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NUPL(全国人民弁護士連合)声明:反テロ法違反で起訴されたアエタ族農民の件

アエタ族の農民 ジャパー・グルンとジュニア・ラモスが、反テロ法違反で起訴された(詳しくは2021年2月12日の投稿)。2020年7月に反テロ法が制定されて以来、この法律で起訴された最初のケース。ジュニアとジャパーは、同法の廃止と、同法の実行を差し止める請願書を2021年2月2日に提出していたが、2月9日、それが取り消されたと最高裁によって公開された。検察は、彼らの請願書は全国人民弁護士連合(NUPL)に強要された、請願書にサインしたあとにジャパーとジュニアは1000ペソもらったなどと主張している。 一連の出来事に対し、2021年2月11日、NUPLから声明が出された。要点は以下。

1.ジャパーとジュニアは請願書提出を強要されていない。請願書に関する説明やサインは、拘置所の刑務官らがいるところでなされている。 2.2人がNUPLからもらったとされる1000ペソは、家族からのもの。2021年2月4日に、家族が用意した野菜などと一緒に2人に手渡された。請願書へのサインは2021年1月30日、それが承認されたのは翌1月31日。 3.フィリピン国家先住民委員会(NICP)がジュニアとジャパーに面会していることは、弁護人であるNUPLに伝えられていなかった。請願書提出まじかになると、フィリピン国家先住民委員会は、より頻回に2人に面会していた。 4.ジュニアとジャパーはNUPLに、フィリピン国家先住民委員会が弁護人を国選弁護人に変更するよう説得した、と話した。 5.2021年2月10日に、NUPLはジュニアとジャパーに面会した。でも、同日に開催された記者会見では、2人はNUPLとの面会を断っていると言った。 6.NUPLは、ジュニアとジャパーが国選弁護人に変更する決意をしたことを確認した。2月11日に公判が開かれるというこのタイミングで変更する理由を、NUPLは探している。 7.ジュニアとジャパーが拷問を受けたことは、供述ビデオからも明らか。 8.政府がジュニアとジャパーを告訴し、彼らを拷問したのは国軍兵士。そして今、地方共産主義者の武力紛争を終わらせるための国家対策本部(the National Task Force to End Local Communist Armed Conflict:NTF-ELCAC)が、自分たちはジュニアとジャパーの仲間だと言っている。 9.反テロ法廃止などを求める請願書は2人を守るためのもの。受理されれば彼らの利益になるのに、なぜそれを強要されて提出する必要があるのか。 10.批判されるべきは、NTF-ELCACやフィリピン国家先住民委員会などのNUPLを断るよう2人に働きかけた者たちだ。保釈不可能な罪で勾留され、寂しさや不安、絶望感から、彼らは圧力に耐えられず請願書を撤回するという決断に至ったのだろう。 11.NUPLは、フィリピン国家先住民委員会が2人を訪問していることを知らなかった。 12.フィリピン国家先住民委員会によって準備された反証供述書にさえ、ジュニアとジャパーが暴力を受けてテロ行為を認めさせられたと書いてある。

13.NTF-ELCACによって実行された記者会見は、NUPLの信用失墜を意図していた。ジュニアとジャパーが1000ペソのことについて説明し始めた時、司会者は彼らの話を遮った。


以下、Nonoy Espina FBページ(2月11日 14:42)よりーーーーーーーー

STATEMENT OF NUPL-CL ON FALSE ACCUSATIONS THEY COERCED THE AETAS INTO SIGNING A PETITION IN THEIR INTEREST 11 February 2021 1pm 1. The NUPL went through the process of explaining the nature, purpose and contents of the Petition-in-Intervention to Junior and Japer, in a language known to and understood by them. There was no coercion as it was done in an open area inside the BJMP near jail officers who were freely passing by and can hear what was taking place the whole time. This was from the time they signed the Petition-in-Intervention and up to the time they subscribed before it to a Notary Public. 2. The One Thousand pesos the NTF ELCAC was harping about was a financial assistance from the families of Japer and Junior. It was handed to them, along with assorted vegetables brought by the family members of both accused when they had a face-to-face jail visit with them last Feb. 4, 2021. The Php 1k was budget for their daily expenses and other needs inside the BJMP. The Petition-in-intervention was signed on 30 Jan. 2021 and notarized on 31 Jan. 2021. 3. It came recently to the knowledge of the NUPL that NCIP officers were visiting the accused at the BJMP several times. All without prior coordination with the counsel-of-record (NUPL-CL) and those visits were becoming more frequent near the time of the filing of the Petition-in-Intervention and continued thereafter. 4. Junior and Japer told the NUPL that the NCIP were convincing them that they will be set free if the PAO will be the ones representing them as defense counsel. There are processes to be observed. The case will ultimately be decided by the Court based on evidence on record and not based on who is representing the two tortured Aetas. It bears stressing that the proceedings is at the stage of presentation of evidence by the prosecution, wherein the prosecution is scheduled to present the testimonies of the same soldiers who tortured the Aetas and who later charged them with terrorism. At this juncture, the government is still pursuing the terror case against the tortured Aetas. 5. Yesterday, Feb. 10, 2021, before the presscon of the NTF, the NUPL-CL visited Japer and Junior at the BJMP and were able to talk to them. This is contrary to what was claimed at the NTF-ELCAC presscon that the accused refused to face and confer with their counsel-on-record, the NUPL-Central Luzon. 6. When the NUPL clarified from them the veracity of Solicitor General Calida’s claims that they are now being represented by the PAO, the accused confirmed that they have decided to change their counsel and now prefer to be represented by the PAO. When NUPL tried to find out the reason for their decision to change defense counsel at this stage when there is scheduled hearing today (Feb. 11, 2021) and in fact the lead counsel has been preparing to cross-examine the prosecution’s first witness, all they said was that “nalilito na sila”, and then, thanked NUPL for the assistance and continued to state that they have decided on the PAO as their counsel. Based on their accounts, the NCIP and several other non-uniformed persons had been visiting them and talking them into dropping the NUPL in favor of the PAO as their counsel. 7. As far as NUPL knows, there is no retraction of the account of torture suffered by the accused and the other persons arrested with them and the videos taken of their account of the same will prove that the incident of torture was not fabricated by the NUPL but was stated by the accused victims themselves. 8. The Government is the one which filed the complaints against the accused. The ones who committed the tortures are soldiers from the Government. And now, as mentioned by the NTF-ELCAC at the presscon with the two Aetas yesterday, “kakampi nyo na kami.” It is only now, that the petition for intervention was filed and the issue of tortures came out in the national media that the NCIP is claiming that they are on the side of the tortured Aetas. 9. The filing of the Petition-in-intervention was done by the NUPL-CL as part of the legal remedies to protect and defend the tortured Aetas. They will ultimately benefit if the Petition would have prospered in the Supreme Court. So, how could they have been coerced into signing a Petition-in-Intervention which was intended to promote their interests and uphold their rights? It was filed also with the knowledge, consent and support of the immediate families of the accused and of their elders in their IP community. 10. The claims of unethical conduct should be thrown back to the NCIP and NTF-ELCAC and the ones who clandestinely approached, visited and compelled the tortured Aetas to drop the NUPL as counsel in favor of the PAO. In their situation as detainees facing the non-bailable offense of violating the ATA of 2020, and other charges, and their sense of hopelessness and longing for their families and anxiety over the situation of their wives who are still in custody, the NUPL can only imagine the pressures that have been brought upon the accused that led to the weakening of their resolve as regards the supposed retraction. 11. During the NUPL presscon last night, a question was asked why the NUPL did not request the BJMP authorities to prohibit the NCIP from visiting the tortured Aetas. NUPL explained that the NUPL was not aware at first that visits were being made even after the NUPL-CL had already entered its appearance as counsel-of-record. As we had later discovered and confirmed, the NCIP was visiting them and making representations to Japer and Junior that they are their attorneys also. This caused confusion to the accused. 12. The local NCIP had assisted the accused during the inquest and prepared counter-affidavits in which the claim of torture was also alleged. Clearly, even the NCIP also accepted the torture as a matter of fact and included it in the Counter-affidavits. In fact, the counter affidavits prepared by the local NCIP mentioned that the Japer and Junior were subjected to “interrogation,” were “manhandled,” and were being “hurt” into admission of their supposed terror acts. This is a proof that even the NCIP were aware of the psychological and physical tortures done by the military on the persons of Japer and Junior. 13. The NTF-ELCAC presscon yesterday was engineered to discredit the NUPL which is based on false conclusions and innuendos. In fact, even the two tortured Aetas were trying to explain that the One Thousand pesos was for expenses inside the BJMP. However, as seen in the livestream, when they were starting to explain further, the Moderator intercepted them and cut the narration quickly to prevent them from further clarifying that there was no bribery from the NUPL. # National Union of Peoples' Lawyers (NUPL)- Central Luzon Chapter References: Atty. Bonifacio Cruz 09190090518 Atty. Joy P. Bayona 0921 380 7113 Atty. Ericson Dela Cruz 09171927738


写真出典:Counterinsurgency task force presents 2 Aetas to announce they’re dropping NUPL as legal counsel, Inquirer. net, February 10, 2021, https://newsinfo.inquirer.net/1394441/counterinsurgency-task-force-presents-2-aetas-to-announce-theyre-dropping-nupl-as-legal-counsel

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