UPDATES AND ACTION POINTS IN THE SITUATION OF
SENATOR LEILA DE LIMA (AS OF 15 JANUARY 2018)
1. Living and Work Conditions A. LACK OF NECESSITIES AND WORK TOOLS
i. no air conditioning unit (despite physician’s recommendation) ii. no gadgets (cellphone, tablet, laptop) and no internet access iii. no basic appliances, such as TV and radio • Letter request to PNP Director General Ronald Dela Rosa in September still unacted upon
B. INSPECTION AND CONFISCATION OF DOCUMENTS
i. randomly, police sentries inspect documents for Senator Leila M. De Lima (SLML), and in one (1)instance, they confiscated alleged contraband items (photos of supporters with placards/sign boards saying “Free Leila”, “No to EJKs” etc) ii. for that confiscation, a staffer was issued a “stern warning” memo • Exchanges of complaint letter, comment, and reply were made regarding the inspection and confiscation incidents [Gen Dela Rosa has a totally different version of the events, main taining that his men were just doing their job and doing it correctly] • A letter to Gen. Dela Rosa asking for clarifica- tion on the scope of so-called “reasonable censorship” is still unacted upon [mentioning that SLML, as a sitting Senator, is privy to some privileged and confidential information, and as an accused, she is a sender and recipient of privileged attorney-client communi cations] • A press conference in late November was held mentioning this incident, with Atty. Alex Padilla, as counsel of SLML saying that the legal team is exploring the option of filing a formal complaint
C. DENIAL OF FOREIGN VISITS
i. In four (4) occasions, visits of foreign guests were barred despite observance of the supposed 10day period to secure clearance from PNP - in July, with Liberal International’s President Dr. Julli Minove; - in August, with the members of the ASEAN Parliamentarians for Human Rights [APHR]; - in November, with the members of the Global Progressive Forum [GPF]/members of European Parliament [EP]; - in December 8, with members of the Asia Pacific Forum [APF] of National Human Rights Institutions [NHRIs])
• First three (3) visits that were barred were subject of a letter complaint to Gen. Dela Rosa • Some news articles came out regarding the first three (3) failed visits • The failed visits were a main topic during the November presscon with GPF visitors and Atty. Alex Padilla • SLML and her legal team are contemplating legal actions, including filing of suits against PNP authorities [just concerned about any backlash on the personal/living conditions of SLML]
E. MORE RESTRICTIONS
D. NO LEGISLATIVE FURLOUGH
i. Despite motions asking for leave of court with the SC and the RTC, requests have been unacted upon ii. Colleagues in the minority of the Senate filed in May and September a resolution urging that SLML be allowed occasional legislative furlough iii. Resolutions from EP in March and IPU in Octo- ber, including a letter from EP’s head of Human Rights Subcommittee, have urged Philippine government to allow furloughs • This is also mentioned in the November press con • SLML will just continue filing motions in court to be allowed to attend important sessions of the Senate and congress, especially if se- ssions/meetings concern critical measures or legislation of national importance
i. Only members of her immediate family and select office staff are permitted to see her in her living quarters, in a limited duration of 30 minutes and on a one-on-one basis only [no group meetings] ii. Other visitors (other relatives, other staff, friends and supporters) see her in a designated receiving area (loaded with CCTVs and in the hearing distance of police sentinels), about 100 meters away from the living quarters iii. While watching TV in the designated area has been allowed, it is permitted only occasionally for important congressional hearings and where there are prior written requests, which are subject to the whim of the person in-charge of the custodial center iv. The limited set of people able to see SLML in her living quarters will have to pass through three (3) closed gates with the last being bolted and padlocked (you have to shout and ask for the police officer with the custody of the key to unlock the last gate) v. Security measures during SLML’s attendance in court hearings have become much stricter, even barring media ambush interviews and even SLML’s simple gesture of waving at her supporters
2. Case Updates A. IN MUNTINLUPA RTC BRANCH 204 CASE (DRUG TRADING CASE)
i. No-bail arrest warrant being served upon SLML on drug trading charge ii. Legality of arrest and detention (questioning legal and factual bases, and jurisdiction of the RTC) subject of the petition with the SC - In October, majority of nine (9) justices ruled to dismiss the petition - In November, SLML filed a motion for reconsi deration of the SC decision; the Solicitor Gene ral still has to comment; SLML’s MR is still unre solved iii. DOJ filed a motion to admit amended Information changing the charge from drug trading to conspiracy to trade drugs, and excluding one (1) accused [Ragos] from the amended Information to turn state witness.
iv. SLML filed an opposition stating that the amendment is actually a substitution where the crime charged itself is being changed [violative of the Constitutional provision on the right of the accused to know the nature and cause of accusation; the new Information remains void as it fails to allege any corpus delicti [no allegation as to drugs, money, buyer and seller] v. Judge Guerrero granted the motion to admit and so admitted the amended Information. SLML filed a motion for reconsideration. vi. In its 4 January 2018 Order, Judge Guerrero issued an order inhibiting himself from the case. The case is subject of re-raffle on 22 January 2018. vii. In the meantime, the arraignment set on 24 January 2017 is cancelled.
B. IN MUNTINLUPA RTC BRANCH 205 CASE (DRUG TRADING CASE) i. Same as in (i), (iii) and (iv) in Branch 204 case ii. DOJ motion to admit amended Information is submitted for resolution iii. Further proceedings, including arraignment, subject to further notice
C. IN MUNTINLUPA RTC BRANCH 206 CASE (DRUG TRADING CASE)
i. Same as in (i) and (iii) in Branch 204 case ii. SLML to filed her opposition to the DOJ motion to admit amended Information on December 26 iii. DOJ is expected to file a reply to SLML’s opposition, after which the DOJ motion will be submitted for resolution iv. DOJ is expected to file a reply to SLML’s opposition, after which the DOJ motion will be submitted for resolution
D. IN QC METC BRANCH 34 CASE (DISOBEDI ENCE OF CONGRESSIONAL SUMMONS) i. Cong. Rey Umali, as prosecution witness, testified on direct examination ii. Cross examination of Umali commenced on 5 January 2018; to continue on 6 April 2018.
3. Other Developments A. AWARDS AND RECOGNITIONS
i. SLML recently won the LI’s 2018 Prize for Freedom - arrangements as to actual awarding (and related activities) still to be negotiated - given the experience of foreign visitors being barred from seeing SLML, LI’s Markus Loening is inclined to hold the awarding ceremony in Brussels or any other key European city to provide extra spotlight on the award and the situation of SLML ii. SLML won for two (2) years in a row (2016 and 2017) the Global Thinker award of Washington DC-based Foreign Policy magazine iii. SLML is adopted as a “prisoner of conscience” by Amnesty International iv. SLML is called “political prisoner” of LI and the Human Rights Watch (HRW) v. HRW will mention SLML and her situation in its 2017 yearend report to come out in January 2018 vi. SLML will be called a “democracy fighter” in the upcoming yearly report of Council of Asian Liberals and Democrats (CALD) vii. SLML was mentioned as a global woman human rights defender by Human Rights Watch viii. SLML is a nominee in the Most Distinguished Human Rights Defender category of Amnesty International’s (Philippines) 2017 Ignite Awards
B. RECENT NOTABLE MEDIA MENTIONS
i. The incident about Pope Francis sending a rosary to SLML created a PR stir, with no less than the President and his spokesperson reacting wildly ii. The winning of SLML as one of the 50 Global Thinkers for 2017 by Foreign Policy spurred a “word war” between SLML and Sec. Harry Roque iii. SLML’s message on International Human Rights Day (December 10) called for urgent actions: - from the UN GA (for resolution condemning the EJKs), from the UN HRC (for creation of a com mission of inquiry, or investigative commission), from the ICC (to initiate preliminary examination), from the Phil Exec Dept (to finally invite SR Callamard) - for global solidarity and citizen action against the EJKs in the Philippines and other gross HR violations
C. HIGH PROFILE VISITS AND ARRANGEMENTS FOR THE HOLIDAYS
i. OSLML staffers were able to hold a Christmas party with SLML on December 15 ii. SLML was visited separately by Sen Kiko Pangilinan and Sen Sonny Trillanes; others in the Senate minority visited as well [Sen Risa on December 26 with the Magnificent Seven of the lower house; Sen Bam Aquino and Sen Kiko on December 21; Sen Frank Drilon after the new year] iii. Former CHR Chair Etta Rosales and other human rights and women groups’ leaders visited SLML on December 10, International Human Rights Day iv. Requests for extended visiting hours for family and close relatives verbally approved for Christmas day and New Year
4. Recommendations for Urgent Actions THERE ARE ACTIONS THAT ALLIES AND SUPPORTERS MAY TAKE RIGHT AWAY, OR EXPLORE WITH SLML AND HER TEAM REGARDING THE FOLLOWING: a. Re: living and working conditions b. Re: inspection and confiscation of documents c. Re: denial of high profile visits of foreign dignitaries d. Re: developments in the critical cases e. Re: continued personal attacks and demonization by the President and his men (including Harry Roque) BY WAY OF SUGGESTION AND AS EXAMPLES, FRIENDS AND ALLIES MAY COME OUT WITH: a. Resolutions or public statements raising grave concerns on the living and work condi tions of SLML, and the progress (or lack of it) of her cases b. Resolutions or public statements voicing out its condemnation of the continued base less attacks and demonization of SLML by the President, his spokesperson and other allies c. Resolutions or public statements commen ding the recognitions and awards of SLML for her work, and supporting some of her major positions on public issues (those primarily related to human rights, rule of law, demo cracy and Philippine sovereignty)
“Down to my last breath, I will stand with what is right, with truth, with justice, with democracy. I will stand with the Filipino people.” -Sen. Leila M. de Lima
OFFICE OF SEN. LEILA M. DE LIMA Rm. 502 & Extension Rm. 16 GSIS Bldg., Financial Center, Roxas Blvd. Pasay City | Tel. No.: 552-6601 to 70 loc 5750
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