Matibag also said the arresting team violated Section 8, Rule 126 of the Rules of Criminal Procedure when they searched the premises without the presence of the owner of the house or witnesses. According to the rules, no search shall be made except with the presence of the lawful occupant or any member of the family or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality.
After the raid, the military alleged they found bomb-making materials, guns, and even a claymore mine under the beds of the health workers.
Legal Moves
Matibag said they will file a petition for habeas corpus Tuesday morning at the Supreme Court. Clamor said the detainees are determined to file counter charges against their captors.
In a separate statement, the party list group Bayan Muna said that it will file the necessary criminal and administrative charges against those who led the raid.
The military presented as evidence supposed Bayan Muna election paraphernalia. “This is another attempt to harass Bayan Muna and feed government propaganda to link the organization with the New People’s Army. It is nothing more than a partisan political act by the Arroyo government aimed at ensuring the electoral defeat of Bayan Muna, a prohibited act under election laws,” the group said.
It also said the authorities violated the Anti-Torture Act, which provides under Section 4 (b) for the imprisonment of military and police elements who “prohibit the victims from communicating with members of his/her family” and who blindfold those in their custody.
Disservice to the Poor
Meanwhile, the Council for Health and Development (CHD) criticized the Arroyo government for “terrorizing health professionals who have chosen to stay to serve the country.”
The CHD is the national organization of more than 50 community-based health programs in the entire Philippines. Its staff members were among those arrested.
Dr. Eleanor Jara, CHD executive director, lamented that the abducted health professionals and CHWs are among those that serve far-flung villages where government personnel and services are lacking or are simply absent. “Because of their passion and dedication to serve their fellow Filipinos, these health professionals and CHWs brave difficult work environments and meager salaries just so they could be of service where they are most needed,” Jara added.
“Instead of supporting and lauding their efforts and sacrifices, what does Mrs. Arroyo’s government do? Her military and police abduct these health professionals and CHWs and violate their rights. In effect, the delivery of health services in the poorest communities is derailed,” Jara said.
The ratio of doctor to patient in the Philippines is pegged by the Department of Health at 1:30,000.
“The military has done it again, this condemnable incident adds up to the long list of human-rights violation against health workers and community-based health practitioners,” Jara said.
Martial Law, Counter-Insurgency
In a press conference on Monday afternoon, Makabayan senatorial bet Satur Ocampo called the incident “a classic throwback to the martial law era.”
“This governmment already has a lot to answer for attacking the human rights of the Filipino people… Now we have the AFP abducting and harassing health professionals and personnel,” Ocampo said, adding “It’s a grandslam day for impunity.”
Clamor, of Karapatan, said the incident was part of the implementation of the Oplan Bantay Laya II, the counter-insurgency program of the Arroyo government. “Once again, this proves that the Arroyo government has not adhered to [UN Special Rapporteur Philip] Alston’s recommendations. Even with the abolition of the IALAG [Inter-Agency Legal Action Group], the filing of trumped-up charges continues.”
Alston, who visited the country in February 2007, linked the extrajudicial killings and other rights abuses to the counter-insurgency program of the Arroyo government. One of his recommendations is the abolition of IALAG, a group created by virtue of Arroyo’s executive order and tasked to build up cases against so-called enemies of the state. (Bulatlat.com)
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Yearender: Victories of the Filipino People
February 9th, 2010 at 11:16 am
[...] via ‘Morong 43? Cry Torture; Satur Denounces ‘Grandslam Day for Impunity’ – Bulatlat. [...]
February 11th, 2010 at 3:48 am
[...] Bulatlat reported: Clamor said all of the detainees were subjected to relentless interrogation and were deprived of sleep. “They were made to sit the whole time,” he said. “They [interrogators] played good cop and bad cop. They asked all the personal details and some tried to force the detainees to admit that they are NPA [New People's Army] members.” On Monday, military officials said some of those arrested had confessed to being communist guerrillas and that they were willing to testify in court against the others. [...]
February 11th, 2010 at 2:46 pm
[...] ‘Morong 43? Cry Torture; Satur Denounces ‘Grandslam Day for Impunity’ [...]
February 12th, 2010 at 3:34 am
Good day to everyone. If our govt. is really against Communism, why we have a diplomatic relations in other Communist countries like China? For me,rampant corruption in our government is worse than communism. And now election time, filipino people should vote the right person and notjust because of actors and actress are supporting them.
February 12th, 2010 at 8:22 am
The illegal mass arrest must be condemned to the highest level. Dr. Alex is a one of a kind doctor who can attend to his patients and operate even without any fee. In fact, most often when his patients are of the poor communities, he would be the one providing all the needed materials & medications. I remember him as one who would operate even in extreme conditions or where amenities for operation procedures are wanting. His commitment and the 42 others can never be questioned- They have to be released soon…
February 15th, 2010 at 2:33 pm
[...] 15, 2010 We live in a country where health workers and doctors are tagged as terrorists. We live in a country where the military can snub orders from the Supreme Court. We live in a [...]
February 17th, 2010 at 12:32 am
[...] (Read story…) Filed Under News, Philippines [...]
December 7th, 2011 at 6:50 pm
[...] Human Rights Day on Dec, 10, like what he did when he ordered the withdrawal of charges against the Morong 43 last year. The Morong 43 health workers were illegally arrested in February 2009 while conducting a [...]