“We hope that someday the victories are the rule and not the exception”
One of the biggest national news stories in 2023 was the abduction and surfacing of Jonila Castro and Jhed Tamano. My colleague Bernardine De Belen wrote about their case and victory in the Supreme Court recently.
The two are young environmental activists who fight against the reclamation of Manila Bay. The projects in the area are known to have already displaced families, disturbed the ecosystems, and polluted living spaces as well as various fishes’ habitats.
The two disappeared on Sept. 2, 2023 with only a shoe and slipper left behind.
A couple of weeks after their disappearance, the police confirmed that Jhed and Jonila were in a safe house.
According to them, the news about their abduction was inaccurate as the two approached the authorities for help.
After this news broke out, on Sept. 19, 2023, the NTF-ELCAC held a press conference with Jhed and Jonila to convey the two actually surrendered.
However, in the same presscon, Jhed and Jonila bravely confirmed they were, instead, abducted by military forces.
They were forced to surrender and sign their sworn affidavits because their lives were threatened. Because of the clamor of human rights organizations after this conference, the two got reunited with their families.
Despite their safe return though, a constant threat is dangling over their heads.
For one, environmental activists and human rights defenders are already at risk in the Philippines; there are still 12 recorded enforced disappearance cases as of now under Bongbong Marcos.
Another thing is they defied the state force’s demand for them to cooperate, their defiance broadcast to the public at that.
The task force even said in a statement that they felt ‘betrayed.’
The danger their circumstances pose led the two young activists to seek help from the Supreme Court. They filed a petition against Lt. Col. Ronnel Dela Cruz and members of the 70th Infantry Battalion of the Philippine Army; Police Capt. Carlito Buco and members of the Philippine National Police Bataan; National Security Council Assistant Director General Jonathan Malaya, and the NTF-ELCAC.
In the petition, they requested writs of amparo and habeas data; it also included temporary protection order, permanent protection order, and production order. In the petition, they recalled threats said to them during interrogation as well such as, “Pagtatabihin namin kayo sa isang hukay.”
Fortunately, the Supreme Court made the right decision by granting the two activists a temporary protection order, writs of amparo and habeas data.
In the Supreme Court’s decision, they stated that, “elements of enforced disappearance were present, specifically that petitioners were forcibly taken on Sept. 2, 2023” proved by statements in the petition. The Court also concluded “there was an established violation or threat to the life, liberty, or security of petitioners by respondents.
The writs are called to be issued for reasons so obvious on the mere face of the Petition.”
While this is a great development in their case as it should provide protection and validate their enforced disappearance, a mere week later, they are served with a warrant of arrest from a municipal trial court in Bulacan.
The warrant was for charges of oral defamation filed by the Department of Justice.
How ironic is it that while the Supreme Court recognizes the violence done to these activists by the state forces, they get a warrant for telling the truth?
Thankfully, the two activists were able to post bail and acquired their release order.
Amidst these tiny mercies though, we must ask how the justice system in the Philippines can reconcile issuing protection to these young activists while also charging them with oral defamation in the same breath?
How can the same system that demands for the truth crucify defenders who are bravely telling the truth?
Why are victims of human rights violations being bombarded with even more attacks?
The victories–such as the Supreme Court’s decision regarding Jhed and Jonila’s petition–in the world of enforced disappearance victims are few and far between.
And so, we celebrate when we can, and we continue to fight and struggle, always.
We hope that someday the victories are the rule and not the exception.
Website: tonylavina.com Facebook: deantonylavs Twitter: tonylavs