---------- Forwarded message ---------- Subject: Fwd: GMA's FEARS
> > Written by Marites Dañguilan Vitug > Wednesday, 03 March 2010 > > What is happening in two countries not far from us must be giving President > Arroyo the chills. > > Last week, Thailand’s Supreme Court ruled that former Prime Minister > Thaksin Shinawatra should be stripped of more than half of his contested > $2.3 billion fortune. > > These assets, the Court said, were gained illegally when Thaksin was prime > minister. He abused his power to benefit the companies that he owned. > > Earlier, in January, Pakistan’s Supreme Court ordered the government to > reopen cases against President Asif Ali Zardari, citing President Ferdinand > Marcos and other heads of state who were taken to court to answer corruption > charges. The Supreme Court asked the government to account for $600 million > in Zardari’s bank accounts in Switzerland. > > The Court also threw out an amnesty that shielded hundreds of powerful > Pakistanis from prosecution. > > What is remarkable about Pakistan is that the Court is going after a > sitting president and other powerful officials. > > In Thailand, Thaksin has been out of power for more than three years. He > was ousted in a coup in 2006. Corruption investigation began immediately > after he left and his family’s assets were frozen in 2007. Prosecutors > asked the Supreme Court to seize these in 2008. > > These rulings from Thailand and Pakistan show the resolve of these two > countries’ highest courts to seek justice, no matter that the cases > involve top officials. > > In another part of the world, a Peruvian Supreme Court three-member panel > in April 2009 sentenced former President Alberto Fujimori to twenty five > years in prison for his involvement in a military death squad during a > conflict with guerrillas in the 1990s. The verdict came after more than a > year of trial that was broadcast on national television. > > “Justice was finally delivered—by one of our own courts,†wrote Maria > McFarland Sanchez-Moreno of Human Rights Watch. “This suggests that next > time Peruvians may be able to put their trust in democratic institutions.†> > Human rights, corruption > > > > Segue to the Philippines. > > In this light, it is easy to see why the Palace insists that President > Arroyo should appoint the next chief justice despite a constitutional ban on > appointments 60 days before elections and up to the end of the President’s > term. > > It’s really all about fear. On two grounds—human rights violations and > corruption—President Arroyo may find herself vulnerable. > > Human rights and public-interest law groups have said that they plan to > file suits versus the President and her family. The experiences of Thailand, > Pakistan and Peru will be quite helpful. > > Personalities on the Court matter a lot as well. The most senior justice on > the Court, Antonio Carpio, has shown his independence in various decisions, > especially when he thwarted President Arroyo’s allies’ move to amend the > Constitution and extend their terms and that of Arroyo’s in the famous > people’s initiative case. > > The next most senior, Renato Corona, is a loyal ally of President Arroyo. > His voting record on the Court speaks for itself; he shares top billing with > a couple of other justices when it comes to voting in favor of President > Arroyo. He and Carpio have been on opposing sides in a number of cases that > affect the interests of the Palace. > > > Puno not a Chaudhry > > > > The battle of wills between Malacañang and the Judicial and Bar Council, > the body that vets nominees to the Court, has shifted to the Supreme Court > because the JBC, so far, has stood its ground. It has not succumbed to > pressure to submit to the President a list of candidates to fill up the > vacancy that has yet to happen when Chief Justice Reynato Puno retires on > May 17, more than two months away. > > The JBC has dutifully started the process of selecting nominees but they > still have a few more steps to complete. But even at this early stage, some > impatient groups have brought the issue to the Supreme Court, asking the > justices to compel the JBC to give the President its shortlist. > > Chief Justice Puno has not taken a position on this raging controversy > except to joke about it, saying that his birthday, which is the day he > retires, has become such a public event. And when the JBC became a > respondent in various petitions urging the Council to give the President its > list, Puno said he would inhibit himself in the Court’s deliberations > because he chairs the vetting body. > > Compare this to Pakistan’s Chief Justice Iftikhar Muhammad Chaudhry who, > just a few weeks ago, clashed with President Zardari over the appointment of > a Supreme Court member. Zardari backed down, withdrew his choice, and > submitted a candidate whom Chaudhry did not oppose. The top judge of > Pakistan enjoys national popularity after he was removed by former President > Pervez Musharraf. He was reinstated after a series of protest marches led by > lawyers. > > What happened in Thailand, Pakistan and Peru hit close to home. These > countries’ experiences are telling us that our own legal systems—led by > the Supreme Court—can take on the powerful. > -- You received this message because you are subscribed to the Google Groups "gimik" group. 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