Acquittal of Mr. Temogen Sahipa Cocoyâ Tulawie

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URGENT APPEAL - THE OBSERVATORY

New Information

PHL 001 / 0112 / OBS 007.2

Arbitrarydetention / Judicial harassment / Acquittal

The Philippines

September 21, 2015

The Observatory for the Protection of Human RightsDefenders, a joint programme of the World Organisation Against Torture (OMCT)and the International Federation for Human Rights (FIDH), has received newinformation and requests your urgent intervention in the following situation inThe Philippines.

Newinformation:

TheObservatory has been informed by reliable sources, about the acquittal to Mr. TemogenSahipa Cocoyâ Tulawie, a human rights defender and former provincialchairperson of the Consortium of Bangsamoro Civil Society (CBCS) in Mindanao,Sulu Province. His work involves the monitoring and documentation of humanrights violations affecting Muslim communities in the Autonomous Region inMuslim Mindanao, especially in Sulu Province.

According tothe information received, on July 20, 2015, the Manila Regional Trial Court(RTC) Branch 19 acquitted Mr. Tulawie of the charges of complicity in thebombing attack that occurred in Sulu in 2009 for lack of evidence. Mr. Tulawiehad consistently denied any involvement in the bombing (see backgroundinformation).

TheObservatory welcomes the dismissal of the charges against Mr. Tulawie, andcalls on the Philippine authorities to put an end to all ongoing acts ofjudicial harassment against other human rights defenders in the Philippines.However, the Observatory deeply regrets the arbitrary detention and thejudicial harassment that Mr. Tulawie has been subjected to.

Background information

Mr. Tulawiewas facing charges of multiple murderers and attempt murderers at the RegionalCourt of Jolo, Sulu Province, filed on July 22, 2009 (criminal case no.(07-09) 1648-3 and criminal case no. (07-09) 1649-3) against him and fourothers. The charges related to a bombing attack that took place in themunicipality of Patikul, Sulu Province, on May 13, 2009. The evidence andwarrant of arrest against Mr. Tulawie was based on the forced confessions of two of the accused, which theylater recanted.

Mr. Tulawie was initially forced to hide due to fears that he would not beaccorded a fair trial.

On June 13, 2011, the Supreme Court granted the motion he filed for transfer ofvenue to the RTC of Davao City. He argued that there were reasons to believethat his case would not be handled impartially if he was to be tried in the RTCof Jolo. In its decision, the Supreme Court acknowledged that there was an indicationof actual and imminent threat to the life of the petitioner and his family, aswell as his witnesses and that there was reason to believe that by conductingthe trial in the RTC of Jolo could lead to a miscarriage of justice.

On January 13, 2012, at about 11:45 pm, Mr. Tulawie was arrested and wasbrought to Davao City Police Office in Camp Domingo Leonor, Davao City.

In August2012, the case was ordered for transfer from Davao to the Manila RTC Branch 19.

On March 4and 6, 2013, the hearing of the motion for bail filed by Mr. Tulawie was heldat the Manila RTC Branch 19. During the hearing, the Prosecutor presented atotal of seven witnesses, five from the military and police and two self-confessed conspirators ofthe March 13, 2009 bombing, Messrs. Sali Said[1]and Mujibar Bongâ Alih Amon. Both witnesses were not included as accused norwere they mentioned as witnesses on the charge sheet against Mr. Tulawie.

Mr. Tulawiewas accused by. Mujibar Bongâ Alih Amon[2]of hiring him to assassinate Governor Tan but the police and military witnessesmade no mention of Mr. Tulawie´s involvement in the bombing attack.

The Observatory wishes to thank all of the individuals and organizationsthat have taking action as a response to the urgent appeal and have written tothe Filipino authorities on behalf of Mr. Temogen Cocoyâ Tulawie. No further action is currently requiredon your part concerning this case.

***

Geneva-Paris, September 21, 2015

TheObservatory, an OMCT and FIDH venture, is dedicated to the protection of HumanRights Defenders and aims to offer them concrete support in their time of need.

Tocontact the Observatory, call the emergency line:

• E-mail: Appeals@fidh-omct.org

· Tel and fax FIDH + 33 (0)1 43 55 25 18 / +33 1 43 55 18 80

• Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

[1] SaliSail admitted that he was one of those who conspired in the planning andexecution of the March 13, 2009 bombing as well as in other criminalactivities such as the kidnapping of a well-known network personality in2008. He also admitted that he was an active member of the Abu SayyafGroup (ASG). Yet, he was released from prison last February 15, 2013, twoweeks before the bail hearing of the Tulawie case.

[2] At the time of the motion for bailof Mr. Tulawie, Mujibar Bongâ Alih Amon was in detention on suspicion of beinga member of the ASG involved in the beheading of Almeda/Jehovah witnessesmembers,