by Echo Park Community Coalition
Wednesday, Jul. 21, 2010 at 5:31 AM
epccla02@yahoo.com 818-749-0272 337 Glendale Blvd. Los Angeles, Ca 90026
The EPCC NEWS learned that the lawyers of Filipino women who claimed to have been made sex slaves by the Japanese Imperial Army during World War II have accused the Supreme Court of plagiarism in dismissing demands for compensation and apology from Japan.
Harry Roque and Romel Bagares said the decision in Vinuya vs Executive Secretary lifted without attribution articles from the Yale Law Journal and the Western Reserve Journal of International Law and a portion of a book by the Cambridge University Press.
EPCC NEWS
July 20, 2010
COMFORT WOMEN CHARGES PHILIPPINE SUPREME COURT PLAGIARIZED DECiSION
Los Angeles-- The EPCC NEWS learned that the lawyers of Filipino women who claimed to have been made sex slaves by the Japanese Imperial Army during World War II have accused the Supreme Court of plagiarism in dismissing demands for compensation and apology from Japan.
Harry Roque and Romel Bagares said the decision in Vinuya vs Executive Secretary lifted without attribution articles from the Yale Law Journal and the Western Reserve Journal of International Law and a portion of a book by the Cambridge University Press.
Case of Plagiarism
In a supplemental motion for reconsideration, the lawyers said it was “highly improper” for the court in its April 28 ruling “to plagiarize at least three sources … and make it appear that these sources support the judgment’s arguments.”
“In truth, the plagiarized sources even make a strong case for petition’s claims,” read the motion filed Monday for petitioners Isabelita Vinuya and other so-called “comfort women.”
The unanimous decision of 13 justices sitting en banc, penned by Associate Justice Mariano del Castillo, is already the subject of a motion for reconsideration.
Crimes against humanity
The most extensively plagiarized article, according to the lawyers, is the article “A Fiduciary Theory of Jus Cogens” by assistant law professors Evan Criddle of Syracuse University and Evan Fox-Decent of McGill University in Canada.
The lawyers mentioned 31 cases of plagiarism which they said made no reference to the article, and which supported the case of the women—that the state could not set aside such crimes as genocide, torture and similar “grave offenses.”
“Thus, a faithful reading of the entire article shows that crimes against humanity and torture … constitute jus cogens,” they said. Jus cogens are standards that cannot be set aside in international law.
“The judgment’s claim that these crimes do not constitute violations of jus cogens is plainly false.”
The government has argued that it is no longer in a position to make such a claim for compensation because of its peace treaty with Tokyo.
Jose Midas Marquez, Supreme Court spokesperson, said that Del Castillo in a meeting told Chief Justice Renato Corona Monday that he would look into the matter and report to him.
“(Del Castillo) knows that he cited all the sources that had to be cited, that is why he is looking into the allegations, what the basis of the allegations are. Let’s wait for the report,” Marquez said.
War Victims Appeal to Aquino
The war victims on Monday asked President Benigno Aquino III to take up their cause and ask Japan to apologize and compensate them.
“President Noynoy, since you are the one who is now in position, help us. Do not forsake us,” Simang Regala, 81, said at the Supreme Court building where she and other petitioners filed their supplemental motion.
Pilar Galang, 80, recalled the time when Japanese soldiers killed her father, raped the women and burned the houses in their village in Mapaniqui, Candaba, Pampanga.
“Who will listen to us? Are they really in the public service?” Galang asked.
She shot back at President Aquino’s declaration that the people were his “boss.”
“We are their boss,” Galang cried.
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