Dear friends,

We wish to share with you the following statement from the Signatory organizations call on the Aquino government to investigate and prevent the killings and harassment of lawyers in the Philippines.

Asian Human Rights Commission

Hong Kong

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FOR IMMEDIATE RELEASE
AHRC-FST-008-2015
January 26, 2015

A Statement from the Signatory organizations call on the Aquino government to investigate and prevent the killings and harassment of lawyers in the Philippines forwarded by the Asian Human Rights Commission

PHILIPPINES: The Day of the Endangered Lawyer 2015

Today – the Day of the Endangered Lawyer 2015 – the Signatory organizations call on the Aquino government to investigate and prevent the killings and harassment of lawyers in the Philippines.

Number of killings and harassment

At least 39 lawyers have been killed in the Philippines since 2004 for reasons apparently related to their profession. Many more lawyers have been threatened, harassed, intimidated, labeled as ‘enemies of the state’ or subjected to surveillance or other forms of attacks.

Victims

Most of the lawyer victims were handling high profile cases in which the interests of the upper layer of society are at stake, such as land reforms, corruption and election-related issues.

Perpetrators

Of the known perpetrators recorded, 65% have been identified as members of the military and 20% as members of the police service. In over 50% of cases involving attacks on lawyers, no suspected perpetrator(s) have been identified.

Underlying causes for extrajudicial killings

The practice of labeling (classifying victims as ‘enemies of the state’), the involvement of the military in politics, the proliferation of private armies and vigilante groups and the culture of impunity have been identified by national and international fact finding bodies as the main root causes for the alarming rate of extrajudicial killings, including the extrajudicial killings of lawyers, in the Philippines.

Track record of the Aquino administration

The Aquino administration has failed to achieve any fundamental changes. The harassment and labeling of lawyers continues unabated and the number of extrajudicial killings of lawyers has risen. Suspected perpetrators are seldom arrested and rarely identified and held accountable through prosecutions.

Consequences

The harassment and killings of lawyers and the impunity shielding perpetrators impair the ability of lawyers to provide legal representation and consequently severely undermines the proper functioning of the rule of law and the adequate protection of human rights and fundamental freedoms.

International obligations

The Philippines were part of the voting when the United Nations Basic Principles on the Role of Lawyers was adopted by the General Assembly in 1990 and therefore are have an positive duty to ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference and to adequately safeguard lawyers where their security is threatened due to their job. This duty is an integral part of The Philippines’ obligations under the International Covenant on Civil and Political Rights to ensure rights including the right to remedies and to a fair trial.

Recommendations

In view of the above Lawyers for Lawyers urge the Philippine government to take necessary and effective measures:

(1) to prevent extrajudicial killings and all forms of harassment of lawyers,

(2) ensure that suspected perpetrators of crimes against lawyers are effectively investigated, prosecuted and, if convicted, punished with appropriate sanctions, and

(3) duly support and protect the personal and professional independence and safety of lawyers in accordance with the Basic Principles on the Role of Lawyers adopted by the General Assembly of the United Nations in 1990.

Co-signing organizations in alphabetical order:

Asian Human Rights Commission (AHRC)

Fair Trial Watch (FTW)

Freedom House

German Bar Association

Haldane Society of Socialist Lawyers

International Association of Democratic Lawyers

International Association for Peoples’ Lawyers

International Bar Association Human Rights Institute

Lawyers for Lawyers (L4L)

Lawyers Rights’ Watch Canada (LRWC)

Özgürlükcü Hukukcular Dernegi (ÖHD)

Solicitors International Human Rights Group (SIHRG)

The Law Society of England and Wales

2014

1. Atty. Rodolfo R. Felicio (66) – Taytay, Rizal – August 24, 2014

2. Atty. Cristobal V. Fernandez (64) – San Fabian, Pangasinan – August 8, 2014

3. Atty. Isagani G. Garcia (35) – San Gabriel, Tuguegarao City – May 14, 2014

4. Atty. Noel D. Archival (52) – Dumaguete City – February 18, 2014

2013

5. Atty. John Mark F. Espera (39) – Hamtic, Antique – August 31, 2013

6. Atty. Ian E. Vela Cruz – Olongapo, Zambales – May 18, 2013

7. Atty. Jubian P. Achas – Cebu City – January 22, 2013

2012

8. Atty. Sulpicio A. Landicho – Tanauan City, Batangas – November 14, 2012

9. Atty. Lazaro C. Gayo (61) – Agoo, La Union – October 29, 2012

10. Atty. Nicomedes R. Romagos (58) – Cataingan, Masbate – September 20, 2012

11. Atty. Xerxes B. Camacho – Northern Samar – August 18, 2012

12. Atty. Manolo M. Zerna (48) – Tanjay City, Negros Oriental – August 3, 2012

2011

13. Atty. Archer Baldwin R. Martinez (47) – Dumaguete City – August 5, 2011

2009

14. Atty. Concepcion J. Brizuela (56) – victim of Ampatuan Massacre – November 23, 2009

15. Atty. Cynthia Oquendo-Ayon (35) – victim of Ampatuan Massacre – November 23, 2009

2008

16. Atty. Richard W. Sison (52) – Barangay Tinago, Cebu City – May 21, 2008

2007

17. Atty. Alejo L. Dojillo (43) – San Fabian, Pangasinan – September 10, 2007

18. Atty. Conrado D. Soriano Jr. (54) – San Carlos City, Pangasinan – August 27, 2007

19. Atty. Luis R. Dote (46) (PAO) – Legazpi City, Albay, Bicol – June 17, 2007

20. Atty. Demetrio L. Hilbero – Calamba City, Laguna, Southern Luzon – June 16, 2007

2006

21. Atty. Gil Gojol (50) – Barangay Payakin, Gubat, Sorsogon – December 12, 2006

22. Atty. Nestor J. Ballacillo (57) – Barangay San Antonio – December 6, 2006

23. Atty. Leonito T. Tapel – Bulacan, Luzon – December 2, 2006

24. Atty. Froilan V. Siobal (57) – Pangasinan, Luzon – November 19/20, 2006

25. Atty. Evelyn B. Guballa – Quezon City, Manila – June 21, 2006

26. Atty. Rogelio O. Montero – San Jose del Monte, Bulacan – May 15, 2006

27. Atty. Carlo Magno Uminga – Barangay Angayan Sur, Pangasinan – April 14, 2006

2005

28. Atty. Eugenia C. Vinluan Campol (36) (PAO) – Baguio City, Luzon – September 5, 2005

29. Atty. Victor Padilla (57) – Manila, Luzon – September 6, 2005

30. Atty. Norman Bocar (57) – Samar – September 1, 2005

31. Atty. Ambrosio F. Matias Jr. (47) – Luzon – May 8, 2005

32. Atty. Felidito C. Dacut (51) – Tacloban City, Leyte – March 14, 2005

33. Atty. Teresita Vidamo (33) (PAO) – Las Pinas, Metro Manila, Luzon – February 9, 2005

34. Atty. Reuel Dalguntas (45) – Davao City, Mindanao – February 5, 2005

2004

35. Atty. Edgar Calizo Sr. – Aklan, Visayas – November 22, 2004

36. Atty. Arbet Sta. Ana-Yongco – Barangay Zapatera, Cebu City – October 11, 2004

37. Atty. Victoria Mangapit-Sturch – Baguio City, Luzon – April 13, 2004

38. Atty. Juvy M. Magsino – Mindoro Oriental – February 13, 2004

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About AHRC:The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

Read this Forwarded Statement online