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Justice Secretary Leila de Lima yesterday came to the defense of the Philippine government after international human rights lawyer Amal Alamuddin Clooney, wife of Hollywood actor George Clooney, accused the administration of violating the human rights of the former President, now Pampanga Rep. Gloria Macapagal Arroyo, in a petition filed with the United Nations Working Group on Arbitrary Detention (UNWGAD).
De Lima said Mrs. Clooney should know that the right venue for her petition is not the UN but the Philippine judiciary.
“Mrs. Clooney should know that her client must first exhaust domestic remedies before she can file a complaint before the UNCHR or the Human Rights Council, in accordance with the criteria for the acceptance of communications filed with the Working Group on Communications,” she added.
Under international human rights standards, the secretary said, a detention order issued against an accused is in accordance with a state’s independent judicial processes and is recognized as a valid cause for restraining one’s liberty.
“Under no circumstances is Rep. Arroyo’s detention for the non-bailable crime of plunder violative of the Universal Declaration of Human Rights or the International Covenant on Civil and Political Rights,” De Lima said.
In her petition to the UN Working Group on Arbitrary Detention (UNWGAD) council, Mrs. Clooney asked it to consider the case under the “urgent action procedure,” instead of treating it as a regular case.
“The Aquino administration is not responsible for the fact that the judiciary does not subscribe to her claim that her continued detention is a result of political persecution,” Secretary De Lima, a former head of the Philippine Commission on Human Rights under then President Arroyo, said.
Last Sunday, Manila Bulletin reported that Mrs. Clooney called international attention to Mrs. Arroyo’s detention. She named the Philippine State as the respondent in the complaint she filed before the UN council on February 26.
Mrs. Clooney had been in constant contact with Mrs. Arroyo’s lawyers since May. Last December, in a teleconference with them, she said she believes the Philippine government is guilty of violating the human rights of the former President.
But De Lima said the case of former President Arroyo is a matter best left to the country’s judicial system. She pointed out that the Executive is not involved in either the prosecution or judicial determination of Arroyo’s plunder case, since the prosecutor is the Office of the Ombudsman, an independent constitutional office, while the Sandiganbayan is under the Supreme Court.
“We believe that the denial of Rep. Arroyo’s motion for bail was decided on the merits, and that she will eventually be convicted or acquitted on the merits. In the meantime, she is not without recourse to pursue whatever relief she feels she is entitled to, whether to move for medical treatment abroad before the Sandiganbayan, or to continue questioning before the Supreme Court the denial of her motion for bail,” De Lima said.
UN WORKING GROUP
Contrary to some media reports, it is not the United Nations Human Rights Committee that will handle the case filed by Mrs. Clooney but the UNWGAD.
The UNWGAD confirmed it has received a petition in relation to Arroyo’s case, and that this is now confidential. The confidentiality rule is part of a normal process adopted by the UN Special Procedures mechanisms in order to protect all parties, it said.
The UN Special Procedures is the general name of the independent fact-finding and monitoring mechanisms of the Human Rights Council that address either specific country situations or thematic issues in all parts of the world. It is is the largest body of independent experts in the UN human rights system. They are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.
In filing the Arroyo case, Mrs. Clooney reportedly wants the UN body to persuade the Philippine government to release Arroyo, who has been under hospital arrest at the Veterans Memorial Medical Center (VMMC) in Quezon City for a plunder case in connection with the alleged misuse of P366 million in intelligence funds of the Philippine Charity Sweepstakes Office (PCSO) during her presidency.
She appealed for an investigation of the criminal proceedings against Arroyo, demanded that appropriate measures be taken against those responsible for violating the her rights, and asked for a public apology from the government and full and adequate compensation.
At the UNWGAD, Arroyo’s case is deemed a special procedure where all communications between the UN body and the Philippine government on the matter will remain confidential. However, should the Philippine government ignore the appeal, the case will be treated as a regular procedure that will be heard by the UN Human Rights Council, where documents and information regarding the matter can be accessed by the public.
Mrs. Clooney has worked in the Office of the Prosecutor at the UN Special Tribunal for Lebanon and at the International Criminal Tribunal for the former Yugoslavia. She has been involved in several cases, including representing the state of Cambodia, the former Libyan intelligence chief Abdallah al Senussi, former Ukraine Prime Minister Yulia Tymoshenko, and WikiLeaks founder Julian Assange. She is an adviser to the King of Bahrain in connection with the Bahrain Independent Commission of Inquiry.
The Department of Foreign Affairs (DFA) said the Philippine government will “present the necessary response about any complaints within the appropriate time and in keeping with its international commitments to uphold human rights.”
ATTORNEY’S FEE
With a combined net worth of $182 million (approximately P8.008 billion) with husband George Clooney, how much did Mrs. Clooney charge as attorney’s fee to represent former President Arroyo before the United Nations?
NOTHING
Former justice secretary and now 1BAP party-list Rep. Silvestre Bello III said Mrs. Clooney “is too rich to demand attorney’s fees. I believe she is happier pursuing her human rights advocacy.”
Lawyer Larry Gadon, a legal adviser of Mrs. Arroyo, said he has been in constant communication with the human rights attorney but fees have not been discussed by them.
Earlier, political allies of former President Arroyo lauded Mrs. Clooney for filing the complaint assailing the Philippine government for allegedly violating the human rights of Mrs. Arroyo. Reps. Ferdinand Martin Romualdez (Lakas-CMD, Leyte) and Lito Atienza (Buhay party-list) said Ms. Clooney has made a name for herself as a human rights advocate and is expected to shun professional fees in pursuing her advocacy.
“I think that is pro bono on the part of Amal. She studied GMA’s case pretty closely and was convinced that her plight needs to be brought up to the UN,” said Romualdez.
Bello said he does not have an idea how much Mrs. Arroyo paid for the docket fee acceptance charge, and other legal payments. He said Mrs. Clooney’s clients have included former UN Secretary General Kofi Annan, WikiLeaks founder Julian Assange, and US Supreme Court Justice Sonia Sotomayor.
Bello said the Philippines cannot be forced to implement the UN council’s ruling. However, he said, ruling considered adverse to the Philippine government’s position on Arroyo should not be ignored unless the Aquino administration is ready for international censure. (With reports from Roy C. Mabasa and Ben R. Rosario)
x x x."Read more at http://www.mb.com.ph/de-lima-defends-administration-questions-filing-of-un-case-for-gma/#ef4Z0vGtIVSwM1gx.99
