by dropping all the charges against them. In a landmark decision, thejudges recognised the fundamental democratic role of freedom of assembly andexpression and argued that “the right to peacefully assemble and petition forredress of grievances is, together with freedom of speech, of expression and ofthe press, a right that enjoys primacy in the realm of constitutionalprotection” and “constitute the very basis of a functional democratic polity,without which all the other rights would be meaningless and unprotected”[1].AsiaPro Cooperative has however submitted a motion for reconsideration for allcharges they had filed against Mr. Bacalso and Mr. Fortaleza.

On September 2, 2014 the Observatorystrongly condemned the judicial harassment of Mr. Edcil Bacalso and Mr. WilsonFortaleza, and called on the Philippines authorities to drop the case andcharges against them, as they seemed to be only aimed at obstructing theirhuman rights activities and at weakening their campaign against theexploitation of workers[2].

On April 25, 2014, Messrs. Bacalsoand Fortaleza had taken part in a peaceful rally along with other 200 workersagainst AsiaPro Cooperative, a company that supplies contract workers toseveral large corporations, for violating the labour rights of its members andemployees, including through the non-payment of wages and other mandatorybenefits such as social security allowances. In March 2014, the Supreme Courthad ruled that AsiaPro must comply with core labour standards and otherlabour-related laws, but the organisation continued its illicit activities.

On July 14, 2014, Mr. Bacalso andMr. Fortaleza were both charged with defamation, illegal assembly, alarm andscandal in connection with the April-25 protest. The case was filed againstthem by officials of the AsiaPro Cooperative, who accused them of distributingdefamatory materials to the public, of obstructing the flow of traffic andblocking the pedestrians and, finally, of disturbing the public affairs withthe loud speaker system used in the protest.

The Observatory expresses its hopethat the decision of the Regional Trial Court will represent an important steptowards strengthening the protection of human rights defenders’ right topeaceful assembly and demonstration in the Philippines and that this decisionwill be confirmed when the Court decides on the new motion filed by AsiaProCooperative .

For more information, pleasecontact:

· FIDH: Audrey Couprie/Arthur Manet: + 33 (0) 1 43 5525 18

· OMCT: Miguel Martín Zumalacárregui: + 41 (0) 22 809 4924

[1] Regional Trial Court, branch 67, Resolution Civil Case 74422, p.6.

[2] See Observatory’s Urgent Appeal PHL 004 / 0914 / OBS 074 of September 2,2014.