Joma Sison’s Legal Status in Limbo

Joma Sison’s legal status in limbo

By LOUI GALICIA
ABS-CBN Europe News Bureau

Jose Maria "Joma" Sison, the founding chairman of the Communist Party of the Philippines, has revealed 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.

Sison went into exile in the Netherlands in 1987. Two decades later, he is back to square one in seeking asylum as a political refugee.

In an exclusive interview, Sison showed his digital "W-Document" card, which is an identification used for asylum seekers in the Netherlands.

The card, however, already expired in October 2005.

Despite the card's expiration, Sison told ABS-CBN that he still continues about with his daily activities without fear of deportation.

Under a new law that came into effect on Jan. 1, 2005, all Dutch citizens and people residing in the Netherlands aged 14 and above must carry a valid ID document at all times or face the risk of being deported.

Rejected asylum seekers are obliged to leave the Netherlands. Those granted refugee status are given a residence permit.

Sison said his legal status does not fall into any type.

He is neither a legal resident of the Netherlands nor is he a political refugee since he is a still a holder of a W-Document.

He is also not an asylum seeker because he has yet to exhaust all legal remedies.

The Dutch government also cannot force him out of the country.

“They made a hair-splitting decision. I’m a recognized refugee but I am not allowed legal admission to the Netherlands. To make a distinction, no legal admission but de facto I’m here,” Sison said.

At present, Sison’s legal status seems to have been frozen with his assets because the granting of a valid residency permit is pegged to the withdrawal of his name on the terror list.

Sison said that he finds the terrorist tag odd because he can travel to and from the Netherlands without a problem.

In fact, his latest trip abroad was on July 11 when he went to Luxembourg for the rendering of the EU Court of First Instance judgment.

“Mabuti pa paliwanag ko 'no. Mabuti makita mo ang kalokohan. Eh kung terorista ako eh bakit ako pinapasakay sa eroplano (It’s better that I explain it. It’s better so you can see the absurdity. If I’m a terrorist why am I allowed to travel on a plane)?""Tuwing mag-uusap sa Oslo [in Norway], eh binibigyan ako ng Laissez-Passer, 'yun eh temporary passport for a trip back and forth (When there are talks in Oslo [in Norway] I’m provided a Laissez-Passer, that’s a temporary passport for a trip back and forth). And I’m also granted a visa so I can return to the Netherlands,” Sison added.S

ison said the Laissez-Passer, which is a limited passport, was even issued to him by the Dutch Foreign Ministry.

He said it is ironic that a "terrorist" like him holds a Laissez-Passer passport.

Ministry of Foreign Affairs Spokesman Rob Dekker, meanwhile, declined to comment on Sison’s legal status in the Netherlands.

“I understand that Mr. Sison, he said a lot of things himself in the media and that’s of course his prerogative but we don’t comment on individual cases,” Dekker said.

Sison insisted that up to now, there is neither evidence nor proof that he is a terrorist.

He complained that there is still no criminal investigation on the charges of terrorism against him despite his volunteering for it.

“If there is any specific crime of terrorism for which they wish to hold me responsible, they better call me for a criminal investigation. The absence of a criminal investigation is underscored by the fact that my lawyer actually volunteered. I can appear for investigation anytime,” Sison said.

SOURCE: http://www.abs-cbnnews.com/

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