Wednesday, January 15, 2014

Pinoy Weekly | Rights group scores gov’t conviction of NDF consultant


Posted: 15 Jan 2014 08:19 AM PST

Eduardo Sarmiento (left) with other NDFP peace consultants in  Camp Crame Custodial Center with them is Jig Clamor (far right) of Selda.  (Contributed photo/Selda)Eduardo Sarmiento (left), with other NDFP peace consultants in Camp Crame Custodial Center. With them in the photo is Jig Clamor (far right) of human rights group Selda. (Contributed Photo/Selda)


Human rights group Karapatan scored the Philippine government convicting Eduardo Sarmiento, a peace consultant of the National Democratic Front of the Philippines (NDFP).

The group said the conviction of Sarmiento impedes peace talks between the government and the revolutionary group.

“We view the recent conviction of Sarmiento as another blow impeding the peace process between the two parties and a clear indication of the Aquino government’s insincerity to resume the peace talks,” said Cristina Palabay, Karapatan secretary general.

The NDFP has said that Sarmiento’s conviction violates the Joint Agreement on Safety and Immunity Guarantees (Jasig), signed by both parties to protect individuals directly involved in the peace process from legal prosecution.

Palabay also slammed the Office of the Presidential Adviser on the Peace Process (OPAPP), accusing Sec. Teresita Deles of “promoting discord and contempt with the peace talks” through the continuous arrest and conviction of NDFP consultants.

Sarmiento, who was arrested on charges of illegal possession of explosives last February 2009, was convicted by the Muntinlupa Regional Trial Court Branch 203 with life imprisonment on December 2013.

His lawyers maintained that the evidence, a grenade found in his possession, was planted.

For Karapatan, the case of Eduardo Sarmiento further exemplifies the injustices being suffered by all political prisoners in the country.

“(These are) rights violations which are being perpetuated by the Benigno S. Aquino administration through its counter-insurgency program Oplan Bayanihan,” Karapatan said in a letter they sent to OPAPP.

At the time of his arrest, Sarmientowas serving as the NDF peace consultant representing Eastern Visayas . Karapatan said that Sarmiento was listed as a peace consultant in the 2001 Jasig list.

Jasig was signed on 24 February 1995 by the government of the Philippines (GPH) and the NDFP. It provides consultants and negotiators in the peace process of guarantee to free passage in the country and should have immunity from surveillance, harassment, search, arrest, detention, prosecution and interrogation due to their involvement or participation in the peace negotiations.

For its part, OPAPP  insisted that Sarmiento is not covered with the Jasig.

“His name is not included in any of the Jasig lists submitted by the NDF to the GPH Panel in 2001 and 2004,”  it said.

OPAPP also claimed that the NDFP failed to confirm and identify its members who were listed as consultants including Sarmiento.

The NDFP maintained that Sarmiento assumed the name “Leah Samar”, which is purportedly in the Jasig list.

The revolutionary group said that the failure of verification process to open the disks containing the names and photos of NDFP peace consultants were corrupted due to improper handling of Dutch police who raided the NDFP office last 2007.

Karapatan challenged the GPH and OPAPP to respect previous agreements with the NDFP.
“We also call on the GPH and the OPAPP to stop attacking the previous bilateral agreements, resume the peace talks and release all political prisoners now,” Palabay said.

As of this writing, Karapatan said that there are 449 political prisoners languishing in government jails. Of these, 154 were arrested and detained under the current administration.


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