A petition asking the Philippine Congress to revoke the martial law in Maguindanao province

An appeal to the Philippine Congress to revoke the martial law in Maguindanao province

I am writing to express my concern regarding the issuance of Proclamation No. 1959, which has declared a state of martial law and has suspended the privilege of the writ of habeas corpus, except in some areas, in the province of Maguindanao in southern Philippines.

I understand that President Gloria Macapagal-Arroyo signed Proclamation No. 1959 on December 4. Under Article 7 section 18 of the 1987 Philippine Constitution, and that she has the power to declare a state of martial law. However I am deeply concerned that the constitutional justifications for martial law have not been met.

Firstly the Constitution clearly requires that only in 'case of invasion or rebellion, when the public safety requires it' can martial law be declared. I have learned that the declaration was prompted by the police' difficulty in arresting those involved in the Maguindanao massacre, in particular the Ampatuans, a powerful political clan, who have been accused of having involvement in the massacre.

Yet it is unacceptable that, for reasons of certain police difficulties in arresting, detaining and of conducting searches in a certain case, that martial law had to be declared. I believe that these are failures of rudimentary police duties, and should not require such an action.

Although the Maguindanao massacre, which killed 57 people, is a crime and a human rights violation of unprecedented significance in the Philippines, to abandon the principles of legality to resolve it is unacceptable. The fundamental rights of the people of Maguindanao, which covers 36 towns and with a population of over 1 million, should have not been undermined in prosecuting the perpetrators.

Secondly, few hours after the martial law was declared, over 47 or so people, most of them male civilians, were taken in police custody to the provincial police headquarters in Ampatuan, Maguindanao; few informed of the charges laid on them before being detained in police and military custody, and subjected to questioning, without the legal counsel of their choice. A fair trial, equality before the law, and the principles of legality in criminal procedures are fundamental rights that should have been observed, even during martial law.

I therefore urge you to uphold the protection of fundamental of rights by unequivocally and immediately revoking Proclamation 1959. I am deeply concerned that if this does not happen, the police and the military will continue to commit illegal acts and violate fundamental rights with impunity.

Yours sincerely,