Karapatan files
complaint against gov’t officials engaged in red-tagging
By
KARAPATAN
December 4, 2020
QUEZOZN CITY – On
December 4, 2020, days after the last Senate committee hearing on
red-tagging, Karapatan filed criminal and administrative charges
against the ranking officials of the National Task Force to End
Local Communist Armed Conflict (NTF-ELCAC) and former PCOO
Undersecretary Mocha Uson. The National Union of Peoples’ Lawyers (NUPL)
serves as Karapatan’s counsel in this case.
During the filing of
charges before the Office of the Ombudsman, Karapatan Secretary
General Cristina Palabay said Hermogenes Esperon Jr., Antonio
Parlade Jr., Lorraine Marie T. Badoy, and Esther Margaux “Mocha”
Uson should be held criminally and administratively liable for the
acts that malign, vilify and baselessly red-tag her along with
Karapatan’s officers and members.
Palabay said red-tagging
of activists and progressive groups has led to the killings of human
rights defenders, enforced disappearances, illegal arrests and
detention, torture, criminalization of their jobs and advocacies,
and other defilements of their civil and political rights.
Parlade was earlier quoted
in an article by the Philippine News Agency (PNA) entitled “Denounce
Reds over brutal slay of CAFGU member, Karapatan told”, written by
Priam Nepomuceno and published on June 2, 2019, alleging that
Karapatan has a connection with the New People’s Army.
“On March 7, 2019,
Respondent Parlade, in a poster shared from the account of the Civil
Relations Service AFP, referred to KARAPATAN as a terrorist front
organization, told the European Union (EU) and the United Nations
(UN) falsehoods with regards to the human rights situation in the
country, and sought material support from EU member states on the
basis of these false claims,” the 40-page complaint said.
“Thereafter, on April 9,
2019, Respondent Parlade utilized the social media as his platform
to spread lies against me and my organization KARAPATAN. In a story
published by Kalinaw News in its website, Respondent Parlade was
quoted.”
The complaint also cited
that Parlade continued red-tagging KARAPATAN, “that even our support
for the calls for press freedom insofar as the franchise renewal
issue of ABS-CBN is concerned was smeared with malicious and
baseless accusations against us.”
The complaint said the
respondents’ red-tagging of Palabay, KARAPATAN and its members and
officers violates the principle of distinction under international
and domestic humanitarian law.
The Philippine government
is a party to the Comprehensive Agreement on Respect for Human
Rights and International Humanitarian Law (CARHRIHL). One of the
hallmark principles of International Humanitarian Law is the
principle of distinction, which restricts targets of attacks to
military objectives only to protect civilian persons and objects.
“Both parties affirmed the
applicability of the 1949 Geneva Conventions and its 1977 Additional
Protocols, which are main IHL treaties. The Rome Statute of the
International Criminal Court has parallel provisions and principles
on this,” the complaint said.
Under the complaint,
Palabay and Karapatan said red-tagging constitutes the Crime against
Humanity of Persecution.
Republic Act No. 9851 (RA
9851) or the Philippine Act on Crimes Against International
Humanitarian Law, Genocide, and Other Crimes Against Humanity
penalizes the crime against humanity of persecution.
Republic Act No. 9851 (RA
9851) or the Philippine Act on Crimes Against International
Humanitarian Law, Genocide, and Other Crimes Against Humanity
penalizes the crime against humanity of persecution.
Under Section 3(p) of RA
9851, persecution refers to “the intentional and severe deprivation
of fundamental rights contrary to international law by reason of
identity of the group or collectivity.”
“This crime against
humanity is committed when there is persecution “against any
identifiable group or collectivity on political, racial, national,
ethnic, cultural, religious, gender, sexual orientation, or other
grounds, committed as part of a widespread or systematic attack
directed against any civilian population,” the complaint said.
Under the complaint,
Karapatan and Palabay said the government officials also violated
the Anti- Graft and Corrupt Practices Act by doing acts that “are
contrary to law or regulation; are unreasonable, unfair, oppressive
or discriminatory; and are inconsistent with the general course of
an agency's functions, though in accordance with law proceed from a
mistake of law or an arbitrary ascertainment of facts; are in the
exercise of discretionary powers but for an improper purpose; or are
otherwise irregular, immoral or devoid of justification.”
“Respondents acted with
manifest partiality and evident bad faith when they recklessly
engaged in red-tagging me and KARAPATAN publicly, absent any
competent, admissible, much less credible evidence to prove their
claims,” the complainants said.
“Lastly, the red-tagging
and vilification against us have indubitably already caused us undue
injury not only by threatening our lives, liberty, security but also
discrediting our work and advocacy and besmirching our reputations.”
Download:
Copy of the complaint