Amal Alamuddin Clooney the wife of Hollywood superstar George
Clooney has brought to the United Nations Human Rights Council the plight of
Former President Gloria Macapagal Arroyo.
Lawyer Modesto Ticman, Jr. supplied Alamuddin Clooney with all the
details of the case of the former president and held a teleconference regarding
on the matter. The complaint which was filed through the UN Working Group on
Arbitrary Detention, was prepared and written by Alamuddin Clooney herself. She
said that the government of the Philippines has violated several provisions of
the International Covenant on Civil and Political Rights. She wants the UN to
intervene in the immediate release of Arroyo, who is detained under charges of plunder
over the alleged misuse of Philippine Charity Sweepstakes Office (PCSO) funds.
Alamuddin Clooney said that Arroyo must be given temporary release
to be able to get medical treatment abroad. In which Arroyo is under hospital
arrest for a bone mineral disorder.
Alamuddin Clooney cited Articles 9, 14, 19 and 25 of the
International Covenant on Civil and Political Rights. She also requested a full
investigation of the circumstances in which criminal proceedings were brought against
Arroyo and also the circumstances behind her detention. And also wants the
Philippines to reform its laws on “non-bailable” offenses.
She is also
seeking a public apology for the violations of Arroyo’s rights, adding that
full and adequate compensation should also be accorded to the former president.
She also
wants Arroyo to have unrestricted access to different means of communications
such as a mobile phone, Internet, and laptop computer.
The
complaint said the prosecution failed to establish any legitimate ground
denying bail and that there has been undue delay in bringing the former
president to trial. In which the motion for bail was ignored for over 10
months, in violation of the duty for a prompt decision.
The working
group asked Alamuddin-Clooney if she wanted the case to be filed under “urgent
action procedure” or under a “regular procedure.”
Larry Gadon, a family friend and legal counsel to the Arroyos explained
that urgent action procedure means: “The UN working group may send an appeal to
the Philippine state to free PGMA from detention on humanitarian
considerations. Urgent action procedure in this case will not result in a
finding of the Working Group on the alleged arbitrary nature of the detention.
Furthermore, the communications with the concerned government will remain
confidential and not be shared with the complainant or counsel as the source of
the complaint. Lastly, it remains at the Working Group's discretion to continue
to pursue the case under its regular communications procedure.”
Regular
procedure, on the other hand, means: “The initiation of the regular
communications procedure will result in complainant’s or counsel’s ability to
provide comment on any government response received in this case, as well as
the rendering of an opinion by the UN WGAD on the arbitrary nature of the
detention. The opinion will be reported to the UN Human Rights Council as well
as made public through the Working Group's webpage, database, and the Official
Documentation System of the UN. Such opinion may be rendered as early as the
last quarter of this year.”
The legal
team will pursue first “urgent action procedure” before proceeding to “regular
procedure.”
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