Bu-lat-lat (boo-lat-lat) verb: to search, probe, investigate, inquire; to unearth facts Volume IV, Number 3 February 15 - 21, 2004 Quezon City, Philippines |
Political
Prisoners Await Release Through Peace Talks After
a two-year delay, 22 political prisoners are hoping that the government will
finally make good its promise to release political prisoners, in the light of
the successful first round of formal peace negotiations between the government (GRP)
and the National Democratic Front of the Philippines (NDFP), held Feb. 10-14 in
Oslo, Norway. By
DABET CASTAÑEDA
|
Modesto
Tobias is a farmer from Masbate who does not even know how old he is. But if one
goes by his white hair, he must be in his mid-60s now. In 1989, he was arrested by government forces for allegedly
being a New People’s Army (NPA) guerrilla. He was not however charged with
rebellion or subversion; instead, he was tried for robbery in band with homicide
and meted out life imprisonment. Tobias,
together with three of his co-accused, is being held at the Maximum Security
Compound of the National Bilibid Prisons (National Penitentiary) in Muntinlupa
City south of Manila. He has been in detention for over 15 years now. In
2001, the government promised to release him, together with 21 other political
prisoners. Pictures of Tobias shaking hands with then Justice Secretary Hernando
Perez were even published in newspapers. But when the peace negotiations between
the National Democratic Front of the Philippines (NDFP) and the government
collapsed, the promised release also went up in smoke. The GRP and NDFP are back in the negotiating table and once again, Tobias and other political prisoners are hoping that the NDFP would successfully negotiate their release. But more importantly, that the |
Political prisoner Modesto Tobias poses with wife and daughter in this picture taken in his first year at the National Penitentiary, and mounted on a typical frame crafted by prisoners there. Tobias’ hair has since turned white and he remains in prison despite government promises of freedom |
government
will not again renege on its commitment to release Tobias and his companions.
Part
of talks’ agenda
Documentation
records of the human rights alliance Karapatan (Alliance for the Advancement of
People’s Rights) show that Tobias is just one of the 305 political prisoners
languishing in various jails nationwide.
The
release of political prisoners is always part of the agenda in the GRP-NDFP
talks.
In
a statement e-mailed to Bulatlat.com early last week, Luis Jalandoni,
NDFP panel chair, confirmed that the NDFP is demanding the release political
prisoners whose release has been ordered since 2001. In this round of talks, he
said, “We think it is possible to secure the release of a good number.”
Confidence-building
measure
A
look at the history of the peace talks would show that both the GRP and the NDFP
have considered the release political prisoners as part of confidence-building
measures for the negotiations.
Since
peace talks began in 1986, the NDFP has released several prisoners of war (PoWs)
to pave the way for the resumption of formal talks.
On
Dec. 5, 1997 for instance, the NPA’s Melito Glor Command in Southern Tagalog
released an army major and another officer to the International Committee of the
Red Cross (ICRC).
On
Jan. 22, 1998, the Lucio de Guzman Command of the NPA in Mindoro island released
SPO3 Martellano Magtagad also to the ICRC.
The
two instances led to the resumption of the peace negotiations on Jan. 6, 1998 in
The Hague, The Netherlands.
The
NPA also released Gen. Victor Obillo, the highest-ranking AFP official captured
by the NPA, and his aide Maj. Rodolfo Montealto, as a confidence-building
measure for the talks under the Estrada administration.
The
government, on the other hand, has several times failed to fulfill its promises
with regards the release of political prisoners many of whom were suspected NPA
members.
Of
the 305 political prisoners in Karapatan, 302 are maliciously charged with
criminal offenses. Like Tobias,
suspected NPAs are charged with murder, illegal possession of firearms and other
criminal offenses, thus criminalizing their otherwise political cases.
The
three political prisoners who are charged with rebellion are Francisco Gaytano
and Rustico Mijares, both detained at the Romblon Provincial Jail, and Alfredo
Yodico who is detained at the Bohol Detention and Rehabilitation Center (BDRC).
Yodico
was wounded and captured during a firefight between government troops and
communist guerillas. He sustained a
gunshot wound in the neck for which he had to undergo an operation. His esophagus was replaced with an open tube that is
extremely vulnerable to infection.
Yodico
has continuously requested medical attention but based on Karapatan reports, the
BDRC has denied his requests because of lack of funds for the medical treatment
itself and the expenses for his military escorts’ expenses.
Approved
for release but still in jail
In
2001, 131 cases of political prisoners were reviewed under the Presidential
Committee on Bail, Recognizance and Pardon (PCBREP).
For his good conduct in jail and old age, Tobias’ case was included in
the review.
Out
of 131 cases reviewed, only 39 were approved for release by President Gloria
Macapagal-Arroyo, Justice Secretary Hernani Perez and the Office of the
Presidential Adviser on the Peace Process (OPAPP).
But of the 39, only 25 were actually released.
Tobias
was one of the 14 political prisoners who were left behind.
“Pumuti na ang buhok ko dito sa loob ng kulungan sa kakahintay ng
release ko. Pinangakuan na ako ni
Sec. Perez na ire-release nung 2001 pero nandito pa rin ako hanggang ngayon,”
Tobias told this writer during a recent visit at the NBP.
To
prove his claim, Tobias pulled out from his closet his photo taken during his
first year at the national penitentiary. The
photo showed him with no traces of white hair.
“Up
to the courts”
A
phone interview with OPAPP late last week revealed, however, that the decision
to release the political prisoners is still up to the municipal or provincial
courts where the cases are docked.
“Our
office can only recommend the releases of such alleged political offenders.
We cannot dictate their release because that would be intervening with
the judicial system,” explained the OPAPP source.
The
source added that the PCBREP will review some 27 cases of political offenses
when it reconvenes sometime next week. Karapatan
documentation revealed however that there are only 22 political prisoners who
are up for review.
Karapatan
said OPAPP has never reviewed the case of Donato Continente and Juanito Itaas.
The two were convicted for the murder U.S. Col. James Rowe of the Joint US
Military Assistance Group (JUSMAG) in 1989.
The
OPAPP source admitted it is difficult to recommend the two for release because
their case is “controversial” and that the “Rowe family is protesting
their release.”
(Below
this article are the comparative lists of OPAPP and Karapatan containing the
names of political prisoners whose cases will undergo review.)
Karapatan
said it will also urge the PCBREP to fast track the review of the cases of Pedro
Madera Jr. and Joven Velasco Jr., two of the 14 political prisoners who were
approved for release in 2001.
Special
cases
When
the PCBREP convenes next week, it will also include the case of Zenaida Llesis,
a nursing mother who was detained in 2002.
Llesis was pregnant when she was arrested.
She gave birth while in jail in February 2003 to a sickly baby.
Last
January, Zenaida went on hunger strike to pressure the court to allow her to
bring her child to a hospital in Manila for proper medical attention. She and her child are now at the Philippine Children’s
Medical Center where her child is being given proper medical care. (See related
article)
Meanwhile,
Karapatan is pushing for the review of other special cases.
One
is that of two other nursing mothers, Irene Plagtiosa and Lyn-lyn Metran, who
also gave birth while in detention; both are presently detained with their
children.
Another
is that of Jerry Rom who was only 16 years old when arrested on Feb. 14 last
year. Rom, whom the military
claimed was arrested during a firefight with the NPA, was in fact abducted
unarmed while he was on his way to a Valentine’s party, Karapatan said. Bulatlat.com
KARAPATAN
List of Political Prisoners who were approved for release in 2001
|
||
NAME |
CASE |
DETENTION CELL |
1. Aleson Alcantara |
2 counts of Murder, Murder, IPFA |
Cebu Provincial Detention and Rehabilitation Center |
2. Ruben Balaguer |
Double Murder |
Quezon City Jail |
3. Gelito Bautista |
Double Murder |
Quezon City Jail |
4. Arnulfo Canedo |
Murder, Double Frustrated Murder |
Cebu Provincial Detention and Rehabilitation Center |
5. Francisco Gaytano |
Rebellion, IPFA |
Romblom Provincial Jail |
6. Eduardo Hermosa |
Double Murder |
Quezon City Jail |
7. Pedro Madera Jr. |
Frustrated Murder |
New Biibid Prisons |
8. Joselito Magday |
Kidnapping with Murder |
BJMP, Tuao, Cagayan Valley |
9. Manuelito Matricio |
Double Murder |
Quezon City Jail |
10. Rustico Mijares |
Rebellion, IPFA |
Romblon Provincial Jail |
11. Ramilo Orgasan |
Robbery in Band with Homicide |
New Bilibid Prisons |
12. Joey Ramos |
Kidnapping with Murder |
BJMP, Tuao, Cagayan |
13. Sofronio Seriosa |
Murder |
Basey Sub-Provincial Jail, Samar |
14. Ricardo Solangon |
Kidnapping with Murder |
Mamburao Municipal Jail |
15. Bartolome Tobias |
Robbery in Band with Homicide |
New Bilibid Prisons |
16. Julito Tobias |
Robbery in Band with Homicide |
New Bilibid Prisons |
17. Modesto Tobias |
Robbery in Band with Homicide |
New Bilibid Prisons |
18. Mario Tobias |
Double Murder |
Quezon City Jail |
19. Josue Ungsod |
Double Murder with Arson |
Quezon City Jail |
20. Joven Velasco Jr. |
IPFA |
Albay Provincial Jail |
21. Alex Perdigera |
Murder, IPFA |
Quezon Provincial Jail |
22. Nito Banga |
IPFA, Murder, 5 Counts Frustrated Murder, Rebellion |
Cebu Provincial Detention and Rehabilitation Center |
|
|
|
|
|
|
OPAPP
List of Political Prisoners who were approved |
||
NAME |
CASE |
DETENTION CELL |
1. Aleson Alcantara |
2 counts of murder, murder, IPFA |
Cebu Provincial Detention and Rehabilitation Center |
2. Ruben Balaguer |
Double Murder |
Quezon City Jail |
3. Gelito Bautista |
Double Murder |
Quezon City Jail |
4. Arnulfo Canedo |
Murder, Double Frustrated Murder |
Cebu Provincial Detention and Rehabilitation Center |
5. Donato Continente |
Murder, Frustrated Murder |
New Bilibid Prisons |
6. Francisco Gaytano |
Rebellion, IPFA |
Romblom Provincial Jail |
7. Eduardo Hermosa |
Double Murder |
Quezon City Jail |
8. Juanito Itaas |
Murder, Frustrated Murder |
New Bilibid Prisons |
9. Pedro Madera Jr. |
Frustrated Murder |
New Biibid Prisons |
10. Joselito Magday |
Kidnapping with Murder |
BJMP, Tuao, Cagayan Valley |
11. Manuelito Matricio |
Double Murder |
Quezon City Jail |
12. Rustico Mijares |
Rebellion, IPFA |
Romblon Provincial Jail |
13. Ramilo Orgasan |
Robbery in Band with Homicide |
New Bilibid Prisons |
14. Irene Plagtiosa |
Murder |
BJMP, Canlaon City, Negros Oriental |
15. Joey Ramos |
Kidnapping with Murder |
BJMP, Tuao, Cagayan |
16. Sofronio Seriosa |
Murder |
Basey Sub-Provincial Jail, Samar |
17. Ricardo Solangon |
Kidnapping with Murder |
Mamburao Municipal Jail |
18. Bartolome Tobias |
Robbery in Band with Homicide |
New Bilibid Prisons |
19. Julito Tobias |
Robbery in Band with Homicide |
New Bilibid Prisons |
20. Modesto Tobias |
Robbery in Band with Homicide |
New Bilibid Prisons |
21. Mario Tobias |
Double Murder |
Quezon City Jail |
22. Josue Ungsod |
Double Murder with Arson |
Quezon City Jail |
23. Joven Velasco Jr. |
IPFA |
Albay Provincial Jail |
24. Basidiles Badion |
IPFA |
New Bilibid Prisons |
25. Nito Banga |
IPFA, Murder, 5 Counts Frustrated Murder, Rebellion |
Cebu Provincial Detention and Rehabilitation Center |
26. Dominador Pancho |
|
|
27. Edwin Pancho |
|
|
We want to know what you think of this article.