Arrest warrant – Evening Report

Lawyer Clooney welcomes dismissal of second libel suit against Maria Ressa

Asia Pacific Report — Tue, 15 Jun 2021 01:17:52 +0000

Human rights lawyers Amal Clooney and Caoilfhionn Gallagher, who lead the international defence legal team, have call on the international community to ensure that all charges against Philippines journalist and editor Maria Ressa are dropped.

The legal team of Rappler CEO Ressa welcomed the recent dismissal of the second cyber libel charge filed against her.

Clooney said Makati Regional Trial Court Branch 148 Judge Andres Soriano was correct in dismissing the “absurd case”, reports Rappler.

Clooney called on authorities to drop the other charges filed against Ressa and overturn her 2020 conviction of cyber libel, a decision that is still pending with the Court of Appeals.

“One down, eight to go. Prosecutors in the Philippines were right to drop this absurd case, and Judge Soriano was right to dismiss it with prejudice,” she said in a statement.

“But since none of the cases against Maria have any merit, the authorities should also drop the other prosecutions and overturn her criminal conviction for libel.”

UK lawyer Caoilfhionn Gallagher, co-leader of the team, also lauded the dismissal of the case and thanked Ressa’s supporters for fighting the “nonsensical charges”.

Stemmed from Ressa’s tweets
The second cyber libel complaint stemmed from Ressa’s tweets, which were screenshots of an old newspaper article about the complainant, businessman Wilfredo Keng.

“Ms Ressa should never have faced an arrest warrant, the threat of imprisonment, and the stress and expense of defending herself over an innocuous tweet and screengrab,” Gallagher said.

“This [month’s] good news marks one small battle victory in a far larger and longer war.

“Ressa already faces up to six years imprisonment following her conviction on baseless charges last year, and she continues to be threatened by the Philippines authorities with decades more in prison,” Gallagher said.

Clooney and Gallagher called on the European Union and the international community to ensure that all charges against Ressa are dropped.

“She is a journalist who is being pursued for her journalism and she should be allowed to get back to work without further harassment. If not, we should see concrete action by the United States, the EU, and the group of states that form the Media Freedom Coalition,” Clooney said.

Gallagher said the Philippines benefits from a preferential trading agreement with the EU, on the basis that it complies with international human rights standards.

Continuing barrage
“This continuing barrage of cases against Ms Ressa, punishing her for her work and attempting to silence investigative journalists in the Philippines, makes a mockery of this. The EU and the international community must now press the authorities to ensure that all charges against Ms Ressa are dropped and all other proceedings against her halted,” Gallagher said.

The #HoldTheLine Coalition, composed of 80 international media, human rights, and advocacy groups, also welcomed the dismissal of the case and urged President Rodrigo Duterte and his administration to follow suit and drop all eight remaining cases and charges against the award-winning journalist.

Ressa faces eight other charges before the Court of Tax Appeals (CTA), the Pasig City Regional Trial Court, and the Manila Regional Trial Court.

Republished from Rappler with permission.

Article by AsiaPacificReport.nz

New Philippine law gives ‘more teeth’ in anti-terror fight but lacks safeguards

Asia Pacific Report — Sun, 01 Mar 2020 04:15:53 +0000

OPINION: SunStar editorial in Cebu

So it goes. Nineteen senators in the Philippines Senate have approved on the third and final reading of Senate Bill (SB) 1083 this week, effectively giving more teeth to the Human Security Act of 2007, which was a watered down version of the 1996 Anti-Terror Act of Senator Juan Ponce Enrile.

SB 1083 is the Philippines’ response of commitment to international efforts in the fight against terror.

Authored by Senator Panfilo Lacson, the bill intends to fortify the legal backbone in the fight against terror, equip law enforcers with necessary tools to carry out operations, and safeguard the rights of those accused of the crime.

SB 1083 defines terrorism as a crime “committed by any person who within or outside the Philippines, regardless of the stage of execution; engages in acts intended to cause death or serious bodily injury to any person, or endangers a person’s life; engages in acts intended to cause extensive damage or destruction to a government or public facility, public place or private property: engages in acts intended to cause extensive interference with, damage or destruction to critical infrastructure; develops, manufactures, possesses, acquires, transports, supplies or uses weapons, explosives or of biological, nuclear, radiological or chemical weapons; and release of dangerous substances, or causing fire, floods or explosions.”

The law allows the police or military to conduct a 60-day surveillance on suspected terrorists, although this can be lengthened to another non-extendable period of 30 days with judicial authority.

– Partner –

A suspected person can be detained without a warrant of arrest for 14 days, or 10 more days if authorities deem it necessary. This happens to be one of the provisions that angered Senator Francis Pangilinan, who voted with Senator Risa Hontiveros against the bill.

“The prolonged detention is an impingement of rights and liberty. Why 14 days? If security officials and law enforcers are doing their job, why will it take them long to file a case?” Pangilinan said.

‘Produce or invent evidence later?’
“Or, is the practice of arrest and detain now, produce or invent evidence later still prevalent, as it was when opposition leader Jovy Salonga was arrested, detained, and charged in 1981? The current law is not perfect, and, we, in Congress, should be working continuously to make it work for the people.”

Lacson, on the other hand, assures that the bill provides sufficient safeguard to ensure the basic human rights of the accused. The Commission on Human Rights (CHR) shall immediately be notified in case of detention of a suspected terrorist.

The measure also mandates the CHR to give highest priority to investigate and prosecute violations of civil and political rights of persons and to prosecute officials or law enforcers who violate the basic rights of the suspects or detained persons.

The catch, however, is that SB 1083 removed the provision of payment of P500,000 (NZ$15,500) damages for each day of detention of persons acquitted of terrorism charges.

Events, however, render the SB 1083 at once timely and yet ill-timed. Timely while extremist terror is breathing down the neck of countries, but ill-timed most especially while we have a government that, while publicly claiming openness, seems at heart intolerant to dissent, indulging itself in a spree of red-tagging, arresting students, academics, social workers, priests and activists.

SB 1083 also comes at a time when government holds the most expensive intelligence work there is as far as budget goes, at a whopping P4.9 billion (NZ$154 million). With that much arm, we now have a highly omnipresent Big Brother practically watching over its citizens’ shoulders at any given time of the day.

This tilts the balance of power entirely and, if the wrong hands take the rein, might easily endanger our democracy.

SunStar is an independent community newspaper and online portal based in Cebu, Philippines. This editorial was published on 27 February 2020.

Article by AsiaPacificReport.nz

Former PNG PM O’Neill denies fleeing country

Asia Pacific Report — Mon, 04 Nov 2019 22:15:50 +0000

By RNZ Pacific

Papua New Guinea’s former Prime Minister Peter O’Neill has denied a claim that he has fled the country to avoid being arrested.

This is despite police last week withdrawing an arrest warrant for O’Neill, after his lawyers had launched a legal challenge to its validity.

The warrant was issued for the Ialibu-Pangia MP at the Waigani District Court on October 11.

PNG’s Acting Police Commissioner David Manning said investigators sought the warrant in relation to a corruption case.

The national court issued a stay on the arrest while O’Neill’s legal team sought leave for a judicial review of the warrant.

– Partner –

But the Police Minister Bryan Kramer posted on Facebook that O’Neill fled to Australia on Friday shortly before the National Court ruling on his judicial review proceedings.

However O’Neill has rubbished this claim, saying he had flown to Sydney to be with his children.

“I have every right to travel and attend to my children’s needs,” O’Neill told RNZ Pacific.

The MP has also denied Kramer’s claim that O’Neill and his lawyers earlier fabricated a defective arrest warrant document to put before the court.

Last Thursday after police withdrew the warrant, O’Neill’s lawyers argued against the move, saying police would just seek a fresh warrant to avoid the review.

The State Solicitor, however, argued that O’Neill’s lawyers were trying to delay the matter by keeping it in court.

The case was adjourned.

This article is published under the Pacific Media Centre’s content partnership with Radio New Zealand

Article by AsiaPacificReport.nz

PNG police issue arrest warrant for former PM Peter O’Neill

Asia Pacific Report — Wed, 16 Oct 2019 01:15:50 +0000

Pacific Media Centre Newsdesk

Papua New Guinea police have issued a warrant for the arrest of former Prime Minister Peter O’Neill.

According to EMTV News, the Waigana district court issued the warrant which was based on evidence previously compiled by police investigators.

Acting Police Commissioner David Manning said he could not reveal the details of the charges but said the warrant was issued last Friday.

“Investigations into this particular case involving the former Prime Minister have been ongoing and the weight of the evidence that came to light before the police detectives necessitated an application to be made to the courts for a warrant of arrest.

“We have made it very clear when we came into office that we will look into all outstanding criminal cases of national significance including police shootings as well as high level corruption cases,” Manning said.

– Partner –

Police located O’Neill at the crown hotel in Port Moresby but he has so far refused to cooperate.

According to RNZ Pacific, O’Neill has responded in a statement that he was not informed or presented with a warrant from any member of the police force.

“If this was a serious matter, not a political power play, a formal process would be in place that would have seen legal representation made to my office,” O’Neill said.

He said the corruption claims were “false and fabricated in a clumsy way by the Police Minister (Bryan Kramer) and relate to renovations to the Yangaum Health Centre in Madang”.

O’Neill said he would be available at any time to hear the complaint, “but I warn any member of the RPNGC who might be part of the Police Minister’s political unit, to think carefully and respect and honour the oath you swore to our Nation”.

Commissioner David Manning has appealed to O’Neill to cooperate and “avail himself to investigators.”

Article by AsiaPacificReport.nz

Duterte critic Trillanes second senator to be arrested – for 2003 ‘rebellion’

Pacific Media Centre — Tue, 25 Sep 2018 15:01:32 +0000

Senator Antonio Trillanes … a rebellion charge against Trillanes has been revived after President Rodrigo Duterte issued Proclamation No. 572, revoking a presidential amnesty. Image: NCRPO

By Rambo Talabong in Manila

Outspoken critic Senator Antonio Trillanes IV has become the second opposition senator to be arrested under the Duterte presidency.

A team led by Makati police chief Senior Superintendent Rogelio Simon confirmed that the police served the arrest warrant on Trillanes yesterday for the charge of rebellion, hours after the document was released by Makati Regional Trial Court Branch 150 Executive Judge Elmo Alameda.

Senate Sergeant-at-Arms Jose Balajadia told reporters that the police followed protocol. He said the National Capital Region Police Office director Chief Superintendent Guillermo Eleazar served the warrant on Trillanes.

Eleazar said in an interview on ANC that Trillanes voluntarily went with the arresting team. The senator had earlier said he would not resist arrest providing police presented a the proper warrant.

Trillanes was brought to the Makati City Central Police Station for charging procedures.

He was then taken to Makati RTC Branch 150 to post the bail of P200,000 (NZ$5600). He was accompanied by fellow opposition senators Kiko Pangilinan, Paolo Benigno Aquino IV, and Risa Hontiveros; as well as his Magdalo party colleagues.

-Partners-

The judge signed Trillanes’ release order before 5 pm.

Rebellion charge revived
The rebellion charge against Trillanes was revived after President Rodrigo Duterte issued Proclamation No. 572, revoking an amnesty granted to the senator in connection to the 2003 Oakwood mutiny and the 2007 Manila Peninsula siege.

Trillanes had questioned then Police Chief Ronald Del Rosa about extrajudicial killings in Duterte’s bloody, protracted war on drugs, and had also organised the testimony of former members of an alleged death squad that operated under the president while he was mayor of the city of Davao in the country’s south, reports CNN Philippines.

Another opposition senator, Leila de Lima, also a fierce critic of Duterte, has been detained in Camp Crame since February 2017, for drug charges.

Rambo Talabong is a journalist with the independent news website Rappler. Asia Pacific Report publishes under a Creative Commons licence.

Article by AsiaPacificReport.nz

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