NO SCOOP IS WORTH SENDING AN INNOCENT MAN TO JAIL

PRESS STATEMENT
AUGUST 7, 2007

NO SCOOP IS WORTH SENDING AN INNOCENT MAN TO JAIL

Once again, a member of the Muslim community was arrested without warrant. Once again, someone was subjected to physical abuse to force him to admit to a supposed terrorist plot. Once again, there is an attempt to hoodwink the public and to prostitute the judicial process through evidence that was not only unconstitutionally obtained but all indications point to its spurious nature. Once again, there is an attempt to earn media mileage points at the expense of protecting the public by going after those who are truly guilty. Once again, an excuse is being manufactured to have another escalation of hostilities in Mindanao .

Around two weeks ago, a poor man from a far-flung farming village in Maguindanao came to Metro Manila on board a ship in search of a way out of poverty. His name is Kaharudin Talib and like many others from Mindanao and other parts of the country, his route out of poverty is to land a menial job in the Middle East as an OFW. For this purpose, he obtained a passport and set a day to go to the recruitment agency.

But Kaharudin’s hope – a hope which countless other poor people in this country share - suddenly vanished last Friday, August 3, 2007, WHEN HE HIMSELF VANISHED. On that day, he was picked up and arrested WITHOUT A WARRANT by joint elements of the PNP-SPD and ISAFP. And for three straight days and nights, he was held incommunicado. Frantic families and neighbors sought the help of lawyers whose efforts to locate him were unsuccessful. The PNP-SPD denied that they have custody and instead pointed to the ISAFP. But the ISAFP also denied having custody over him and, as if playing a sort of SICK GAME only they can possibly find amusing, likewise pointed to their counterparts in the PNP-SPD as the ones with custody.

This, in itself, already indicates a sinister plan by the PNP and ISAFP.

But what is an even stronger indication of a sinister plan was what transpired the day following Kaharudin’s arrest. On Saturday afternoon ( August 4, 2007 ), members of the PNP went to Kaharudin’s residence and AGAIN WITHOUT A WARRANT AND WITHOUT COORDINATING WITH BARANGAY OFFICIALS as they are required under the law searched his place for supposed bombing implements. The search was initially conducted in the presence of Kaharudin’s housemates. But when no evidence was found even after each nook and cranny was searched, THEY ORDERED EVERYONE TO STEP OUTSIDE THE HOUSE. Only after giving themselves moments to search the house without effective supervision and witnessing did the cops allow the residents to step inside. AND LO AND BEHOLD! It was only then that a bomb was “found”.

The other evidences are of equally spurious nature. Even disregarding the constitutional inadmissibility of the supposedly incriminating text messages, the nature of those messages proves their manufactured nature rather than the guilt of Kaharudin. Why would supposed terrorists send messages in plain Tagalog? Why not in his dialect? To make their incriminating nature more obvious for the media and the public? To make it easier to convince the public that this person is really a terrorist? Wouldn’t anyone engaged in a sinister crime at least try to hide their crime by sending instructions in coded messages? Who sent those messages? Even a stranger who has someone else’s number can easily send such an incriminating message if he wanted to produce an “evidence” against that person. And when were those messages sent? Before or after the arresting officers had already possession of it? Sadly, these questions cannot be resolved as of now because THE POLICE REFUSED TO ALLOW ANYONE BUT THEMSELVES TO SEE THOSE TEXT MESSAGES, a clear indication that it is of spurious nature.

These and many other sinister aspects surrounding Kaharudin’s arrest and the attempt to pin a crime on him are the reasons why we, members of several law groups, have taken an interest in this case. NOT ONLY ARE THE BASIC CONSTITUTIONAL RIGHTS OF A PERSON INVOLVED IN THIS CASE BUT THE SPURIOUS NATURE OF THE SUPPOSED “EVIDENCE” AGAINST HIM STRONGLY INDICATES HIS INNOCENCE.

But this case involves not just Kaharudin and his family and friends. The public themselves have an utmost interest in this case. The public has a right to be protected from heinous crimes like terrorism. But when law enforcement agencies insist on pinning an act of terrorism on a clearly innocent person, AREN’T THEY IN EFFECT LETTING THE TRUE CULPRITS GO FREE??? Is their need to show to the public concrete results in their counter-terrorism campaign so strong that they don’t mind apprehending innocent people and letting guilty ones free??? Do such conduct from law enforcement and security agencies lead to better protection of the public, or are they only exposing the public to more risks? In other words, do the PNP and ISAFP deserve commendation or condemnation for the arrest of Kaharudin.

We are aware that the PNP, through one member of the media, presented a supposed confession by Kaharudin. But:

WHEN YOU BEAT UP A PERSON, HOLD HIM INCOMMUNICADO FOR 3 DAYS AND NIGHTS, PREVENT HIS FAMILY AND LAWYER FROM SEEING HIM, AND WHILE IN AN ENCLOSED POLICE STATION SURROUNDED BY THE VERY SAME PEOPLE WHO MOST LIKELY MANHANDLED HIM, ASK HIM LEADING QUESTIONS WHEN BEING INTERVIEWED BY A SOLE MEMBER OF THE PRESS …IT WOULD BE A MIRACLE IF HE DOESN’T OWN UP TO ANY CRIME YOU ASCRIBE TO HIM, EVEN THAT OF ASSASINATING JOHN F. KENNEDY AND NINOY AQUINO!!!

Thus, we remind our friends in the media of their profession’s code of ethics. We urge them not to allow themselves to be used in the abuse of a person’s constitutional rights.

THERE IS A THIN LINE BETWEEN GETTING A SCOOP AND BEING MADE A PARTY TO A POLICE INTERROGATION AND ILLEGAL CONFESSION. NO SCOOP IS WORTH SENDING AN INNOCENT MAN TO JAIL.

ASSOCIATION OF MUSLIM ADVOCATES OF LAW
BANGSAMORO LAWYERS NETWORK, INC.
MUSLIM LEGAL AID FOUNDATION, INC.

Basilan Offensive: Limited Police Action or All-Out War in Disguise?

Press Statement

BASILAN OFFENSIVE: LIMITED POLICE ACTION
OR ALL-OUT WAR IN DISGUISE?

“Limited police action”, that is how the hawks in government and military describes the impending offensive in Basilan to assure the people that it will not lead to another all-out war. We have heard this phrase before.

In year 2000, this was also the phrase used in the aftermath of the Ozamiz ferry bombing. In year 2003, it was again used in the aftermath of the Davao city airport and wharf bombings. And from what transpired in those years, we all know the truth behind that phrase – ALL OUT WAR!

The 2000 and 2003 all-out wars led to thousands of deaths - combatants and civilians alike - and a million and a half internally displaced people. The reconstruction and return of the refugees have not even been completed and yet we are staring at the specter of another all-out war as a consequence of the Basilan encounter between the Armed Forces of the Philippines (AFP) and the Bangsamoro Islamic Liberation Front (BIAF).

Therefore, we who come from various sectors and civil society organizations, who represent the true stakeholders of the Mindanao Peace Process, whose voices are drowned by the drums of war and jingoist calls for revenge, declare the following:

1. We condemn in no uncertain terms any and all atrocities and human rights abuses or any failure to respect the provisions of Protocol II of the Geneva Conventions BY ANY SIDE to the Mindanao Conflict;
2. We are disturbed at the attempt to exploit the legitimate outrage over the Basilan incident into calls for all-out war and abandonment of the GRP-MILF Peace Process;
3. We are disturbed at the disproportionate media coverage of atrocities committed by identified as Muslims versus those committed against them;
4. We strongly condemn the efforts to manipulate public opinion into acquiescing to another all-out war disguised as another “police action”;
5. We appreciate and commend the intense efforts of responsible people of both the AFP and the BIAF, as well as the respective peace panels of the Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF) and their respective ceasefire committees (CCCH) to defuse the volatile situation. We are aware of their difficult task made more difficult by the noise of the warmongers;
6. We also appreciate and commend the International Monitoring Team (IMT), and members of the international community particularly the governments of Malaysia, Japan, Canada, the United States, the European Union, and member countries of the Mindanao Trust Fund of the World Bank who have joined the calls for sobriety and reason;
7. We call on the Filipino public to educate themselves on the roots of the Mindanao conflict and not to take events into isolation but rather put it into the context of the long history of the conflict. We call on you to exercise your reason and to bear in mind that joining the calls of war will lead to the suffering of millions of people of all faiths in Mindanao;
8. We call on the media to observe the code of ethics of their profession and to be balanced and responsible both in their reporting and editorials;
9. We join the earlier calls of both government and civil society leaders in Mindanao (Mindanao Peaceweavers, Presidents of Catholic Universities and Colleges in Mindanao, Consortium of Bangsamoro Civil Society, ARMM Business Council, ARMM Regional Government) call on the government to refrain from any act that will irreversibly injure not only the peace process but also the welfare of the peoples of Mindanao;
10. We demand from the AFP and the BIAF to strictly adhere to their agreed upon ceasefire mechanisms as the only way to prevent repetitions of the Basilan encounter; and,
11. And we demand on all parties concerned, particularly the GRP and the MILF, to ensure sustainable peace by earnestly addressing the root causes of the Mindanao Conflict.


NO TO ALL OUT WAR IN MINDANAO DISGUISED AS LIMITED POLICE ACTION!

NO TO WAR, YES TO NEGOTIATED SOLUTION OF THE MINDANAO CONFLICT!

RESPECT THE CEASEFIRE MECHANISMS OF THE GRP-MILF PEACE PROCESS!

GUARANTY SUSTAINABLE PEACE BY ADDRESSING ROOT CAUSES OF THE MINDANAO CONFLICT!

Alliance of Muslim Advocates of Law (AMAL)
Assembly of the Dar’ul Ifta
Bangsamoro Lawyers Network (BLN)
Bangsamoro Center for Law and Policy (MoroLaw)
Consortium of Bangsamoro Civil Society (CBCS)
Mindanao Interfaith for Human Rights Advocacy (MIHRA)
Mindanao Solidarity Group
Young Moro Professionals (YMP)