Lawyers’ groups ask UN rapporteur to act on Duterte’s tirades vs. Sereno

Lawyers’ groups led by a mandatory organization for all Filipino law practitioners want an investigator with the United Nations to take “urgent action” on President Rodrigo Duterte’s statements perceived as detrimental to the independence of judges and lawyers in the country. 

On Wednesday, the Integrated Bar of the Philippines (IBP), National Union of People’s Lawyers, Alternative Law Groups, Ateneo Human Rights Center, Free Legal Assistance Group, Manananggol Laban sa EJKs, and the International Pro Bono Alliance submitted a report to Diego Garcia Sayan, the UN Special Rapporteur on the Independence of Judges and Lawyers.

A primary concern among the group is about Duterte’s call for fast-tracking the impeachment process against Chief Justice Maria Lourdes Sereno, in which he also tagged himself as an “enemy” of the embattled top magistrate.

“The recent tirades of the President against the Chief Justice do not sound at all foreboding. They rather expectedly punctuate the long-winded attacks on judicial independence that began almost two years ago, when the Chief Justice dared resist an apparent intrusion into judicial power,” the groups said in a statement.

Sereno is now facing possible removal from office via one of two active means: impeachment at the legislature and the invalidation of her appointment at the Supreme Court.

The groups cited the President’s public reprimand of IBP president Abdiel Fajardo after the latter spoke about the need for the Office of the Ombudsman to be “insulated from political pressure” and for public officials not to be “onion-skinned.”

They noted the petition for proscription filed by the Department of Justice seeking a terror tag on the Communist Party of the Philippines-New People’s Army, in which 600 individuals, including a lawyer, a former congressman, and a UN Special Rapporteur, were enumerated as alleged officers or members of the rebel group.

“It appears that lawyers who criticize government policies, as well as those whose clients have been tagged as ‘dissenters’ or ‘activists’ are harassed. The lawyers are labeled ‘rebels’ and ‘criminals’ and consequently subjected to intense surveillance,” the statement said.

The groups noted an alarming rise in the number of lawyers getting killed, and that such cases remain unresolved or unprosecuted to such extent that lawyers are seemingly hesitant to take on cases involving illegal drugs.

They said that Duterte’s warning that lawyers of drug suspects will be the next targets of his drug war also had “chilling effect” on those would usually take on the case.

“The State’s continued inaction towards the deaths of lawyers creates an environment where lawyers are hesitant to accept drugs cases, especially to participate as legal counsel for persons accused of illegal drug activities,” they said.

They claimed that the state is unable to stem the “weakening” of the judiciary, a situation that they said “gives rise to international responsibility.”

“Such jeopardizes the very essence of democracy in the Philippines, particularly the matter of checks and balances. Hence, this appeal for urgent action on the part of the UN Special Rapporteur on the Independence of Judges and Lawyers.”

Among the functions of the UN Special Rapporteur is to act on communication, such as the request sent by the Philippine lawyers’ groups, by sending allegation letters and urgent appeals to concerned governments to clarify and/or bring such cases to their attention, according to the Office of the High Commissioner on Human Rights

The Special Rapporteur may then visit the Philippines, either by first asking the government for an invitation, or by receiving an invite on the government’s own initiative.

After such a visit, the expert will submit a report to the UN Human Rights Council (UNHRC) where he or she will present his or her findings, conclusions, and recommendations.

But what if in the event such a visit and report materialize and Duterte chooses to ignore them?

“Kapag myembro ka ng Human Rights Council (HRC), doon sa peer review ng UNHRC, pwede kang magkaroon ng negative findings ... in which case sa international community, ang panget-panget na ng bansa mo,” NUPL chairperson Neri Colmenares said.

Former Ateneo School of Government dean Antonio La Viña said ignoring the rapporteur’s recommendations is “in defiance” of the UNHCR.

Meanwhile, AHRC executive director Arpee Santiago urged government to  participate in a UN investigator’s probe should it take place, saying that the expert is “independent” and “not a political figure.”

“If they want the truth to come out and if the truth is really on their side,” dapat wala nang itago,” Santiago noted.

Duterte hasn’t taken kindly to the possibility of a UN investigator looking into Philippine affairs.

In November, he threatened to slap Agnes Callamard, UN Special Rapporteur on extrajudicial, summary, or arbitrary executions if she starts probing into his campaign on illegal drugs. —VDS/RSJ, GMA News