Canadian lawyers join calls to free 'Morong 43'

Canadian lawyers have joined calls to free 43 health workers arrested in Morong (Rizal) last February after government security forces suspected them to be New People's Army (NPA) rebels. Lawyers’ Rights Watch Canada (LRWC) wrote a letter to President Benigno Simeon Aquino III and Justice Secretary Leila de Lima to free the 43 detainees. "NGOs around the world have expressed the opinion that the charges against the 43 healthcare workers are trumped up and the evidence against them fabricated to ensure false convictions and have called for their unconditional release… LRWC—as a result of our own investigations—agrees with this assessment," said LRWC executive director Atty. Gail Davidson in the letter to Aquino and De Lima. "LRWC is further of the opinion that the charges against the 43 health care workers (illegal possession of firearms and explosives and violation of the Commission on Elections gun ban) are not sustainable and cannot result in bona fides convictions before a properly constituted court because of tainted evidence, denial of rights to timely access to counsel, due process and a fair trial and illegal treatment during arrest and imprisonment," Davidson added. Excerpts of the letter were posted Thursday on the Catholic Bishops' Conference of the Philippines news site. The 43 were arrested last February 6, while on training in a private farm owned by University of the Philippines professor emeritus Melecia Velmonte. At present, 38 of the detainees have been transferred to Camp Bagong Diwa in Taguig City while the five have chosen to remain at Camp Capinpin in Tanay, Rizal. Hoax? Davidson said their investigation concurred with the assessment of other non-government organizations and Church groups that the Morong 43’s case is a hoax. Likewise, Davidson stressed that the evidence upon which the 43 workers are being held, on non-bailable offenses, were obtained under circumstances that either forbid admissibility in a court of law or destroy reliability. "For example, alleged statements by the five people still held separately (that they are members of the New People’s Army) appear inadmissible by virtue of the illegal treatment used to obtain the statements which available reports indicated included torture and other cruel, inhuman and degrading treatment, denial of access to lawyers, bribery and intimidation," she said. 'Professional review' LRWC also called on the Commission on Human Rights under former party-list representative Loretta Ann Rosales to "ensure a professional review of allegations that evidence against them (Morong 43) has been fabricated or illegally obtained." It called on the CHR to ensure the 43's rights to due process and a fair trial and to remedies for the violations their internationally protected rights have already been so severely impaired. Davidson also scored the slow trial for the appeal of the plaintiffs for the writ of Habeas Corpus, which has stalled for eight months, she said. "This delay raises the concern of executive interfere—again fatal to the legitimacy of the procedure," she said. The group also highlighted the community service records of the accused, saying they are not criminals of any sort. "We urge a solution before more damage is done [against the accused]," Davidson said. LRWC also urged the Aquino government to immediately release Mercy Castro, who is about to deliver her baby on the 27th and Carina Judilyn Oliveros, as their continued detention can have a long term negative impact to the newborn. On Sunday, deputy presidential spokesperson Abigail Valte asked the public to give De Lima enough time to review the Morong 43 case. (See: Aquino asked to release pregnant ‘Morong 43’ member) "Kabibigay lang ng directive last week. Wala pa pong sapat na oras si Secretary De Lima na i-review ang kaso… Hintayin po natin," Valte said in an interview on government-run dzRB. (The directive was just given last week, and Secretary De Lima doesn't have enough time yet. Let's give her some time.) — RSJ, GMANews.TV