Activists are fighting back against harassment from state forces, by using a remedy from the Supreme Court.
Activists hold a picket at the Supreme Court while their colleagues file a petition for a Temporary Protection Order (TPO) (Photo courtesy of Buhay Manggagawa)
Ten progressive activists from health, labor, migrant workers and youth groups filed a petition for a writ of amparo before the Supreme Court, seeking protection from the harassments, threats and surveillance perpetrated against them by suspected military agents.
In their petition filed on Sept. 3, activists asked the
court to issue a Temporary Protection Order (TPO) not just for them, but also
their families. They also asked the Supreme Court to issue a writ of habeas
data, which would compel the respondents to divulge, and destroy all
information they gathered which may be used against the respondents.
The petitioners are leaders and organizers of members and
affiliate organizations of the Bagong Alyansang Makabayan (Bayan), namely, the
Health Alliance for Democracy (HEAD), Kilusang Mayo Uno (KMU), National Union
of Students of the Philippines (NUSP), and Migrante International.
Named respondents were President Aquino, Defense Secretary
Voltaire Gazmin, Armed Forces of the Philippines (AFP) Chief of Staff Hernando
Iriberri, AFP deputy commander for intelligence Maj. Gen. Virgilio Hernandez,
Intelligence Service of the Armed Forces of the Philippines
For the past months, progressives have assailed the
harassment, threats, and surveillance, which intensified this year. In their
petition, activists said respondents and their agents violated their rights to
life, liberty and security.
The Writ of Amparo is a legal remedy for the protection of
victims of human rights violations, including threats. This goes hand-in-hand
with the writ of habeas data that may be sought for a person to release and
even destroy personal information being held that threatens one’s life and
security and violates the right to privacy.
Harassment of Aquino’s
vocal critics
“In the instant case, the pattern is clear: Petitioners are
harassed not for their individual actions, but for being members of militant
organizations which are known to be vocal critics of the Aquino
administration,” the petition read.
Petitioners observed a “pattern,” in which suspected state
agents make threats through text messages, brand them as members of the
underground movement and then urge them to “cooperate” with the military in
“ambiguous” ways.
The progressives detailed the harassments by men suspected
to be state security forces. In these harassments, even medical practitioners
who are members of the Health Alliance for Democracy (HEAD) were not spared.
Last June, Dr.
Darby Santiago, HEAD chairperson, received threats via text
message. One read, “Isang bala ka lang. Ingat ka
doc.”
Other text messages called Santiago
“a doctor of the Communist Party of the Philippines
and the New People’s Army in Northern Luzon .”
Imelda Gerali, of the Samahang Operasyong Sagip Inc. and
also a member of HEAD, reported being hounded by suspected intelligence
officers, who would wait for her at their office gate, and throw dagger looks
at her.
Harassment of activists at
homes, offices and public vehicles
The petitioners listed incidents of harassment at their
offices and homes, and even in public vehicles. Suspected state agents would
approach the activists in the guise of “offering help,” in exchange for
quitting their work in their organization. The offer also came with a threat if
they carry on with their activism.
Rebecca Abelong, a member of the Kilusang Mayo Uno national
council, was approached by men who introduced themselves as members of
“Guardian,” and asked information about her in their village office. The incident
happened right after she attended a protest in front of the Chinese Embassy on
July 7.
Another labor rights activist, Neil Ambion, KMU media
liason, said two men who identified themselves as members of the National
Bureau of Investigation blocked his way as he was going up the stairs to a
train station. The two men attempted to force him to come with them to talk
about his “security,” but eventually left when fellow passengers started to
take notice.
Another KMU
member Renato Asa, the labor group’s Public Information
Department secretary, noticed a man sitting outside his house. Wary of the
harassments against fellow activists, he asked the man if he is a soldier. The
man admitted he is a soldier and offered “help” to Asa. He handed him a piece
of paper with a cellphone number.
Two men who also introduced themselves as soldiers harassed
Loreto Victoriano, an education and research staff of KMU.
It was also a soldier who harassed Josephine Carlos Betana,
a member of Migrante International in Bagong Silang, Caloocan
In February this year, a man attempted to enter the KMU
office, claiming that he needed to hand a solicitation letter from village
officials. KMU staff Maritess Garte verified from village officials that they
were not asking for donations.
Suspected military agents also knocked on Kabataan
Partylist’s office, looking for a certain “Ka Tonyo.”
In April, Garte experienced harassment from a man sporting a
military hair cut while riding a jeepney.
Elaborate
information-gathering, surveillance
It was a more elaborate case for youth activist Lovely
Carbon, National Union of Students of the Philippines Quezon City
One of her first assignment was to write a report on
President Aquino’s State of the Nation Address (SONA). But when she submitted
her report, she was asked to write more on the “planning part” and the
“preparation” being made by protesters for the SONA. She was also tasked to
write a report on the plans of the International League of Peoples’ Struggles
(ILPS) on the upcoming APEC summit in the country.
Later, Carbon learned through a fellow youth activist that
Velasco and GMRC were involved in gathering information from student activists
at the Polytechnic University of the Philippines
Jessica Ferrera, the current student regent in PUP, also
experienced harassment when her father was told by a man that he would help to
have him hospitalized “if your daughter would help us.”
Petitioners said the pattern in these cases show that “their
lives, security and liberty are under threat,” and that these were carried out
under the government’s counterinsurgency plan, Oplan Bayanihan.
http://bulatlat.com/main/2015/09/05/progressives-seek-writ-of-amparo-habeas-data-over-harassment-cases/
All of the groups mentioned above are CPP fronts. CPP front group activists seek to use the legal system to intimidate as well as discredit state security forces.
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