Europe Solidaire Sans Frontières
MANILA, Philippines — Communist leader Jose Ma. Sison has been freed from prison, just hours after a Dutch court ordered his release after it failed to find “sufficient indications” he was involved in the murders of former political colleagues in the Philippines.
But Sison, founder of the Communist Party of the Philippines (CPP) and its armed wing the New People’s Army (NPA), is not off the hook yet as the District Court of The Hague does not preclude him from being prosecuted on murder charges.
“The charges are not being dropped. The investigation will continue and the national police still consider him a suspect,” spokesman Wim de Bruin of the national prosecutor’s office told INQUIRER.net in a phone interview.
The Dutch court only rules on the request to keep someone in custody, while it is the public prosecutor’s office that decides on whether or not to prosecute.
“Now that he is released, there is no need for a trial within three months,” De Bruin said. “It can start longer than three months.”
Sison, who has been living in the Dutch town of Utrecht since 1987, was arrested on August 28 on charges of having ordered the murder, from the Netherlands, of former comrades Arturo Tabara and Romulo Kintanar.
According to Dutch prosecutors, Sison ordered the assassination of Kintanar, former NPA chief, on January 23, 2003. The murder was claimed by the NPA itself in an official publication, they said
Prosecutors are also investigating the role of Sison, 68, in the killings of Tabara and his son-in-law Stephen Ong on September 26, 2006. Tabara was a member of the highest command of the NPA and his assassination was also claimed by the rebel group.
The district court has established that the murders were committed in the Philippines due to disagreements within the CPP and that the decision to commit these crimes was made “within party structures of the CPP.”
Kintanar and Tabara were among rebel leaders who led a faction that split from the mainstream communist movement in the 1990s.
The court also recognized “many indications in the files which support the point of view that the accused is still playing a leading role in the Central Committee of the CPP as well as in the military branch of the CPP, the New People’s Army.”
The court ruled however that there was not enough evidence to prove Sison committed the crimes in collusion with others or that he incited others to kill the victims.
De Bruin said the Dutch national prosecutor’s office will appeal the court’s decision to release Sison.
The freed communist leader was welcomed by wife Juliet de Lima-Sison, friends and colleagues from the National Democratic Front, including Luis Jalandoni, his wife Connie Ledesma, and Joselito Baleva. He was accompanied by his lawyer Michiel Pestman as he walked out of the penitentiary institution at The Hague.
Sison fled the Philippines and filed for political asylum in the Netherlands in the 1980s but his request was rejected by the Dutch authorities. They ruled, however, that he could not be sent back to the Philippines because his life would be in danger.
Since 2002, Sison and the Maoist-inspired CPP have been on the EU list of people and organizations aiding terrorism. His assets have been frozen and the Dutch state also blocked his pension.
Although Sison won one legal challenge against the listing, his name reappeared on a subsequent review of the list, and he will need to file a separate legal challenge to get that mention lifted.
Sison has complained that the Dutch government’s freezing of his welfare and pension allowances meant he had to live off gifts from the Philippine community and his wife’s welfare cheques. With a report from Agence France-Presse
* By Veronica Uy
INQUIRER.net (UPDATE 5)
Last updated 11:43pm (Mla time) 09/13/2007. Originally posted at 4:06pm.
Filipino Sison released
The Hague, 13 september 2007 - Today, the District Court of The Hague decided in camera that the accused Sison should be released from custody immediately.
The accused was arrested on 28 August 2007 and subsequently remanded in custody on the charges of participation of or incitement to the commission of the murders of Romulo Kintanar and Arturo Gabasan Tabara and/or Stephen Alamo Ong, as well as the attempted murders of Ruel Murakami and/or Edmundo Ruiz y Martinez.
The District Court established that these serious offences have been committed in the Philippines and relate to disagreements inside the Communist Party of the Philippines (CPP) and that the decision to commit these murders was taken within the party structure of the CPP.
Furthermore, the Court recognised that there are many indications in the files which support the point of view that the accused is still playing a leading role in the Central Committee of the CPP as well as in the military branch of the CPP, the New People’s Army (NPA).
Nevertheless, the Court reached the conclusion in camera that the files do not include sufficient indications that the accused, while living in the Netherlands, committed the offences he is charged with, in deliberate and close co-operation with the perpetrators in the Philippines. Neither do they contain sufficient concrete indications that the accused incited others to commit these serious offences.
The text of the decision of the District Court in camera will be published today on this website under LJ-number BB3484.
For further information you may contact the Press information office of the District Court of The Hague, tel. (+31) 70 381 1943.
Palace surprised over Sison’s release from jail
MANILA, Philippines — Malacañang was caught by surprise with the Dutch government’s decision to release Jose Maria Sison from detention.
“I don’t know about this. What I know is that he’s supposed to be in detention for 90 days,” National Security Adviser Norberto Gonzales said in a telephone interview.
Gonzales said this was the fist time that he heard about the news and would check the information.
Asked if there were Philippines officials in The Netherlands monitoring Sison’s case, Gonzales said Dutch officials were on top of the situation.
But Gonzales reiterated that the Philippine government would help if its assistance would be sought.
http://newsinfo.inquirer.net/breakingnews/nation/view_article.php?article_id=88397
* By Lira Dalangin-Fernandez
INQUIRER.net
Last updated 04:28pm (Mla time) 09/13/2007
Text of the decision of the District Court in camera
Uitspraak
DISTRICT COURT OF THE HAGUE
CRIMINAL LAW SECTION
Public Prosecutor’s Office number: 09.750006-06
On 7 September 2007, the Public Prosecutor submitted a demand aiming at an order to be issued for detention of:
[the accused]
born in [place of birth] on [date of birth]
currently held in the remand prison in The Hague (Unit 1).
The Court has examined the documents in this case.
On 7 September 2007, the accused and his counsel, as well as the Public Prosecutor were heard in camera.
The accused was remanded in custody on the charges of participation of, alternatively incitement to the intentional and premeditated murders of [R.K.] on 23 January 2003 (count 1), [A.G.T.] and/or [S.A.O.] on 26 September 2004 (count 3) as well as the attempts to do so of [R.M.] and/or [E.R. y M.] on 23 January 2003 (count 2).
The Public Prosecution Service takes the point of view that prior to, and at the time of, the commission of these serious offences, the accused was the chairman of the Communist Party of the Philippines (CPP) and the Central Committee (CC), being a party body within the CPP, as well as that within the party structure, the CC takes the decisions and that the accused, being the chairman of both the CPP and the CC, for that reason may be held criminally responsible for the offences.
With regard to the question to be answered primarily, to wit if there are grave presumptions as provided for in article 67, third paragraph of the Code of Criminal Procedure, the Court considers the following.
It is certain that the acts concerned were committed in the Philippines. In the opinion of the Court, it is clear from the investigation that the said acts related to disagreements within the CPP and that the decision to commit these offences was made within the party structure of the CPP, in which other persons and bodies were also involved. The question that will have to be answered is if, and if so, in what way, the accused was involved and may be considered as a co-perpetrator of these acts.
In order to assume participation in the commission of acts within the meaning of article 47 of the Penal Code, there should be deliberate and close co-operation and a joint commission of the offence.
The police files submitted to the court include many indications for the point of view that the accused has been involved in the CC of the CPP and her military branch, the New People’s Army (NPA). There are also indications that the accused is still playing a leading role in the (underground) activities of the CC, the CPP and the NPA.
Without prejudice to the justified suspicion that the accused during the period described in the charges played a leading role in the aforementioned organisations, the files nevertheless do not provide a sufficient basis for the suspicion that the accused, while staying in the Netherlands, committed the offences he is charged with in deliberate and close co-operation with the perpetrators in the Philippines.
For that reason, the Court considers that the grave presumptions with regard to participation in the commission of the murders are not present. Neither can indications be found for the presence of grave presumptions with regard to incitement to these offences. The statements of the widows and the marksmen, to which the Public Prosecution Service appeals, only refer to the fact that they assume that the murders have been committed by order of the CC of the CPP and therefore an order originating from the accused being the chairman. However, that is insufficiently concrete to consider that grave presumptions are present.
The grounds that have led to the remand in custody of the accused are not, in any case no longer, present in the opinion of the Court, so that the demand should be rejected and the remand in custody should be terminated with immediate effect.
DECISION :
The Court rejects the demand of the Public Prosecutor and recommends
termination of the accused’s remand in custody.
MESSRS. POUSTOCHKINE LL.M., president, SCHAAF LL.M. and STEENHUIS LL.M., judges in the presence of MS KOK LL.M., clerk of the court, pronounced this decision in camera in this Court on 13 September 2007.
http://zoeken.rechtspraak.nl/resultpage.aspx?snelzoeken=true&searchtype=ljn&ljn=BB3484&u_ljn=BB3484
LJN: BB3484, Rechtbank ’s-Gravenhage , 09.750006-06 (english translation)
Datum uitspraak: 13-09-2007
Datum publicatie: 13-09-2007
Rechtsgebied: Straf
Soort procedure: Eerste aanleg - meervoudig
Inhoudsindicatie: Termination of the accused’s remand in custody. The accused was remanded in custody on the charges of participation of , alternatively incitement to the intentional and premeditated murders of R.K., A.G.T. and/or S.A.O. as well as the attempts to do so to R.M. and/or E.R. y M. The files do not provide a sufficient basis for the suspicion that the accused, while staying in the Netherlands, committed the offences he is charged with in deliberate and close co-operation with the perpetrators in the Philippines. Neither can indications be found for the presence of grave presumptions with regard to incitement to these offences.
Sison may face any of 4 charges under Dutch penal code
Court to decide on 90-day detention extension
MANILA, Philippines — Exiled Communist Party of the Philippines founder Jose Maria Sison may be charged for violations of four articles — 47, 48, 140, and 289 — of the Dutch Penal Code, documents made available to INQUIRER.net by the Dutch embassy in Manila show.
So far, Sison has not been arraigned on any charge. He was arrested by Dutch police after being accused of allegedly ordering, from exile, the murder of two former comrades, Romulo Kintanar and Arturo Tabara.
The New People’s Army has admitted responsibility for killing the two, who were among rebel leaders who led a faction
He has been detained since his arrest on August 28 – initially, he was supposed to be held only until August 31 but this was extended to September 13.
Article 47 pertains to “perpetrators of a criminal offense” who are defined as those who “commit the offense, have the offense committed, or participate as accessory” and those who “by gifts, promises, abuse of authority, force, intimidation, or deception, or by providing opportunity, means, or information intentionally abet the offense.”
Article 48 pertains to “accessory to a criminal offense,” defined as “those who intentionally help (in) committing the criminal offense” and “those who intentionally provide opportunity, means or information for the commitment of the criminal offense.”
Article 140 has four parts:
* Participation in an organization that has as its object the commission of serious offenses;
* Participation in the continued activities of a juristic person that has been proscribed in a final judgment;
* Higher penalty for founders or directors face of the organization; and
* Provision of financial or other material support and the raising of funds or persons for the benefit of the organization.
Article 289 involves the crime of murder, defining the offender as “a person who intentionally and with premeditation takes the life of another person.”
* By Veronica Uy
INQUIRER.net
Last updated 04:10pm (Mla time) 09/13/2007
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