Tuesday, April 7, 2009

Joma to sue Dutch prosecutors on ‘wrongful investigation’

Joma to sue Dutch prosecutors on ‘wrongful investigation’

By LOUI GALICIA, ABS-CBN Europe News Bureau 04/06/2009 8:09 PM

The ball is now in Jose Maria “Joma” Sison’s court after the Dutch Prosecutor’s Office dropped its investigations on his alleged involvement in the murders of his erstwhile allies in the Philippines.

The Communist Party of the Philippines founding chairman who is on self-exile in The Netherlands says he plans to seek damages from Dutch prosecutors.

In the one and a half year period of the probe, Sison repeatedly declared his innocence in the murders of his erstwhile allies Romulo Kintanar and Arturo Tabara.

After the Dutch Prosecutor on March 31 dropped all charges against Sison because of insufficient evidence, Joma said he plans to claim damages for the criminal investigation that he said tarnished his honor and dignity.

Sison said that he will demand compensation mainly for the expenses he incurred in his legal defense during those seventeen months.

He said that it would not have been costly for anyone had the Dutch prosecution stopped, what Sison called, its nonsense investigation earlier.

“The most important thing is the moral and material damage that I suffered. For instance ‘yong mga abogado ko can claim for compensation for their services,” Sison told ABS-CBN Europe News Bureau.

Sison also explained that most of the expenses for his legal defense came from the pocket of his wife Juliet.

“Gumastos si Julie diyan. Siya ang nag-ante ng panggastos ng abogado. Kailangan ibalik yan,” Sison said.

Even the National Democratic Front (NDF) said it plans to claim damages for the unnecessary stress and terror caused by the Dutch police’s raid of its office and the houses of its members during the arrest of Sison on Aug. 28, 2007.

The NDF also demands the immediate return of documents and materials that were confiscated during the raid but which are still in the hands of the Dutch Prosecutor.

“Marami pa ring natira. Hindi pa sinosoli… Dapat lahat ng bagay na kinuha sa opisina, sa mga bahay namin at iba pa ay dapat isoli ngayon ng Dutch authorities,” NDF chair Luis Jalandoni exclaimed.

Sison’s lawyer Michiel Pestman said he does not have an estimate yet on the total amount of damages because he said that there were a lot of people involved.

Sison said that his Dutch lawyers worked in tandem with Filipino lawyers.

“Ka-consult din ng Dutch lawyers sila Atty. Romeo Capulong na nasa Public Interest Law Center na gumawa ng research at nagtipon ng documentary evidence at naghanda ng possible witness in my favor,” Sison said.

Pestman emphasized though, that it is more a matter of principle.

“Compensation is not the most important thing. I just want to stress it’s not the money,” Pestman said.

Pestman added that everything has just been a big waste of time and money for both sides because the Dutch prosecution wanted to save face before the Arroyo government.

“They somehow have to sell this to the Filipino government and which might be more difficult than closing the investigation,” Pestman said.

as of 04/06/2009 8:10 PM

SOURCE: WWW.ABS-CBNNEWS.COM

http://www.abs-cbnnews.com/nation/04/06/09/joma-sue-dutch-prosecutors-%E2%80%98wrongful-investigation%E2%80%99

Thursday, April 2, 2009

Joma Sison twits NSA Gonzales

By LOUI GALICIA, ABS-CBN Europe News Bureau 04/02/2009 12:49 AM

Jose Maria “Joma” Sison said the Philippines' national security adviser should not embarrass himself a second time.

The Communist Party of the Philippines founding chair said Secretary Norberto Gonzales should be ashamed of himself for claiming that he had everything to do with Sison’s arrest in August 2007.

Dutch authorities earlier cleared Sison of charges that he ordered the killings of his erstwhile comrades Arturo Tabara and Romulo Kintanar.

Sison also brushed off Gonzales' statements on the Philippine government’s plan to seek his return to the country.

“Dapat diyan si Gonzales na yan…Norberto…Dapat walang mukha na ‘yan. Di ba nagyayabang ‘yan noong ako ay hulihin. Di ba nagyayabang na siya ang responsible sa pagkahuli ko. Siya nga ‘yong taga-organize ng mga false evidence and false witnesses. So dapat mapahiya siya,” Sison said in a telephone interview.

Sison was reacting to Gonzales’s statement on Wednesday that the Philippine government will seek the return of Sison to the Philippines after a Dutch prosecutor dropped the cases against him for the deaths of Tabara and Kintanar.

Gonzales, in an interview with ABS-CBN News, said the Philippine government will write the Dutch government as soon as possible to seek his return. Gonzales noted the Dutch prosecutor dropped the case against Sison not because there was no evidence, but because there were no witnesses who came out to testify.

“Use diplomacy”
Gonzales said they will use diplomacy to seek Sison's return since the Philippines currently does not have an extradition treaty with The Netherlands.

“More diplomacy you know. Kasi titingnan natin ‘yong mga batas natin, batas nila. Kasi alam mo si Joma Sison hindi binigyan ng asylum,” said Gonzales.

The Dutch government has thrice rejected Sison's plea for political asylum. Sison, however, invoked his right as a political refugee under international humanitarian laws to stay in Utrecht.

He also managed to stay in the European country despite murder charges filed against him in the past in Manila because European states are against the death penalty.

“Bawal sa Dutch law na payagan na makuha ang isang tao na maaaring i-prosecute at saka may death penalty o masentensiyahan ng kamatayan. Eh sa ngayon wala na tayong ganyan,” said Arroyo’s chief security adviser, citing that the Arroyo administration has already lifted the death penalty.

Gonzales also assuaged Sison's concern for his safety should he return to the Philippines. He said the Philippine government is willing to give him protection.

“Di naman tayo masamang gobyerno. Gagarantyahan natin ‘yong rights ni Joma. Poproteksyunan natin siya. Sinasabi niyang may nagpa-plano na mag-assasinate sa kanya doon sa abroad, eh di umuwi na siya dito. Dito poproteksyunan natin siya ng husto at sisiguraduhin natin na di siya abutin ng mga nagagalit sa kaniya,” said Gonzales.

Gonzales said the thrust of government is to make sure that all those liable for a crime are brought to the bar of justice, dismissing concerns Sison might have for his safety once in Philippine jurisdiction.

“Recognized but not legally admitted”
Sison countered that he is a recognized political refugee but one who is not legally admitted.

“In my case, there is hairsplitting. I am a recognized political refugee. Even the Dutch
government states that. In 1995, the highest court in the Netherlands reiterated its position that I am a political refugee under Article 1 A,” Sison said.

The Council of State, as the highest Dutch administrative court, issued in 1995 the judgment reaffirming its previous ruling that Sison is a political refugee under Article 1 A of the Refugee Convention and that he is under the protection of Article 3 of the European Convention on Human Rights.

It ruled that Article 1 F of the Refugee Convention did not apply to him because there was no sufficient evidence against him for crimes that would exclude him from consideration as a refugee.

Article 1 F of the Refugee Convention states that the provisions shall not apply to any person with respect to whom there are serious reasons for considering that he has committed among other things: a crime against peace, war crime or crime against humanity.

“Hindi ako 1 F. Yung 1 F, hindi ka pwedeng makilala [as a refugee] because of war crimes, crimes against humanity, etc. so kakaiba ako sa Article 1 F. Article 1 A ako, kaya malakas ako,” Sison said.

“Cannot be forced to leave”
Sison explained, however, that he cannot be asked to leave the Netherlands and that not even the Dutch government can force him to.

“I’m protected by Article 3 of the European Convention of Human Rights. I can’t be sent to a country where I’m at risk of being tortured or subjected to degrading and humiliating treatment,” Sison said.

Since the Philippines doesn’t have an extradition treaty with the Netherlands, Sison is confident that not even diplomacy can bring him back to the Philippines.

“That diplomacy can’t overrule the European Convention on Human Rights. Lalo na ngayon discredited na ‘yong Bush regime tungkol sa repressive actions. Iyang terrorist listing eventually will be thoroughly discredited. Even Obama now pretends to be turning his back on the policies of Bush,” Sison said.

In a 2007 interview with Sison, he admitted that his legal status in the Netherlands is in a state of limbo since the inclusion of his name on the European Union’s list of terrorists.

In the interview, Sison showed his “W-Document" card, which is an identification used for asylum seekers in the Netherlands but which already expired in 2005.

Sison said that even if that document card has already expired, he still goes about his daily routine provided he report to the police regularly.

“Primero for the first year or so, weekly ako nagre-report. Then for many years, more than 10 years I was reporting monthly. Then because of this terrorist scare, naku binalik na naman ako sa weekly. Ito lang in the last two weeks, binalik, di binalik kundi ni-reduce ‘yong frequency to once in two weeks,” Sison said.

Sison is very confident that he will never be asked to leave the Netherlands especially since his name has now been cleared of any wrongdoing.

“Ngayon pang false charge of murder, nabasura na. Ngayon pa magsasabi they can seek my return, lalong mahirap yan. Lalong tumibay ang aking legal position dito sa Netherlands,” Sison said.

With a report from RG CRUZ, ABS-CBN News
as of 04/02/2009 1:57 PM

Wednesday, April 1, 2009

'Joma' to focus on peace talks after murder raps dropped

By LOUI GALICIA, ABS-CBN Europe News Bureau 04/01/2009 10:40 AM

A very happy and triumphant Jose Maria Sison and wife Juliet faced ABS-CBN Europe News Bureau after the founding chairman of the Communist Party of the Philippines (CPP) was vindicated by the Dutch Public Prosecutor's Office of all charges brought against him.

ABS-CBN was the only media invited to attend Sison’s meeting with his lawyers in Amsterdam to talk about their next steps.

Sison showed ABS-CBN the notice he received from the Dutch Prosecutor's Office about its decision to drop all charges against him in connection with the murders of his erstwhile allies Romulo Kintanar and Arturo Tabara.

"Ako’y nagagalak. Masaya ako na itong long-expected decision nangyari na. I've long expected the decision to be dismissed because in the first place I'm innocent of the charge," Sison said.

In an earlier report, the Dutch Public Prosecutor spokesman Wim de Bruin confirmed to ABS-CBN that they did not gather sufficient evidence on the charge that Sison ordered from the Netherlands the murders of his former allies.

The prosecutors' investigation lasted more than one a half years.

In a press statement, the Dutch Prosecutor also said, "During the inquiry in the Philippines and the Netherlands, the investigators walked into a wall of fear among witnesses and there was no willingness to make statements."

However, Sison contested the statement.

"No less than the Court of Appeals here said that it's doubtful whether I can take witnesses in my favor and cross examine the witnesses from the other side, and this is completely the opposite of the claim by the Prosecutor's service in a press release that there is a wall of fear and there is insinuation that the fear came from my side," Sison said.

"No, it can't be. It was the Philippine government that fed false information and false witnesses against me, and the Court of Appeals said that I would have difficulties in countering this wall of fear set up by the Philippine government," he added.

For Sison's lawyer, all's well that ends well, but this is just one victory among Joma's many battles.

"We're just very happy that the Prosecutor finally decided and has seen the light and decided to drop this hopeless case, and that's the most important decision," Michiel Pestman said.

Pestman said that for the moment, there is still a decision pending in Dutch Court regarding their complaint on the two assassination attempts at Sison's life in 2001.

"The most important thing now is that everyone--that includes the Prosecutor in the Netherlands but also the Philippine authorities--will focus on the attempt to kill Prof. Sison in 2001, and we expect the Filipino authorities to cooperate with the Dutch authorities into getting the truth, to establish the truth. And we expect them to cooperate as enthusiastically as they had cooperated in the investigation against Prof. Sison. I expect the truth to be established, and I expect that people who did that will be caught and brought to justice," Pestman said.

"Norberto Gonzales has played an important role in the investigation of Sison and I sincerely hope that he will put the same effort into pursuing the case against the perpetrators of the attempt to kill Prof. Sison," Pestman added.

Gonzales is currently the National Security Adviser of President Arroyo.

Meanwhile, apart from the possibility of claiming for damages, Sison sees some positive effects on the dropping of the charges against him.

"I hope the Dutch government would try to set things right by having me taken out of the terrorist black list. Another expectation of mine, I'm not distracted anymore by the false charge. I can pay more attention to the peace negotiations between the Philippine government and NDF [National Democratic Front] so my success in this case is also a positive thing for the cause of trying to advance the peace negotiations," Sison said.

Sison said he's glad that despite the pressures of the Philippine and US governments on the Dutch government and despite the accommodation or complicity of the political authorities, there is still enough sense of fairness in the Dutch judicial system.

as of 04/01/2009 12:13 PM

SOURCE: WWW.ABS-CBNNEWS.COM

http://www.abs-cbnnews.com/nation/04/01/09/joma-happy-be-freed-guilt

Dutch prosecutor drops all charges against Sison

By LOUI GALICIA, ABS-CBN Europe News Bureau 03/31/2009 6:07 PM

The Dutch Public Prosecutor’s Office in Rotterdam confirmed to ABS-CBN Europe News Bureau that it had dropped all its charges against Communist Party of the Philippines’ (CPP) founding chair Jose Maria Sison.

Public Prosecutor’s Office spokesman Wim de Bruin said that after more than a year and a half of criminal investigation, results did not yield sufficient evidence implicating Sison in the murders of the CPP founding chairman’s erstwhile allies Arturo Tabara and Romulo Kintanar.

”He [Sison] was notified that the Prosecution service will not continue the prosecution of Mr. Sison. The main reason is that the criminal investigation [yielded] insufficient evidence,” de Bruin said.

De Bruin said that they are dropping all the charges and will not pursue any more any investigation. He said, however, that Sison is not one hundred percent free.”

Only if there are, if there are new facts or circumstances, the investigation may be reopened. It’s not probable that it’s going to be, but theoretically, it’s possible,” de Bruin said.

Sison was arrested on August 28, 2007 but was released on Sept. 13 after a Dutch court said it did not find sufficient evidence to keep him in custody.

Sison was arrested by the International Crime Investigation Team of the Dutch National Criminal Investigation Department on allegations of he was involved in the assassinations of Romulo Kintanar and Arturo Tabara that took place in Philippines.

Dutch prosecutors however continued its investigation of Sison and continued to file motions in court to detain him.

Court decisions favored Sison on Sept. 23, Oct 3 and Nov. 29 when the investigative judge closed the criminal pre-investigation case.

During this period, the Dutch Public Prosecutor’s Office vowed to continue its investigation and said that Sison remains a suspect.

Sison filed an appeal on May 20, 2008 against the continued investigation on the charges but the Dutch court previously ruled June 5 in favor of the Dutch Public Prosecutor's Office.

SOURCE: WWW.ABS-CBNNEWS.COM

http://www.abs-cbnnews.com/nation/03/31/09/dutch-prosecutor-drops-all-charges-against-sison
as of 03/31/2009 6:13 PM