National Union of Peoples’ Lawyers (NUPL) Who Will Defend the Defenders? Human Rights Lawyering in the Midst of Impunity by Edre Olalia NUPL Secretary General IAPL President with excerpts from the Haldane Society Lecture: "DEFENDING HUMAN RIGHTS DEFENDERS IN COLOMBIA AND THE PHILIPPINES“ 10 th of December 2009, London

Human Rights Lawyers: Who Are They and What Do They Do?

An attack on any human rights lawyer is also an attack on human rights.

The spate of impunity is so brazen that even human rights advocates are not spared from the repressive culture of impunity of state forces.

Incidents of Reported Killings or Attacks on Philippine Lawyers and Judges January 2001 – November 2010 Number of Lawyers Killed 2001 to present 27 (8 of which are human rights lawyers) Number of Judges Killed18 Number of Lawyers Attacked55 Number of Human Rights Lawyers Attacked42

Incidents of Reported Killings or Attacks on Philippine Lawyers and Judges January November 2010 Lawyers and judges who survived attempted slay 05 Lawyers and judges who received death threats16 Victims of Labeling/Included in the Military’s 19 Order of Battle (OB) Lawyers and judges under surveillance16

Tagged as Communist Placed on Order of Battle Placed Under Surveillance Torching of Vehicles Mysterious Calls Grave Threats Threats of Physical Harm Ransacking and Raiding of Offices Warrantless Arrests Death Threats Attempted Homicide Attempted Assassination Extrajudicially Killed Different Forms of Attacks on Lawyers

Killed: Atty. Juvy Magsino Counsel for progressive organizations, local vice mayor, vocal against military abuses and mining projects causing damage to the people. Then Col. Jovito Palparan warned her a few months before she was killed :”I will be watching you.” Shot and peppered with bullets on February 2004 while driving together with a human rights advocate

Killed: Atty. Arbet Yongco Private lawyer prosecuting a parricide case against a cult leader belonging to a powerful family. Shot October 2004 inside her own home.

Killed: Atty. Felidito Dacut Counsel for labor unions and progressive organizations. Shot March 2005 while inside a passenger jeepney on his way to buy milk for his 3-year old daughter.

Killed: Judge Henrick Gingoyon Trial court judge handling a controversial case against the government over an anomalous airport project. Formerly active in counseling for peoples’ organizations. Gunned down on New Year’s Eve 2005 while on his way home.

Killed: Atty. Gil Gojol Former local public official, former bar president, professor and legal counsel of progressive party-list groups and peoples’ organizations. Gunned down December 2006, by four armed men on board two motorcycles.

Killed: Atty. Cynthia Oquendo Active human rights lawyer from Mindanao. Killed in November 2009 in a massacre by political warlords close to the former administration

Killed: Atty. Concepcion Brizuela Active human rights lawyer from Mindanao. NUPL founding member from Cagayan de Oro. Killed in November 2009 in a massacre by political warlords close to the former administration Interviewed by foreign lawyers and judges on death threats to her a year before she was killed.

Atty. Trixie Cruz-Angeles Under close surveillance since December Represents soldiers who are facing charges for alleged failed uprisings against Arroyo in 2003 and Threat, Harassment, Intimidation, and Surveillance

Atty. Emil Bermas NUPL founding member from Bulacan. Accused as a member of the New People’s Army. Became less active for security reasons when army general notorious for killings was assigned in their area. His three guard dogs were fatally poisoned. Threat, Harassment, Surveillance, and Labeling

Judge Romeo T. Capulong Chair Emeritus of NUPL. foremost human rights lawyer in the Philippines Lead counsel for the Morong 43 case and other high-profile cases. Subjected again to constant surveillance ever since the first hearing of the Morong 43 case. Assassination Attempts, Harassment, Surveillance, and Labeling

Atty. Emiliano Deleverio Has been under surveillance, threatened, and harassed by military agents since Human rights and peasant lawyer in southern Philippines. Founding member of NUPL from Pagadian. Handled 1 st successful amparo case in the country. Threat, Harassment, Intimidation, and Surveillance

Atty. Alberto Hidalgo Harassed and put under surveillance by suspected state agents. Represented the survivors of a massacre of peasants by the military. Founding member of NUPL from Leyte. Formerly NUPL Deputy Sec Gen for Protection of Lawyers Harassment and Surveillance

Atty. Beverly Musni Under surveillance for the past two years by suspected military agents; named in the military’s Order of Battle. Labor Arbiter and works with several mass and peoples’ organizations Founding member of NUPL from Cagayan de Oro Harassment, Labeling, and Surveillance

Atty. Edre Olalia Periodically under surveillance by suspected state agents, labelled and linked to the communists. Human rights, international humanitarian law, and criminal lawyer. Involved in peace negotiations as legal consultant. NUPL convenor and present NUPL Secretary General. Surveillance and Labeling

Atty. Jobert Pahilga Subjected to surveillance, harassment, and intimidation by state agents. Human rights lawyer, providing free legal services to farmers, fisherfolk, and indigenous peoples. NUPL founding member from Metro Manila Harassment, Intimidation, Surveillance, and Labeling

Atty. Tirsendo Poloyapoy Experienced different forms of harassment such as labeling, death threats, abduction of one of his security officers, and surveillance by suspected police and military agents. Human rights and criminal lawyer since Founding member of NUPL from Pagadian. Won 1 st successful amparo case. Threats, Harassment, Surveillance, and Labeling

Pro-Labor Legal Assistance Center (PLACE) Experienced speriodic surveillance, harassment, and intimidation by state agents. Handles about 700 labor cases, providing free legal services to workers. Harassment, Intimidation, and Surveillance

Atty. Kathrina Castillo Attacked for a month in a radio station hosted by a military official. Has her picture taken by the military during every single political case that she has handled. Continually harassed from May April Founding member of NUPL and presently National Auditor Threats, Harassment, Intimidation, and Surveillance

April 5, 2010 Atty. Castillo, It seems that you are not truthful and serious in serving the public. we found out that you continue your alliance with the enemies of democracy, progress and peace - the CPP-NPA-NDF and its partylists. your alliance with them is an admission that you are one of them who adheres to the nonsense communism. WITH THIS LETTER IS A BLACK RIBBON THAT WILL REMIND YOU THAT YOUR LIFE, AS WELL AS YOUR FAMILY, IS ONLY A PRIVILEGE. IF DEATH BECOMES YOU, MAY YOU REST IN PEACE. for the Filipino people, country, and democracy, Example of Atty. Castillo’s Death Threat

Atty. Robert Tudayan Received death threats from suspected military agents. Labeled as a lawyer for the New Peoples’ Army by the military. Founding member of NUPL from Cagayan Valley. Threats, Harassment, and Labeling

Atty. Remegio Saladero Arrested and detained for months and charged with a string of criminal charges, and labeled as member of the NPA by the military. One of the lawyers of a labor law office, a labor union and a party-list group; NUPL member. Threats, Harassment, Surveillance, Labeling, and False Charges

Atty. Neri Javier Colmenares Convenor and founding Secretary General of NUPL and member of People First partylist in Congress Labeled and harassed by suspected military elements. Included in the Order of Battle of the military, and falsely implicated in the crime of multiple murder. Harassment and Labeling

Atty. Charles Juloya Was fired at with eight shots, but was hit by only two non- fatal shots. Served as counsel to striking workers and legal adviser of a local human rights group. Assassination Attempts

Atty. Cyril Yap His law office was staked out for successive days by four suspicious-looking men. Human rights lawyer in Mindanao; founding member of NUPL. Harassment

Atty. Carlos Isagani Zarate His law office was cased by unidentified men who took pictures. Named in the military Order of Battle. Founding member of NUPL from Davao and presently Vice President for Mindanao. Assassination Attempts, Labeling

Lawyers for the Morong 43 Labelled as “communists” in a press statement issued and in the website posted by the right-wing ANAD Partylist. Labeling Judge Romeo Capulong, Atty. Edre Olalia, Atty. Rachel Pastores, Atty. Julius Matibag

Lawyers for the 2 Missing UP Students Charged by Ret. Gen. Palparan as engaging in a “fishing expedition” in the criminal cases filed against him and, as “militant lawyers,” of conniving with torture and disappearance survivor farmer Raymond Manalo “to pin him down and implicate him in the case." Labeling Atty. Edre Olalia, Atty. Jun Oliva, Atty. Rey Cortez, Atty. Jobert Pahilga and Atty. Cris Yambot

These unresolved killings and continuing attacks on lawyers and judges is an attack on the legal profession, a travesty of due process, violative of the “rule of law” and the system of justice.

As these incidents are the function of the counterinsurgency program of the government, it is not surprising that a considerable number of victimized lawyers are either counsels of entities conveniently labeled as “enemies of the state” or are themselves perceived or labelled as such.

It is very ironic that the rights of the human rights defenders themselves are violated. Indeed, it is the height of impunity when human rights advocates themselves become the hapless victims of the climate of impunity.

The Philippines has become one of the most dangerous places for lawyers and judges in the world. As the climate of impunity pervades, there is a need to defend the defenders themselves. The Need for Continuing Mass Campaigns, Broad Support and International Concern and Solidarity and Vigilance

The perils in our line of work and commitment as lawyers for the people will not discourage us, much less demoralize our ranks, from standing for the rights and interests of the poor and the oppressed, and struggling, inside and outside the courtrooms, for the causes that we believe in. Pledging to Continue Human Rights Lawyering Amidst Impunity

We will fight for our clients. We will defend the victims. We shall seek justice. We shall continue the struggle with the people.

“ We have brave clients. They deserve brave lawyers.” -NUPL Chairperson Emeritus -Romeo Capulong