imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

MANILA – ‘Morong 43’ arrest, detention illegal — CHR

by Janess Ann Ellao Monday, Jun. 22, 2015 at 6:17 AM

Five years since the arrest, detention and release of the 43 health workers dubbed as the “Morong 43,” the Commission on Human Rights (CHR) has finally issued a resolution stating that state forces violated the rights of the health workers.

MANILA – ‘Morong...
morong-43-cpp-communist-party-of-the-philippines.jpg, image/jpeg, 400x300



“This is a welcome development though it is five years late,” Ephraim Cortez, National Union of Peoples’ Lawyers (NUPL) assistant secretary general for legal services, told Bulatlat.com.

In its resolution dated April 21, the CHR said the health workers were tortured and deprived of their rights against unlawful search and seizure and their rights as detainees.

Though it came late, Cortez said the resolution still vindicates the detained health workers.

The CHR resolution, which the NUPL described as a document that “could have been written all in a day’s work,” has “tardily validated what every sensible person already knew even at that time – that the Morong 43 community doctors, nurses, midwives and health volunteers were brazenly illegally arrested, illegally detained, viciously tortured and routinely denied their basic constitutional rights while in military and police custody.”

The 43 health workers were arrested on Feb. 6, 2010 in Morong, Rizal while attending a community health training workshop. They were held incommunicado in a military camp, where they were interrogated and tortured to falsely admitting they were members of the Communist Party of the Philippines and its armed wing, the New People’s Army.

Ten months later, amid strong local and international pressure, President Aquino ordered the dropping of charges against them.

Tortured

Citing the Philippine laws against torture, the CHR said “those specifically complained by the complainants/detainees cannot be more obvious.” The Republic Act No. 9745 or the Anti-Torture Act of 2009 states that torture could be either physical or mental.

“As noted by the CHR medico-legal team who visited the Morong 43, on Feb. 11, 2010, at their detention cells in Camp Capinpin, some of the detainees had abrasions and contusions in the different parts of their bodies, like wrists, foreheads and heads, which corroborated their account that they were blindfolded and handcuffed tightly for a long period,” the resolution stated.

The CHR listed down the rights violated at the time of their arrest. These were:

1. Right to counsel immediately after arrest

2. Right against incommunicado status

3. Right against prolonged and repeated interrogation to elicit information

4. Right to sleep

5. Visitation rights of families and relatives

6. During tactical interrogation, they were threatened with death and forced to admit membership in the New People’s Army

7. They were alternately threatened, and convinced to cooperate with the military in exchange of getting their cases fixed or rewards

8. They were deprived privacy, and sexually harassed

‘Questionable warrant’

The CHR resolution said the validity of the search warrant used by the military was questionable from the very start. The warrant was issued against a certain Mario Condes, a resident of Maybangkal, Morong, Rizal, by Judge Cesar Mangobang of Imus, Cavite.

Condes, who was not among the 43 health workers, did not own the house where the training was being conducted and was never produced by the military even during the hearings conducted by the CHR.

The CHR also found it “highly irregular” that the arresting officer applied for a search warrant in Imus, Cavite and that the state forces were not able to come up with a compelling reason to justify why they resorted to seeking out a court outside the jurisdiction of the courts in Rizal province.

The warrant, the resolution read, also failed to describe the specific and exact house to be searched, which it described as “an important requirement under the Rules of Court.”

“Necessarily, as the search warrant is invalid, the search conducted on the strength of such invalid instrument is considered unlawful,” the resolution stated. It added that the arresting military team had no valid authority to enter and search the house where the Morong 43 were staying.

In this light, the CHR ruled that the arrest of the 43 health workers “is unlawful as there is no valid warrant of arrest issued against any of them.”

On its recommendations, the CHR called on the Supreme Court to look into the martial law-era doctrine of curative information, referring to the Ilagan vs. Enrile ruling. It added that while courts must adhere to judicial precedents, “the same courts are capable of overturning themselves if the current circumstances dictate a change.”

As a consequence of the unlawful search, the warrantless arrest against the Morong 43 “naturally becomes unlawful and arbitrary,” the CHR said.

_______________________________________________

AFP won't dispute CHR's torture findings but insists 'Morong 43' were rebels

By: Priam F. Nepomuceno, Philippine News Agency

MANILA, Philippines -- The military is not disputing the Commission on Human Rights’ findings that members of the so-called “Morong 43” were illegally arrested and tortured but insists that those nabbed in a 2010 raid on farmhouse in the Rizal town were communist rebels and not health workers.

In a 26-page resolution released recently, the CHR said the rights of the medical workers were violated when they were illegally arrested in Morong, Rizal on February 6, 2010 based on a search warrant issued by a judge from a court in Imus, Cavite but with no valid warrant of arrest against any of the 43.

"We will not question the finding of CHR about the Morong 43. However, we would like to maintain that they are not health workers but New People's Army members who were undergoing explosives training,” Armed Forces of the Philippines public affairs office chief Lieutenant Colonel Harold Cabunoc said.

He claimed that after the bulk of the 43 were released, “most of them went back to the mountains to rejoin the NPA where two of them were killed in encounters in Bulacan and Bicol, one surrendered in Mindoro and one was rearrestad for a murder case in Batangas."

"Five of them have taken side with the AFP and they affirmed their membership (in) the NPA and that they were not tortured during their detention," he added.

He also said recommending charges against any person for alleged human rights violations is well within the competence of the CHR, referring to Section 18, Article XIII of the 1987 Constitution.

"The AFP will give due respect to such authority," he added.

Cabunoc said the Office of the Solicitor General, which had previously represented AFP officers named respondents in the habeas corpus proceedings filed by the relatives of the Morong 43, will be consulted on charges the CHR may recommend.

He noted that the Supreme Court ruling in 2014, which dismissed the habeas corpus petition, had ruled that there were no “serious violations of, and utter disregard by the state forces of the constitutional rights of the petitioners …”

http://www.interaksyon.com

Report this post as:

Morong 43

by Janess Ann Ellao Monday, Jun. 22, 2015 at 6:17 AM

Morong 43...
morong-43.jpg, image/jpeg, 400x300

Report this post as:

Morong 43

by Janess Ann Ellao Monday, Jun. 22, 2015 at 6:17 AM

Morong 43...
morong-43-cpp-ndf.jpg, image/jpeg, 400x300

Report this post as:

Morong 43

by Janess Ann Ellao Monday, Jun. 22, 2015 at 6:17 AM

Morong 43...
morong-43-cpp-npa.jpg, image/jpeg, 400x300

Report this post as:

Morong 43

by Janess Ann Ellao Monday, Jun. 22, 2015 at 6:17 AM

Morong 43...
morong-43-npa.jpg, image/jpeg, 400x300

Report this post as:

Morong 43

by Janess Ann Ellao Monday, Jun. 22, 2015 at 6:17 AM

Morong 43...
morong-43-npa-new-peoples-army.jpg, image/jpeg, 400x300

Report this post as:

Morong 43

by Janess Ann Ellao Monday, Jun. 22, 2015 at 6:17 AM

Morong 43...
morong-43-ramon-dela-cruz-npa.jpg, image/jpeg, 443x316

Report this post as:

Ericson Acosta

by Janess Ann Ellao Monday, Jun. 22, 2015 at 6:17 AM

Ericson Acosta...
x_ericson-acosta-karapatan-bayan-selda-cpp-npa.jpg, image/jpeg, 410x375

Report this post as:

Local News

More Pix: "Families Belong Together," Pasadena J02 12:16PM

"Families Belong Together" March, Pasadena J02 12:08PM

Short Report on the Families Belong Together Protest in Los Angeles J30 4:26PM

Summer 2018 National Immigrant Solidarity Network News Alert! J10 11:58PM

Watch the Debate: Excluded Candidates for Governor of California M30 10:20PM

Change Links June 2018 posted M28 12:41AM

The Montrose Peace Vigil at 12 Years M22 1:01PM

Unity Archive Project M21 2:42AM

Dianne Feinstein's Promotion of War, Secret Animal Abuse, Military Profiteering, Censorshi M17 3:22PM

CA Senate Bill 1303 would require an independent coroner rather than being part of police M10 2:08PM

Three years after OC snitch scandal, no charges filed against sheriffs deputies M10 1:57PM

California police agencies violate Brown Act (open meetings) M02 1:31PM

Insane Company Wants To Send Nuke Plant Waste To New Mexico A29 4:47PM

Change Links May 2018 A27 1:40AM

Worker-Owned Car Wash on Vermont Closed A26 10:37PM

GUIDE TO REBEL CITY LOS ANGELES AVAILABLE A12 5:39PM

lausd whistle blower A10 11:58PM

Website Upgrade A10 3:02AM

Help KCET and UCLA identify 60s-70s Chicano images A04 1:02PM

UCLA Luskin: Casting Youth Justice in a Different Light A02 11:58AM

Change Links April 2018 A01 11:27AM

Nuclear Shutdown News March 2018 M31 6:57PM

Join The Protest Rally in Glendale on April 10, 2018! M29 7:00PM

Spring 2018 National Immigrant Solidarity Network News Alert! M19 2:02PM

Anti-Eviction Mapping Project Shows Shocking Eviction Trends in L.A. M16 5:40PM

Steve Mnuchin video at UCLA released M15 12:34AM

Actress and Philanthropist Tanna Frederick Hosts Project Save Our Surf Beach Clean Ups M06 12:10PM

After Being Told He's 'Full of Sh*t' at School Event, Mnuchin Demands UCLA Suppress Video M02 11:44AM

More Local News...

Other/Breaking News

Democratic Socialists of America J14 4:57PM

Leonard Peltier Non Violent Native American Political Prisoner since 1970's J14 4:18PM

Paraphysique miscellanées de l'aggiornamento J14 12:54AM

Actress and Philanthropist Tanna Frederick Hosts Project Save Our Surf Beach Cleanup J13 4:14PM

FBI Investigated LA County Sheriff Baca,Why Not Hank Skinner's Persecution? J13 3:52PM

Updated Partial List Of Famous Vegetarians, Vegans, & Fruitarians J13 2:59PM

The Shortwave Report 07136/18 Listen Globally! J12 4:36PM

Social Policy as Social Infrastructure J12 3:38AM

Vol I: 84 Varieties Of GOP Election Fraud J12 1:50AM

Texas Can Call it An Execution,But It is A State Sponsored Murder of Hank Skinner.. J11 6:48PM

June 2018 Honduras coup update J11 3:35PM

Maria Estrada doubles down on racist support J11 1:40PM

New York Women in Film & Television Announces 2018 NYWIFT Ha Phuong Scholarship Recipients J11 10:14AM

Trapps de la domination, trapps de l'aliénation J11 1:31AM

Please Work For The Defeat Of Brett Kavanaugh And Why J09 8:54PM

Change Links 2018 July posted J09 1:27PM

Transinhumanisme ( transe inhumanisme ) J09 12:44PM

Google, World's Biggest Censor, Was Founded By The CIA J09 10:25AM

For a World Free of Nuclear Risks J09 8:29AM

Corrupt CDC Ignores Meat Fish Recalls J09 4:55AM

The (Temporary) End of Globalization J09 3:03AM

Aternatives to Abortions such as Plan B the pill, condoms and IUD J08 4:03PM

U.S Congressional Legal Minds Know Better Than Allowing Texas To Murder Hank Skinner J08 3:37PM

ACLU in many US states defends in court KKK and American Nazis Sometimes for Money J07 11:28PM

Judge Brett Kavanaugh: 12 Of Many Reasons To Oppose Him J07 9:00AM

Insensibilité engrammée J07 2:37AM

Silver Lining J07 12:21AM

The Shortwave Report 07/06/18 Listen Globally! J05 4:38PM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy