Proof of Illegally Obtained Evidence Enough to Free 43 Health Workers
PRESS RELEASE
February 12, 2010
The League of Students declared today that the Armed Forces of the Philippines has absolutely no case against the forty-three health workers illegally arrested and detained in Morong, Rizal last weekend. The student group pressed for the immediate release of the Morong 43 during a protest action outside the habeas corpus proceedings at the Court of Appeals.
“If the AFP is relying on the illegally obtained and planted evidence of supposed explosives and firearms discovered at the Morong resthouse to build their spurious case of illegal possession of firearms and explosives, they are completely out of their minds and ignorant even of their own laws. ” This was the statement of Terry Ridon, National Chairperson of the League of Filipino Students, as the LFS explained that illegally obtained evidence through illegal searches and seizures are completely inadmissible in any criminal prosecution.
Ridon said the inadmissibility is due to the historic propensity of security forces to plant evidence during illegal searches especially against political dissenters, similar to the experience during the Marcos dictatorship.
“The supposed filing of mere illegal possession of firearms and explosives is incontrovertible proof that the AFP has no case against the community health workers they shamelessly label as NPA rebels. Had they been truly confident, they would have filed outright rebellion charges, but they have not.” Ridon said.
He said that on the basis of illegally obtained evidence being inadmissible to prove the charges of the AFP and their inability to show that they indeed have a serious case, the Morong 43 should be released immediately.
Ridon also lambasted the supposed confession of one of the members of Morong 43 as being an NPA member while accusing the others of being NPA members themselves.
“Under the conditions of torture and coercion in Camp Capinpin as stated by the Commission on Human Rights, such an admission can certainly be expected. It is nonetheless of zero probative value to make the case of the AFP because admissions can only bind the ones making it and not other persons. Moreover, confessions done in the absence of counsel are absolutely inadmissible as evidence, and such was the case with the Morong 43.”
Ridon again reitereated that the AFP personnel involved in the illegal arrest, search and detention of the Morong 43 shall be liable under international humanitarian law for targeting medical personnel uninvolved in armed conflict.
“These AFP personnel no different form the Nazi Gestapo and are thus war criminals of a modern kind.” Ridon finally said.
11th February 2010 | Filed under: News, Top Post | Click here to follow any responses to this entry: RSS 2.0 feed
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