Since then, however, a Philippine court dismissed the 1988 subversion charge against Prof. Sison in 1992 after the repeal of the Anti-Subversion Law in the same year. Manila prosecutors also dismissed in 1994 the 1991 charge of multiple murder against him (arising from the Plaza Miranda bombing of 1971) on the ground that it is based on pure speculation. The Philippine justice secretary issued a certification in 1998 that there was no pending criminal charge against Prof. Sison, thus belying the false allegations used by the Dutch justice ministry in its negative decisions of 1990, 1993 and 1996 in the asylum case of Prof. Sison.
Since 13 August 2002 when the Dutch government blacklisted Prof. Sison as a terrorist, it has never subjected him to any criminal investigation for any act of terrorism. In fact, soon after the blacklisting, the Dutch foreign minister declared in parliament on 8 October 2002 that that there was nothing to start a criminal investigation against Prof. Sison in connection with the allegation of terrorism. Moreover, since Prof. Sison’s arrest on 28 August 2007 on the charge of inciting the murder of some Philippine military agents, the Dutch government has not uncovered any act of terrorism by Prof. Sison, despite strenuous attempts to establish that he is the chairman of the Communist Party of the Philippines.
The Dutch government spent millions of euros to interrogate witnesses provided by the Philippine government, to search and seize 6.3 million pieces of documents, computers and other electronic equipment from the NDFP information office, to raid the house of Prof. Sison and six other houses of Filipinos in The Netherlands and to surveil and wiretap numerous suspects for several years. But no evidence whatsoever has been found against Prof. Sison. His possession of some documents of the NDFP, CPP and NPA as well as those of the Philippine government is related to his prominent role as chief political consultant in the GRP-NDFP peace negotiations.
Since 2002, Prof. Sison has been unjustly listed every six months as a “terrorist” by the Council of EU and has been prohibited from taking legal residence in The Netherlands, earning a living, having a bank account and conducting financial transactions, receiving social payments for living allowance, housing in his name, adequate insurance, old age pension and the like, and travelling freely.
Prof. Sison will continue to suffer inhuman treatment by the Dutch government and the European Union for so long as he is blacklisted by the Council of the EU. Of larger significance is that the rule of law would be subverted in Europe if the European Court fails to rule against the arbitrary terrorist blacklisting of people. The Bush mentality and the fascist trend would be unduly favored, especially under the present conditions of severe financial and economic crisis comparable to those of the Great Depression.
For the purpose of pressuring the NDFP towards capitulation in its peace negotiations with the GRP, the Arroyo regime requested the US, European and other governments to blacklist the CPP, NPA and the NDFP chief political consultant in peace negotiations. But the blacklisting is blatantly anomalous and unjust for several reasons.
First, the CPP is legal in the Philippines due to the repeal of the Anti-Subversion Law in 1992. Second, the persons involved in the violent acts of revolution or belligerency of the NPA are chargeable for rebellion and not for terrorism and the NPA has never engaged in any violent act outside of the Philippines. Third, Prof. Sison ceased to be the chairman of the CPP Central Committee upon his arrest in 1977. He has played a prominent role in Philippine politics by using his right to free speech on vital issues, advancing the GRP-NDFP peace negotiations and helping in the making of twelve GRP-NDFP agreements, including the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law.
The European Court of First Instance is expected within the next few months or within one year to make a judgment on the complaint of Prof. Sison and his demand for the removal of his name from the terrorist blacklist. The court hearing last April 30 carried out and concluded the oral procedure in the case. This followed an earlier phase of written procedure, which had run for nearly two years.
Prof. Sison is represented by Jan Fermon as lead lawyer, the German lawyers Eberhard Schultz and Wolfgang Kaleck, the Filipino lawyer Romeo T. Capulong, the French lawyer Antoine Comte and Dutch lawyer Dundar Gurses. The International DEFEND Committee provides moral and material support to Prof. Jose Maria Sison.
You may contact:
1. Jan Fermon at cell phone +32-475441896.
2. Coni Ledesma of International DEFEND Committee at +31-6-246 76 537