URGENT APPEAL - THE OBSERVATORY
PHL 005 / 1107 / OBS 138
Arbitrary detention / Judicial proceedings
Philippines
November 8, 2007
The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the Philippines.
Brief description of the situation:
The Observatory has been informed by Task Force Detainees of the Philippines (TFDP) of the arbitrary detention of Mr. Ricardo Bellamia y Beceril, an organiser of labour unions for Kilusang Mayo Uno - Labour Centre (KMU), an organisation struggling in favour of workers' rights, and a member of the National Federation of Labour in Barangay Casay in Dalaguete town, province of Cebu.
According to the information received, on November 2, 2007, at about 2 pm, Mr. Bellamia was arrested at home by members of both the Regional Command of the Philippine National Police (PNP) and of the Armed Forces of the Philippines Central Command (CENTCOM), on the basis of a warrant of arrest issued by the Judge Sylvia Aguirre Delanga of the Regional Trial Court (RTC), Branch 25, Danao City, dated March 21, 2006.
On November 5, 2007, Mr. Bellamia was brought to Court and charged with "rebellion" by the Regional Trial Court, Branch 25, Danao City. He would be accused of being an official of the New People's Army (NPA) and of being linked to the killing of soldiers belonging to the 78th Infantry Battalion during rebel-military encounters that occurred reportedly in 2004 at Brgy Dalid, Tabuelan town, Brgy Sumon and Brgy Kalanggaman in Tuburan, and Brgy Baliang in Danao City, all in the province of Cebu. Yet, Mr. Bellamia has always denied being a NPA member.
As of issuing this urgent appeal, Mr. Bellamia would be detained at the Central Command of the Armed Forces of the Philippines at Camp Lapu-lapu in Apas, Lahug, Cebu City.
The Observatory expresses its deep concern about the arbitrary detention of Mr. Ricardo Bellamia y Beceril as it seems to merely aim at sanctioning his human rights activities.
The Observatory further urges the Philippines authorities to put an end to any kind of harassment against all human rights defenders in the country, as well as to conform with the United Nations Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, especially its Article 12.2, which states that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration".
Action requested:
Please write to the Philippine authorities asking them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Ricardo Bellamia y Beceril;
ii. Release Mr. Ricardo Bellamia y Beceril immediately and unconditionally since his detention is arbitrary as it merely aims at sanctioning her human rights activities;
iii. End all forms of harassment and ill-treatment of human rights defenders in the Philippines, and guarantee in all circumstances that they be able to carry out their work without any hindrance;
iv. Conform with all the provisions of the UN Declaration on Human Rights Defenders, especially its Article 1, which states that "everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels" and above-mentioned Article 12.2;
v. More generally, ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by the Philippines.
Addresses:
･ H.E. Gloria Macapagal-Arroyo, President of the Republic, New Executive Building, Malacanang Palace Compound, JP Laurel St., San Miguel, Manila 1005, Philippines. Tel: +63 2 735 6201 / + 63 2 564 1451 to 80; Fax: (+63) 2 929 3968 / +63 2 736 1010 / 742-1641; Cell#: (+ 63) 919 898 4622 / (+63) 917 839 8462; E-mail: corres@op.gov.ph / opnet@ops.gov.ph / kgma@yahoogroups.com;
･ Sec. Hermogenes Ebdane Jr, National Defence Secretary, Rm. 301 DND Bldg, Camp Aguinaldo, EDSA, 1110 Quezon City, Philippines, E-mail: snd@dnd.gov.ph/osnd@philonline.com, Fax: +63 2724 8763
･ Gen. Hermogenes Esperon Jr, Armed Forces Chief of Staff, AFP GHQ, Camp General Emilio Aguinaldo, Edsa, Quezon City
･ Philippine National Police (PNP) Chief Avelino Razon, PNP HQ, Camp Crame, Edsa, Quezon City, Fax No. 063 2 724 8763, Tel: +63 2911 6213, Email: bluetree73@gmail.com
･ Major General Victor Ibrado, AFP Central Command, Camp Lapu-lapu, Apas, Lahug, Cebu City, Telephone No. 063 32 232 4961
･ Hon. Purificacion Valera Quisumbing, Chairperson, Commission on Human Rights, SAAC Building, Commonwealth Avenue, U.P. Complex, Diliman, Quezon City, Philippines; Tel: + 632 928 5655 / 926 6188; Fax: 632 929 01 02; drpvq@yahoo.com
･ Mr. Raul Gonzales, Minister of Justice, Department of Justice, Building Padre Faura, 1004 Manila, Philippines; Tel: +63 (2) 523-8481; Fax: +63 (2) 521-1614; Email: sechbp@info.com.ph
･ Ambassador Enrique A. Manalo, Permanent Mission of the Philippines to the United Nations in Geneva, 47 Avenue Blanc, 1202 Geneva, Switzerland, Fax: +41 22 716 19 32, Email: mission.philippines@ties.itu.int$
･ Embassy of the Philippines in Brussels, 297 Avenue Moliere, 1050 Brussels, Belgium, Tel: +32 2 340 33 77 / 2 340 33 78, Fax: +32 2 345 64 25.
Please also write to the diplomatic missions or embassies of the Philippines in your respective country.
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Geneva - Paris, November 8, 2007
