Thursday, December 17, 2015

Ex-Sulu governor ordered to answer complaints filed by human rights activist

From the Philippine News Agency (Dec 17): Ex-Sulu governor ordered to answer complaints filed by human rights activist

The Office of the Ombudsman-Mindanao has ordered Sulu Vice Governor Abdulsakur Tan to answer the criminal and administrative charges filed against him by a human rights activist over his declaration of a state of emergency when he was still governor in 2009.

Tan was given 10 days to file his counter affidavit to the criminal complaints for usurpation of authority as defined in Article 177 of the Revised Penal Code, and administrative complaints for oppression, tyranny, and grave misconduct filed against him by Sulu-based human rights activist Temogen Tulawie.

The Ombudsman's order dated November 24 was delivered to Jolo on December 10.

In the complaint, Tulawie, who chairs the Bawbug Advocates for Peace and Human Rights, accused Tan of violating the Constitution and committing grave misconduct and usurpation of authority under the Revised Penal Code and the Code of Conduct for government employees and officials.

According to Tulawie, the declaration of state of emergency resulted in the conduct of a series of warrantless arrests. Tulawie also noted reports of human rights violations when Tan declared a state of emergency on March 9, 2009 when he was still governor.

Tulawie also said that the “proclamation caused untold sufferings and caused deep anxiety to the people of Sulu and violated their constitutional rights against search and seizure.”

Tan then formed the Civilian Emergency Force (CEF) and used the 4,700 members to help in the crackdown on the Abu Sayyaf Group. The operations of the CEF were allegedly funded using government money.

On April 16, 2009, Tulawie was among the three persons who questioned the legality of Tan’s declaration. The Supreme Court on July 3, 2012, ordered the provincial government of Sulu to lift the declaration on grounds that Tan was not authorized to issue the order.

The Supreme Court stated that it is only the President who can order a state of emergency.

http://www.pna.gov.ph/index.php?idn=2&sid=&nid=2&rid=839205

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