Comments on: Filipino Revolutionary, Cleared of EU “Terrorist” Charge, Arrested in Holland http://dissidentvoice.org/2007/09/filipino-revolutionary-cleared-of-eu-%e2%80%9cterrorist%e2%80%9d-charge-arrested-in-holland/ a radical newsletter in the struggle for peace and social justice Thu, 08 Dec 2011 15:07:30 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: bikolano http://dissidentvoice.org/2007/09/filipino-revolutionary-cleared-of-eu-%e2%80%9cterrorist%e2%80%9d-charge-arrested-in-holland/#comment-5658 bikolano Mon, 10 Sep 2007 16:59:06 +0000 http://www.dissidentvoice.org/2007/09/filipino-revolutionary-cleared-of-eu-%e2%80%9cterrorist%e2%80%9d-charge-arrested-in-holland/#comment-5658 i dont think that denying a prisoner a visit from his wife, denying him of communication and a cardiac drug vital for his survival is a nice picture of leniency and correct posture of the Dutch government when it comes to Human Rights. Let it also be said that the Dutch government tried many a times but failed to throw Sison OUT in connivance of course with the Philippine government. The people who should be given credit why sison and co are still in the netherlands are the memebers of different Solidarity movements and patriotic and internationalist individuals who continously defend the rights and civil liberties of sison and other exiled filipino progressives. Taking also in consideration the effort of Filipinos at home and around the world to contribute financial and material support by contributions vis a vis the frezzing of the "assylum status" benifits bieng given him. 2. There is no exratiditioon treaty between the Philippines and the Dutch government. FREEE JOSE MARIA SISON DEFEND THE RIGHTS OF EXILED FILIPINO PROGRESSIVES STOP THE KILLING OF ACTIVIST IN THE PHILIPPINES OUST THE MURDEROUS AND REPRESSIVE US-ARROYO REGIME www.bayan.ph www.arkibongbayan.com www.bulatlat.com i dont think that denying a prisoner a visit from his wife, denying him of communication and a cardiac drug vital for his survival is a nice picture of leniency and correct posture of the Dutch government when it comes to Human Rights. Let it also be said that the Dutch government tried many a times but failed to throw Sison OUT in connivance of course with the Philippine government. The people who should be given credit why sison and co are still in the netherlands are the memebers of different Solidarity movements and patriotic and internationalist individuals who continously defend the rights and civil liberties of sison and other exiled filipino progressives. Taking also in consideration the effort of Filipinos at home and around the world to contribute financial and material support by contributions vis a vis the frezzing of the “assylum status” benifits bieng given him.

2. There is no exratiditioon treaty between the Philippines and the Dutch government.

FREEE JOSE MARIA SISON
DEFEND THE RIGHTS OF EXILED FILIPINO PROGRESSIVES
STOP THE KILLING OF ACTIVIST IN THE PHILIPPINES
OUST THE MURDEROUS AND REPRESSIVE US-ARROYO REGIME

http://www.bayan.ph
http://www.arkibongbayan.com
http://www.bulatlat.com

]]> By: Michael Kenny http://dissidentvoice.org/2007/09/filipino-revolutionary-cleared-of-eu-%e2%80%9cterrorist%e2%80%9d-charge-arrested-in-holland/#comment-5195 Michael Kenny Mon, 03 Sep 2007 21:52:56 +0000 http://www.dissidentvoice.org/2007/09/filipino-revolutionary-cleared-of-eu-%e2%80%9cterrorist%e2%80%9d-charge-arrested-in-holland/#comment-5195 A few corrections of fact. Professor Sison was not “cleared” of an “EU terrorist charge” because there is no such thing as an “EU terrorist charge”! The EU has no criminal jurisdiction. As you yourself say, the (far from “stunning”!) judgment of the CFI (the court below the Court of Justice of the European Communities, which is more or less a “supreme court”) was an administrative proceeding for the annulment of a Council decision. Similar procedures exist in US law and go back to the dawn of the common law (Certiorari). Equally, as in all non-criminal proceedings, the successful party is normally awarded his costs. That too is standard practice in the US and, indeed, is the very basis of the “contingent fee” system practiced there. Thus the word “even” is absurd. The conduct of the Dutch police is standard police practice in Europe and the reason why Mrs Sison was not allowed to telephone was that, as you say, eight other premises were being raided and Professor Sison was not at home. She was restrained so as not to warn either her husband or the persons residing at the other locations. Do American police telephone in advance to warn everybody that a raid is about to take place? I don’t see the point of Mr Jalandoni’s reference to the fact that Scheveningen prison was used by the Germans during WWII. What did he imagine? That the Germans built new prisons as soon as they arrived and that the Dutch tore them down when they left? Come on! More nonsense: all remand prisoners are held in single-person cells (not “solitary confinement”) for their own comfort and safety (they are, after all, innocent until proven guilty!). Indeed, according to you, the professor is charged with no crime in the Netherlands but is being held, one assumes, pending extradition to the Philippines on a charge of incitement to murder. Here in Europe, Professor Sison enjoys considerably greater human rights protection than he would in, say, the US. The European Convention on Human Rights requires due process and European countries do not extradite people to face charges involving the death penalty. Equally, he cannot be charged with any offence other than the one stated in the extradition request. All that is standard practice and the Phillipine government knew in advance that it was going to have to give those assurances. And, no, they will not break their word because if they did, they would never again be able to extradite anyone from Europe ever again! On the political level, I would guess that the Dutch government would be glad to see the last of Professor Sison, since none of this is Europe’s problem. Moreover, since Europe certainly has no wish to and, as far as I can tell, no intention of following the US on the Iranian guards (or indeed, anything else regarding Iran!), it does no harm to facilitate the US on someone like Professor Sison, where no European interest is at stake. A few corrections of fact. Professor Sison was not “cleared” of an “EU terrorist charge” because there is no such thing as an “EU terrorist charge”! The EU has no criminal jurisdiction. As you yourself say, the (far from “stunning”!) judgment of the CFI (the court below the Court of Justice of the European Communities, which is more or less a “supreme court”) was an administrative proceeding for the annulment of a Council decision. Similar procedures exist in US law and go back to the dawn of the common law (Certiorari). Equally, as in all non-criminal proceedings, the successful party is normally awarded his costs. That too is standard practice in the US and, indeed, is the very basis of the “contingent fee” system practiced there. Thus the word “even” is absurd.

The conduct of the Dutch police is standard police practice in Europe and the reason why Mrs Sison was not allowed to telephone was that, as you say, eight other premises were being raided and Professor Sison was not at home. She was restrained so as not to warn either her husband or the persons residing at the other locations. Do American police telephone in advance to warn everybody that a raid is about to take place?

I don’t see the point of Mr Jalandoni’s reference to the fact that Scheveningen prison was used by the Germans during WWII. What did he imagine? That the Germans built new prisons as soon as they arrived and that the Dutch tore them down when they left? Come on!

More nonsense: all remand prisoners are held in single-person cells (not “solitary confinement”) for their own comfort and safety (they are, after all, innocent until proven guilty!). Indeed, according to you, the professor is charged with no crime in the Netherlands but is being held, one assumes, pending extradition to the Philippines on a charge of incitement to murder.

Here in Europe, Professor Sison enjoys considerably greater human rights protection than he would in, say, the US. The European Convention on Human Rights requires due process and European countries do not extradite people to face charges involving the death penalty. Equally, he cannot be charged with any offence other than the one stated in the extradition request. All that is standard practice and the Phillipine government knew in advance that it was going to have to give those assurances. And, no, they will not break their word because if they did, they would never again be able to extradite anyone from Europe ever again!

On the political level, I would guess that the Dutch government would be glad to see the last of Professor Sison, since none of this is Europe’s problem. Moreover, since Europe certainly has no wish to and, as far as I can tell, no intention of following the US on the Iranian guards (or indeed, anything else regarding Iran!), it does no harm to facilitate the US on someone like Professor Sison, where no European interest is at stake.

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