[Document] Position Paper of the United Against Torture Coalition on the National Preventive Mechanism


By Atty. Ricardo Sunga III

Within one year from ratification of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, the Philippines is obligated to establish a national preventive mechanism. It is one or several visiting bodies, set up, designated or maintained, at the domestic level, for the prevention of torture and other cruel, inhuman or degrading treatment or punishment.

There is range of possible forms that the National Preventive Mechanism (NPM) can take. This paper explores them. Section I of this paper considers the standards that the NPM must observe. Section II critically examines the various possible forms of the NPM through the lens of these standards.

This paper was written by Atty. Ricardo A. Sunga III for the United Against Torture Coalition in 2012.

Ricardo Sunga III, LLB (University of the Philippines) and LLM (University of New South Wales), is a member of the Philippine Bar. He has been a professorial lecturer at the University of the Philippines College of Law, and is currently a Law Reform Specialist of the University of the Philippines Institute of Human Rights. He is also the Regional Coordinator for the National Capital Region of the Free Legal Assistance Group, an organization of human rights lawyers.

NPM_BLK

Photo File: Courtesy of www.justiceinspectorates.gov.uk

You can download the UATC Position Paper here.

UATC-NPMPositionPaper

[Video] Death Penalty: Facts and Figures of 2013


By Amnesty International

The death penalty is a premeditated and cold-blooded killing of a human being by the state in the name of justice. It violates the right to life as enshrined in the Universal Declaration of Human Rights. The human rights organizations around the world have been opposing the use of death penalty in all cases without exception regardless of the nature of the crime, the characteristics of the offender, or the method used by the state to judicially execute anyone. It is not only legally and morally wrong, it is practically unacceptable as well.

  • It is not necessary for an effective system of criminal justice. The deficiencies in due process is irreparable.
  • There is nothing that can justify the taking of any life. Its sever social costs and values disintegration outweigh against its supposed social benefits.
  • The financial burdens it puts on the state are far heavier than those of a system that includes only life imprisonment without parole.

Death to Death Penalty! Watch the video at  http://www.youtube.com/watch?v=1VZjD96C9uk

Embed:

[In the Web] What Crime Deterrence?


By Benedicto Sanchez

Pro-Capital Punishment advocates claim that death penalty can “strike fear in the hearts of the criminals.” This is what the writer, Mr. Benedicto Sanchez is trying to refute by  using the Amnesty International Philippines myth-busters contesting the efficacy of the death penalty.

Here are some interesting conclusions he presented.
MYTH #1: The death penalty deters violent crime and makes society safer.

FACT: There is no convincing evidence that the death penalty has a unique deterrent effect. More than three decades after abolishing the death penalty, Canada’s murder rate remains over a third lower than it was in 1976.

A 35-year study compared murder rates between Hong Kong, where there is no death penalty, and Singapore, which has a similar size population and executed regularly. The death penalty had little impact on crime rates. In the Philippines, former Sen. Joker Arroyo, a long-time human rights lawyer and activist, asserted that the revival of the death penalty from 1993-2004 failed to reduce the number of violent crimes.

MYTH #2: The threat of execution is an effective strategy in preventing terrorist attacks.

FACT: The prospect of execution is unlikely to act as a deterrent to people prepared to kill and injure for the sake of a political or other ideology. Some officials responsible for counter-terrorism have repeatedly pointed out that those who are executed can be perceived as martyrs whose memory becomes a rallying point for their ideology or organizations.

Khalid al-Mihdhar, Nawaf al-Hazmi, hijacker-pilots Mohamed Atta, Marwan al-Shehhi, and Ziad Jarrah looked forward to becoming shaheeds (martyrs) to earn their perpetual 72 virgins – and they did in 9/11.

MYTH #3: All people who are executed have been proven guilty of serious crimes.

FACT: With the advance of forensic science, the USA finds itself exonerating 144 death row convicts recorded in the USA since 1973 showing that, regardless of how many legal safeguards are in place, no justice system is free from error. As long as human justice remains fallible, the risk of executing the innocent can never be eliminated.

Crime Deterrence? We have to think again. He suggested that it is better for the PNP focus on crime detection to prove that crimes do exact payment of long stretches of jail time.

Please read full article at http://world.einnews.com/article/227573832/U8fxemA3OlQCKYfj?continued=1.

death penalty - amnesty international

Courtesy of www.amnesty.org

[Reflection] Pagpupugay at Pasasalamat sa mga Bayani at Martir ng Batas Militar: A Review


Heroes are made not born.

They are those who let no obstacle prevent them from pursuing the values they have chosen. Some simply happened to find themselves at a crossroads, confronted with the turbulent events of their time but chose to take a path less traveled and even offering their own lives.

One needs not to be extraordinary to do heroic deed. Any Juan dela Cruz, Maria or Jose – workers, farmers, fisherfolks, students, professionals, church people, informal settlers or street hawkers can make a big difference.

But there are many of them who remain anonymous until now. They are the NAMELESS —whose deeds are not known to many. Remembering them may not be enough. But reliving their legacies in us is one way to honor them.

And this is what the Task Force Detainees of the Philippines together with the NAMELESS HEROES AND MARTYRS, INC. and the DAKILA Collectives admirably did when they paid tribute to the HEROES and MARTYRS of MARTIAL LAW on September 30, 2014 at the Aldaba Recital Hall, University of the Philippines-Diliman.

The event brought together Martial Law heroes and the new generation of human rights defenders to commemorate the 42nd Anniversary of the Declaration of Martial Law through a matinee of songs, dances and theatrical play under the brilliant direction of UP Prof. Apolonio Chua.

The songs of protest like Batingaw, Sangandaan, Patak ng Ulan at Huling Awit were once again resonated on the stage by Color It Red vocalist Cooky Chua and the progressive labour theater group, Teatro Pabrika to awaken in the audience the Filipino spirit of patriotism.

May Tibak At May Tibak and Buhay Na Inalay Sa Bayan from LEAN: The Musical which run deep into our Filipino consciousness and stir intense emotions of sensitivities were given new life through the creative dance performances of the Collective Arts of Students and Thespians (CAST) from University of Makati by efficaciously translating the sufferings and struggle of the Filipino people under Martial law into series of movement and dramatic expression.

But what makes the event different from the previous commemorations is that it set the stage for the Reader’s theatre where excerpts from selected literatures were read by character roles with no needs for costumes and props for the audience to relive the social upheavals of that time that gave rise to popular discontent and resistance.

Tutubi, Tutubi ‘Wag Kang Magpahuli sa Mamang Salbahe’ (Dragonfly, Dragonfly, Don’t Allow Yourself to Get Caught by a Bad Guy) by Palanca awardee Jun Cruz Reyes, gives a satirical account of the irrationality of the power structure and how a high school student’s curiosity has turned into a conviction of joining the underground movement.

The “Written to Myself During a Fit of Depression” by former political prisoner, Doris Baffrey, a letter she wrote for herself relating her traumatic experiences while languishing in jail for almost five years which left a thick scar or welt on her very existence in the same way that many survivors of martial-law were plagued by intense, recurring nightmares. Ms. Baffrey was implicated in the PICC bombing during the American Society of Travel Agents Convention in 1980.

A more vivid account of torture was best described in the poem, ‘TORTYUR- Sa mga Kuko ng Karimlan’ written by another Palanca awardee and political activist, Levy Balgos dela Cruz which shows how torture is being used as a form of punishment until it breaks the person’s will to live.

The agony of a wife who has to pretend as a cousin of her husband in order to claim his remains after he was summarily executed by the military is given a human face and heart in the play, ‘Buwan at Baril’ by Chris Millado.

The family memoir, ‘Subversive Lives’ by the Quimpos reminds us of the personal costs at best illuminates an on-going struggle mediated by familial experiences and the sacrifices of those who joined the movement.

We owe it to those who stood and fought against the dictator in order for freedom and democracy to live. Their sacrifices and love for country are the reasons why the “selfie” generation today have the freedom to click and post whatever they want in social media. But lest we forget that the responsibility to make the country freer, humane and just now rests on our shoulders.

Salute to the Unsung Heroes of Martial Law!
Kudos to the Task Force Detainees of the Philippines!
Never Again to Martial Law!

Pagpupugay sa mga Bayani ng Martial Law

[Document] Right to Rehabilitation


This Discussion Paper was made and published by REDRESS in 2009 with the purpose of clarifying the reasons why rehabilitation, despite beingexpressly incorporated in different international instruments such as CAT, the ICPPED and the Rome Statute, remains an elusive form of reparation. Certainly, and as is the case with many other rights/obligations under international law, problems of implementation and enforceability are partly the result of lack of political will of states.

                                                                                                                                                              – REDRESS

REDRESS is an international nongovernmental organization committed to obtaining justice for torture survivors. The objectives and working methods they used focus on assisting survivors to pursue and secure legal remedies and developing the means to ensure compliance with international standards, and in particular their right to reparation. REDRESS consider IT fundamental to advance the understanding of the meaning of rehabilitation given that it is a crucial reparation measure for torture survivors and their next of kin.

For more info, visit REDRESS website: http://www.redress.org/

redress_logo

The Right to Rehabilitation

[Personal Note] I am back


To my valued readers,

Have you ever experienced being crazy passionate about writing and then, seemingly all of the sudden, you lost interest?

It became less exciting, less fun, less of something you wanted to do but more of something you want to express.

I am very sorry for more than two years of a slump.
Even I, myself was wondering what happened.

But I have finally bounced back and clawed my way out.
The interest to write my opinion is once again become an obsession I can’t resist.

I am back.
And still imbued with the spirit of carpe diem…
to seize the moment…

be critical…

be involved…

be heard…

 

carpe diem

[Videos] Human Rights Violations in the Philippines | **EXPLICIT – youtube


 

A mock News Report Video for UW (University of Washington) Students for a Research project based on the Human Rights Violations in the Philippines.