MILF: Tulawie’s request for Davao detention not heeded

Posted to the MILF Website (Jan 22): Tulawie’s request for Davao detention not heeded

Temogen "Cocoy" Tulawie, a human rights activist who was accused to be behind a bombing incident in Sulu in 2009, requested that the court transfer him to Davao City had been denied anew, despite presenting enough evidence that his transfer is very reasonable and humane. His family believed that the life of Tulawie is "imminently in danger" if he will be transferred to Manila. They said his transfer in Manila will endanger his life since as he could be "mixed with prisoners with whom the private complainant has influence."
Branch 19 of the Regional Trial Court (RTC) Manila has upheld its recent order issued in October last year transferring the trial of Tulawie's case in Manila for various reasons. Lawyer May Ann Arnado of the Mindanao People Caucus (MPC) and one of the legal counsels of Tulawie in Davao City said they are hopeful that the court this time will hear their side and allow Tulawie to be detained in Davao City Jail.

One of the main complainants against Tulawie is Sulu Governor Abdusakur Tan, who was the one who requested the Supreme Court (SC) to transfer the case trial venue from Davao City to Manila. Tan cited several reasons for his motion to transfer the trial venue, which was granted by SC in October of last year, one of these reasons is that Davao City is not a neutral place to try Tulawie since various human rights activists are very active in the city and this might affect the case.

Arnado said they wanted Tulawie to be detained in Davao City while the case is being heard in Manila primarily for security reasons since Tulawie's family received direct threats. Tulawie, he said, is also not safe once he will be permanently detailed in Manila.

The first hearing for Tulawie's case is set on January 25, just a few days away but the court is yet to decide on their pending motion. "We are exhausting all the available remedy to be able to secure him (Tulawie) and protect his safety," Arnado was quoted as telling the press.

In the meantime, pending the decision from the court for the defense's motion to detain Tulawie in Davao City, Arnado said they will coordinate with various groups and with the Commission on Human Rights (CHR) for the safe transfer of Tulawie to Manila for his first trial.

For Tulawie's trial in Manila, several progressive lawyers have already signified to volunteer to be part of Tulawie's legal team Manila. "This is a sensitive case and we already had enough threats that is why we cannot put his safety in jeopardy," Arnado said.

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