Ces Drilon » Unmasking the Police’s Veiled Threats and Harassment

UNMASKING THE VEILED THREATS AND HARASSMENT FOR WHAT THEY ARE

Statement issued by Ces Drilon on the filing of the Petition for a Writ of Amparo before the Supreme Court

21 January 2008

A free atmosphere for speech, press, and public opinion is possible only for as long as the people will it to be. That is the essence of the petition we have filed before the Supreme Court today.

We, as journalists, believe it’s our duty to unmask the veiled threats and continued harassment of the press by the government for what it is. Moves to limit press freedom and censorship are no longer a temptation for government. It is a reality that we have to expose, and stop.

The arbitrary and illegal arrests of journalists after the November 29 Peninsula siege turned out to only be the first step.

After the arrests, Philippine National Police Head Avelino Razon, after trivializing and dismissing a violation of the Constitution as an ‘inconvenience’, threatened that journalists who will legally fight for their rights will face countercharges. Adding further insult to injury, Interior and Local Government Secretary Ronaldo Puno elevated this to policy by telling journalists that they would arrest journalists again in similar future situations.

On January 11, another government head added to the chilling effect. DOJ cretary Raul Gonzalez issued a Media Advisory to news organizations warning us that we face criminal charges if we disobey orders from authorities during “emergencies”. This so-called Media Advisory was quickly condemned by local and foreign journalists because this is again a threat not only to the legitimate exercise of our profession but also to the guaranteed Freedoms of Speech, Press, and the Right to Information.

These developments have far-reaching consequences because every journalist reporting on a conflict situation now has to worry that he or she may be arrested and treated like a common criminal just for doing a job.

Those who lived through Martial Law say it’s déjà vu. They tell me about the days when the freedom of the press and the people’s right to information were the first to be sacrificed in the name of ‘peace and order’, ‘national security’, and ‘stability.’

Because of our history, we can’t afford to be in a state of denial.

The following developments are sobering. In 2003, there were more journalists killed in the Philippines than in Iraq, and today – despite pressure from the international community, the harassment and arrest of journalists, the unexplained disappearances, the extra judicial killings, and the use of lawsuits and other State resources continue to be used to try to control journalists.

In 2006, there was Proclamation 1017. Authorities threatened to shut down media organizations and stationed tanks outside TV networks. Proclamation 1017 was challenged before the Supreme Court which ruled on May 3, 2006, that “the arrogant warning of government officials to media is plain censorship.”

In 2006, Freedom House, an international group which conducts an annual survey of political rights and civil liberties, downgraded its rating of the Philippines from FREE to PARTLY FREE. Indeed, the pattern is familiar, yet still alarming. Indeed, everybody seems to recognize the problem, except our Government.

There is one lesson we should learn from all of these – and that is vigilance.

That is why we are filing our Petition for a Writ of Amparo.

We appeal to the Supreme Court to immediately declare our arrests illegal and to issue a permanent protection order to restrain government authorities from enforcing any form of prior restraint on the press in the form of thinly veiled threats of government sanctions or “reminders” of criminal liability. We pray that the court rules with the end view of removing this ‘sword of Damocles’ — this constant threat of future warrantless arrests and acts of harassment that hangs above the head of every Filipino journalist. We have no other recourse.

Noong nasa peninsula Manila ako at ang aking walong kasamahan sa Abs-
Cbn, ang tangi naming pakay ay maghatid ng balita sa aming mga
manonood, ngunit sa huli, di naman namin inaasahan at kagustuhan, kami
na ang naging balita, dahil sa ginawang pagtrato sa amin sa coverage
na iyon. Ngayon kami ay nasa harap ninyo dahil sa pagdulog namin sa
mataas na hukuman upang ihayag na hindi maaring isawalang bahala ang
pagaresto sa amin at ang mga sumunod na banta ng mga may katungkulan.
Hindi po Ito tungkol sa amin kundi po para sa lahat ng mga
mamamahayag, upang galangin ang malayang pamamahayag na napakahalaga sa isang demokratikong lipunan.

This petition means many things for us. It speaks of our continuing faith in institutions of the State, notwithstanding the way that we have been unjustly treated by some institutions of that same State. For as promised by Supreme Court Justice Reynato Puno, the writ of Amparo is the “greatest legal weapon to protect the Constitutional Rights of our people” as it addresses the need of the sovereign Filipino to be assured that if their right to life and liberty is threatened or violated, they will find vindication in our courts of justice”. To the Honorable Men and Women of the Supreme Court, we are holding on to that promise. We earnestly hope and we pray that you will not fail us.