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UN body finds Gloria Arroyo’s detention illegal, against int’l law
(Updated 11:35 a.m.) The United Nations Working Group on Arbitrary Detention has found the continued detention of former President and now Pampanga Rep. Gloria Macapagal Arroyo arbitrary and illegal under international law.
In its opinion released on October 2, the five-member UN body urged the Philippine government to reconsider Arroyo’s bail plea “in accordance with the relevant international human rights standards and to accord Ms. Arroyo with an enforceable right to compensation… for the deprivation of liberty which already occurred.”
The gist of the UN working group’s opinion was relayed to Arroyo’s counsel in the Philippines Atty. Lorenzo Gadon via e-mail sent Oct. 7 by international human rights lawyer Amal Alamuddin Clooney. The latter filed a human rights violation case against the Philippine government on the former President’s behalf before the UN.
Arroyo has been under hospital arrest at the Veterans Memorial Medical Center (VMMC) in Quezon City since 2012 for a plunder case in connection with the alleged misuse of P366-million intelligence funds of the state lottery firm during her presidency. She is undergoing treatment for a spine disease.
In her e-mail, Clooney said the UN body found Arroyo’s detention illegal under international law because the Sandiganbayan “failed to take into account her individual circumstances” when it repeatedly denied her request for bail and fell short in considering alternatives to pre-trial detention.
Furthermore, she said the UN working group also found the “undue delays” in the legal proceedings surrounding Arroyo’s case an indication that her detention was arbitrary.
Arroyo camp to file petition
Arroyo has been under hospital arrest at the Veterans Memorial Medical Center (VMMC) in Quezon City since 2012 for a plunder case in connection with the alleged misuse of P366-million intelligence funds of the state lottery firm during her presidency. She is undergoing treatment for a spine disease.
In her e-mail, Clooney said the UN body found Arroyo’s detention illegal under international law because the Sandiganbayan “failed to take into account her individual circumstances” when it repeatedly denied her request for bail and fell short in considering alternatives to pre-trial detention.
Furthermore, she said the UN working group also found the “undue delays” in the legal proceedings surrounding Arroyo’s case an indication that her detention was arbitrary.
Arroyo camp to file petition
In light of the UN Working Group's recommendation, lawyers of Arroyo will make another appeal to the Sandiganbayan to grant her bail following the ruling of the UN Working Group. "We might file another petition for bail at the Sandiganbayan citing the recommendation of UN," Gadon said.
The Arroyo camp said it welcomes the expert opinion of UN and urges the government to comply. "The Philippine government will lose face if we will not abide by the internationally accepted principles of law," Gadon said.
The legal team maintains that the former President deserves her temporary liberty while her plunder case involving an alleged anomaly in Philippine Charity Sweepstakes Office funds is ongoing. "She should have been granted bail because the evidence is weak," Gadon said.
‘Politically motivated’
‘Politically motivated’
In siding with Arroyo, Clooney said the UN working group recognized that the charges against the former President are politically motivated since she was detained “as a result of the exercise of her right to take part in government and the conduct of public affairs” and “because of her political…opinion.”
She said the UN body highlighted in particular the Philippine government’s “defiance of court rulings removing travel bans” against Arroyo as proof that it is “targeting” the former President and interfering with judicial decisions in her case.
The UN body based its finding on the government’s resistance to lift the travel restrictions on Arroyo on Justice Secretary Leila de Lima’s move to stop her from boarding a Singapore-bound plane in November 2011, in violation of a Supreme Court ruling allowing her to seek medical treatment abroad.
The UN body based its finding on the government’s resistance to lift the travel restrictions on Arroyo on Justice Secretary Leila de Lima’s move to stop her from boarding a Singapore-bound plane in November 2011, in violation of a Supreme Court ruling allowing her to seek medical treatment abroad.
Aside from reconsideration of Arroyo’s bail plea and providing compensation, the UN working group asked the Philippines government to “ensure fair trials which respects all the guarantees enshrined in international human rights law” should it proceed with trying the former President’s case.
“In particular, the trials must take place without undue delay,” the UN body said.
Before deciding on Arroyo’s case, Clooney said the UN body received “extensive legal submissions” from both the former President’s side and that of the Philippine government.
After extensive deliberation, she said the UN working group backed the arguments presented by Arroyo’s counsel “in full” and held that the Philippine government “failed to refute any of her allegations.”
Clooney handles the case filed by Arroyo at the UN Human Rights Commission.
Arroyo’s health
Arroyo’s health
Meanwhile, Arroyo's medical condition continues to deteriorate according to her lawyers.
"She continues to suffer as her condition worsens while in detention," Gadon said. In fact, Arroyo can hardly lift a cup of coffee. "Her left hand feels numb as if it's paralyzed because she can hardly move it at times."
"She continues to suffer as her condition worsens while in detention," Gadon said. In fact, Arroyo can hardly lift a cup of coffee. "Her left hand feels numb as if it's paralyzed because she can hardly move it at times."
Arroyo faces plunder charges at the Sandiganbayan which is a non-bailable offense.
Palace reaction
Malacañang on Thursday however said that while it "takes note" of the opinion of the UN body on the continued detention of Arroyo, it cannot interfere in an ongoing judicial proceeding.
Palace reaction
Malacañang on Thursday however said that while it "takes note" of the opinion of the UN body on the continued detention of Arroyo, it cannot interfere in an ongoing judicial proceeding.
Communications Secretary Herminio Coloma, Jr. said the Philippines is a signatory to international conventions on human rights, and as such, it ensures that all individuals are accorded due process under existing laws.
He said Arroyo has been accorded such due process and availed of the necessary legal remedies under Philippine laws.
"It must be noted that there is an ongoing judicial process in the PH courts, which has sole jurisdiction to decide on such matters. The PH government or any international body, for that matter, cannot interfere nor influence the course of an independent judicial proceeding," said Coloma. —With a report from Kathrina Charmaine Alvarez/KG, GMA News
