NEWS RELEASE

Reference: Atty. Edre U. Olalia
National Union of People’s Lawyers (NUPL) Secretary – General
(09175113373)

Human rights lawyers association National Union of People’s Lawyers (NUPL) challenged the resolution of the Commission of Human Rights on the abduction and torture of Melissa Roxas, a Filipino-American activist and Bayan-USA member.

“We are at a loss to interpret such illogical legal reasoning ,” states NUPL  Secretary-General Atty. Edre Olalia. He was referring  to the Resolution’s findings that Roxas was indeed abducted and tortured, but then stops short of holding the military accountable. The resolution further went into unprecedented speculations on who could possibly be behind these human rights violations, pointing at the New People’s Army (NPA).

Roxas was abducted on May 19, 2009 in La Paz, Tarlac. She was repeatedly subjected to physical and psychological torture to force a confession that she was a member of the NPA.

The Resolution states that there was “insufficient evidence” to conclude that military agents were the ones behind Roxas’ abduction and torture. It then, in a leap of inference perhaps betraying a scarcity of objectivity,  went on to say that it has received “information” from unspecified individuals saying that the NPA could have possibly committed the kidnapping and other human rights violations on Roxas.

Atty. Olalia points out that “the CHR is quick to deflect AFP’s hand in Melissa’s torture, while giving credence to flimsy and questionable sources to surmise NPA involvement. However, CHR was not able to produce a shred of evidence to substantiate its incredible claims.”

The CHR itself admits the dubiousness of its findings, adding in its defense, “the failure to identify specific persons to accuse and hold responsible is not fatal to the competence of the CHR to make a finding on the question of the commission of human rights violation.”

The Court of Appeals had earlier granted Roxas’ petition for a writ of amparo, declaring that her testimony was “credible and worthy of belief.” The Supreme Court itself had additionally directed that further investigation be conducted with the use of extraordinary diligence in order to identify the perpetrators behind the abduction and torture. And yet with one stroke of the pen, the CHR aims to remove  the burden of responsibility on the military to prove that it was not guilty of abducting and torturing Roxas. “Where is this extraordinary diligence?” asks Atty. Olalia. “It is downright ironic for the CHR, which is constitutionally tasked to investigate human rights violations, to be the first to mask the AFP’s role in Melissa’s abduction and torture.”

Joining other other human rights victims, their relatives, and human rights advocates, the NUPL tells the CHR, “Stick to the issue: given the facts, pattern, motive, means, opportunity and context of her ordeal, Melissa was clearly abducted and tortured by the State security forces under the Oplan Bantay Laya program of GMA. Ignoring the overwhelming facts will only engender impunity and make perpetrators gloat and swagger like they were her protectors rather than cut them down to size and make them accountable.”

PRESS RELEASE
Contact: Rhonda Ramiro
BAYAN-USA Secretary General
secgen@bayanusa.org

“This is a cover-up,” stated BAYAN-USA Chair Bernadette Ellorin in response to the release of a Resolution by the Commission on Human Rights of the Philippines (CHR) on the case of the abduction and torture of Filipino American Melissa Roxas on May 19, 2009.  The result of an investigation begun on the 25th of May 2009, the CHR’s report cites copious evidence gathered through public inquiries, expert witnesses, inspections of the abduction site and military facilities where Roxas was possibly held, and sworn statements by Roxas herself, yet concludes that “In light of the lack of evidence against the persons who inflicted the physical and psychological maltreatment on the complainant, it is not possible for the Commission to reach any findings on torture” in Roxas’ case.

“With this single report, the CHR has virtually erased any progress made in its 1-1/2 year investigation into this case by the previous CHR chair.  It appears that now the CHR is more concerned with covering up the crimes of the Philippine military than with uncovering the truth about human rights violations in the country,” said Ellorin.

The first American citizen to be abducted and tortured under the administration of former President Gloria Macapagal Arroyo, Roxas is a well-known Filipino American human rights advocate and was BAYAN-USA’s first Regional Coordinator in Los Angeles, CA and a founding member of the Los Angeles-based cultural organization Habi Arts.  In her sworn affidavit and testimony provided in several court appearances and CHR Public Inquiries in 2009, Roxas described in detail the ordeal she experienced at the hands of the Philippine military: being abducted by approximately 15 armed men, handcuffed and blindfolded for six days, held in a jail cell, subjected to torture via asphyxiation using a doubled-up plastic bag, repeated beatings to the face and body, and having her head banged repeatedly against the wall by her interrogators, who tried to force her to admit that she was a member of the New People’s Army and advised her abandon communism and to “return to the fold.” Roxas said that one interrogator stated those who tortured her were from the Special Operations Group (SOG), and she heard one of her interrogators addressed as “Sir.” She also heard gunfire from what she believed to be a firing range as well as the sounds of aircraft, pointing to the high probability that she was held in a military camp.

By its own admission, the CHR report states that Roxas provided exceptionally consistent and detailed descriptions of the torture she underwent, the place she was held, and the physical appearance of five people involved in her abduction and detention, indicating that Roxas’ testimony is extremely credible. However, the CHR report still concludes that it has “insufficient evidence to pinpoint individual members of the AFP as the possible or probably perpetrators.”

Moreover, the CHR report dares to shift the blame from the Philippine military to the New People’s Army (NPA).  “The CHR has received information that indicate the possibility that members of the NPA committed the kidnapping, and other human rights violations on Roxas,” states the resolution on page 20.  In response, Ellorin said, “By making such blanket accusations without providing a speck of evidence, the CHR under President Aquino is showing that it is no different from the Philippine Presidential Human Rights Commission (PHRC) under Arroyo, which tried to dismiss Melissa’s traumatic ordeal by saying that it was fabricated.  Falling for information like this is laughable, especially considering that Melissa’s captors tried to force her to admit she was an NPA member.  Even worse, the CHR resolution opportunistically supports the Aquino government’s counter-insurgency program Oplan Bayanihan, which is attempting to demonize the NPA while duping the public into believing that the AFP is a peace-making force.”

International human rights advocates such as Amnesty International, Human Rights Watch, and the United Nations Special Rapporteur on Extrajudicial Killings have repeatedly criticized the Philippine government’s cover-up of state-sponsored torture. “This CHR resolution perpetuates the culture of impunity that reigns in the Philippines. There is still no justice for the innocent women and journalists slaughtered in the Maguindanao Massacre in 2009, not one perpetrator has been apprehended in the cases of thousands of cases of extra-judicial killings, nor the abduction and torture of people like Melissa Roxas and the Morong 43 health workers,” said Ellorin.

“The CHR resolution will just add fuel to the fire of the Justice for Melissa campaign,” continued Ellorin.  “While the CHR under Aquino lacks the political will to uphold human rights, BAYAN-USA and Melissa’s supporters will persist in pursuing justice for Melissa through all vehicles available to us in the U.S.”

The timing of the release of the CHR Resolution comes as the U.S. Congress enters the final weeks of a contentious budget battle, expected by both Democrats and Republicans to result in hundreds of billions of dollars in cuts to essential public services.  BAYAN-USA calls on the U.S. Congress and Obama administration to stop pouring millions of American taxpayer dollars into the Philippine military, which tortures and kills innocent people under the tacit protection of the so-called Commission on Human Rights.

BAYAN-USA is an alliance of 14 progressive Filipino American organizations in the U.S. representing organizations of students, scholars, women, workers, and youth. As an international chapter of Bagong Alyansang Makabayan (BAYAN-Philippines), BAYAN-USA serves as an information bureau for the national democratic movement of the Philippines and as a campaign center for anti-imperialist Filipinos in the U.S.

PRESS RELEASE
BAYAN Philippines

The umbrella group Bagong Alyansang Makabayan slammed the Commission on Human Rights for saying that Fil-Am activist Melissa Roxas may have been abducted by the New People’s Army and not the Armed Forces of the Philippines.

“This assertion is misleading and practically clears the AFP of any liability. The resolution is a big blow against human rights and will only serve to embolden future torturers,” said Bayan secretary general Renato M. Reyes, Jr.

“The claim that the NPA abducted Melissa is illogical and does not conform to facts and circumstances of the case. Melissa was abducted by armed men, on suspicion she was an NPA rebel. She was forced to sign a document admitting she was an NPA rebel. She was repeatedly asked to return to the fold of the law. She was even told she was in the “order of battle”. How then can the CHR give credence to the claim that the NPA abducted Melissa? It defies common sense,” Reyes said.

Bayan said that the detailed testimony of Roxas was apparently not considered by the CHR in its resolution.”In cases of torture, the best evidence and testimony come from the survivor. However, instead of following up on the leads provided by Melissa’s testimony, the CHR got so-called ‘credible sources’ pointing to the NPA’s involvement. Yet neither the CHR nor its sources provided a shred of evidence or even motive establishing that the NPA abducted Melissa,” Reyes said.

“The CHR doesn’t even think that what happened to Melissa was torture simply because she allegedly failed to establish the identities of her captors. This is truly an injustice and an affront to the victim,’ Reyes added.

In her testimony, Roxas said she got a glimpse of men wearing fatigue uniform, heard gunfire as if in a firing range, and heard the sound of aircraft as if near an airport or landing strip. She also said she was confined in a facility that appeared to be a barracks that had iron bars.

“Isn’t it the AFP who has the motive for abducting Melissa, because of her leftist involvement? Why was Melissa’s detailed account of her interrogation simply disregarded? Why not pursue the investigation as to the involvement of the AFP instead of muddling the issue with an unfounded theory?” Reyes said.

“The CHR resolution tends to discourage victims of human rights violations from seeking the Commission’s help,” he added.

Roxas, who is in the US, is currently consulting with her lawyers and organization and is expected to issue a statement soon.

PRESS RELEASE
BAYAN Philippines

The umbrella group Bagong Alyansang Makabayan today slammed the Commission on Human Rights resolution on the case of the abduction and torture of Fil-Am activist Melissa Roxas. The group said that the report “practically clears the AFP of any wrongdoing”.

“We are very disappointed with the report. This seems to be a departure from the investigation initiated by the former CHR chair. The resolution says that there is insufficient evidence to lay responsibility for Melissa’s abduction and torture on the AFP. This is despite Melissa’s credible and detailed testimony,” said Bayan secretary general Renato M. Reyes, Jr.

“The resolution is an embarrassment for the CHR. It’s also a great injustice after Melissa fully cooperated with the probe of the Commission. This tends to discourage victims seeking the CHR’s help,” he added.

Roxas, a member of BAYAN’s United States chapter, was abducted in La Paz, Tarlac on May 19, 2009 along with John Edward Jandoc and Juanito Carabeo. She was held for several days and subjected to various forms of torture on allegations that she’s a member of the New People’s Army.

In its findings, the CHR said that there is insufficient evidence to support the claim of torture because there was not enough evidence to determine the identities of the abductors. The CHR says torture includes the elements of State party and agents.

“In the light of the lack of evidence against the persons who inflicted the physical and psychological maltreatment on the complainant, it is not possible for the Commission to reach any findings on torture, the definition of which includes elements of State party or agent and certain intentions, purposes and motivations,” the CHR resolution said.

“There is, however enough evidence to find that complainant has suffered cruel, inhumane and degrading treatment or punishment by persons unknown,” the CHR added.

Insufficient evidence against AFP

“As regards the complainant’s belief and allegations that members of the Armed Forces of the Philippines forcibly took Melissa Roxas and companions from Mr. Paulo’s house in Tarlac on May 19, held her in captivity and subjected her to physical and mental maltreatment: there is insufficient evidence to support this conclusion, and insufficient evidence to pinpoint individual members of the AFP as the possible or probable perpetrators,”

“The CHR has received information that indicates the possibility that members of the NPA committed the kidnapping and other human rights violations on Roxas et al. These sources have been found to be credible. However, no specific names of individuals have been provided to the CHR, thus the Commission, with its limited resources, is unable to further follow up and identify specific persons as the possible perpetrators,” the report said.

The report also said that “given the findings that present strong indication of involvement of the members of the New People’s Army as the perpetrators of the human rights violations against the complainant, there is a need to remind the parties of …the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law” which was signed by the Philippine government and the National Democratic Front of the Philippines.

Bayan decried as “gratuitous, illogical and unsubstantiated” the CHR’s statement that sources pointing the NPA’s involvement were “credible”. The group questioned the basis of how the CHR came to the conclusion that the “findings present strong indication of the involvement of the NPA.”

“The CHR practically clears the AFP and misleads the public to believe the NPA abducted Melissa, without even presenting a shred of evidence and with total disregard for the detailed testimony of the victim. Nowhere in the report does it offer any detail, let alone motive, for the NPA to abduct Melissa,” Reyes said.

Bayan said that the line of questioning by Melissa’s captors during her detention and torture make it “illogical” to pin the blame on the NPA. The umbrella group said that the line of questioning, as detailed in Roxas affidavit, was consistent with how the military interogates activists suspected of being NPA members.

“During detention, accordng to her testimony, Melissa was forced to sign a document saying she’s NPA and was repeatedly asked to return to the fold of the law. She was asked how she got involved in Bayan USA and was lectured on anti-communism and religion. She was told she was in the “order of battle”. She was only released when she played along with her captors’ demand that she will reform. Is this the work of the NPA? It simply defies logic. What is the motive of the NPA for abducting her? Why does the CHR give this theory any credibility?” Reyes asked.

In her testimony, Roxas said she got a glimpse of men wearing fatigue uniform, heard gunfire as if in a firing range, and heard the sound of aircraft as if near an airport or landing strip. She also said she was confined in a facility that appeared to be a barracks that had iron bars.

“Isn’t it the AFP who has the motive for abducting Melissa, because of her leftist involvement? Why was Melissa’s detailed account of her interogation simply disregarded? Why not pursue the investigation as to theinvolvement of the AFP instead of clearing them,” Reyes said.

“The CHR makes a big deal about so-called non-state actors involved in Melissa’s abduction yet offers not a shred of evidence. After practically clearing the AFP, the CHR then says it cannot determine the identities of the abductors because it has neither manpower nor resources,” he added.

Bayan said that the AFP alibi that human rights violations against leftists were the handiwork of the NPA has already been discredited years ago.

“The line that the NPA did the human rights violations against leftist activists has long been discredited. It was rejected by the Melo Commission and by the UN special rapporteur on extrajudicial killings Philip Alston. It is a surprise then that the CHR again resurrects this worn out and discredited line. It’s an injustice to Melissa and other victims of torture who are unable to identify their torturers hidden in the shadows,” Reyes said.

(Left to right) Marie Hilao-Enriquez of Karapatan; Leonard Weinglass; Melissa Roxas of Habi Arts; and Berna Ellorin of BAYAN USA.

(Left to right) Marie Hilao-Enriquez of Karapatan; Leonard Weinglass; Melissa Roxas of Habi Arts; and Berna Ellorin of BAYAN USA. Photo by New York Committee for Human Rights in the Philippines, Inc.

In Honor of Leonard Weinglass
from Melissa Roxas

I would like to express my deepest condolences to the family and closest friends of Leonard Weinglass, human rights lawyer and fighter for justice. I share with you a deep sense of loss over his passing away.

Len was an important part of my legal team, as co-counsel and adviser. I met with him several times in his office in New York to discuss my case.  I am deeply thankful for all the times he met with me and listened to my questions and concerns. He was always very kind and attentive. Len spoke out publicly on my behalf. This meant a lot to me because as a survivor of abduction and torture—it gave me a lot of hope and encouragement at a very difficult time—he made me feel that my voice was important and that it would have a chance to be heard.  He was committed to pursuing my case, along with the cases of other victims of human rights violations in the Philippines. He helped with preparations for the prosecution of former Philippine President Gloria M. Arroyo, et al, for gross human rights violations in the Philippines.

Leonard Weinglass has been a long-time fighter for justice, as a civil-rights lawyer in the United States and as an international human rights lawyer. He is well-known for his support of international justice struggles and a long-time ally and friend of the Filipino people.  He will always be remembered and honored for his commitment to justice and his service to the people.

Thank you Len for your commitment to justice and freedom for all oppressed peoples and for all victims of human rights violations! May your memory be an inspiration to many more people for generations to come.

Here is a little poem I wrote for you, in memory.

a little poem for a big legacy
for Leonard Weinglass

when we die,
left behind
are parts
of ourselves
whose weight in memory
is equal to the sum
of those lives
we’ve touched

if,
for every kindness
you’ve shown,
a tree,
for every person you’ve
helped,
a sweet violet,
for every defense of justice,
an orchid,
the forest you left behind
lives
full of blossoms

it ever grows more beautiful
with every new generation
you inspire

Mabuhay ang diwa ni Leonard Weinglass!

One Imagination presents
Break the Silence! Open Mic

Thursday, August 26, 2010, 7:00 PM – 10:00 PM

Pizza Pi
649 E. Broadway
Long Beach, CA 90802

Sign-ups start at 6:30 PM

20100826-01

One Imagination is truly blessed and honored this August Break the Silence Open Mic to feature two amazing and inspiring

Asian American women: Melissa Roxas and Connie Lim.

Melissa Roxas is a Filipina-American poet, writer, organizer, and human rights activist.
http://justiceformelissa.org

Connie Lim is a singer and songwriter, “I aim to write heartfelt, intelligent, and honest lyrics, and to sing with a vulnerable yet powerful voice.”
http://www.connielimmusic.com

From APEX Express

Listen here: http://kpfa.org/archive/id/63400

This week’s Apex Express, hosted by Kiwi Illafonte, features an exclusive interview with Filipino American activist Melissa Roxas who was abducted and tortured for six days while on a medical mission in the Philippines in 2009. She will share her experience, talk about the progress of her case, and what is currently being done to address the human rights crisis in the Philippines.

This is also Apex’s once-a-month hip hop program, featuring songs from Asian & Pacific Islander hip hop artists, as well as an interview with local Bay Area rapper Jern Eye.

From Democracy Now!



Graphic footage of a man being tortured by police has sparked widespread public outrage in the Philippines and a government probe. The graphic cell phone video shows a man lying naked and bloody on the floor of an alleged police precinct in Manila. A plainclothes police officer is seen whipping him and tugging at a rope tied to the victim’s genitals while screams are heard. Over the past decade, torture, forced disappearance, political killings and imprisonment without trial have become commonplace in the Philippines. We speak to Melissa Roxas, a Filipina American who was abducted and tortured last year in the Philippines.

PRESS RELEASE
Contact: Kuusela Hilo
Justice for Melissa Roxas Campaign
Email: info@justiceformelissa.org
Website: www.justiceformelissa.org

On the one year anniversary of Melissa Roxas’ surfacing in Quezon City after enduring six days of physical and psychological torture at the hands of her captors, who many believe to have been the Armed Forces of the Philippines (AFP), Roxas and her many supporters worldwide are still demanding for justice. The anniversary resonates for supporters of Roxas especially after the tumultuous national elections in the Philippines and the pronouncement of a new president scheduled to assume office just as President Gloria Macapagal-Arroyo is scheduled to step down by June 30th.

“One year after Melissa’s ordeal, she is still suffering from both physical and psychological trauma from the abuse she endured while in illegal detention,” states Kuusela Hilo of the Justice for Melissa Roxas Campaign. “Yet not one arrest has been made for the abduction of Melissa Roxas and her companions until now. Like thousands of other victims of human rights abuses committed under the Arroyo government, Melissa Roxas and her many supporters demand the immediate prosecution of Arroyo herself once she steps down. We challenge President-elect Aquino to do the conscionable thing and bring justice for Melissa and all victims of human right abuses in the Philippines.”

Roxas, an American citizen, was volunteering for a community medical mission in La Paz, Tarlac on May 19, 2009 when she was forcibly abducted at gunpoint along with her two companions, blindfolded, and thrown into a cell where she would endure her experience until finally being released on May 25th.

A writ of amparo filed by Roxas was eventually granted by the Philippine Court of Appeals, acknowledging the legitimacy of Roxas’ experience of abduction and torture, along with corroborating medical reports on her physical condition post-detention. But while some praised the high court’s decision to grant the writ of amparo, most criticized it for letting the respondents to the claim–including Gloria Macapagal-Arroyo, Defense Secretary Gilberto Teodoro, and several high-ranking members of the AFP–off the hook, further illustrating the pervasive culture of impunity for known human rights abusers under the Philippine judicial system.

Since returning to Los Angeles in late 2009, Roxas, a human rights advocate and member of Habi Arts, has been active in speaking out publicly against her ordeal and on behalf of other victims of extrajudicial killings and enforced disappearances that have taken place under the Arroyo government’s counter-insurgency program known as Oplan Bantay Laya (OBL). Roxas has also filed complaints with the US State Department and the United Nations Special Rapporteur on Torture.

“The reason why I tell my story is because it is also the story of many others, and it reflects the experience of many Filipinos who have been abducted and tortured in the Philippines. Not all of them have surfaced, not all of them have survived, and those who did have been afforded very few opportunities to speak about what happened to them,” Roxas stated in a visit to New York City last January.

The Justice for Melissa Roxas Campaign, initiated by friends and family of Roxas, along with allied groups, has been actively demanding to cut US military aid to the Philippines because of its role in enabling the Philippine military’s practice of human rights violations and state-sponsored terrorism. Arroyo’s OBL campaign has been widely-criticized by international human rights monitoring groups for targeting civilians.  ###

Please support the Canadian tour of “DUKOT (Desaparecidos)”, a film directed by Joel Lamangan, written by Bonifacio Ilagan, and starring Allen Dizon, Iza Calzado, and Gina Alajar.  This film raises awareness about human rights violations in the Philippines.  Members of the cast and crew along with a survivor of abduction and torture, Melissa Roxas, will be touring with the film.

Winnipeg:

Friday, May 14, 2010, 6:30 PM

DUKOT Film Screening
The University of Winnipeg
Eckhardt-Grammatte Hall
515 Portage Ave.
Winnipeg, MB, R3B 2E9, Canada

Sponsored by: Bayan Canada, DAMAYAN Manitoba, ANAK (Aksyon ng Ating Kabataan), University of Winnipeg – Global College.

Toronto:

Saturday, May 22, 2010, 12:30 PM and 3:30 PM

DUKOT Film Screening
Nat Taylor Cinema
Ross Bldg. (Vari Hall) York University
100 York Blvd.
Toronto, ON, M3J 1P3, Canada

Sponsored by: UFCW, The Philippine Reporter, Migrante Canada, CHRY Radio and Bayan Canada.

Ottawa:

Tuesday, May 25, 2010, 6:30 PM

DUKOT Film Screening and Meet and Greet (Community Event)
Manila Hut Restaurant
1066 Somerset St. West
Ottawa, ON, K1Y 3C4, Canada

Sponsored by: Philippine Migrants Society of Canada (PMSC) and Ontario Committee for Human Rights in the Philippines (OCHRP).

Thursday, May 27, 2010, 7:00PM

DUKOT Film Screening
Mayfair Theater
1074 Bank St.
Ottawa, ON, K1S 3W9, Canada

Sponsored by: Ontario Coalition for Human Rights in the Philippines (OCHRP), Canadian Union of Public Employees (CUPE 4600), Philippine Migrants Society of Canada (PMSC).

Montreal:

Saturday, May 29, 2010, 5:00 PM and Sunday, May 30, 2010, 5:00 PM

DUKOT Film Screening
Cinéma du Parc
3575 Avenue du Parc
Montreal, QC, H2X 2H7, Canada

Sponsored by: Philippine Association of Montreal and Suburbs (FAMAS), PINAY – Filipino Women’s Organization of Quebec, Federation of Filipino Canadian Associations of Quebec, Inc., Centre d’appui aux Philippines – Centre for Philippine Concerns.

Vancouver:

Thursday, June 3, 2010, 6:30 PM and Friday, June 4, 2010, 6:30 PM

DUKOT Film Screening
UBC Robson Square
C-300 Theatre
800 Robson St.
Vancouver, BC, V6Z, Canada

Saturday, June 5, 2010, 6:30 PM

DUKOT Film Screening
Vancouver Public Library
Alma Vandusen and Peter McKay Rooms
350 West Georgia St.
Vancouver, BC, V6B, Canada

Tickets at $15.00 each. Public discussion follows each screening with our DUKOT guests: Dennis Evangelista (producer), Boni Ilagan (scriptwriter), Allen Dizon (the lead actor) and Melissa Roxas, who survived her abduction and torture in the Philippines.

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