Philippines
15.09.00
Urgent Interventions
Philippines: false charges
URGENT ACTION - THE OBSERVATORY
PHL 001 / 0009 / OBS 097
False charges
Philippines
15th September 2000
The Observatory for the Protection of Human Rights Defenders, an FIDH and OMCT venture, has requests your urgent intervention in the following situation in the Philippines.
Brief description of the situation :
The Observatory has been informed by the PREDA Foundation and Task Force Detainees of the Philippines (TFDP) of false charges, previously dismissed twice by the public prosecutor, against Father Shay Cullen, of the Preda Center in Olongapo. The PREDA Foundation is an NGO working particularly in children’s and women’s rights. Fr Cullen has been accused of abusing a child who was in protective custody at the Preda Center. These charges are related to the same charges that had already been dismissed last year.
According to the information received, in October 1997, a 7-year old child was found by Government social workers to have been abused by two 12-year old boys, her half-brother and houseboy, in her home in San Antonio, Zambales. When her nanny and father ignored her when she told them about the abuse she told her teachers and they brought her to the police, where it was recorded. It was further revealed in taped interviews that the father of the 7-year old child was sleeping with the young sister of the houseboy with the housekeeper’s knowledge and permission, in violation of the RA 7610, child protection act.
The parents of the child accused Fr Shay of abuse when the child was given protective custody at Preda, starting on January 29th 1998, by the authorities. Consequently, she was moved by the Department of Social Welfare and Development (DSWD) center. This was one of 50 false charges brought by the father of the child against Fr. Shay. At the DSWD center, a Case Evaluation Report was made. Professional counselling with government social workers and an interview with the NBI (federal police) revealed the consistent accusation against the two boys who had abused her. The houseboy confessed to the crime. Furthermore, there was not one word of complaint about her 28 days in the Preda Center. The child was later returned home following a demand by her father.
Although, DSWD filed the charges of child abuse against the two boys the case against the boys was dismissed under extraordinary circumstances. Preda later filed child abuse charges against the boys and it is pending in the Department of Justice, Manila.
A paedophile support group and a convicted paedophile which Fr Shay previously helped to bring to justice, have campaigned against Fr Shay Cullen and have claimed in an appeal that Fr. Shay and Preda staff had pressured the victims/witnesses to testify falsely against him. However, the Court of Appeals rejected this.
This same group is the one behind the false charges against Fr. Shay. The false accusation was dismissed twice by the public prosecutor but recently revived. 50 false and baseless charges have been filed during the past two years against the Preda staff and Fr. Shay. Most of the unfounded charges have been thrown out by the public prosecutor as groundless and harassment.
In addition to these charges, the mayor of Davao City in Mindanao has also allegedly charged Fr. Shay as a result of a protest against the killing of street children and youth by a death squad operating in the city. It is alleged that the mayor believed that he was alluded to in Fr. Shay’s protest and international Internet campaign to stop the killings.
The Observatory calls on the Philippine authorities to ensure that all charges against Fr Shay Cullen be dropped and that he be allowed to continue his work in the defence of human rights.
Action requested:
Please write to the authorities in the Philippines demanding that they:
i. ensure that all charges against Fr Shay Cullen are dropped and that he be able to continue his work as a human rights defender;
ii. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9 1998 (Declaration concerning the rights and responsibilities of individuals, groups and institutions to promote and protect universally recognised human rights and fundamental liberties ) in particular its Article 1 which states that «Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels» and Article 12.2 which provides that «The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.»
iii. guarantee the effective respect of fundamental rights and liberties in accordance with the provisions of the Universal Declaration of Human Rights and the international and regional Pacts and Covenants ratified by the Philippines.
Addresses:
His Excellency, Joseph Estrada, President, Republic of the Philippines, Malacanang Palace, Manila, Philippines E-mail: erap@ops.gov.ph, Fax: (+63) 2 832 3793
Secretary Artemio Toquero, Department of Justice, Padre Faura, Manila, Philippines, Fax: (+63) 2 521 1614
Senator Rene Cayetano, Senate Committee on Justice and Human Rights, GSIS Bldg., Roxas Blvd. Pasay City, Philippines, Fax: (+63) 2 818 7391
Commissioner Aurora Recina, Commission on Human Rights, SAAC Bldg., U.P. Complex, Commonwealth Ave., 1100 Quezon City, Philippines Fax: (+63) 2 631 6449
Geneva, Paris, 15th September 2000
Kindly inform us of any action undertaken, quoting the reference number given above.
The Observatory, an FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line : Fax : +033 (0) 1 55 80 83 92
Tel : FIDH 33 (0) 1 43 55 20 11 OMCT +41 22 809 49 39
E-mail : observatoire@iprolink.ch
PHL 001 / 0009 / OBS 097
False charges
Philippines
15th September 2000
The Observatory for the Protection of Human Rights Defenders, an FIDH and OMCT venture, has requests your urgent intervention in the following situation in the Philippines.
Brief description of the situation :
The Observatory has been informed by the PREDA Foundation and Task Force Detainees of the Philippines (TFDP) of false charges, previously dismissed twice by the public prosecutor, against Father Shay Cullen, of the Preda Center in Olongapo. The PREDA Foundation is an NGO working particularly in children’s and women’s rights. Fr Cullen has been accused of abusing a child who was in protective custody at the Preda Center. These charges are related to the same charges that had already been dismissed last year.
According to the information received, in October 1997, a 7-year old child was found by Government social workers to have been abused by two 12-year old boys, her half-brother and houseboy, in her home in San Antonio, Zambales. When her nanny and father ignored her when she told them about the abuse she told her teachers and they brought her to the police, where it was recorded. It was further revealed in taped interviews that the father of the 7-year old child was sleeping with the young sister of the houseboy with the housekeeper’s knowledge and permission, in violation of the RA 7610, child protection act.
The parents of the child accused Fr Shay of abuse when the child was given protective custody at Preda, starting on January 29th 1998, by the authorities. Consequently, she was moved by the Department of Social Welfare and Development (DSWD) center. This was one of 50 false charges brought by the father of the child against Fr. Shay. At the DSWD center, a Case Evaluation Report was made. Professional counselling with government social workers and an interview with the NBI (federal police) revealed the consistent accusation against the two boys who had abused her. The houseboy confessed to the crime. Furthermore, there was not one word of complaint about her 28 days in the Preda Center. The child was later returned home following a demand by her father.
Although, DSWD filed the charges of child abuse against the two boys the case against the boys was dismissed under extraordinary circumstances. Preda later filed child abuse charges against the boys and it is pending in the Department of Justice, Manila.
A paedophile support group and a convicted paedophile which Fr Shay previously helped to bring to justice, have campaigned against Fr Shay Cullen and have claimed in an appeal that Fr. Shay and Preda staff had pressured the victims/witnesses to testify falsely against him. However, the Court of Appeals rejected this.
This same group is the one behind the false charges against Fr. Shay. The false accusation was dismissed twice by the public prosecutor but recently revived. 50 false and baseless charges have been filed during the past two years against the Preda staff and Fr. Shay. Most of the unfounded charges have been thrown out by the public prosecutor as groundless and harassment.
In addition to these charges, the mayor of Davao City in Mindanao has also allegedly charged Fr. Shay as a result of a protest against the killing of street children and youth by a death squad operating in the city. It is alleged that the mayor believed that he was alluded to in Fr. Shay’s protest and international Internet campaign to stop the killings.
The Observatory calls on the Philippine authorities to ensure that all charges against Fr Shay Cullen be dropped and that he be allowed to continue his work in the defence of human rights.
Action requested:
Please write to the authorities in the Philippines demanding that they:
i. ensure that all charges against Fr Shay Cullen are dropped and that he be able to continue his work as a human rights defender;
ii. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9 1998 (Declaration concerning the rights and responsibilities of individuals, groups and institutions to promote and protect universally recognised human rights and fundamental liberties ) in particular its Article 1 which states that «Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels» and Article 12.2 which provides that «The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.»
iii. guarantee the effective respect of fundamental rights and liberties in accordance with the provisions of the Universal Declaration of Human Rights and the international and regional Pacts and Covenants ratified by the Philippines.
Addresses:
His Excellency, Joseph Estrada, President, Republic of the Philippines, Malacanang Palace, Manila, Philippines E-mail: erap@ops.gov.ph, Fax: (+63) 2 832 3793
Secretary Artemio Toquero, Department of Justice, Padre Faura, Manila, Philippines, Fax: (+63) 2 521 1614
Senator Rene Cayetano, Senate Committee on Justice and Human Rights, GSIS Bldg., Roxas Blvd. Pasay City, Philippines, Fax: (+63) 2 818 7391
Commissioner Aurora Recina, Commission on Human Rights, SAAC Bldg., U.P. Complex, Commonwealth Ave., 1100 Quezon City, Philippines Fax: (+63) 2 631 6449
Geneva, Paris, 15th September 2000
Kindly inform us of any action undertaken, quoting the reference number given above.
The Observatory, an FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line : Fax : +033 (0) 1 55 80 83 92
Tel : FIDH 33 (0) 1 43 55 20 11 OMCT +41 22 809 49 39
E-mail : observatoire@iprolink.ch