Action Requested || Sample Letter || Background
Please
respond before 31 August 2005
update
|
| |
Summary
Ms. Luisa
N. Encomio, 28, is currently detained with her 10-month
old child in Mamburao Provincial Jail, Occidental
Mindoro, 6 hours drive from Manila. They have not
received adequate medical care since detention.
Ms. Encomio was arrested without a warrant on 6 May 2004
for being an alleged New People's Army (NPA) member and
her involvement in a foiled attempt to ambush a convoy of
police officers and soldiers in Brgy. Quiriron,
Calintaan, Occidental Mindoro in May 2000. She was only
formally charged with attempted murder on 13 May 2004,
which exceeds the legislated 36 hours limit of detaining
without charges. She has not been produced to court as of
today.
At the time of her arrest she was 5 months pregnant and
she gave birth in jail on 22 September 2004. According to
Task Force Detainees of the Philippines (TFDP), she was
not provided with medical facilities to attend to her pre
and post-natal needs. Her health has reportedly
deteriorated since she was detained and her child has
suffered from intermittent cold and fever. The health
condition of her child has been gravely affected by the
lack of nutrition, immunizations and medical facilities,
compounded by unhealthy environment of the jail.
Local organizations, such as TFDP and Children's Legal
Rights and Development Center (CLRD) has been working for
her release through legal petitions as well as by
mobilizing support through its network, such as the World
Organization Against Torture (OMCT). CLRD is hoping to
take the opportunity to request the release of Ms.
Encomio during President Arroyo's recent drive to
reinstate a positive image damaged by the latest
political turmoil.
|
| |
Action Requested
Please write polite letters to the Philippine
authorities expressing concern on the prolonged detention
of Ms. Luisa Encomio, causing her physical condition and
the health of her 10-month old child, to be seriously
affected. Urge the authorities to release Ms. Luisa
Encomio immediately for humanitarian reason.
| Send
letters to: |
|
|
Her Excellency Gloria Macapagal-Arroyo
President of the Republic of the Philippines
Malacaņang Palace
J.P. Laurel St., San Miguel, Manila
PHILIPPINES |
Email: Fax:
|
corres@op.gov.ph
/ opnet@ops.gov.ph (63)
2-742 1641 / 2-929 3968
|
| Send
copies to: |
|
|
Secretary
Raul M. Gonzalez
Department of Justice
Padre Faura St., Manila
PHILIPPINES |
Fax: |
(63)
2-521 1614 |
Hon.
Purificacion Valera Quisumbing
Chairperson, Commission on Human Rights
SAAC Bldg., UP Complex
Commonwealth Avenue, Diliman,
Quezon City, PHILIPPINES |
|
|
| Diplomatic
representatives of the Philippines in your
country |
|
|
|
| |
Sample
Letter
We are gravely concerned about the
health condition of Ms. Luisa Encomio and her 10-month
old child. She was charged with attempted murder
on 13 May 2004 and is currently detained in
Mamburao Provincial Jail. Since her detention,
they have not been provided with any medical
attention.
We have noted the poor condition of detention
centers, such as the lack of sufficient
ventilation and nutrition, and the long legal
process it will take to settle a case. These will
cause much suffering to Ms. Encomio and her
innocent baby. Therefore, we kindly request you
to ensure the release Ms. Luisa Encomio for
humanitarian reason. The action will be a clear
statement of your concern for your people by
providing the helpless mother and her infant
dignified treatments.
The government of Philippines, a country that has
ratified International Covenant on Civil &
Political Rights (ICCPR), has the duty to treat
"all persons deprived of their liberty with
humanity and with respect for the inherent
dignity of the human person." (Article 10).
The government can better fulfill this obligation
by considering exerting less stress to the
vulnerable, a post-natal woman and her infant in
this case. |
|
| |
Background
Poor
Prison Condition Faced by Women
According to OMCT 2003 report on the Philippines, living
conditions in detention centers are poor. The delivery of
basic needs such as food, water and the provision of
sleeping areas are often insufficient or inadequate to
address necessities beyond survival. Water supply is not
clean, resulting in skin irritations and diseases.
Insufficient ventilation has caused lung problems.
Sleeping quarters are not well provided with mattresses
and mosquito nets, leading to sickness associated with
heat, colds and mosquito bites. This is aggravated by the
fact that women also lack exposure to clean environment
and clean air. The medical care women receive is
inadequate. Women who have children before they were
imprisoned are more adversely affected by the thought
that they are not with them. This is not addressed by
counseling provided by the government.
Slow Legal Process
The slow legal process often compounds the situation: The
Philippine Constitution provides that any suspect has the
right to be informed of charges against him/her, has the
right to counsel and speedy and public trial. Time limits
have been set for various courts to act on cases brought
to them for action: 24 months for the Supreme Court; 12
months for the Court of Appeals and 3 months for the
lower courts. However, there is no time limit for trials.
It has been noted in many cases that such time limits
have often been violated.
Moreover there are many backlogs at the lower courts
owing to lack of judges. It was reported that in 2002,
only 66% of the 2100 trial courts has a regular judge. In
Mindanao and other poor villages, only 17 out of 54 trial
courts have judges. Low pay compared to other occupations
is said to be the main cause of the vacancies. Low pay
among judges and prosecutors are also causes of
corruption among the judges and prosecutors.
Usually poverty prevents a defendant from having
effective legal counsel: while there are skilled defense
lawyers at the Public Attorney's Office (PAO), their
workload are large and resources are scarce. The PAO
provides legal representation for all impoverished
litigants at trial; however, courts may, at their option,
appoint any lawyer present in the courtroom to provide
counsel to the accused.
Ms. Encomio's case also illustrated the shortcoming. CLRD
has filed Habeas Corpus petition before she was charged.
Habeas Corpus is a petition filed with court that objects
the detention of a person, who is not charged of any
offence. It is supposedly a speedy remedy that takes less
than 30 days. However, the petition took the Supreme
Court 2 months and another month after the case was
referred to the Court of Appeal. The petition was finally
dismissed.
Latest Development
CLRD's latest action was the filing of a legal peition,
Motion for Preliminary Investigation, which may enable Ms.
Encomio to present her side of the case.
Sources:
Children's Legal Rights and Development Center
State violence in the Philippines: An alternative report
to the United Nations Human Rights Committee (OMCT 2003)
US Department of States Country Reports on Human Rights -
Philippines 2005
|
| |