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CASE No - Inter-Parliamentary Union

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- 3 - CL/183/SR.1<br />

ANNEX XXX<br />

Considering lastly that the House of Representatives has adopted a series of resolutions to<br />

inquire into politically motivated killings, summary executions and enforced disappearances, urging the<br />

Government inter alia to immediately sign and ratify the United Nations <strong>Inter</strong>national Convention for the<br />

Protection of All Persons from Enforced Disappearance; that in Resolution 118, it directed the House<br />

Committee on Civil, Political and Human Rights inter alia to "conduct an investigation into the various<br />

forms of human rights violations and attacks against members and leaders of Anakpawis Party-list and<br />

other progressive parties and organizations … and to put an end to political repression of the party lists<br />

they belong to",<br />

1. Thanks the House of Representatives and the Permanent Representative of the Philippines<br />

to the United Nations Office in Geneva for their cooperation;<br />

2. Recalls that the rebellion charges, which were initially filed against the parliamentarians<br />

concerned by IALAG after nine months of preparation, were finally dismissed by the<br />

Supreme Court as clearly being politically motivated, which casts doubt on IALAG‘s<br />

"utmost respect for the fundamental human rights of due process, equal protection, and<br />

the rule of law"; recalls that, likewise, a petition to bar the political parties to which the<br />

parliamentarians concerned belong from standing in the last elections was dismissed by the<br />

Commission on Elections for lack of merit;<br />

3. Has therefore grounds to remain concerned at the new criminal cases brought against the<br />

parliamentarians in question, especially in the light of the serious allegations that the<br />

charges have been fabricated and due process is not being observed, as these proceedings<br />

may well be part of an ongoing effort to remove them and their political parties from the<br />

democratic political process;<br />

4. Expresses particular concern at the considerable delay in the prosecution’s efforts to resolve<br />

the “obstruction of justice” case against Representative Casiño, which was filed more than<br />

one year ago and has not proceeded at all; fears that such delay may well denote the<br />

absence of a case, and urges the authorities either to drop the charges forthwith or to try<br />

Representative Casiño diligently with due respect for all fair trial guarantees;<br />

5. Is, moreover, concerned at the differing views of the courts on the admissibility of<br />

extrajudicially obtained confessions as evidence; would appreciate receiving information as<br />

to the rules on the admissibility of evidence in Philippine law;<br />

6. Strongly recalls that, in dealing with these cases, the prosecution and judicial authorities<br />

have a duty not to proceed with any case on the basis of political considerations; once<br />

again recalls in this respect the Supreme Court ruling in the rebellion case in which the<br />

Court reiterated "the importance of maintaining the integrity of criminal prosecutions in<br />

general and preliminary investigations in particular" and stated the following: "We cannot<br />

emphasize too strongly that prosecutors should not allow, and should avoid giving the<br />

impression that their noble office is being used or prostituted, wittingly or unwittingly, for<br />

political ends";<br />

7. Reiterates its wish to be kept informed of the proceedings in the cases in question,<br />

including, where appropriate, through the intermediary of a trial observer;<br />

8. Sincerely hopes that the initiatives taken by the House of Representatives to ensure respect<br />

for human rights and the rule of law will succeed, and would appreciate receiving<br />

information on the inquiry entrusted to the House Committee on Civil, Political and<br />

Human Rights to investigate the various forms of human rights violations targeting<br />

progressive party list representatives;<br />

9. <strong>No</strong>tes finally the accidental death of Mr. Crispin Beltran and decides to close his case;<br />

10. Requests the Secretary General to convey this decision to the competent authorities,<br />

including the National Human Rights Commission, and to the other parties concerned;<br />

11. Requests the Committee to continue examining this case and report to it at its next session,<br />

to be held on the occasion of the 120 th Assembly of the IPU (April 2009).

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