36 intl groups call for justice in Maguindanao massacre trial

Thirty-six international groups this week called for freedom of expression and justice in the ongoing trial of the suspects in the 2009 Maguindanao massacre. The 36 groups, all members of the International Freedom of Expression Exchange (IFEX), were joined by the Centre for Law and Democracy and the National Union of Journalists of the Philippines (NUJP). In the letter addressed to Court of Appeals (CA) justices led by Presiding Justice Andres Reyes Jr., the signatories voiced concern over the CA’s April 12 resolution. The resolution requires Monette Salaysay and Rowena Paraan to explain why they should not be held in contempt for comments attributed to them in an article in the Philippine Daily Inquirer on the Maguindanao massacre trials. “We therefore call on members of the Court of Appeals of the Philippines to withdraw the Resolution immediately," they said in the June 1 letter posted Friday on the website of the Canadian Journalists for Free Expression. "We urge the Justices to instead recognise the obligation of the judiciary to uphold the right to freedom of expression, in accordance with the international and constitutional obligations of the Philippines," they added. “More than 18 months since the massacre horrified the world, it is imperative that the judiciary and courts of the Philippines ensure that the focus of judicial actions is the prosecution of all those responsible for ordering and undertaking this horrendous crime, rather than permitting continued distractions," they added. Copies of the letter were sent to President Benigno Aquino III, Chief Justice Renato Corona, Justice Secretary Leila de Lima, and Commission on Human Rights chairwoman Loretta Ann Rosales. They noted that the resolution against Salaysay, whose husband Napoleon was among 32 media workers murdered in the November 23, 2009 massacre, and Paraan, the Secretary General of the NUJP, puts both women at risk of a jail term and financial punishment. “It remains unclear whether the petition was initiated by defense lawyers or independently by five justices of the Court of Appeals. We note however that the resolution is remarkably similar in argument and tone to a paid advertisement which had been placed in national dailies by the accused, Zaldy Ampatuan, whose case gave rise to the statements which are the subject of the Resolution," they said. The CA resolution accused Salaysay and Paraan of “foisting bias and corruption upon the members of the court" through their statements. In substance, the statements attributed to Salaysay and Paraan noted that although Associate Justices Danton Bueser and Marlene Gonzales-Sison recused themselves in the case of Andal Ampatuan Sr., they did not do so in the case of Zaldy Ampatuan. The statements questioned this apparent inconsistency. “As we gather in Lebanon for the bi-annual conference of IFEX, the international community of freedom of expression and press freedom defenders, we are alarmed at the chilling effect of the contempt Resolution, along with separate contempt claims against several prosecutors," the signatories said. They said the right to freedom of expression, as protected by Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and of the Universal Declaration of Human Rights, and by the Constitution of the Philippines, imposes strict limits on the ability of courts to restrict freedom of expression to protect the administration of justice. “No restrictions on reporting on ongoing legal proceedings may be justified unless there is a substantial risk of serious prejudice to the fairness of those proceedings and the threat to the right to a fair trial or to the presumption of innocence outweighs the harm to freedom of expression," they said. Signatories International Federation of Journalists Aliansi Jurnalis Independen (Alliance of Independent Journalists) Arabic Network for Human Rights Information ARTICLE 19: Global Campaign for Free Expression Association of Caribbean Media Workers Cambodian Center for Human Rights Canadian Journalists for Free Expression Center for Journalism in Extreme Situations Center for Media Freedom and Responsibility Center for Media Studies & Peace Building Centre for Independent Journalism Centro de Reportes Informativos sobre Guatemala Egyptian Organization for Human Rights Foundation for Press Freedom Freedom Forum Freedom House Free Media Movement Globe International Hong Kong Journalists Association Independent Journalism Center Index on Censorship IPS Communication Foundation Maharat Foundation (Skills Foundation) Media, Entertainment and Arts Alliance Media Foundation for West Africa Media Institute of Southern Africa Media Rights Agenda Media Watch Mizzima News National Union of Somali Journalists Norwegian PEN Observatoire pour la liberté de presse, d’édition et de création Pacific Islands News Association Pakistan Press Foundation Southeast Asian Press Alliance South East European Network for the Professionalization of the Media Non-IFEX signatories: Centre for Law and Democracy (CLD) National Union of Journalists of the Philippines (NUJP) - VVP, GMA News