REPORT TO UNITED NATIONS Lawyers Arpee Santiago, Neri Colmenares, Ade Fajardo, Ryan
Jay Roset and Tony La Vi帽a show the report their groups submitted to the UNspecial rapporteur,
narrating the recent government attacks on the judiciary that, they say, have a negative impact
on the independence of judges and lawyers. 鈥擡DWIN BACASMAS
Groups led by the Integrated Bar of the Philippines (IBP) have asked the United Nations special rapporteur on the independence of judges and lawyers to look into the Duterte administration鈥檚 actions that undermine the judiciary and threaten the lives of lawyers.
The 16-page report filed on Wednesday appealed for 鈥渦rgent action鈥� on the part of UN Special Rapporteur Diego Garcia-Sayan, saying the administration鈥檚 infringing judicial independence 鈥渏eopardizes the very essence of democracy in the Philippines.鈥�
The report cited President Rodrigo Duterte鈥檚 public tirades against Chief Justice Maria Lourdes Sereno and the administration鈥檚 two-pronged effort to unseat her through impeachment in Congress and a quo warranto petition in the Supreme Court.
It also pointed to the threats to the lives of lawyers who represent drug suspects and peasant groups.
鈥楿ndermining judiciary鈥�
鈥淭he inability of the State to prevent the apparent weakening and undermining of the judiciary gives rise to international responsibility, especially considering the pronouncements of the President relating to immediate ouster of [Chief Justice] Sereno and against the legal profession that performs their duties under its Code of Professional Responsibility,鈥� the report said.
Joining the IBP in filing the report were the National Union of People鈥檚 Lawyers (NUPL), Alternative Law Groups (ALG), Ateneo Human Rights Center (AHRC), Free Legal Assistance Groups (FLAG), Manananggol Laban sa EJKs (Manlaban), and International Pro Bono Alliance.
Commenting on the legal community鈥檚 move, presidential spokesperson Harry Roque denied that the executive department was attacking the judiciary or its independence.
Roque insisted that Malaca帽ang was is not behind the moves to unseat Sereno, and played down the President鈥檚 tirades against the Chief Justice, saying these were just an expression of dislike because of her insinuations against the President.
According to Roque, the President had kept silent on the impeachment moves against Sereno for a long time, but the Chief Justice accused him of having a hand in the efforts to remove her from office.
鈥淭he President鈥檚 rebuke of the Chief Justice must therefore be taken as a dislike of the Chief Justice and not an attack [on] the judiciary or an affront to judicial independence,鈥� Roque said.
In a press briefing, IBP national president Abdiel Dan Fajardo said the purpose of filing the report was 鈥渢o relay to the United Nations the recent events in our country [that] we believe will impact negatively on the independence of judges and lawyers in the country.鈥�
鈥淚t is our position that the judicial independence is fundamental to the protection of human rights, democracy and the rule of law,鈥� he said.
鈥淭here is a direct relation between the weakening of safeguards for the judiciary and lawyers and the gravity and frequency of human rights violations,鈥� he added.
鈥楶ublic vilifaction鈥�
NUPL chair Neri Colmenares, a former Bayan Muna congressman, said the President had resorted to 鈥減ublic vilification using presidential platform.鈥�
Antonio La Vi帽a of Manlaban said 鈥渁n independent judiciary is essential鈥� to solving the problem of the killings hounding the administration鈥檚 brutal war on drugs.
Colmenares said that should the UN special rapporteur conduct an investigation and report that the Philippines鈥� legal system had been put at risk, it would cast the country in a negative light before the international community.
AHCR executive director Arpee Santiago said the Duterte administration should be open to an investigation if it wants to be exonerated.
鈥楢s if on cue鈥�
The report noted that the 鈥渓ong-winded attacks on judicial independence鈥� has been going on for more than two years since 鈥渢he Chief Justice dared resist an apparent intrusion into judicial power鈥濃�攔eferring to President Duterte鈥檚 order to聽 seven judges whom he had linked to the illegal drug trade to surrender.
It noted that lawyer Lorenzo Gadon, identified as president of the Pro-Duterte Constitutional Reformers to Federalism, filed the impeachment complaint 鈥渁s if on cue,鈥� a few weeks after Speaker Pantaleon Alvarez said Sereno was facing the prospect of ouster.
鈥淭he case of [Chief Justice] Sereno clearly shows that the Philippine State reneges on its obligation to ensure that the suspension or removal of a judicial officer must only be for cause (incapacity or behavior that renders them unfit to discharge their duties). The State also violates the right of a judge to be accorded fair treatment and hearing under an appropriate procedure,鈥� the report said.
It stated that the administration鈥檚 actions against Sereno would 鈥渄eter judges from asserting their judicial independence and exercising their freedom of expression.
Lawyers at risk
The law groups also brought up the 鈥渉arassment鈥� of lawyers who criticize government policies and represent clients tagged as 鈥渄issenters鈥� or 鈥渁ctivists.鈥�
It cited the example of NUPL-Negros secretary general Benjamin Ramos, who works with peasant and human rights groups. A police poster tagged him as one of the alleged communists whom the public should report.
This is 鈥渂latantly opposed鈥� to Principle 18 of the Basic Principles on the Role of Lawyers, stating that lawyers 鈥渟hall not be identified with their clients or their clients鈥� causes,鈥� the report said. 鈥擶ith a report from Leila B. Salaverria