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Philippines: Arrest of a prominent Muslim human rights defender from Jolo, Sulu |
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On Political Prisoners
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Wednesday, 18 January 2012 16:49 |
PHILIPPINES: ARREST OF A PROMINENT MUSLIM HUMAN RIGHTS DEFENDER FROM JOLO, SULU
ISSUES:
1. FABRICATION OF CHARGES AND ADMINISTRATION OF JUSTICE
2. DEFIANCE OF THE JUDGE RE: SUPREME COURT’S ORDER TO TRANSFER THE CASE FOLDER TO THE REGIONAL TRIAL COURT OF DAVAO CITY FROM REGIONAL TRIAL COURT OF JOLO, SULU
3. GROSS IGNORANCE OF THE LAW
UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL
Dear Friends,
Task Force Detainees of the Philippines (TFDP), writes to inform you about the updated information regarding the case of Mr. Temogen Sahipa Tulawie, a human rights defender belonging to a Tausug tribe from Jolo, Sulu.
On January 16,2012, Hon. Judge Betlee-Ian Barraquias, Executive and Presiding Judge in Regional Trial Court (RTC), branch 3 in Jolo, Sulu has ordered the transfer of the victim to Jolo, Sulu and wrote the Executive Judge of Davao City, defying the Supreme Court order dated June 13,2011.
Portion of the letter to the Executive Judge of Davao City 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.
Dispositive portion of the order, “ Wherefore, premises considered orders P/Supt. Michael Dubria, Chief Regional Intelligence Division, Police Regional Office 11, Camp Catitipan, Davao City, who is said to have custody of the accused, Temogen “Cocoy” Tulawie or any person who has the accused, Temogen “Cocoy” Tulawie to this Honorable court at the Regional Trial court, Branch 3, Jolo, Sulu, within the period of forty eight hours 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.
Fail not under the penalty of law.
So ordered.
But on January 17,2012, the Office of the Court Administrator, Raul Bautista Villanueva, Deputy Court Administrator, Supreme Court of the Philippines, Manila, sent the order, dispositive portion states;
“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 June 13,2011 of the Third Division of the Supreme Court cannot be implemented.
If action has already been taken by them regarding the same, kindly advise P/Supt. Dobrea to cease in further complying with the Order of Judge Barraquias and any steps taken by them or any jail officer for that matter should no longer be carried out.
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Last Updated on Wednesday, 18 January 2012 16:50 |
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TFDP assails judge for abrupt transfer of Cocoy Tulawie to Jolo, defying Supreme Court order |
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On Political Prisoners
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Wednesday, 18 January 2012 16:44 |
January 18,2012
Press Release
“TFDP ASSAILS JUDGE FOR ABRUPT TRANSFER OF COCOY TULAWIE TO JOLO, DEFYING SUPREME COURT ORDER”
Task Force Detainees of the Philippines (TFDP), assails Judge Betlee-Ian Barraquias in ordering the transfer of Cocoy Tulawie’s detention to Jolo in defiance of the Supreme Court order. It must be recalled that the Supreme Court third division issued a resolution dated 13 June 2011, dispositive portion states, “that continuing with the trial of the subject criminal cases in the RTC of Jolo, Sulu, can lead to miscarriage of justice”. The court was ordered to transfer the entire records of the case to the Regional Trial Court in Davao City.
The Judge’s action and whimsical is open defiance of the Supreme Court. He should be held accountable and should be charged with conduct unbecoming and for gross ignorance of the law. Cocoy Tulawie’s case only demonstrated how the Judiciary and Executive conspire with each other.
Cocoy Tulawie’s case is not a common crime. He is a human rights defender, who fought for human rights and freedom for the people of Sulu. He has remained committed in his conviction for human rights and democracy amongst the people whose human rights have been violated.
The United Nation recognizes the works of human rights defenders just like Cocoy Tulawie and being a member, the state and it’s agents should uphold the United Nation’s Declaration on Human Rights Defenders. His case must be heard impartially and he should be afforded with due process.
TFDP is calling on the Supreme Court to immediately intervene and investigate the action taken by Judge Barraquias and if found guilty he should be sanctioned in accordance with the law.
RITA M. MELECIO
Deputy Executive Director
Task Force Detainees of the Philippines
# 45 St. Mary St., Cubao, Quezon City
Contact: 09497215341
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Last Updated on Wednesday, 18 January 2012 16:49 |
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TFDP calls for fair, impartial and speedy disposition of Mr. Tulawie’s case |
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Other campaigns
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Monday, 16 January 2012 10:32 |
January 16,2012
“TFDP CALLS FOR FAIR, IMPARTIAL AND SPEEDY DISPOSITION OF MR. TULAWIE’S CASE”
Task Force Detainees of the Philippines (TFDP), is calling for fair, impartial and speedy disposition of the case of Mr. Temogen “Cocoy” Tulawie. He was arrested on January 13,2012 at 11:45 in the evening by combined elements of Military Intelligence Group (MIG), Region 9, Special Action Force (SAF)and Police Intelligence (R2), in Catalunan Grande, Davao City.
TFDP, supports Mr. Tulawie in his quest for justice not only for himself but for all the people of Sulu province whose rights were violated. Being a human rights defender, it is his conviction to both God and the people to act against the human rights violations that endanger his life and that of his family.
Mr. Tulawie has an impressive record in human rights defense and promotion. He is the former provincial chairperson of the Consortium of Bangsamoro Civil Society (CBCS), a coalition of Bangsamoro civil society organizations (CSOs) within the province of Sulu. His works involves monitoring and documentation of cases of human rights violations affecting Muslim communities in the Autonomous Region in Muslim Mindanao (ARMM), especially in the province of Sulu.
The United Nations Declaration on Human Rights Defenders, adopted in 1998, enumerated some rights and protection accorded to human rights defenders, among others; to seek the protection and realization of human rights at the national and international level and to make complaints about official policies and acts relating to human rights and to have such complaints reviewed.
Under this declaration, the state is bound with the duties to protect, promote and implement human rights and to provide an effective remedy for persons who claim to have been victims of human rights violations.
With these safeguards, TFDP is certain that Mr. Tulawie will be afforded with impartiality by the Department of Justice (DOJ) and the court will hear his case without prejudice considering that his private complainant is a prominent Governor of Sulu.
Uphold his integrity as a human rights defender!
RITA M. MELECIO
Deputy Executive Director
Task Force Detainees of the Philippines
Cell: 09497215341
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Last Updated on Monday, 16 January 2012 10:40 |
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