We’re used to political murders here at home. So used to it, that perhaps it’s a bit of a shock to realize other cultures and countries are really frightened of political murder. A case in point are the Dutch, who were traumatized by two political murders in their country: Pim Fortuyn in 2002, and Theo van Gogh in 2004. Think of it, before tthe 2002 murder, the Dutch never had to deal with people killing other people because of politics.
The murders led to a lot of agonizing among the Dutch about the presence of Muslims in their society and how a minority of them seemed headed for a confrontation with the easygoing habits (sexual, political, etc.) of the Dutch. The authorities tightened up the laws and it is the result of these legal adjustments that seems to have made life increasingly difficult for Jose Ma. Sison since the early years of this decade.
At first, in response to the Sison arrest, there was much growling and saber-rattling by the CPP-NPA-NDF, but I think their comrades in Holland have warned them that the Dutch are very, very sensitive to allegations of political murder, and hostile to any exhibitions of extremism: and so, the rhetoric of the NDF has had to be moderated. Think of it: if so much as a Molotov cocktail got lobbed at the Dutch embassy in Manila, or any violence erupted, the consequences for the Sison case in Holland would be catastrophic. So now, the CPP-NPA-NDF at its moment of crisis has to stick to protests and nothing more violent than waving banners.
This is how serious the case seems to be: never mind that Danny Buenafe reported that the Dutch judge thought Sison might order more murders if released; the BBC reported Dutch prosecutors using the phrase “war crimes.” This phrase is not one used lightly in European courts, and it has a precise meaning for Western jurists. If Dutch prosecutors can describe the crimes with which Sison’s been charged in that manner {”war crimes”) then the decision by the Court to extend Sison’s period of detention is no surprise (and should get his lawyer and supporters very, very nervous). Indeed, as one Dutch blogger, who has previously blogged about protest actions is support of Sison, put it in a recent entry:
Then there was a ruling in the Sison case, that he can be held for another two weeks.
I’m very, very curious to see the evidence against Sison, and now I have to wonder why the judge is keeping him in solitary confinement. The public prosecutors aren’t saying anything about their evidence. That’s normal, but the track record of the government isn’t great in proving criminal organizations, much less “chain of command” cases.
But basically, we will know nothing for the next two weeks at least.
The news coming from the lawyer is very one sided: he says there was “no evidence” against Sison, but it says something that the judges thought it was enough to hold him anyway.
Having met the man, I will be very surprised if he said anything out loud that could get him into trouble. Various members of the NDF here told stories of how the Dutch police burst into their houses, breaking down the doors. One guy said his kids were like “sheesh, all they had to do was knock.”
About the arrest itself: Dean Jorge Bocobo (a vigorous critic of the NDF, etc.) certainly penned a dramatic digest of the arrest:
On August 29, the same day a rare astronomical event treated millions to the celestial spectacle of the eclipse of a red moon, Jose Maria Sison, founder and chairman of the Communist Party of the Philippines (CPP) and its armed wing, the New People’s Army (NPA), were arrested by Dutch authorities at his home in Utrecht, The Netherlands.
Sison allegedly ordered the murders of two former fellow Communists in the Philippines, Romulo Kintanar and Arturo Tabara in 2003 and 2004. He is being held in The Hague pending arraignment and trial under Dutch law for allegedly ordering the assassinations, which are the basis of murder charges against him and New People’s Army operatives in the Philippines….
…Sison had been granted political refugee status in the Netherlands nearly 20 years ago on the basis of a claim that his life would be in danger in the Philippines. Once Sison was in safe harbor, the CPP’s top leadership and their families joined him to Utrecht where Sison received millions in financial contributions from the European Left and other international sources. From their European base they ran the CPP-NPA’s operations in the Philippines by fax and email and in coordination with their agents and allies in the Philippines. When anyone defied them, they allegedly resorted to assassinations to eliminate their ideological rivals, some of whom had returned to the fold of the law and were therefore considered “counter-revolutionaries” subject to execution by the same “People’s Courts” responsible for the purges and “killing fields” of the 1980s.
The josemariasison.org website has a thorough presentation of Sison-related legal cases: going into at times mind-numbing detail on the many cases Sison’s faced (and sometimes, though not always, won) is, however, disputed by JAE FEVER, who says past cases are beside the point:
There can be no denying that one President after another have tried to bring him down and seek his defeat, many times through means that flout due process principles and human rights values. For these instances, Sison has every right to seek recompense.
The onus of Sison’s supporters, however, is not simply to prove that a pattern exists. For indeed, that’s all they’ve been doing. The burden is for them to prove that this latest arrest fits into the pattern.
From the looks of it, it doesn’t. The bare-bones truth is that the case leading to this arrest was filed by two grieving widows who simply wanted justice for the deaths of their husbands. No mud has been slung on these women because no mud can be slung. They are not assets of the military, they do not work for the government, they have for the past several years lived simple and quiet lives. Joy Kintanar’s short statement is level-headed and devoid of the frothing-in-the-mouth anti-communist rhetoric that Sison’s supporters would have pounced upon: due process for Joma, truth, justice for Rolly. No comment on the peace process, no denouncing of the evils of communism and the Marxist-Leninst-Maoist ideology of the National Democratic Front.
So GMA rode on the issue. She was beside herself with glee, as though probable cause of Joma’s complicity in the murders of Rolly Kintanar and Art Tabara would exculpate her from the thousands of brazen extra-judicial killings against Bayan Muna members. Everyone with a modicum of logic and good sense should hate her by now. I know I do. But this doesn’t detract from the legitimacy of the quest for justice of Joy Kintanar and Inca Tabara.
The formulation is simple. It stands on no other ideology but simple justice and basic truth. Presidents who order the killings and disappearances of activists and journalists should be punished to the full extent of their criminal responsibility. Leaders of rebel groups who order the assassination of former members of their organization (or for that matter, orchestrate the murder and torture of comrades suspected to be deep penetration agents), should be punished to the full extent of their criminal responsibility.
People accused of murder should face trial. People proven to have murdered should have their ass hauled to jail.
This point of view was also reflected in a recent Inquirer editorial (and in my own blog; a good roundup of similar opinions is in Postcard Headlines). The editorial, in turn, sparked criticism from bloggers like JPaul S. Manzanilla, who wrote,
This is what the fascists have been trying to do do: turn the target of condemnation from the regime to the people’s movement. That Sison was arrested in accordance with the same subject of human rights - the alleged murder of former comrades - transfigures the human rights issue in a field where a “non-aligned” ground, as may be inferred from their attacks, has to be sought. In excess of the charge that “they (the Left) too, have crimes against humanity,” the butchers of our time create conditions wherein the settling of scores, the punishment of crimes, the impartial adjudicator, and the quest for justice are all only possible with the status quo. For surely the Inquirer claim (Try Him, 31 Aug 2007) that Kintanar’s widow’s brand of justice is the “neutral” (because coming from the aggrieved of the aggrieved?) serves the design to criminalize the revolutionary movement’s leadership. There can be no neutral trial for Sison because under the hands of the Arroyo, U.S. and Dutch governments that strive to image for us a revolutionary movement that is a “totalitarian” and “cannibalistic” troop.
In other words, not only are the allegations against Sison always trumped-up, but it is a great affront to Sison and his supporters to even think that his(alleged) crimes are on the same level as the crimes they regularly attribute to the government and the military. That the idea of subjecting everyone -Left, Right, or Center- to the same standards of justice may be horrifying to some members of the Left, suggests how divorced the Left is from mainstream opinion. Furthermore, it also suggests (dismayingly, for them, I’m sure) that the obvious split in attitudes between an outraged Left and an indifferent middle (never mind the prematurely, deliriously happy Right), despite the usual Solidarity networks raising the decibel levels, has shown how unsuccessful efforts by the NDF to build a united front have been.
But as the Sassy Lawyer asked, who can say, with precision, what Sison’s been charged with? Up to now, no one from Philippine media can quote the provisions of the Dutch Penal Code, chapter and verse, that Sison’s accused of having broken. I tried, but it was beyond me: the English version of the Dutch Penal Code online is incomplete; and LLRX.com and UofM Law School provide helpful overviews of the Dutch legal system, but no Penal Code in full. Not that the Dutch themselves have been entirely helpful: Philippine Commentary quotes Dutch government press releases in full, and they’re quite undetailed:
31 augustus 2007
On Friday Jose Maria Sison, 68, has been brought before the examining judge at court in The Hague. The judge ordered that the communist leader shall remain in pre-trial custody for a period of 14 days. Sison has been arrested on Tuesday by the National Criminal Investigation Service of the Dutch National Police.
He is believed tot be engaged in murder cases in the Philippines. The communist leader is suspected of giving orders, from the Netherlands, to murder former political associates.
For information please contact Wim de Bruin
But, come to think of it, such statements are, at least, official.
Everything Sison-related on Inquirer.net is on the The Arrest of Joma Sison.
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20 Feedbacks on "Why the Dutch are being harsh"
Dan Borjal
Joy Kintanar and Veronica Tabara are not innocent widows as JAE FEVER wishes to picture them. What did Joy think when Kintanar was giving briefings to the National Security Council of the Philippine government divulging to the other belligerent party in the armed conflict everything he knew about the structure, personalities and tactics of the revolutionary movement? Does this not make Kintanar part of the war machine of the Phililippine government? He was a very important intelligence asset of the government, a combatant and a legitimate target in the armed conflict. Kintanar himself knew this because he was reported to be carrying two handguns and a machine pistol when he was killed.
Arturo Tabara and Veronica Tabara are “leaders” of the so-called ABB-RPA based mainly in Negros and Panay. This group has made peace with the government and even boasts of having joint military operations with the Armed Forces of the Philippines against the New People’s Army. This group was recently reported in the newspapers as having turned over to the police a farmer whom they suspected to be a member of the NPA. In exchange for what? For a few pieces of silver? Yes they have been awarded by the government in some grand ceremony some millions of pesos purportedly for socio-economic projects for their members. This bandit group has also rent out their services as goons of politicians in Negros including notorious Marcos crony Eduardo Cojuanco.
Paul
I hope this will all end up to getting rid of Joma Sison in whatever way possible, the emerging new era for my beloved country - The Philippines, don’t need this dirt.
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[…] is also the continuing question of Jose Ma. Sison and his detential and trial. See my entry Why the Dutch are being harsh, in Inquirer […]
Marius Lardizabal
Typical of the Left-Wing blokes, kapag sila na ang nakalagay sa microscope kung anu-ano na ang sinasabi nila.
Pero kapag me na-amoy sila sa gobyerno na kahit utot lang ng tsismis, sila ang unang-una sumisigaw ng justice.
Very ironic at sobrang double-standard.
Hopefully Joma’s arrest will bring us closer to ending the armed struggle of the Left.
There are far more effective tools in addressing our social issues.
Victoria Cruz
What the Philippine Government could not do or have no balls to do with regards to Joma Sison, the Dutch Government is doing. And Joma Sison and cohorts better not mess with the Dutch Government….
zdrx
Mr. Manzanillas blog on Joma is pathetic because it was based on blind hatred at the govt., sarcasm on dutch capacity to be fair, and blind loyalty to Joma. His comment has no chance to be objective and impartial(just like the cpp/npa kangaroo court).He said it was a govt. ploy to deflect human rights condemnation on gma administration towards the communist.So what. Have you forgotten this is the same tactic cpp/npa used since the time of Marcos?If any, the govt. simply gave them a dose of their own medicine and you got angry. In fact it was their favorite pastime, accusing the govt. of human rights violations while torturing and slaugthering their own members themselves, on mere suspicion as being spies during “purges”— everytime there is a power struggles at the top. This is their status quo in settling old scores and differences, where the fittest and powers that be must live, and the weakest and perceived threat or enemy are simply purged gangland style where you have no right to defend yourself–a right Joma now enjoys in Holland.The govt. admitted its own defects and will improve its human rights record while the cpp/npa has not. In dutch judicial system, we are still in step 2 of supposedly 10 steps only, but he is already in step 100 by questioning dutch judicial capacity under the ”hand” of the Phil.,US and Dutch govts. Perhaps being a communist himself,he suspects the dutch judicial system operates like their own system—the npa kangaroo court. It is not Mrs. Kintanar and Mrs. Tabara that criminalized the local communists,it is their deeds, their own system, their messianic complex and greed that made them that. So many lives and properties were damaged,destroyed and lost in their pursuit for power.They infiltrated labor to cripple the industry to swell the ranks of the hungry jobless, where they can recruit malcontents.They inflamed the ignorant masses to use them as organized network and famished foot soldiers in the countryside. Many of our brainwashed youths future were broken when the communist distorted their view of life and the world, to use them to paralyze traffic and battering rams against police position during senseless demonstrations.It is done on purpose, because those truncheoned during those illegal and wild demonstration will be ripe to become npa squad level commanders. They formed legal fronts and other movements to cover their comrades asses and for propaganda purposes.They are now in congress where they view us as idiots. They denied having anything to do with communism but look at what they were openly doing when Joma was arrested. Satur even had the nerve to publicly become npa spokesman declaring that dutch nationals will not be harmed for what their govt. did to Joma. You see, things like this can only happen in a democracy. You are lucky Mr. Manzanilla you have freedom of expression here in a democracy where your distorted views is tolerated if not respected, no matter what. So unlike from the system of your masters where,even finding yourself on the ”wrong” side of the fence is always fatal.
zdrx
The issue is not being dutch harshness on Joma because there was none.The issue here is why it took the Dutch govt. too long on something that should have been done 10 to 15 years ago.Their giving shelter to Joma on flimsy excuse that he is in danger here is unacceptable because ours is a democratic and open society. Many times Luis Jalandoni came home and suffered not a scratch. His right hand man Satur together with some cohorts became congressmen.His fanatics being tolerated, are blabbering nonsense on the streets and terrorizing and extorting in the countryside not to mention burning buses and cellsites So harboring Joma is a deliberate hostile act by the Netherlands on a friendly country the Philippines. And letting Joma direct communist acts of terror from dutch soil can be considered an act of war.It just so happened the Phil. govt. being filipino is very patient, nice and enduring to a fault.And it was abused by the dutch who probably want to see the Philippines eat dirt from prolonged insurgency problem. If they had done that to a radical country, their country could have sunk into the sea with a series of terroristic retaliation.So what happened to our country should be blamed in part to the dutch, their belated action notwithstanding.
Kutkut
What gives is what we have been doing. We recognized the court action of other sovereignties, one is the U.S. unusual interest on the bounty of the Marcos victims, the U.S. court furious intentions of involving people here on the Aquino spy case, and the unusual initiated assistance of our government for other countries to pursue cases they are not really clear about but has all the colors of our domestic persecutions. In the Dutch case, we hear much of incoherent mumblings on thier actions whether justified at all or not. What is clear is that PGMA is smiling.
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viking
Yours is one of the more sober commentaries on the subject. Don’t be intimidated by those whose arguments which can’t stand on a hair pin.
Paul
To zdrx, I strongly agree with you because I myself came from a place where some of my childhood friends ended their youth and are now six feet under just because of the abhorrent preaching of these beasts, you manage to expound what my hurt and anger at the very existence of these scums stifled me from saying, God bless you my friend, God bless you!
Unbiased
Stupid people! Morons! It is only fair that murderers should be punished for their deeds. And other countries should never protect such people.
Sison got what he deserved. He and his group have been killing people.
The case has nothing to do with PGMA. You are only blinded by your hate.
When you kill someone, you should be made responsible and be punished. You are lucky that the people they have killed arent from your family, else you would be singing a different tune and begging PGMA to help you.
Fools! Why dont you look into Sison’s group? Majority of them are still here, blinded by their hate for the goverment and the fact that Sison is living the high life in Europe, getting rich while his people are poor.
Sison is just as corrupt.
DJB Rizalist
I think it is pretty clear that Joma Sison has been charged with ordering murders in the Philippines whilst in the Netherlands. It’s a lot like when he and Satur Ocampo allegedly ordered the Killing Fields of the 1980s whilst they were in jail under Marcos. Both have used their remoteness from the actual place these crimes were committed as a defense. Such crimes are always in the nature of criminal conspiracies and I would hazard to guess he will be prosecuted under some kind of anti-organized crime law in the Netherlands.
By the way, this a part of the “deliriously prematurely happy Right” wing that you mention, which, also happens to be the Mainstream of the Filipinos, at least according to the SWS survey of world public opinion.
I am particularly happy because Joma represents to me the viral idea that is Philippine Communism. Now that the Dutch have Dialed M for Murder and arrested Joma, there is already a sudden retreat by Leftists, a subtle holding back now of revolutionary fervor, after an initial rush of outrage that saw the Left in its many half-dozens storming in front of the cameras to protest the “torture” of Joma and demand his release.
But I think we shall see the Peter Principle in action now…the St. Peter Principle that is, as most sensible Leftists deny their leader with an abashed silence.
Only the die hard true believers, who are probably safely anonymous, will continue the Red eck eck. For about a week or two until the trial starts and all the awful truth comes out about the Evil they have been defending and praising as a revolutionary. The truth is, the communist insurgency has wrought untold suffering to the Filipinos and kept them groveling in poverty.
I hope Joma finds a good strong Dutchman or two to help him explore his uihm, personal geography with.
DJB Rizalist
But I don’t mind if the Dutchmen he finds are gentle and not harsh. (Oh he’s so cute!)
ricky
Joma can rot in jail for all I care, approximately 40 thousand filipinos died because of his (foreign inspired ideology)political and armed struggle, not counting the economic cost and lost opportunities to prosper as a country.While past administrations starting from Marcos era,Cory,Ramos to the present were partly to blame in terms of their policies,joma has to be held accountable also for his actions.His hands are soaked with blood also.
toby sterling
Greetings from Amsterdam. Just thought I’d let you know the answer to a question posed above: technically, Mr. Sison hasn’t been charged at all yet!
The Dutch legal system is very different to common law of the U.K./U.S. and similar systems (I don’t know what system the Philippines uses).
So, the way it works here is prosecutors describe to the judge what they think the suspect has done.
Before trial, prosecutors assemble a “dossier” of evidence.
At trial, prosecution and defense fight about what parts of the dossier are legitimate, and how heavily they should be taken into consideration.
It’s not until closing arguments of the trial that the prosecutor issues formal charges (!) along with the sentencing demand.
Then defense gives its counterproposal for sentencing (usually, but not always, no punishment). They never enter a plea (!).
In practice, defense lawyers and defendants usually tell judges they are innocent.
However, it was unusual (and technically incorrect) for prosecutors to use the phrase “charged with murder” in their press release.
The defense lawyer said the entire case was based on “hearsay,” which, as someone cited above has pointed out, will almost certainly be coming from the two widows. Given that they once had front row seats into the command and control of the CPP-NPA-NDF, they will be interesting witnesses.
But I imagine it will not be possible to base a case on their testimony alone; in the end Sison was demonstrably in the Netherlands at the time of the murders, and one can hardly imagine there is physical evidence (a tapped phone call for instance) showing he specifically ordered them.
Best,
Toby
MC_90
Joma should be jailed and he should rot injail together with all his cohorts…and the NPA should be terminated at all cost..just like the bua sayaf…they no longer have a cause…the terrorize people in the remote areas….they steal and rob them….THEY DESERVED TO DIE IN A FIRING SQUAD!!!!
Manuel L. Quezon III: The Daily Dose » Blog Archive » Businessmen behaving badly
[…] procedure) and compare her points to a description of the Dutch legal system, and its procedures, outlined by Toby Sterling (a Dutch blogger sympathetic to Sison). Quite obviously, despite their long-term residence in the […]
Mark_Isaiah
sa tingin ko hindi naman sila harsh eh. very kindly pa nga po.
from what i learned, sison has been ther for almost 20 years.
eh para sa akin ay very supportive ang dutch goverment sa mga groups or individual na mey pangangamba sa kanilang buhay. napaka-independent minded nila, hindi basta ‘pauuto’ sa US at european power like British or Russian.
imagine mo, eversince pa panahon ni marcos, kritikal na sya sa structure at system ng phil. govt.
at least he offered phils. a decent
alternative.
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