Political Prisoners Await Release Through Peace Talks

After a two-year delay, 22 political prisoners are hoping that the government will finally make good its promise to release political prisoners, in the light of the successful first round of formal peace negotiations between the government (GRP) and the National Democratic Front of the Philippines (NDFP), held Feb. 10-14 in Oslo, Norway. 

By DABET CASTAÑEDA
Bulatlat.com

 government will not again renege on its commitment to release Tobias and his companions.

Part of talks’ agenda

Documentation records of the human rights alliance Karapatan (Alliance for the Advancement of People’s Rights) show that Tobias is just one of the 305 political prisoners languishing in various jails nationwide. 

The release of political prisoners is always part of the agenda in the GRP-NDFP talks. 

In a statement e-mailed to Bulatlat.com early last week, Luis Jalandoni, NDFP panel chair, confirmed that the NDFP is demanding the release political prisoners whose release has been ordered since 2001. In this round of talks, he said, “We think it is possible to secure the release of a good number.” 

Confidence-building measure

A look at the history of the peace talks would show that both the GRP and the NDFP have considered the release political prisoners as part of confidence-building measures for the negotiations. 

Since peace talks began in 1986, the NDFP has released several prisoners of war (PoWs) to pave the way for the resumption of formal talks. 

On Dec. 5, 1997 for instance, the NPA’s Melito Glor Command in Southern Tagalog released an army major and another officer to the International Committee of the Red Cross (ICRC). 

On Jan. 22, 1998, the Lucio de Guzman Command of the NPA in Mindoro island released SPO3 Martellano Magtagad also to the ICRC. 

The two instances led to the resumption of the peace negotiations on Jan. 6, 1998 in The Hague, The Netherlands. 

The NPA also released Gen. Victor Obillo, the highest-ranking AFP official captured by the NPA, and his aide Maj. Rodolfo Montealto, as a confidence-building measure for the talks under the Estrada administration. 

The government, on the other hand, has several times failed to fulfill its promises with regards the release of political prisoners many of whom were suspected NPA members. 

Of the 305 political prisoners in Karapatan, 302 are maliciously charged with criminal offenses.  Like Tobias, suspected NPAs are charged with murder, illegal possession of firearms and other criminal offenses, thus criminalizing their otherwise political cases.

The three political prisoners who are charged with rebellion are Francisco Gaytano and Rustico Mijares, both detained at the Romblon Provincial Jail, and Alfredo Yodico who is detained at the Bohol Detention and Rehabilitation Center (BDRC).

Yodico was wounded and captured during a firefight between government troops and communist guerillas.  He sustained a gunshot wound in the neck for which he had to undergo an operation.  His esophagus was replaced with an open tube that is extremely vulnerable to infection. 

Yodico has continuously requested medical attention but based on Karapatan reports, the BDRC has denied his requests because of lack of funds for the medical treatment itself and the expenses for his military escorts’ expenses.

Approved for release but still in jail

In 2001, 131 cases of political prisoners were reviewed under the Presidential Committee on Bail, Recognizance and Pardon (PCBREP).  For his good conduct in jail and old age, Tobias’ case was included in the review. 

Out of 131 cases reviewed, only 39 were approved for release by President Gloria Macapagal-Arroyo, Justice Secretary Hernani Perez and the Office of the Presidential Adviser on the Peace Process (OPAPP).  But of the 39, only 25 were actually released.   

Tobias was one of the 14 political prisoners who were left behind.  “Pumuti na ang buhok ko dito sa loob ng kulungan sa kakahintay ng release ko.  Pinangakuan na ako ni Sec. Perez na ire-release nung 2001 pero nandito pa rin ako hanggang ngayon,” Tobias told this writer during a recent visit at the NBP. 

To prove his claim, Tobias pulled out from his closet his photo taken during his first year at the national penitentiary.  The photo showed him with no traces of white hair.   

“Up to the courts”

A phone interview with OPAPP late last week revealed, however, that the decision to release the political prisoners is still up to the municipal or provincial courts where the cases are docked. 

“Our office can only recommend the releases of such alleged political offenders.  We cannot dictate their release because that would be intervening with the judicial system,” explained the OPAPP source. 

The source added that the PCBREP will review some 27 cases of political offenses when it reconvenes sometime next week.  Karapatan documentation revealed however that there are only 22 political prisoners who are up for review. 

Karapatan said OPAPP has never reviewed the case of Donato Continente and Juanito Itaas. The two were convicted for the murder U.S. Col. James Rowe of the Joint US Military Assistance Group (JUSMAG) in 1989. 

The OPAPP source admitted it is difficult to recommend the two for release because their case is “controversial” and that the “Rowe family is protesting their release.” 

(Below this article are the comparative lists of OPAPP and Karapatan containing the names of political prisoners whose cases will undergo review.)

Karapatan said it will also urge the PCBREP to fast track the review of the cases of Pedro Madera Jr. and Joven Velasco Jr., two of the 14 political prisoners who were approved for release in 2001. 

Special cases

When the PCBREP convenes next week, it will also include the case of Zenaida Llesis, a nursing mother who was detained in 2002.  Llesis was pregnant when she was arrested.  She gave birth while in jail in February 2003 to a sickly baby. 

Last January, Zenaida went on hunger strike to pressure the court to allow her to bring her child to a hospital in Manila for proper medical attention.  She and her child are now at the Philippine Children’s Medical Center where her child is being given proper medical care. (See related article)

Meanwhile, Karapatan is pushing for the review of other special cases. 

One is that of two other nursing mothers, Irene Plagtiosa and Lyn-lyn Metran, who also gave birth while in detention; both are presently detained with their children.

Another is that of Jerry Rom who was only 16 years old when arrested on Feb. 14 last year.  Rom, whom the military claimed was arrested during a firefight with the NPA, was in fact abducted unarmed while he was on his way to a Valentine’s party, Karapatan said.  Bulatlat.com  

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