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Volume 22 Number 1
The Rule on the Writ of Habeas Data
Volume 22 Number 1
Tuesday, 19 January 2010 13:48

Republic of the Philippines

Supreme Court

Manila

EN BANC

A.M. No. 08-1-16-SC

SECTION 1. Habeas Data.—The writ of habeas data is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party.

 
In a Coercive Environment: Nursing a Culture of Fear and Breeding Tolerance to Impunity
Volume 22 Number 1
Tuesday, 19 January 2010 11:57

by Renato G. Mabunga

THE 2007 human rights situation was characterized by a combination of political gimmickry and sincerity; of alarm and a stubbornness to rectify; and of a sharp contrast between policy pronouncements and implementation. It was a show-off of concerns to end impunity at various levels, from mere palliatives and political gimmickry on the part of the executive, sincere resolve and ‘activism’ on the part of the Supreme Court and confusing signals for justice to victims and civilian populace. Yet at the end of the year, despite the pronouncements, the coercive environment remained. This environment nursed a culture of fear among civilians and human rights victims, and bred tolerance to impunity even amidst ‘mechanisms’ purportedly to resolve it.

 
Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
Volume 22 Number 1
Tuesday, 19 January 2010 11:08
Adopted on 18 December 2002 at the fifty-seventh session of the General Assembly of the United Nations by resolution A/RES/57/199.
Protocol is available for signature, ratification and accession as from 4 February 2003 (i.e. the date upon which the original of the Protocol was established) at United Nations Headquarters in New York.
PREAMBLE

The States Parties to the present Protocol, Reaffirming that torture and other cruel, inhuman or degrading treatment or punishment are prohibited and constitute serious violations of human rights,
Convinced that further measures are necessary to achieve the purposes of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter referred to as the Convention) and to strengthen the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment, Recalling that articles 2 and 16 of the Convention oblige each State Party to take effective measures to prevent acts of torture and other cruel, inhuman or degrading treatment or punishment in any territory under its jurisdiction,
Recognizing that States have the primary responsibility for implementing those articles, that strengthening the protection of people deprived of their liberty and the full respect for their human rights is a common responsibility shared by all and that international implementing bodies complement and strengthen national measures, Recalling that the effective prevention of torture and other cruel, inhuman or degrading treatment or punishment requires education and a combination of various legislative,administrative, judicial and other measures,Recalling also that the World Conference on Human Rights firmly declared that efforts to eradicate torture should first and foremost be concentrated on prevention and called for the adoption of an optional protocol to the Convention, intended to establish a preventive system of regular visits to places of detention, Convinced that the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment can be strengthened by non-judicial means of a preventive nature, based on regular visits to places of detention, Have agreed as follows:
Last Updated on Tuesday, 19 January 2010 11:51
 
Editorial: Fight for Truth, Justice and Accountability
Volume 22 Number 1
Friday, 15 January 2010 11:54
vol_22_no._1Task Force Detainees of the Philippines (TFDP) declares its support for Jun Lozada and the people’s quest for truth, accountability and justice.

Today our nation finds itself once again in the eye of a political crisis that stems from Arroyo’s shamefaced denial of culpability and unwillingness to be accountable for the corruption and irregularities that surrounds the ZTE Broadband deal.
Last Updated on Tuesday, 19 January 2010 14:12
 
Amnesty International Interns: More Than Just Busy Work
Volume 22 Number 1
Friday, 15 January 2010 11:54

by Roman Sokolowski

Nerisse Mandigma and Eva Adora are students at Manila's De La Salle University, both earning degrees in International Studies.   Their courses include an internship component, and, because of its strong international reputation and years of experience in hosting volunteer interns, their first choice was Amnesty International Pilipinas (www.amnesty.org.ph).

AI Pilipinas did not waste any time in putting Nerisse and Eva to work.  During the first week of their internship, they hit the ground running, attending a peaceful mass protest outside the United States embassy in Roxas Boulevard.  Reflecting Amnesty International's combined global and local focus, they protested to demand the closure of the Guantanamo Bay Detention Camp.  Nerisse admits that they were nervous at first, since they had never attended a political protest before.  They were also afraid that, as a result of their participation, they might be denied U.S. visas in the future.  But in the end, she says, the protest was a very positive experience.

 
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