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PHILIPPINES: A person detained over 2 years without trial due to prosecutor's misconduct
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URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME 22 April 2005 PHILIPPINES: Prolonged detention; Prosecutor's negligence; Right of liberty Dear friends, The Asian Human Rights Commission (AHRC) has received information from the Task Force Detainees of the Philippines (TFDP) - Mindanao about a man named Pegie Boquecosa (24) who has been detained more than two and a half years without trial since his arrest on 11 September 2002 due to deliberate negligence of the prosecutor. He is currently detained at the provincial jail in Alabel, Sarangani. Under Rules of Court, Rule 112, Section 3(f) of the Revised Rules of the Criminal Procedure, the prosecutors are mandated to resolve a case within ten days after the preliminary investigation is completed. Otherwise, the case should be dismissed and the respondent should be released if detained. The prosecutor's inaction in this case has resulted in the prolonged detention of Boquecosa and the deprivation of his right to liberty and a speedy trial. The Government of Philippines must not allow members of the judicial system to exploit or blame the 'lack of sufficient staff and heavy caseloads of prosecutors' to justify their failure to perform their duties. It is also reported that Mr. Barcelona failed to comply with the notice from the Department of Justice (DOJ) Assistant Chief State Prosecutor on 23 August 2004 to take immediate action to resolve Boquecosa's case. We urge you to pressure the Government of Philippines, in particular, the DOJ, for the speedy disposition of Boquecosa case. Please also urge them to undertake necessary sanctions against the concerned prosecutor. Urgent Appeals Desk DETAILED INFORMATION: Name of the victim: Pegie Boquecosa (24), suspected of being a member of the New People's Army (NPA), presently detained at the Provincial Jail in Alabel, Sarangani, Mindanao, Philippines Case details: Pegie Boquecosa (24), an alleged member of the New People's Army (NPA), was arrested by joint police and military forces, composed of the 7th Special Forces, Philippine Army, Sarangani Provincial Mobile Group and Police Regional Office 12 in Barangay Colon, Maasim, Saranggani Provincem on 11 September 2002. Boquecosa was arrested for charges of robbery with violence, robbery, multiple frustrated murder and triple murder, which were related to his alleged involvement with NPA, and his case was filed before the Municipal Trial Court (MTC) in Maasim, Sarangani. Boquecosa's case was sent to the Office of the Provincial Prosecutor in Alabel, Sarangani by the MTC and a provincial prosecutor Alfredo Barcelona Jr. was assigned to handle the case. The Rules of Court, Rule 112, Section 3 (f) states that a prosecutor must resolve the case within ten days after preliminary investigation is completed. However, Mr. Barcelona did not resolve Boquecosa's case for several months despite the completion of preliminary investigation on this case. Task Force Detainees of the Philippines (TFDP)-Mindanao reported that they repeatedly visited Mr. Barcelona's office urging him to speed up the case but he simply ignored it. On 30 July 2003, TFDP was told that Mr. Barcelona was in the process of working on the case. However, when TFDP followed up the case six months later, they found that Boquecosa's case was still pending at the prosecutor's office. The prosecutor's office told the TFDP staff that the delay of the case was due to the prosecutor's heavy caseloads and lack of staff. TFDP then reported the delay and the failure of Prosecutor Barcelona to resolve Boquecosa's case to Mr. Jovencito Zunio, the Chief State Prosecutor of the Department of Justice (DOJ) in Manila. On 6 May 2004, Mr. Zunio sent a letter to Mr. Barcelona ordering him to take action and resolve Boquecosa's case within 10 days. However, even after ten days, no action was taken to dispose Boquecosa's case immediately in violation of Chief State Prosecutor's order. In July 2004, TFDP sent another letter to Chief State Prosecutor Zunio regarding Barcelona's failure to comply with his notice to dispose Boquecosa's case. Similar letters were sent to the President Gloria Arroyo and Ms. Teresita Quintos-Deles, the Presidential Adviser on the Peace Process. On 23 August 2004, Miguel Gudio Jr., Assistant Chief State Prosecutor, sent another letter to Mr. Barcelona notifying him to take immediate action to resolve Boquecosa's. However, Prosecutor Barcelona has failed to comply with the several notices from DOJ. As of 21 February 2005, Mr. Barcelona has not resolved Boquecosa's case. In the meantime, Boquecosa has been detained at the Provincial Jail in Alabel, Sarangani, Mindanao for more than two and a half years without trial. SUGGESTED ACTION: Sample letter: Dear __________, Re: PHILIPPINES: A person detained over 2 years without trial due to prosecutor's misconduct Name of the victim: Pegie Boquecosa (24), suspected of being a member of the New People's Army (NPA), presently detained at the Provincial Jail in Alabel, Sarangani, Mindanao, Philippines I am deeply concerned by the prolonged detention of Pegie Boquecosa (24) since his arrest on 11 September 2002. He is currently detained at the Sarangani Provincial Jail, Alabel, Sarangani. He was arrested for charges relating to his alleged involvement with the New Peoples Army (NPA). According to the information I have received, Prosecutor Alfredo Barcelona Jr. who is in charge of handling Boquecosa's case, has not resolved the case despite the completion of the preliminary investigation. Mr. Barcelona's act is in clear violation of Rules of Court, Rule 112, Section 3 (f), which states that the prosecutor must determine whether the case goes to trial within 10 days after the preliminary investigation is completed. More seriously, Mr. Barcelona has failed to comply with the notices from the Chief State Prosecutor on 6 May 2004 for early disposition of Boquecosa's case. He also ignored another notice from Assistant Chief State Prosecutor on 23 August 2004 for immediate resolution of the case. As a result, Boquecosa has been detained for more than two and a half years without trial. The actions displayed by Prosecutor Barcelona in Boquecosa's case undermines the Rules of Court and is a gross misconduct of duty as a public official. His deliberate negligence in this case deprived Boquecosa's right to liberty and the right to speedy trial as provided in the 1987 Philippine Constitution. Under the circumstances, I strongly urge you to take immediate action to resolve Boquecosa's case in accordance with the notice from the Department of Justice (DOJ). I also urge you to take action against the concerned prosecutor, Mr. Barcelona. The DOJ must conduct a judicial inquiry into Mr. Barcelona's failure to implement DOJ's notices so that disciplinary/administrative sanctions are meted for such negligence. I look for your urgent intervention in this matter. Respectfully yours, ---------------------- SEND A LETTER TO: 1. Ms. Gloria Macapagal Arroyo 2. Mr. Raul Gonzales 3. Secretary Teresita Quintos-Deles 4. Mr. Purificacion Quisumbing 5. Jovencito R. Zuno 6. Ms. Manuela Carmema Castrillo 7. Mr. Leandro Despouy SEND A COPY TO: Mr. Alfredo L. Barcelona, Jr. Thank you. Urgent Appeals Programme Posted on 2005-04-22
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Asian Human Rights Commission