CASE No - Inter-Parliamentary Union
CASE No - Inter-Parliamentary Union
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).