Friday, August 31, 2007
Latest on Prof. Sison's arrest: Dutch judge extends Sison detention for 14 more days.
Joma is in solitary confinement and is being denied access to media and even his doctors. This is tantamount to torture according to Committee DEFEND.
They said Prof. Sison is being detained at the National Penitentiary in Scheveningen, a facility with was used by the Nazi’s during World War II to imprison and torture Dutch resistance fighters.
Meanwhile, support from all over the world pours in. See ArkibongBayan
for coverage of protest actions. Former US atty-general Ramsey Clark
also calls for Sison's release
, one of my favorite blogs, tackles the lies being peddled
by the government and the reactionaries on Joma and the implications of his arrest.KR Guda
posts Jailing Joma,
pointing out something that is being left out by the media and the column writers: that Kintanar and Tabara were military combatants at the time they were killed by the NPA.
Today, KR posts his response
to Conrado De Quiros' Inquirer column
hailing Joma's arrest:
He is entitled to his opinions. But to applaud the arrest and trampling of the rights of a man that he is not sure is guilty in the first place but nevertheless dislikes is a betrayal of the very thing he claims to fight for:Here
is a Q&A on the basic questions concerning Prof. Sison's arrest prepared by ILPS-HongKong.Continue reading this entry >>
Noong Agosto 28, 2007, nagulat ang buong mundo sa balitang inaresto si Prop. Jose Maria Sison ng Dutch police sa kanyang tirahan sa Utrecht, the Netherlands.
Kasabay nito ay ni-reyd ang kanyang bahay. Bandang 9:30 ng umaga, sinira ng mga hindi nakaunipormeng pulisya ang pintuan ng kanyang bahay at buong araw na hinalughog ang kanyang bahay. Pinagkukuha ang mga kompyuter, CD, mga dokumento at iba pa. Ni-reyd din ang opsina ng NDF at mga bahay ng mga opisyal nito sa Utrecht at pinagkukuha ang mga gamit. Walang ipinakitang search warrant sa ilang mga raid.
Ayon Atty. Michiel Pestman, legal counsel ni Prop. Sison, nagpresenta ang Dutch police ng ‘search warrant’ kay Prop. Sison sa kanyang tirahan. Inimbitahan siya ng mga ito na tumungo sa headquarters ng Dutch police para diumano magbigay ng mga update ukol sa mga death threats na natatanggap niya. Pagdating sa Dutch police station, ipinasok si Prop. Sison sa isang kwarto para diumano tanungin. Nang mahiwalay na sa kanyang abogado, agad nang tinangay si Prop. Sison tungo sa sentral na lunsod ng The Hague upang doon iditine.
Sa madaling salita, nilinlang siya ng Dutch police at dinakip siya sa ilalim ng mga iligal at kwestyunableng mga sirkumstansya.
Kinasuhan si Prop. Sison ng ‘inciting murder in the Philippines’ kaugnay sa pagparusa at pagpatay ng mga partisanong yunit ng New People’s Army (NPA) kina Arturo Tabara at Romulo Kintanar noong 2001. Ayon sa Dutch law, maaari nilang kasuhan ng kasong kriminal ang sinumang naakusahang gumawa, nagplano o nag-utos ng krimen kung ginawa ito sa kanilang bansa.
Kasalukuyan pa ring nakakulong si Prop. Sison sa The Hague at malala pa sa pinakamasahol na kriminal ang pagtrato sa kanya. Siya ay nasa solitary confinement, bawal bisitahin ng ninuman bukod sa kanyang abogado. Ni hindi siya pinayagang pumili ng doktor na magbibigay ng medical assistance sa kanya. Bawal ang TV, libro, o kahit man musika sa kanyang piitan.
Matapos ang kanyang initial hearing noong Agosto 31, dinagdagan pa ng Dutch judge ng 14 na araw ang kanyang pagkakakulong dahil mabibigat daw ang mga kasong isinampa sa kanya at baka raw siya tumakas. Sa kabila ng lahat ng ito, nananatiling mataas ang morale ni Prop. Sison ayon sa kanyang abogado at mga mahal sa buhay.
Sino ba si Prop. Jose Maria Sison?
Kung nananatiling matatag si Prop. Sison, ito ay dahil hindi na bago sa kanya ang masadlak sa sitwasyong tulad ng kanyang kinalalagyan sa kasalukuyan.
Mula pa noong itatag niya ang Kabataang Makabayan noong 1968, batid na ni Prop. Sison ang lahat ng panganib at paghihirap na maaari niyang danasin sa ngalan ng pagtataguyod ng pambansa demokratikong rebolusyon.
Ipinanganak si Prop. Sison sa pamilya ng mga panginoong maylupa noong Pebrero 8, 1939 sa Cabugao, Ilocos Sur. Grumadwyet siya sa Unibersidad ng Pilipinas noong 1959.
Naging panandang-bato sa kasaysayan ng kilusang kabataan-estudyante ang puspusang pagkawing ni Prop. Sison sa KM sa mga unyon ng mga manggawa, lalo na sa Lapiang Manggagawa kung saan tumayo rin siya bilang pangkalahatang kalihim. Noong 1966, naging tagapagtatag na pangkalahatang kalihim siya ng Movement for the Advancement of nationalism (Man), isang malawak na alyansa para sa pambansang soberanya at demokrasya. Mula 1963 hanggang 1968, naging editor din si Prop. Sison ng dyornal na Progressive Review.
Taong 1971 nang isulat at ilathala ni Prop. Sison ang Philippine Society and Revolution (Lipunan at Rebolusyong Pilipino) na siyang nagsilbing esensyal na gabay sa pagtalakay ng pambansa demokratikong kilusan sa pagsusuri at mga tungkulin nito sa lipunang Pilipino.
Si Prop. Sison rin ang naging tagapagtatag na tagapangulo ng Partido Komunista ng Pilipinas noong 1969 sa diwa at gabay ng Kaisipang Marxismo-Leninismo-Maoismo. Noong Marso 1969, pinangunahan niya ang pagtatatag ng NPA, ang armadong pwersa ng PKP. Mula noon ay naglunsad na ang NPA ang pakikidigmang gerilya na kumalat sa pambansang saklaw.
Bago maaresto si Prop. Sison noong Nobyembre 1977, siya ang tumayong pampulitikang lider ng PKP at nagpayaman sa mga ideolohikal na batayan ng PKP. Nang makalaya siya matapos ang unang People Power uprising noong 1986, pumasok si Prop. Sison bilang faculty sa Asian Studies Center sa UP.
Kinansela ng gobyernong Aquino ang kanyang passport nang magtungo siya sa Europa noong 1988 at mula noon ay naninirahan na sa Netherlands bilang political refugee at nagsilbing Chief Political Consultant ng NDFP; at nitong huli’y tagapangulo ng International League of People’s Struggles (ILPS), isang pandaigdigang organisasyong anti-imperyalista.
Listahan ng mga ni-recycle at gawa-gawang kaso
Sa lahat ng mga kasong isinampa kay Prop. Sison, wala ni isang napatunayan at naipanalo dahil na rin sa kawalan ng mga ligal na batayan.
Makailang-ulit nang nagsasampa ng mga gawa-gawang kaso at panggigipit kay Prop. Sison, mula pa ng panahon ni Marcos hanggang sa kasalukuyan, ngunit lahat ng mga ito ay ibinasura ng korte at napatunayang pakana lamang at gawa-gawa.
1977-1986 – Ikinulong at matinding tortyur sa ilalim ng diktaduryang Marcos, kinasuhan sa dalawang magkaibang komisyong militar ng rebellion at subversion. Ang mga kasong ito ay ibinasura matapos mapatalsik si Marcos. Lumaya si Prop. Sison noong Marso 5, 1986 at pumasok bilang faculty ng Asian Studies Center at University of the Philippines.
1988 – Nagsalita si Prop. Sison, mula Setyembre 1986, sa mga unibersidad sa iba’t ibang panig ng daigdig hinggil sa kalagayan ng Pilipinas. Inatake ng militar ang kanyang mga pahayag at pinressure ang gubyerno ni Aquino na ikansela ang kanyang passport. Kinasuhan siya muli ng gawa-gawang ng subversion at kinansela ang kanyang passport.
1988-1992 – Naghapag ng political asylum si Prop. Sison sa The Netherlands noong Oktubre 1988 dahil sa arbitraryong pagkansela sa kanyang pasaporte. Dahil sa matinding interbensyon ng gubyerno ng Pilipinas, hindi binigyan ng asylum si Prop. Sison ng Dutch Ministry of Justice noong July 1990.
Pero ang desisyong ito ay binaliktad ng mas mataas na Judicial Department of the Council of State noong 1992 na nagpapawalang-bisa sa desisyon. Kinilala si Prop. Sison bilang political refugee at tinuligsa ang panggigipit sa kanya.
1992-1994 – Sa kabila nang desisyong ito ng Council of State, hindi pa rin binigyan ng asylum si Prof. Sison. Nirepeal na ang Anti-Subversion law noong 1992 sa Pilipinas na siyang batayan ng mga kaso, at dinidmiss na ng Pasig city court ang kasong subersyon. Ibinasura na rin noong Abril 1994 ang kaso ng Plaza Miranda bombing noong 1971 na “pawang ispekulasyon.”
Hindi pa rin ibinigay ang asylum at sa halip ay binansagan siyang “terorista” dahil sa mga gawa-gawang intelligence reports.
1995 – 1996 – Pinagtibay ng Council of State at iba pang korte ang kanyang mga karapatan bilang refugee at dahil wala naman siyang mga kaso, dapat siyang bigyan ng residency sa Netherlands. Pero sa kabila nito’y ginipit pa rin si Prop. Sison dahil umano sa mga ulat na may “links ito sa mga terorista.”
1998 – Abril 1998, ang justice secretary ng Pilipinas ay naglabas ng certification na nagsasabing wala ng pending na kaso laban kay Prop. Sison. Pero tuloy-tuloy ang gubyerno sa mga atakeng propaganda.
2001- 2002 – Nagrekwes sa US ang gubyerno na ilagay si Prop. Sison sa listahan ng mga “terorista.” Agosto 2002, nilagay ng US si Prop. Sison sa listahan ng mga “terorista.” Malinaw itong walang batayan dahil wala namang anumang kaso na maaaring pagbatayan nito. Sa kabila nito, pinagbawalan sya magtabaho, tinanggalan ng mga benepisyo, finreeze ang bank account. Kahit ang royalty payments sa pag-akda ng libor pinagbawal. Nilabag ang kanyang mga batayang karapatang pantao. Itinulak ding ilagay siya sa “terrorist blacklist” ng European Union na kanilang sinunod.
2003 – Kinasuhan si Prop. Sison ng pagpatay kay Col. Rodolfo Aguinaldo. Agad itong naisantabi ng mga abugado dahil sa malinaw na pagiging gawa-gawa nito at politically motivated.
2005-2006 – Nagsampa ng kung ano-anung gawa gawang kaso kasama na ang pagsampa ng kasong rebelyon noong Abril 21, 2006 kasama ang 50 pang mga tao, kasama ang Batasan 6. Saklaw nito lahat ng mga ginawa umano nya mula noong 1986, sa kabila ng mga nauna nang pagbabasura ng korte.
2007- Hulyo 2007, nagdesisyon ang European Court of First Instance na nagpapawalangbisa sa paglalagay kay Prop. Sison sa “terrosit list” at pagfreeze sa kanyang assets. Pinagbayad ng korte ang EU Council sa mga gastos sa litigation. Maaari pang kasuhan din ang Dutch government at pagbayarin ito sa paglabag sa karapatan ni Prop. Sison.
Hulyo 2, ibinasura na ang kaso ng rebelyon laban sa kanya at lahat ng mga umano’y ebidensya simula ng 1968 hanggang 2006, kasama ang sa mga akusasyon na ibinabato sa kanya sa kasalukuyang kaso. Lahat ng ebidensya ay hindi na maaaring gamitin sa mga bagong kaso sa korte ng Pilipinas.
Samakatuwid, malinaw na walang batayan ang mga panibagong kaso at panibago na naman itong paggagawa-gawa ng kaso para lamang i-harass at gipitin si Prop. Sison.
Bakit dapat ipanawagan ang kagyat na pagpapalaya kay Prop. Sison?
Makatarungan at dapat lamang na dumagundong ang panawagang kagyat na palayain si Prop. Sison dahil sa mga sumusunod na mga dahilan:
Recyled at gawa-gawa ang mga kasong isinampa sa kanya
Walang ligal na batayan, maging sa international laws, ang ginawang pag-aresto at patuloy na pagkulong sa kanya ng Dutch government.
Pinapatunayan lamang nito ang desperasyon ng gobyerno ni Arroyo at pakikipagkunstabahan nito sa gobyernong Dutch para masakote si Prop. Sison. Unti-unti na ring lumalabas ang interes at motibo maging ng imperyalistang US sa kaso ni Prop. Sison sa pamamagitan ng pinakahuling pahayag ni US Ambassador to the Philippines Kirstie Kenney na gagawin ng US ang lahat ng makakaya nito para ‘makatulong’ sa kaso sa ngalan diumano ng ‘gera laban sa terorismo.’
Lantaran nitong sinasabotahe ang usapang pangkapayapaan sa pagitan ng NDFP at Republika ng Pilipinas
Sinasalamin ng pag-atake at pag-reyd sa sentral na opisina ng nDFP na kailanman ay hindi sinsero ang RP na ipagpatuloy ang usapang pangkapayapaan. Bagkus, walang ibang layunin ito kundi ang ibulid ang NDFP sa kapitulasyon (pagsuko) sa mga kagustuhan ng gobyerno ni Gloria Macapagal-Arroyo nang walang karampatang pagdinig at konsiderasyon sa mga lehitimong panawagan ng rebolusyonaryong kilusan.
Tulad ng ginawa nito sa MILF, gumagawa ng scenario ang RP upang i-demonize at ipawalambisa ang usapang pangkapayapaan habang buong kapal ng mukha na ipinangangalandakan ni Arroyo na ‘I have a peace to win’. Ang totoo, bukambibig ng gobyerno ang kapayapaan ngunit naghahanda ito para sa isang mas mapanupil at mapinsalang digmaan.
Lalong paiigtingin ng gobyerno ni Arroyo ang all-out-war laban sa ‘terorismo’
Ilang ulit mang ikaila ni Arroyo at ng mga alipores niyang sina National Security Adviser Norberto Gonzales at DOJ Sec. Raul Gonzales na wala raw bahid ng pulitika ang pagkaaresto kay Prop. Sison sa usapang pangkapayapaan dahil ito raw ay isa lamang kasong kriminal, mahalagang mabatid at masuri ang implikasyon nito sa paglaban ng malawak na mamamayang Pilipino para sa karapatang-tao at demokratikong mga karapatan.
Tinatayang tiyak na gagamitin ng RP ang pagkaaresto kay Prop. Sison upang bigyang-daan ang higit pang pagsupil sa mga ligal at lehitimong organisasyong matagal nang isinasangkot sa kanya at binabansagang komunista. Sa pamamagitan ng bisa ng Human Security Act o Terror Law, bibigyang ligal na batayan ang panggigiit sa mga organisasyong tinaguriang ‘communist fronts’ o di kaya’y sa mga personalidad at lider-aktibistang kilalang kritiko ng gobyerno.
Mangyari pa, naghahanda rin ang gobyerno ni Arroyo na supilin at dahasin ang mga malalakihang pagkilos bilang pagkondena sa ginawang pagkulong kay Prop. Sison. Isang halimbawa na rito ang di-makatarungang pagbuwag sa ginawang pagkilos ng mga progresibong organisasyon, sa pangunguna ng Bagong Alyansang Makabayan, sa Dutch Embassy kamakailan lang.
Ang pagtanggol sa karapatan ni Prop. Sison ay pagpapatibay sa pambansa demokratikong adhikain ng mamamayan
Hindi makakailang kinakatawan ng buhay at pakikibaka ni Prop. Sison ang kawastuhan at katatagan ng pambansang demokratikong adhikain sa harap ng ilang dekada nang mga pagsubok at pakikibaka.
Ang atake kay Prop. Sison ay atake sa lahat demokratikong at anti-imperyalistang interes na matagal na niyang ipinaglalaban. ###
Palayain si Prop. Jose Maria Sison!
Kondenahin ang panggigiit ng gobyernong US-Dutch-Pilipinas!
Itaguyod ang usapang pangkapayapaan!
Isulong ang pambansa demokratikong pakikibaka!
Continue reading this entry >>
Wednesday, August 29, 2007
Details of the arrest of Prof. Jose Ma. Sison and the case being lodged against him have come to show how desperate people like Gloria Arroyo and Norberto Gonzales can get, just to harrass and unjustly persecute a revolutionary leader in the person of Prof. Sison.
The case now being lodged against him (calling for multiple murders of Kintanar and Tabara), is clearly another trumped-up charge as it is an accusation already part of a rebellion case charged by the Philippine govt last February. The case has already been junked by the Supreme Court of the Republic of the Philippines last July 2, 2007.
All the government's so-called evidence, affidavits, etc., (that the Philippine government now admits to have provided the Dutch government and prosecutors), have likewise been rejected by the Supreme Court.
What do these evil morons do? They try to file the same case in another court, one that they hope might fall for their brilliance in fabricating stories (Dutch, if you may), use the same trash as evidence, and then now say that "oh, our recycled evidence must be strong, for these Dutch courts are far more superior than ours. See, they have white skin and they look more intelligent."
Link to really stupid PNP statement: ‘Sison arrest shows we have strong evidence’
For updates and details on how the arrest happened:
statement by the International Committee Defend, this
transcript of a DZMM interview with Luis Jalandoni, and the statement of the CPP
posts photos and Tonyo
writes about his personal meeting with Prof. Sison.Continue reading this entry >>
Tuesday, August 28, 2007
Newsflash: Prof. Jose Ma. Sison has been arrested by the Dutch government today
based on a warrant issued by a Dutch court judge.
The warrant alleged that Sison, 68, was wanted for "multiple murder" and for "calling for more murders."
Prof. Sison has been subjected to a series of false and politically motivated charges in 1988, 1991, 2003 and 2006. One after the other, these charges have been dismissed and nullified by Philippine courts in 1992, 1994 and 2007. Thus, they have been proven as malicious and pure fabrications of the Philippine military, police and intelligence authorities.
Trumped-up charges, lies and state terrorism will never stop Prof. Sison and the Filipino people from fighting US imperialism and its puppets.
We call on the Dutch government to release Prof. Sison immediately. We call on fellow youth bloggers to post their support to the call for Prof. Sison's release, email the Dutch government and to troop to the Dutch embassies all over the world to push for the release of Prof. Sison. Young activists from the Phils will picket the Dutch embassy in Makati tomorrow.
I am reposting a paper discussing how Prof. Sison has been unjustly prosecuted by the RP, US and Dutch Governments.
Chronology of the Persecution of Prof. Jose Maria SisonContinue reading this entry >>
by the Philippine, US and Dutch Governments
Issued by the International DEFEND Committee
18 August 2007
Since his release from military detention and the nullification of subversion and rebellion charges against him in 1986 after the fall of the Marcos fascist dictatorship, Prof. Jose Maria Sison has been subjected to a series of false and politically motivated charges in 1988, 1991, 2003 and 2006. One after the other, these charges have been dismissed and nullified by Philippine courts in 1992, 1994 and 2007. Thus, they have been proven as malicious and pure fabrications of the Philippine military, police and intelligence authorities.
But the Philippine, US and Dutch governments have used the false charges to persecute Prof. Sison. The trumped-up charges of subversion in 1988 and multiple murder in 1991 and the charges of subversion and rebellion nullified in 1986 have been used by the Dutch government to prevent the legal admission as refugee and residence of Prof. Sison in The Netherlands. Even the most unfounded propaganda attacks from the time of Marcos to 2006, which never materialized into formal complaints, have been used by the Philippine, US and Dutch governments to malign him as a "terrorist." These governments do so even as Philippine prosecutors and courts dismiss and nullify the formal complaints and charges.
1. Under the Marcos fascist dictatorship, the Philippine government subjected Prof. Jose Maria Sison to arbitrary detention from 1977 to 1986 and to various forms of physical and mental torture, including water cure, punching, more than five years of solitary confinement, prolonged deprivation of basic necessities as well as medical and dental care and repeated death threats. He was arrested and detained without judicial warrant and was charged before two military commissions for subversion and rebellion. He was thus put in jeopardy of being punished twice for the same alleged offense of seeking to overthrow the Philippine government.
2. After the fall of the Marcos dictatorship, the Aquino regime released Prof. Sison from military detention on March 5, 1986. The two charges of subversion and rebellion against him were nullified through the dissolution of the military commissions as organs of repression. He joined the faculty of the Asian Studies Center of the state institution, the University of the Philippines in April 1986. From September 1986 onwards, he went on a tour for a series of university lectures and solidarity speeches in Oceania, Asia and Europe on the situation and prospects of the Philippines. The Philippine military authorities publicly attacked his lectures and pressured the Aquino regime to cancel his Philippine passport. They trumped up a new charge of subversion against him in September 1988. This became the basis for the cancellation of his Philippine passport.
3. After the arbitrary cancellation of his passport, Prof. Sison applied for political asylum in The Netherlands in October 1988. The Dutch Ministry of Justice used the false charge of subversion and related false claims against him from the Philippine government as the basis for issuing a negative decision on his asylum application in July 1990. The US State Department admitted publicly that the Philippine government intervened in the asylum case in order to oppose it. But the highest administrative court, the Judicial Department of the Council of State (Raad van State), made a judgment in 1992 annulling the unfavorable decision of the Dutch Ministry of Justice. It recognized Prof. Sison as a political refugee and criticized the ministry for using secret intelligence dossiers against him in contravention of the principle of fair administration and for delaying for more than four years the approval of his asylum application.
4. Despite the 1992 judgment of the Council of State, the Dutch Ministry of Justice refused to grant asylum to Prof. Sison. It also ignored the repeal of the Anti-Subversion Law by the Philippine government in 1992 and the consequent dismissal of the charge of subversion against Prof. Sison by the Pasig city court and the related nullification of the specifications against him. It likewise disregarded the resolution of the Manila city prosecutors in April 1994 dismissing as something based on pure speculation the 1991 complaint of multiple murder arising from the Plaza Miranda bombing in 1971. It continued to use the false charges against Prof. Sison and argue that to grant him asylum would run counter to the commitment and credibility of the Dutch state to its allies. Further, it cited raw intelligence dossiers to fabricate the claim that he is in contact with "terrorist" organizations. It was thus already using the "terrorist" label against him as early as in the years from 1990 to 1994.
5. In response to the new appeal of Prof. Sison in 1993, the Council of State, as the highest administrative court, issued in 1995 the judgment reaffirming its previous ruling that he is a political refugee under Article 1 A of the Refugee Convention and that he is under the protection of Article 3 of the European Convention on Human Rights. It ruled that Article 1 F of the Refugee Convention did not apply on him because there was no sufficient evidence against him for crimes that would exclude him from consideration as a refugee. It directed the Dutch Ministry of Justice to grant him legal admission as refugee and residence permit if there was no other country to which he could transfer without violating the Refugee Convention and without putting him at risk of ill treatment prohibited by Article 3 of the European Convention on Human Rights. But the Dutch Ministry of Justice ignored the judgment of the Council of State and continued to refuse him legal admission as refugee and the permit to reside in The Netherlands.
6. Prof. Sison appealed to the newly-created Aliens Court in 1996 against the refusal of the Dutch justice ministry to grant him asylum. The court ordered the Dutch government to make a new decision. The Dutch government ultimately took the position before the Law Unification Chamber (REK, Rechtseenheidkamer) that it had the freedom of policy or discretion to refuse to Prof. Sison legal admission as a refugee and not to give him residence permit but to cease and desist from expelling him from The Netherlands in order to avoid the violation of the principle of nonrefoulement in Article 33 of the Refugee Convention and Article 3 of the European Convention on Human Rights. Being dependent on justice ministry personnel, funds and facilities, the REK upheld the position of the Dutch Ministry of Justice and dignified the brazen lie that Prof. Sison was liable for the false accusations of the Philippine government and for "contacts with terrorist organizations" on the basis of intelligence dossiers already examined and evaluated by the Raad van State in 1992 and 1995. It ran counter to the 1992 and 1995 judgments of the Raad van State, the jurisprudence of the European Court of Human Rights in the Chahal case, the dismissal of all charges against Prof. Sison in the Philippines from 1992 to 1994 and the total absence of any criminal charge against him abroad.
7. In April 1998 the justice secretary of the Philippine government issued an official certification declaring that there was no pending criminal charge against Prof. Sison and referred to the 1992 nullification and 1993 dismissal of the 1988 charge of subversion as well as the 1994 dismissal of the 1991 charge of multiple murder related to the Plaza Miranda bombing. From 1994 to 2003, the Philippine government, including the military and police authorities, took a rest from filing any formal criminal complaint against Prof. Sison. The Philippine military authorities merely hurled propaganda attacks against him, despite the fact that the Philippine government had already requested the US government in November 2001 to designate Prof. Sison as a "terrorist". It was only in 2003 that they submitted to the Department of Justice a complaint against him for the June 2001 killing of the intelligence officer Col. Rodolfo Aquinaldo. The Filipino lawyers of Prof. Sison succeeded in having the complaint archived because of its patent falsity and political motivation and because of the lack of Philippine jurisdiction over him in the light of Philippine and international law.
8. The US government designated Prof. Sison as a "terrorist" on August 12, 2002 and the Dutch government followed suit within 24 hours on August 13, 2002 despite the completely clean legal status of Prof. Sison, despite the absence of any specific act of terrorism that can be ascribed to him, despite the absence of any kind of criminal charge or investigation involving him and despite the Hernandez doctrine in Philippine jurisprudence concerning political offenses and the absence then of any anti-terrorism law in the Philippines. The "terrorist" blacklisting of Prof. Sison by the US and other governments has placed him in a position worse than that of a convicted murderer. He is prohibited from gainful employment. He is deprived of his social benefits, including living allowance, housing, medical insurance, civil liability insurance and old age pension. His bank account is frozen. He is prevented from receiving royalty payments for the publication of his books. He is preempted from receiving compensation for damages due to him for winning his human rights case against the Marcos regime. His fundamental rights have been violated, including the right to the essential means of human existence, the right to the presumption of innocence, the right to defense, the right to be informed of reasons for the sanctions, the right to judicial protection, the right to private and family life, the right of free movement, the right against slander and defamation and the right to be secure against threats to life and reputation.
9. Out to please the US and Philippine governments politically, the Dutch government, with the open lobbying of Philippine authorities, pushed the Council of the European Union to blacklist Prof. Sison on October 28, 2002. Two days after the blacklist decision of the Council, the Dutch government repealed its blacklisting of Prof. Sison but persisted in violating his fundamental rights and causing material and moral damage to him by invoking the Council decision. The Dutch and British governments are the main interveners in support of the Council of the European Union in the case filed by Prof. Sison against the Council before the European Court of First Instance in Luxembourg since February 2003. The Dutch government is the main source of the lies given to the court that (a) Prof. Sison is liable for "terrorism" (and not for rebellion under the Hernandez political offense doctrine of Philippine jurisprudence) for being allegedly the Chairman of the Communist Party of the Philippines and head of the New People's Army and (b) the 1992 and 1995 judgments of the Dutch Council of State and the 1997 judgment of the REK on his asylum case held Prof. Sison liable for "terrorism" (contrary to the fact that these courts recognized him as a political refugee under Article 1 A of the Refugee Convention and as someone protected by Article 3 of the European Convention on Human Rights).
10. In 2005 Arroyo and her henchmen in the Cabinet Oversight Committee on Internal Security and the Anti-Terrorism Task Force started to escalate false accusations against Prof. Sison in the mass media and pushed military officers to file baseless charges of common crimes (like murder, robbery, kidnapping and the like) against him in connection with incidents ascribed to the New People's Army in various parts of the Philippines. The campaign of slander was obviously intended to reinforce the "terrorist" blacklisting of Prof. Sison by various foreign governments and to justify the intensified extrajudicial killing, abduction and torture of progressive legal activists. It was also intended to link Prof. Sison to a broad united front of legal political forces striving to lead the people to oust the Arroyo regime for having cheated in the presidential elections of 2004. The filing of criminal charges against Prof. Sison culminated in an omnibus charge of rebellion in April 21, 2006 against him and 50 other people, including underground revolutionary leaders, progressive congressmen and anti-Arroyo military officers. The purported facts of the charge of rebellion covered the entire period, from the founding of the Communist Party of the Philippines on December 26, 1968 to the filing of the charge on April 21, 2006 and disregarded the nullification of charges and the amnesty proclamations from 1986 to 1995.
11. On April 23, 2007 the Council of the European Union sent to Prof. Sison a letter with a one-page statement that repeats the two lies provided by the Dutch government, as mentioned in No. 9 above. On May 22, 2007 he sent a letter of reply and told the Council that the statement of lies had already been presented by the Council to the European Court of First Instance, has been debunked in court and does not amount to a statement of reasons as required of the Council by the court in cases of "terrorist" blacklisting. Then the Council made a new decision on June 28, 2007 blacklisting Prof. Sison on the basis of the aforesaid lies it had made before. This new decision of the Council is obviously intended to serially perpetuate Prof. Sison in the 'terrorist" blacklist, continually violate his fundamental rights, cause material and moral damage to him and undermine or render useless any favorable judgment of the European Court of First Instance on his case against the Council of the European Union.
12. The European Court of First Instance issued its judgment on the Sison case on July 11, 2007 annulling the decision of the Council placing him on the "terrorist" list and freezing his financial assets. The annulment is grounded on the Council's infringement of Prof. Sison's right to defense, its failure to give a statement of reasons from the second time that it blacklisted him and the violation of his right to judicial protection. The court does not require the Council to pay for the material and moral damages suffered by Prof. Sison due to its decision and fails to mention that the Dutch government has invoked the decision of the Council in order to inflict material and moral damages on him. However, the court requires the Council to pay for the costs of the litigation to the lawyers of Prof. Sison as plaintiff and the National Democratic Front of the Philippines as intervener. Insofar as it can be established that the Dutch government has directly inflicted material and moral damages on Prof. Sison, he can take legal action to seek compensation for such damages. But it can be expected that the Dutch government will resort to every legal trickery to evade accountability.
13. In the meantime, Prof. Sison has won a resounding legal victory in the Philippines. The Philippine Supreme Court issued on July 2, 2007 a judgment nullifying the omnibus charge of rebellion and all the supposed evidence from 1968 to 2006 against Prof. Sison and his 50 other co-accused. In effect, the supposed evidence cannot be used again against all or any of them in any new charge. The solicitor general has publicly admitted that the value of the state's stock of purported evidence has been wiped out. This is the latest instance when Prof. Sison is cleared of a criminal charge. It previously happened in 1986, 1992, 1994 and 1998. At this moment, the Philippine and foreign governments persecuting Prof. Sison should be at a loss in holding him liable for any criminal offense or any semblance of this. The Philippine government can fabricate a charge of rebellion against Prof. Sison only from the date after April 21, 2006 and a charge of "terrorism" from July 15, 2007 which is the date the Human Security Act of 2007 became effective. However, the Human Security Act of 2007 is now under fire by a broad range of democratic forces, human rights organizations and legal experts in the Philippines and abroad for being patently unconstitutional.
Prof. Sison has won a significant legal victory with the July 11, 2007 judgment of the European Court of First Instance. But he still needs to complete his legal victory by contending with the preemptive June 28, 2008 decision of the Council retaining him in the "terrorist" blacklist and by filing a new application for annulment of said decision insofar as he is concerned. He still has to defend his fundamental rights and demand compensation for the material and moral damages inflicted on him.
We expect that the Philippine, US and Dutch governments will continue to persecute Prof. Jose Maria Sison by using against him their political power and the existing fascist "anti-terrorism" laws and decisions that they have devised in order to justify state terrorism and wars of aggression. We need to continue and intensify both the political and legal struggles of democratic forces and the people of the world in order defend the fundamental rights of Prof. Sison and other victims of the global trend of fascisation and aggressive wars generated by the imperialist powers and their reactionary puppets.
We must struggle to stop immediately the persecution of progressive leaders like Prof. Jose Maria Sison and the suppression of anti-imperialist and democratic forces and peoples fighting for national liberation, greater freedom, social justice, development and world peace!!!
Ruth de Leon
International DEFEND Committee
Once again, 1.3 million students take the National Career Assessment Examination (NCAE) today.
For those who haven't read our past statements on the exam read this
Inquirer letter to the editor and this past blog post
Some high school students led by the LFS boycotted the exam
today and trooped to the Department of Education (DepEd) to protest.
The DepEd refused to have a dialogue with the students and instead kept on feeding false arguments to the media to justify their imposition.
I have been thinking of easier ways to illustrate the DepEd's subservience to the interests of foreign mutinationals and blind adherence to globalization recommendations because the media seems to have a hard time picking up this important point in the argument against the NCAE.
Thus, today's LFS message to DepEd: stop acting like a recruitment agency for multinationals and instead provide quality and accessible education for Filipinos.
Here's our news on our statement for today:
LFS members boycott NCAEContinue reading this entry >>
Tells DepEd to ‘stop acting like a recruitment agency’
High school members of the League of Filipino Students (LFS) boycotted the National Career Assessment Examination (NCAE) today and instead trooped to the Department of Education (DepEd) to protest the career exam.
“The DepEd has turned into the country’s largest recruitment agency for multinational companies,” said Vencer Crisostomo LFS national chairperson.
“We must remind Jesli Lapus that the Department’s job is not to create cheap semi-skilled labor for call centers and voc-tech companies but to provide quality education for our students,” he explained.
The students led by LFS boycotted the exam in belief that the NCAE’s goal is to “discourage the students from taking up college courses and is instead an authoritarian measure to force them to take up voc-tech.”
“The DepEd want to force us to go to voc-tech instead of going to college just because that is what’s in-demand. But what will happen if five, ten years from now the market changes its demands and these jobs goes out of uso? What will happen to those students that we misled into not taking up college?” he explained.
Crisostomo said “that it is not the government and the DepEd’s job to dictate what jobs or career paths the students must take. Rather, the DepEd should provide our students, through basic and secondary education, the basic knowledge and skills to prepare them for whatever life choices they would like to take.”
He said that the DepEd might even be considered violating important provisions of Batas Pambansa 232 or Education Act of 1982, stating that “no one should dare mess with students’ rights to choose their college specification preferences.”
“This is another case of blind adherence to recommendations of IMF-WB and ADB, that our role in the global market is to provide ‘cheap semi-skilled laborers,’” he said.
Crisostomo also called for public access and transparency in the results of the exam. “Given the record of this government in its puppetry and blind worship of foreign, pro-globalization dictates, we will not be surprised if the exam results were twisted and/or tampered to support these recommendations,” he said.
The LFS vows to block the passage of the NCAE as a mandatory exam in Congress. “With the support of our teachers, school administration, and parents, will strongly oppose the proposal to make the NCAE mandatory. We are confident that the sentiments of most parents, teachers and high school students nationwide are with us,” he said.
“The ‘job mismatch’ they are talking about is above all in the DepEd secretary’s office. There is indeed a job mismatch, when a government department which is supposed to provide us with quality and affordable education for Filipinos, chooses to play the role of a recruitment agency for call centers and multinational companies, making sure they have enough cheap labor workers at their disposal. This is deplorable,” said Crisostomo.
Saturday, August 18, 2007
Anybody who's experienced waiting in an ER of any public hospital in Metro Manila will go crazy upon seeing this movie. I doubt if this film is going to land in our cinema houses but if it does, we'll sure have more people shaking their heads in freaking disbelief in how our health system works, maybe even raising their fists in anger.Micheal Moore
, shakes up the American population by making them realize that the health system of the world's most powerful nation is hella fucked up. Moore brings a boatload of lung-sick firemen, heroes of 9/11, which were neglected by American hospitals, to Cuba (yes, socialist Cuba), and gets them the medical care they need. That's super.
, Micheal Moore's most recent documentary on the problems of America's privatized health system. This is one of the best movies I've seen this year. You just can't not watch it.Here's
a review from rollingstone.com:
Note to the president: Here’s your chance to lock up Michael Moore. The radically fierce and funny fireball he aims at our health-care system is a flat-out invitation to steal. First, Moore shows us how France, England, Canada and – yikes! – Cuba actually help sick people instead of letting them wither and die for lack of health insurance. Then he instructs us to loot those places for ideas. Anti-American? Hell, no. Moore argues that if another country builds a better car, we buy it. If it crafts a better wine, we drink it. Why not free universal health care?Here
's another from flickfilosopher:
I can’t imagine a more important movie being released this year. I can’t imagine another movie making me feel so ashamed for America as a whole, or doing so with more justification. Damn you, Michael Moore, and bless you, for having the temerity and the guts and the balls to do what hardly anyone else is doing these days: yelling from the rafters that we are supremely fucked up as a nation, hollering about the very viable options we have to fix the mess if only we grew some backbone, and screaming with sincere conviction that it’s long past time to revolt.
Download it via torrent here
If anybody knows where we can watch it online, please throw in a comment.Continue reading this entry >>
Wednesday, August 15, 2007
I’m back blogging. I regret not being able to update my blog for months, I just hate the feeling you get when you're making up for lost blog moments. Lots of catching up to do.Bouncin’ with the beat.
These past few months, we "got down with it" and turned hip-hop. Thanks to Kiwi
and the Fil-Am friends who held their integration here in the Philippines, we got ourselves a sense of rhyme and rhythm. Sarah
and her gang even got to organize this hip-hop gig
with Gloc9, a Filipino rapper popular for his fast tongue and slick lyrics. Read
Nato’s post and links.“Anti-terror” treat. Here’s
an anti-terror propaganda poster you’d want to reproduce and post. Let’s just say the “most wanted people” in the list are "special" (they have a hell lot more evil to go with their ugly faces).Get off that classroom seat!
Must read: Mula Tore Patungong Palengke,
a collection of essays on the Philippine educational system edited by Bienvenido Lumbera
, Roland Tolentino
and Arnold Alamon. Reviews here
.Yah feelin' me now? :)Continue reading this entry >>
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