‘UTTERLY SHOCKED’ | IBP Lanao del Sur, after backing Martial Law, sounds alarm over rights abuses in Mindanao

June 10, 2017 - 4:11 PM
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The Lanao del Sur chapter of the Integrated Bar of the Philippines on Saturday released a statement expressing its “utter shock” over the scale of human rights abuses in the implementation of the May 23 declaration of Martial Law and Suspension of the Privilege of the Writ of Habeas Corpus in the whole of Mindanao.

In a formal communication addressed to President Rodrigo Duterte via Department of National Defense Secretary Delfin Lorenzana, IBP-Lanao del Sur cited the “sheer magnitude of wanton disregard of sanctity of domicile, the right against deprivation of property without due process of law, the right to be secure in one’s person, house, papers and effects against unreasonable searches and seizures and the privacy of communication and correspondence of innocent civilians committed by AFP and PNP who take pride of being the protector of the people.”

The statement was signed by Atty. Aminoden Macalandap, the chapter President, with the concurrence of the Board of Officers.

The chapter had earlier expressed support for President Duterte’s declaration of Martial Law, even as it did not close its eyes on any forms of abuses committed in the implementation thereof.

“Since day one, the IBP-Lanao del Sur Chapter has been extra vigilant in safeguarding human rights of the people of Marawi City and Lanao del Sur by gathering first-hand data and information fresh from the battle field,” part of the statement read.

“As highly placed reports are pouring in after several days of clearing operations conducted by military men, the IBP-Lanao del Sur Chapter has been utterly shocked, to use a milder term, by sheer magnitude of wanton disregard of sanctity of domicile, the right against deprivation of property without due process of law, the right to be secure in one’s person, house, papers and effects against unreasonable searches and seizures and the privacy of communication and correspondence of innocent civilians committed by AFP and PNP who take pride of being the protector of the people. Consider the following:

“1. Searches without warrants of residential and commercial establishments bearing no badge of suspicion linking to Maute Group;

“2. Unauthorized intrusions of residential and commercial establishments without the presence of owners, media or any authorized person;

“3. Forcible entries of private residential and commercial establishments;

“4. Total disregard of plain view doctrine in searches and seizures activities;

“5. Ransacking of residential and commercial establishments without authority.”

As a consequence of illegal searches and seizures, the statement continued further, “rampant loss of valuable personal belongings of innocent and helpless civilians has been reported. Residential and commercial establishments have been laid open to looters all over the besieged city. The remnants of ransacked residential and commercial establishments bear imprints of gruesome acts of blatant violations of laws.

“As shown in video footages and pictures posted in social media, military men who committed these criminal acts in public exhibited no remorse. And yet, no one raises a voice of dissent. The deafening silence in the congress, appropriate government agencies and even the mainstream media on the matter is not only alarming but construed as an implied approval of unspeakable acts bestiality.

“The wholesale illegal searches and seizures- unparalleled in its magnitude- for even the Marcos years of Martial Rule pales in comparison thereto, is, to borrow the phrase of IBP Board of Governors released on November 25, 2009, “an indictment of our society that takes pride on adherence to democracy and the rule of law. It is an indictment of our government’s inability to enforce the law and maintain order … ”

“Thus, the IBP-Lanao del Sur Chapter hereby expresses its severe outrage and condemnation over illegal searches and seizures in Marawi City by military men, police and other law enforcement agencies which results in rampant loss and deprivation of properties and possessions of innocent civilians.

“In view thereof, it is calling on the Secretary of National Defense and the Martial Law Administrator to ACT AND RESPONSE DECISIVELY and CONSIDER the following recommendations:

“1. Immediately STOP searches and seizures without court warrants;

“2. Swiftly return all properties illegally seized;

“3. Create a credible multi-agency investigation committee composed of independent groups and individuals to avoid whitewash and ensure impartial findings and swift prosecution.

“In closing, we also call on all IBP chapters across the country, their officers and members, as well as others sectors to support our actions in this critical moment to ensure that the people’s bill of rights in Lanao del Sur and Marawi City enshrined in the constitution is respected and honored, never suppressed, at all times even during the effectivity of martial law.

“If, in the remotest possibility, this urgent plea falls on deaf ears, the IBP-Lanao del Sur Chapter will not hesitate to take appropriate legal action.”