Human Rights Concept Stands as Accused with COCOY

The Asian Human Rights Commission urges for the charges against Tulawie to be dropped without delay. Unless this wrong is corrected, not only will an innocent individual have to endure a trial of false charges, but the trial itself will effectively undermine the fundamental principles of human rights. It is the fundamental concepts of human rights, and not only Tulawie, that stands accused in this trial.
www.humanrights.asia

FOR IMMEDIATE RELEASE
AHRC-STM-013-2012
January 18, 2012

A Statement from the Asian Human Rights Commission

PHILIPPINES: The concept of human rights stands accused in trial of Sulu activist

PLEASE READ IN FULL:

 http://www.scoop.co.nz/stories/WO1201/S00311/philippines-the-concept-of-human-rights-stands-accused.htm 

The continued prosecution of human rights activist Temogen "Cocoy" Tulawie, on murder charges based on forced confessions, indicates how human rights are understood in his society of Sulu, and by the public officials ruling it. The case against him questions not only the legality of evidence or the denial of due process, but also reveals a far deeper social and institutional problem unthinkable to many.

The southern island of SULU, where Tulawie lived most of his adult life, was an advanced civilization in pre-colonial Philippines, before torture, extrajudicial killings, rape and massive displacement due to conflict, became a way of life. Sulu had developed trade and diplomatic relations farther than any territories in the archipelago, before the Philippines was even known as a nation-state.
Tragically, what the people in Sulu had achieved in the old days could now only be reminisced in history books, not in the realities of daily life. Sulu has degenerated over the decades due to a deeply entrenched 'gun culture' and 'lawlessness', becoming the complete opposite from its past. In an article Tulawie wrote while in hiding, "Guilty until proven innocent", he grasped the depth of his society's problem: 

"Sulu is possibly the vaguest or most complicated thing one would ever encounter. HR (human rights) workers has to battle against the damaging consequences of governance tailored to suit the vested interests of those in power -- autocracy and anarchy combined. The parasitic nature of both is out there ruining the lives of our common people. The leaders and followers are caught in a corrupted "Lord-and-Slave" mindset where the autocratic Lord sanctions the lawlessness of its followers cultivating a medieval attitude of shamelessness known to any man".
".....In a territory where the value of human lives has become meaningless, it is no surprise that the recording of people’s narratives is perceived to be a meaningless exercise as well. The people's survival is collective and dependent on the strength and influence of those they are attached to. Power struggles and social control is expectedly bloody and deadly. As Tulawie wrote, his society is the "possibly vaguest" and "most complicated" place to do human rights work...."

 

     HUMAN RIGHTS DEFENDERS – PILIPINAS

     #45 Saint Mary Street, Cubao, Quezon City

  Tel. # 437-8054  Email: hrd.pilipinas@gmail.com

 

 

January 20, 2012

Honorable Jose Midas P. Marquez

Court Administrator

Supreme Court of the Philippines

 

Cc:	Atty. Raul Bautista Villanueva Deputy Court Administrator   Supreme Court of the Philippines

Dear Hon. Marquez,

 The Human Rights Defenders-Pilipinas (HRD-Pilipinas) would like to thank and congratulate your good office for the timely communication and instructions dated 17 January 2012 to Executive Judge Pelacio Paguican of Davao Regional Trial Court regarding Criminal Case Nos (07-09) 1648-3 and (07-09) 1649-3 involving the accused Temogen “Cocoy” Tulawie – a human rights defender (HRD).  We also commend your office through your Executive Judges Pelagio S. Paguican and Peter V. Eisma for the speedy implementation of your instructions.  Such initiatives have arrested the possible further violation of rights of a human rights defender whose intent for filing a motion for transfer of trial jurisdiction is solely for justice and impartiality.

 Our local members informed us that Mr. Tulawie is now in Davao City.  As such, he is under the custody of Col. Michael Dubria of the Regional Intelligence Division (R-2) of the Philippine National Police.

 It is our wish that the wheel of justice will now proceed as expected and the accused be given the right to speedy trial.  However, it reached us that, until today, Tulawie’s case folder has not yet been forwarded to RTC Davao.  This is amid the Supreme Court Order dated 13 June 2011 and repeated requests and follow-ups from the family of the accused to the sala of Judge Betlee-lan Barraquias. 

 We are respectfully asking your good office to put a stop to the defiance of RTC Jolo to your Orders.  Such attitude of the good Judge of Jolo is an action unbecoming of a “man of law” and stains the reputation of the Philippine Courts.

 We trust that you will act favourably on this request.  Thank you once again and more power.

 Sincerely,

Dr. Renato G. Mabunga

Chairperson, HRD-Pilipinas

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