An Arbitrary Arrest and Arbitrary Detention of Barry Le Roy Doolittle Protest

To: Philippine Government, U.S. Government, and Other World Leaders

U.S. President Barack Obama, The White House, 1600 Pennsylvania Avenue NW, Washington, DC 20500 U.S.A.

U.S. Vice President Joe Biden, The White House, 1600 Pennsylvania Avenue NW, Washington, DC 20501, U.S.A., +001 202-456-1414, FAX:+001 202-456-2461, TTY/TDD Comments:+001 202-456-6213, +001, Visitors Office: 202-456-2121.

U.S. Secretary of State Hillary Clinton, U.S. Department of State, 2201 C Street NW, Washington, DC 20520 U.S.A.

U.S. Senator Barbara Boxer, 112 HART SENATE OFFICE BUILDING, WASHINGTON DC 20510, U.S.A.

U.S. Senator Dianne Feinstein, 331 HART SENATE OFFICE BUILDING, WASHINGTON DC 20510, U.S.A.

US Ambassador to the Philippines Harry Thomas, The U.S. Embassy, 1201 Roxas Boulevard, Manila, Philippines, +(632) 301-2000 Facsimile +(632) 301-2017

U.S. Chief of American Citizen Services-Manila, Michael E. Garrote, The U.S. Embassy, 1201 Roxas Boulevard, Manila, Philippines, +(632) 301-2000 Facsimile +(632) 301-2017 EMAIL: Michael E. Garrote - Chief - ACS"

President of the Republic of The Philippines, Gloria Macapagal-Arroyo, Malacanang Palace, JP Laurel St., San Miguel, Manila, Philippines, Voice: (+632) 564 1451 to 80, Fax: (+632) 742-1641 / 929-3968, Cell#: (+ 63) 919 898 4622 / (+63) 917 839 8462, E-mail: [email protected] / [email protected]

Republic of the Philippines Atty. Agnes Devanadera, Secretary, Department of Justice, Padre Faura St., Manila, Philippines, Direct Line 521-8344; 5213721, Trunkline 523-84-81 loc.214, Fax: (+632) 521-1614 Email: [email protected]

Republic of the Philippines, Chairperson, Commission on Human Rights, Atty. Leila De Lima, SAAC Bldg., UP Complex Commonwealth Avenue, Diliman, Quezon City, Philippines Voice: (+632) 928-5655, 926-6188 Fax: (+632) 929 0102 Email: [email protected]

KARAPATAN (Alliance for the Advancement of Peoples Rights), National Office, 2/F Erythrina Bldg., #1 Maaralin cor Matatag Sts., Brgy. Central, Diliman, Quezon City 1100 Philippines, Voice/Fax: (+632) 435 4146 Email: [email protected]

Commissioner Marcelino C. Libanan, 2nd Floor Bureau of Immigration Bldg., Magallanes Drive, Intramuros, Manila Philippines +(632) 3097753 | +(632) 309-7751/52 (Fax) Email: [email protected]

Associate Commissioner Roy M. Almoro, 2nd Floor Bureau of Immigration Bldg., Magallanes Drive, Intramuros, Manila, Philippines +(632) 338-4536 | +(632) 527-5654 (Fax) Email: [email protected]

Associate Commissioner Enrique B. Galang, Jr., 2nd Floor Bureau of Immigration Bldg., Magallanes Drive, Intramuros, Manila, Philippines +(632) 527-3316 | +(632) 527-5655 (Fax) Email: [email protected]

Amnesty International Secretariat, 1 Easton Street, London, WC1X 0DW, UK, +44-20-74135500, Fax +44-20-79561157

Amnesty International Philippines, 17-B Kasing-kasing Street, Corner K-8th, Kamias, Quezon City 1102, Philippines + (632) 927 9856, Fax +(632) 927 6008, Email: [email protected]

February 18, 2010

We, the undersigned, strongly condemn The Philippine Bureau of Immigration and Officials: Philippine Bureau of Immigration Commissioner Marcelino Libanan, Philippine Bureau of Immigration Associate Commissioner Roy Almoro, and Philippine Bureau of Immigration Associate Commissioner Enrique B. Galang, Jr. and the staff of the Philippine Bureau of Immigration for the illegal and arbitrary arrest and arbitrary detention of Barry Le Roy Doolittle.

Arbitrary arrest and arbitrary detention are the arrest and/or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law. Arbitrarily depriving an individual of their liberty is strictly prohibited by the United Nations' division for human rights. Article 55 of the 2002 Rome Statute of the International Criminal Court declares such a practice by government a major crime. Article 9 of the 1948 Universal Declaration of Human Rights decrees that "no one shall be subjected to arbitrary arrest, detention or exile"; that is, no individual, regardless of circumstances, is to be deprived of their liberty or exiled from their country without having first committed an actual criminal offense against a legal statute, and the government cannot deprive an individual of their liberty without proper due process of law. Such an act violates the due process clause of the Philippine Constitution. It has long been settled that the "due process clause" and the "search and seizure clause" apply to an alien legally admitted into the country.

Barry Le Roy Doolittle is a legal Permanent Resident Immigrant of the Philippines since 1998, 62 years old, deaf, disabled, retired teacher that was born in the United States of America on 12/09/1947. He has NOT committed a crime. Certification from the Philippine National Police and Certification of National Bureau of Investigation document the lack of any criminal record.

We condemn the government for sending the message that Filipino Professional Website Designers are welcome to go abroad to work, but those who teach them to become gainfully employed in their own country will be punished by being unjustly targeted and arrested. When teachers come to stay in the Philippines to serve the poor and the underserved they will be punished.

Barry Le Roy Doolittle left the United States of America and moved to the Philippines because of his love for helping the Philippine people. He first came to the Republic of the Philippines in 1987 with a 9(a) visa. During 1996 through 1998 he taught at AMA Computer Learning Center (ACLC). In February 1997 Barry Le Roy Doolittle was granted Permanent Residency with one-year probationary period. Barry Le Roy Doolittle was issued Alien Certificate of Registration (ACR) number E119318. On March 20, 1998 the probation was removed and Barry Le Roy Doolittle was issued Permanent Immigrant Certificate of Residence (ICR) number 324779.

This illegally arrested and detained Immigrant teacher, Barry Le Roy Doolittle, has given his labor and money to help the Philippine people. Barry Le Roy Doolittle's life mission has been directed to helping young people of the Philippines since he arrived here in 1987. He came from a poor rural farm life in South Dakota, USA. By God's Grace he has lead a successful life. Early in his life he determined to pass on as much of his experience and knowledge as he could to the Philippine people. From 1999, until Barry Le Roy Doolittle was detained, on April 4, 2008, He instructed many students online and in person for Internet web site development using HTML for free (no cost training). Barry Le Roy Doolittle not only provided free training but also provided travel money and food if the students needed it. Barry Le Roy Doolittle provided low cost computers to students with special needs at his personal expense. He coordinated with many independently owned Internet website businesses. This provided his students with experience in the creation of Internet websites for real businesses.

Barry Le Roy Doolittle was arrested on the strength of a mission order issued by Immigration Commissioner Marcelino Libanan on April 4, 2008 and detained in the Bureau of Immigration Detention Center that evening. There was no final order of deportation, on April 4, 2008, for the purpose of deportation for Barry Le Roy Doolittle. Still, as of today, there is no Final Order of Deportation for Barry Le Roy Doolittle as there has been no hearing.

The Supreme Court of the Philippines also en banc reiterated that "A warrant of arrest issued by the Commissioner of Immigration, to be valid, must be for the sole purpose of executing a final order of deportation. A warrant of arrest issued by the Commissioner of immigration for purposes of investigation only is null and void for being unconstitutional." (See Gatchalian v. Hon. De la Rosa).

Barry Le Roy Doolittle has been unable to secure a hearing with the Philippine Bureau of Immigration for over twenty-two (22) months. Barry Le Roy Doolittle's repeated attempts to contact the Bureau of Immigration and any of its staff remain unanswered.

WRITTEN REPLIES BY THE GOVERNMENT OF THE PHILIPPINES CONCERNING THE LIST OF ISSUES...UNITED NATIONS - Tenth session, 20 April - 1 May 2009. The Philippine government stated: The Immigration Commissioner cannot be allowed to circumvent the law by the mere expediency of re-naming the order of arrest as a simple "mission order" for the purpose of bringing a subject foreigner to the immigration authorities for preliminary investigation. It had also been consistently ruled by the Supreme Court, i.e., Court of Appeals, that a mission order under the guise of a warrant of arrest issued by the Immigration Commissioner only for purposes of investigation is null and void for being unconstitutional [Cf: Rossi et al. vs. Board of Commissioners (G.R. No.27853, 28 May 1992), Qua Chee Gan vs. Deportation Board (9 SCRA 27) Ng Hua To vs. Galang (10 SCRA 411), Board of Commissioners vs. De la Rosa (197 SCRA 853)].

We are deeply concerned for the safety of this Professional who has committed his life to serve the underserved in the Philippines. We are equally concerned that it is our tax dollars that are being sent to finance the Philippine government and its on-going operations that are clear violations of basic human rights.

We support the following demands so that he can immediately return to his family and the communities that he serves without further violations of his human rights.

1. The immediate release of Barry Le Roy Doolittle who is illegally arrested and illegally detained at the Bureau of Immigration Detention Center, Camp Bagong Diwa, Lower Bicutan, Baranguy Bagumbayan,
Taguig City, Metro Manila, Philippines.

2. The government must ensure the safety of Barry Le Roy Doolittle and that he is not harmed; his belongings be returned immediately to him.

3. The immediate formation of an independent fact-finding and investigation team composed of representatives from human rights groups, the Church, local government, and the Commission on Human Rights that will investigate the illegal arrest of Barry Le Roy Doolittle.

4. The Philippine Bureau of Immigration to stop its disregard of the Philippine 1987 Constitution and repeated decisions of the Philippine Supreme Court by committing such acts of arbitrarily detention. This act is so totally against civilized societies' understanding of moral human rights that every civilized nation has prohibited it by law throughout history, including The Republic of The Philippines. Arbitrarily detention is an act expected of criminals, such as kidnappers and terrorists, but not of government officials.

5. The Philippine Government to be reminded that it is a signatory to the Universal Declaration of Human Rights and that it is also a party to all the major Human Rights instruments, thus it is bound to observe all of these instruments provisions.

6. The immediate withdrawal of US aid to the Philippine government that continues to perpetrate violations of human and civil rights.

Barry Le Roy Doolittle states: "I have six children, three of which are Philippine citizens, and four grandchildren. I want to be part of their lives. I have a God given mission to help the Philippine people to become financially independent. I have been blessed with talents in creating and instructing in computer training with a strong desire to pass that skill to others. I cannot do these things while I am detained in the Detention Center."

Barry Le Roy Doolittle also states: "Because of stress, inactivity, detention, and old age I fear my failing health will take my life early. I pray that you and people you know will take action to cause my release from the Bureau of Immigration Detention Center and put a stop to this lawlessness."