GMA faces arbitrary detention raps at UN
By Michael Punongbayan
The Philippine Star 03/18/2006

President Arroyo has been accused of arbitrary
detention by a group of human rights lawyers
petitioning the United Nations (UN) Committee on Human
Rights in Geneva, Switzerland.

The group Counsels for the Defense of Liberties
(Codal) filed the case against Mrs. Arroyo, accusing
her of violating existing treaties in the arrest and
detention of Anakpawis party-list Rep. Crispin
Beltran.

Codal spokesman Neri Colmenares said Mrs. Arroyo is
violating the international covenant that protects
citizens of UN member countries against political
persecution.

"We filed the arbitrary detention charge in New York
which was received by Markus Schmidt of the Petitions
Unit," Colmenares told The STAR yesterday.

"We have been informed that the case has already been
forwarded to Geneva where the UN’s Working Group on
Arbitrary Detention is," he said.

Codal is asking the UN to investigate Beltran’s arrest
by sending a representative to the country to submit a
report before the general assembly.

The group said the case stems from the fact that the
Philippines is a signatory to international treaties
concerning the protection of civil and political
rights.

"We told the UN that this (Beltran’s case) is
politically motivated," Colmenares said.

He maintained Mrs. Arroyo has violated the civil and
political rights of a duly elected member of Congress.


Notwithstanding differences in political beliefs,
Colmenares said the Arroyo administration has no right
to detain Beltran.

"Under international law, you cannot be detained or
arrested for your political beliefs," he stressed.

Codal is also asking the UN to order the release of
Beltran who is still under the custody of the
Philippine National Police (PNP) at Camp Crame after
the Department of Justice (DOJ) filed a rebellion case
against the 73-year-old militant lawmaker two weeks
ago.

The government has accused Beltran of pushing the
revolutionary armed struggle of Communist Party of the
Philippines-New People’s Army (CPP-NPA) in the legal
front.

Top security officials suspected Beltran of being a
member of the CPP-NPA’s central committee and using
his position as a lawmaker to propagate a
revolutionary struggle for the overthrow of the
government.

For his part, Beltran said his pleas for freedom had
apparently fallen on deaf ears which prompted him to
seek outside help.

He told the UN agencies that the Arroyo government
violated the International Covenant on Civil and
Political Rights and other international human rights
laws by arresting him on the basis of his political
beliefs.

Beltran claimed he was arrested on the strength of a
1985 warrant issued in connection with a case that had
been dismissed after the Marcos regime was overthrown
in 1986.

By using the same warrant, Beltran said the Arroyo
government had put him behind bars for his political
beliefs.

Beltran claimed he was being held in jail despite a
release order issued by a Quezon City court.

The militant lawmaker expressed concern over his
"arbitrary arrest and continuing detention" and urged
the UN to look into his case.

Agents of the PNP Criminal Investigation and Detection
Group (CIDG) arrested Beltran just after Proclamation
1017 was issued by President Arroyo, declaring a state
of national emergency.

Beltran was arrested on Feb. 25 on the strength of a
1985 warrant.

Five other militant party-list lawmakers are also
targeted for arrest but they sought protective custody
inside the House of Representatives.

In an apparent effort to justify the continued
detention, the CIDG later filed a case for inciting
for sedition against Beltran, an offense punishable by
imprisonment of less than six years.

Under the Constitution, a member of Congress is immune
from arrest while the legislature is in session if the
penalty for the crime he or she is accused of is six
years’ imprisonment or lighter.

Faced with the prospect of releasing him, police later
amended its case against Beltran to rebellion.

Beltran is being held at the PNP hospital near his
Camp Crame detention cell. He was rushed to the
hospital weeks ago after his blood pressure shot up.

His wife has asked the authorities to release him,
saying at 73, Beltran is too old and too sick to
commit mischief.

In July last year, Beltran suffered a stroke that
paralyzed the left part of his body and slurred his
speech.

His doctors said the stroke could recur if his rising
blood pressure is not controlled.

Among those who have joined calls for Beltran’s
release is Sen. Joker Arroyo, his lawyer during the
martial law years.

Arroyo said the police arrested his former client
illegally by using a l985 warrant since the Aquino
administration had pardoned and granted amnesty to
people that the Marcos regime kept in jail for their
political beliefs, including Beltran. UN complaint
filed
Codal, meanwhile, said they also filed a complaint
before the UN Human Rights Committee against President
Arroyo for the summary execution of activists Eden
Marcellana, Choy Napoles, Benjaline Hernandez and
Eddie Gumanoy.

Codal claimed the Arroyo government failed to follow
judicial procedure in conducting arrests and in
cracking down on the media.

The group accused the Arroyo administration of being
"brutal" in stifling political dissent and dealing
with the political opposition.

Codal filed the complaint weeks after opposition Sen.
Jamby Madrigal accused Mrs. Arroyo before the UN of
human rights violations in the implementation of
Proclamation 1017.

Madrigal took the initiative from the United
Opposition (UNO), which earlier announced its
intention to file a human rights complaint against the
President before the UN body.

Madrigal sought intervention from the UN on behalf of
the victims of human rights violations allegedly
committed by the Arroyo government.

UNO had said the complaint would be for human rights
violations committed under the implementation of
Proclamation 1017 which declared a state of national
emergency for a week.

UNO claimed that "blatant acts of repression and
curtailment of civil liberties" ensued after Mrs.
Arroyo implemented the state of emergency,
specifically the ordering of arrests of Beltran and
other opposition political leaders who were merely
exercising their civil rights. — With Jess Diaz,
Katherine Adraneda

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