CCPR/C/128/D/2568/2015
of forced eviction; torture and cruel, inhuman or
degrading treatment or punishment
Articles of the Covenant:
2 (3), 6, 7 and 17
Articles of the Optional Protocol:
2 and 5 (2) (b)
1.
The authors of the communication,1 D.G., D.G., E.B., M.A., L.L., R.G., E.M., V.H.,
M.C., E.P., M.C., W.D., J.D., J.B., L.C.F., N.L.V., E.S., E.B., A.P., M.P., R.R., J.B., M.B.,
L.G., V.C., A.C., A.M., S.Y., J.Y., G.A., C.A.S., A.V.M., T.B., A.B., G.A., I.A., M.S.,
G.A., F.D., M.C., I.G., R.P., J.E., R.E., P.A., A.O., M.A.O., C.A., G.S., R.M., M.A., A.B.,
C.E., A.C., D.C., A.B., R.B., C.B., D.L., A.V., M.I.G., C.B., S.B., R.G.B., C.M., J.J., G.G.,
F.A., L.G., G.R., P.P., S.B., J.P., R.V., A.B., G.L. (on behalf of her deceased son, A.L.),
M.H. (on behalf of her deceased husband, A.H.), A.H., D.A., T.A., A.G., N.D., F.P., P.P.,
J.P., C.S., J.A., P.R., S.C., P.P., G.Q., M.M., S.B., A.G., P.J.G., N.S., N.S., K.A., J.V.J.,
R.G. and A.B., dated 25 March 2013, claim that the State party has violated their rights
under articles 2 (3), 7 and 17 of the Covenant. 2 The authors M.H. (on behalf of her
deceased husband A.H.) and G.L. (on behalf of her deceased son A.L.) also claim
violations of article 6 of the Covenant. The authors R.V. and A.B. claim to be facing
fabricated criminal charges for purported multiple murder because of their role and support
in the fight against forced evictions and demolition in Metropolitan Manila. 3 The Optional
Protocol entered into force for the Philippines on 22 August 1989. The authors are
represented by counsel.4
The facts as submitted by the authors
2.1
In the communication, the authors denounce the forced eviction that took place on
11 January 2012 at Barangay Corazon de Jesus, San Juan City, Philippines. The authors
submit that the eviction, which was accompanied by violence and the harassment of leaders
from the evicted community, was carried out in order to allow for the construction of a city
hall and commercial structures.
2.2
The authors maintain that the property concerned had historically been public land
that was considered as a safe area.5 On 6 October 1987, then-President of the Philippines,
Corazon Aquino, issued proclamation No. 164, which excluded certain parcels of land from
additional development, because they had been used for residential purposes since the
1
2
3
4
5
2
Additional authors, O.A., J.B., W.C., D.P. and J.A., were named in the original list of authors, but no
power of attorney was provided for them. In response to the question regarding the issue of
representation posed in the contact letter dated 8 March 2014 from the Committee, Mr. Thiele
requested on 17 June 2014 that those names be removed from among the authors of the
communication, unless received the powers of attorney. The authors A.H., D.A., T.A., A.G., N.D.,
F.P., P.P., J.P., C.S., J.A., P.R., S.C., P.P., G.Q., M.M., S.B., A.G., P.J.G., N.S., N.S., K.A., J.V.J.,
R.G. and A.B. were added to the list of authors contained in the most recent submissions from
counsel, dated 22 May 2014 and 12 January 2015. Powers of attorney and relevant facts were
provided for each of the new authors.
The initial submission was received on 25 March 2013. The Secretariat sent a contact letter to counsel,
which responded with the missing power of attorney forms on 17 September 2013. On 18 September
2013, the Secretariat sent an additional contact letter requesting copies of court decisions and
additional information. Counsel responded on 3 December 2013. On 8 April 2014, the Secretariat sent
another contact letter, to which counsel responded on 22 May 2014. In the latter submission, counsel
provided information specifying which alleged violations of the Covenant pertained to which authors
and indicating that each incident involved a violation of articles 7 and 17. F.A., P.P., S.B. and J.P. did
not appear in that list provided by counsel. In the power of attorney form attached to the letter from
counsel dated 12 March 2013, they complained about a series of forced evictions, demolitions of their
homes and the deprivation of their livelihoods. R.V. and A.B. do not appear on the list either, given
that they are human rights activists facing fabricated criminal charges.
R.V. and A.B. did not invoke the specific articles of the Covenant that were alleged to have been
violated.
Bret G. Thiele (Global Initiative for Economic, Social and Cultural Rights), Lauren Carasik
(International Human Rights Clinic at Western New England University School of Law) and Melona
R. Daclan (Defend Job Philippines).
The authors do not provide further information on what is considered a “safe area”.