Baylosis still enjoys immunity from arrest, lawyer insists

Communist leader Rafael Baylosis' immunity from arrest is still in effect under a pact forged by the government and communist rebels, his lawyer insisted Friday, contrary to presidential spokesperson Harry Roque Jr.'s earlier remark.

Lawyer Rachel Pastores called Roque "ignorant" of the provisions of the Joint Agreement on Safety and Immunity Guarantees (JASIG).

"Hindi po totoo at wala pong batayan 'yung sinasabi na ang immunity guarantees under JASIG despite the termination of the peace negotiations... ay hindi na valid at wala na, because expressly stated po 'yan sa JASIG," she said at a press conference.

She was reacting to a statement made by Roque on Thursday that the camp of Baylosis may not invoke JASIG provisions to call for the release of the consultant to the National Democratic Front's negotiating panel.

"Wala namang saysay ang JASIG ngayon dahil wala namang peace talks. Bakit sila nagja-JASIG-JASIG ngayon? Pangalawa, anong pagva-violate sa CAHRIL? Eh inaresto. Ang CAHRIL po, human rights and humanitarian law," he had said.

He did, however, urge the left to appeal for a writ of habeas corpus if they believe the arrest was illegal.

"Mr. Harry Roque should not make himself an accomplice in the killing of the peace negotiations," said Pastores. 

Signed in 1995, the JASIG states: "Immunity guarantees shall mean that all duly accredited persons are guaranteed immunity from surveillance, harassment, search, arrest, detention, prosecution and interrogation or any other similar punitive actions due to any involvement or participation in the peace negotiations."

"The immunity guarantees shall cover all acts and utterances made in the course of and pursuant to the purposes of the peace negotiations," it added.

All immunities provided for by the JASIG, it said, shall remain in full force and effect even after the termination of this Joint Agreement, but that the "immunities shall not cover acts which are contrary to the purposes of the peace negotiations and outside and beyond involvement or participation in the peace negotiations."

Baylosis and his companion Guillermo Roque were arrested on Wednesday afternoon, days after President Rodrigo Duterte proclaimed he would go after the rebel left's "legal fronts," and months after the Communist Party of the Philippines and its armed front New People's Army were tagged as terror groups.

Authorities said they recovered two cal. 45 pistols, 14 ammunition, and two magazines from the arrested duo.

Perjurious

However, Pastores claimed the circumstances of Baylosis' apprehension bore the "hallmarks of perjury."

"Yung circumstances don sa pag-aresto ay malinaw po na incredible, unbelievable, at meron pong hallmarks of perjury, I can say that," she said.

"Kumbaga ho it's a bad script, gawa-gawang kwento, kahit po sa komiks hindi papasa, hindi bebenta,"  she added.

Baylosis' camp maintained that he was arrested without a warrant, denied access to a lawyer, and was not read his rights.

The communist leader is charged with illegal possession of firearms and of live ammunition, but Pastores said they were expecting the police to "add" a charge for illegal possession of explosives (for a supposed hand grenade) in the charge sheet, making it non-bailable.

Also a part of their condemnation of the arrest is that Baylosis' bail prescribed from a pending case was "existing and valid," said the lawyer.

Meanwhile, militant rights group leader Cristina Palabay said almost 98 percent of all political prisoners are charged with criminal offenses, and 70 percent of this number are charged with illegal possession of firearms and/or explosives.

"I guess it’s the easiest way of the police and the military to plant evidence to justify their arrests of many people," Palabay said, noting that this strategy "can be used against anybody."

Bayan Secretary General Renato Reyes concurred, saying such an arrest marks the "crackdown on dissent," which leftist groups have been decrying since Duterte terminated peace talks with the left anew and subsequently placed a terror tag on the CPP-NPA. — MDM, GMA News