Tuesday, November 30, 2010

Justice refiles non-bailable cases against Tan’s brother

Manila Standard Today
November 30, 2010
by Rey E. Requejo

THE Justice Department has decided to pursue qualified trafficking charges against businessman Mariano Tanenglian, his wife and two children, an offense for which no bail is allowed and which carries a life sentence.

The case stems from a complaint filed in 2009 by a former maid, Mary Jane Sollano, who accused Tanenglian, the brother of taipan Lucio Tan, of keeping her against her will, beating her and forcing her to work without pay.

Tanenglian, his wife Aleta and children Fayette and Maximillian also face charges for serious illegal detention and child abuse.

In a resolution dated Nov. 24, Justice Undersecretary Jose Vicente Salazar reversed a review resolution that cleared the Tanenglians of qualified trafficking and serious illegal detention.

“After careful evaluation, we find that there is reasonable ground to believe that respondents, in addition to the charge of child abuse, likewise committed the crime of serious illegal detention and ... qualified trafficking,” Salazar said.

The Tanenglians’ lawyer said the Quezon City Regional Trial Court had already dismissed the very same cases that the new Justice Department resolution now wanted reinstated.

“It does not matter if this is done before or after the arraignment of the accused[,] or that the motion was filed after a reinvestigation or upon instructions of the Secretary of Justice who reviewed the records of the investigation,” Raymundo Quiroz said, quoting a 1987 Supreme Court ruling.

Sollano said she was recruited in Zamboanga del Sur in June 2004, when she was only 13, to work as a domestic in Manila. She said that during her stay with the Tanenglians, she was forced to work from 4 a.m. to midnight without being paid, and that she suffered cruelty and ill treatment at their hands.

The first time she suffered physical abuse from her employers was in July 2004, when she was slapped several times by Aleta for having committed a mistake in her work, she said. After that, she was slapped, kicked, choked or slammed against the wall whenever she made a mistake.

She was also made to undress while the respondents took nude pictures of her and threatened to expose those to the public. She was beaten, chained by her neck until she could hardly breathe, and scalded with hot water when she was caught taking food from the refrigerator.

She was finally able to leave the house five years later, on Aug. 10, 2009, after another maid left and told her father of Sollano’s condition.

The father, who thought Sollano had died, coordinated with the Quezon City police, the Commission on Human Rights and the Department of Social Welfare and Development, to get his daughter back.

A similar complaint was filed by Aljane Bacanto, who had also worked as a domestic for the respondents. She said she was 16 when she started working for the Tanenglians, she was not paid, and she and the other maids were not being fed enough that they were forced to steal food from the dogs. The Tanenglians asked other maids to strip naked and to do their chores without any clothes on.

They were all locked inside the house and were prevented from leaving. Bacanto said she was made to write letters to make it appear that she was in good hands when she was not.

Bacanto was finally freed when she got hold of a cell phone and called her mother, who tried to fetch her from the Tanenglian residence.

She recalled that she was sent one morning to the airport and sent home, and only later did she find out about her mother’s attempt to rescue her.

Bacanto filed charges of ill treatment and serious illegal detention against the Tanenglians.

On Jan. 12, 2010, the investigating prosecutor recommended the Tanenglians’ prosecution for qualified trafficking, serious illegal detention and child abuse, but a review dropped the first two charges before they were restored by the latest Justice Department resolution.

Thursday, November 25, 2010

Anti-smuggling summit

Manila Standard Today
by Manny Palmero
November 25, 2010

Justice Secretary Leila de Lima and chairman Jesus Lim Arranza of the Federation og Philippine Industries firm up a memorandum Of agreement expressing the government-private sector joint effort to stop smuggling. The federation conferred awards for outstanding practices on four companies (lower panel): Sura Sak Kraiwitchaicharoen of Mariwasa Siam Ceramics Inc., Teodorico Funtanar of Taiheiyo Cements Philippines Inc., Delfin de Guzman of Honda Cars Philippines, and Ma. Socorro Prado of Holcim Philippines. They were joined by Ernesto Ordonez, president of Cement Manufacturers Association; George Chua, FPI president and Meneleo J. Carlos Jr., chairman.

Tuesday, November 16, 2010

Nail Torture Shows Maid Abuse in Mideast

Bangkok Post
November 16, 2010

Human Rights Watch Tuesday urged Middle Eastern states to protect migrant workers after two Sri Lankan maids returned from the region with shocking stories of torture by their employers.

The New York-based rights group said accusations by three Sri Lankan maids that they were forced to swallow nails or had nails driven into their bodies highlighted a broad pattern of abuse of migrant domestic workers.

"The wanton brutality alleged in these cases is shocking, but reports of physical abuse, sexual abuse, and labour exploitation such as non-payment of wages are nothing new," said Nisha Varia, HRW's senior women?s rights researcher.

"The governments of Jordan, Kuwait, and Saudi Arabia need to show they take such allegations seriously, and create accessible ways for domestic workers to report abuse as soon as it happens."

In August, a Sri Lankan housemaid gained worldwide attention after she complained that her Saudi employer drove 24 nails into her arms, legs and forehead as punishment.

Most of them were removed by surgeons at Sri Lanka's Kamburupitiya hospital.

The Saudi government and private sector officials in Riyadh have questioned the credibility of the woman's allegations.

Surgeons on Monday removed the last five wire nails from another Sri Lankan housemaid who accused her Kuwaiti employer of hammering 14 nails into her body when she asked for her salary after working for six months.

The authorities in Colombo are investigating another claim from a third Sri Lankan maid in Jordan who has alleged that she was forced to swallow six nails when she demanded her salary.

Sri Lanka's Foreign Employment Bureau chief, Kingsley Ranawaka, said they were awaiting a medical report to decide on action regarding the woman who is said to have been admitted to a hospital in Amman.

Some 1.8 million Sri Lankans are employed abroad, of whom 70 percent are women. Most work as housemaids in the Middle East while smaller numbers work in Singapore and Hong Kong, seeking higher salaries than they would get at home.

http://www.bangkokpost.com/news/asia/206695/nail-torture-shows-maid-abuse-in-mideast-hrw

Thursday, October 28, 2010

Asean ministers meet in Manila to tackle human trafficking

The Philippine Star
October 28, 2010
By Cecille Suerte Felipe

MANILA, Philippines - Ministers of the member states of Association of Southeast Asian Nations (ASEAN) are set to discuss the problems of human trafficking, illegal drugs and terrorism in the region.

Interior and Local Government Secretary Jesse Robredo welcomed his counterparts from the ASEAN yesterday as he stressed the need to strengthen regional cooperation and commitment against these crimes and the other transnational crimes.

Robredo said these issues would be the top agenda of the 10th ASEAN Senior Officials Meeting on Transnational Crime (SOMTC).

“Organized crime groups that are operating across borders are taking advantage of the sophisticated weaponry, modern technologies and telecommunications,” Robredo told the ASEAN delegates during the formal opening ceremony at the Dusit Hotel in Makati City.

Robredo led the Philippine delegation with Undersecretary Rico Puno in the welcoming ceremonies.

Puno, chairman of this year’s SOMTC, explained the ASEAN SOMTC is the operating arm of the ASEAN Ministerial Meeting on Transnational Crime (AMMC), the highest policy-making body on ASEAN cooperation in combating transnational crimes.

The SOMTC is instrumental in realizing the recommendations of the Vientiane Action Plan to develop the ASEAN Convention on Counter Terrorism, which has been signed by all ASEAN member countries.

Robredo, on the other hand, told the ASEAN forum that “the sophistication of crime groups should serve as a challenge for the ASEAN to work more closely together for a more comprehensive regional strategy against transnational crimes.”

“Crimes have evolved and taken many forms and these will continue to be an issue for all of us here,” he said.

Robredo said the Philippines was chosen as the Lead Shepherd for Trafficking in Persons (TIP), which has been in the forefront of regional and local actions against trafficking in persons.

Robredo said human trafficking is a significant issue in the Philippines since 2003, which prompted the government to enact Republic Act 9208 or the Anti-Trafficking in Persons Act.

The law makes us one of the first countries in Asia to have enacted an anti-trafficking legislation, Robredo pointed out.

Robredo told the forum that the DILG had issued several directives to local government units for the strict implementation of RA 9208 and the establishment of the necessary institutional mechanisms for the protection and support of trafficked persons.

He added the National Police Commission also issued guidelines for improving case management and initiating efforts towards addressing the problem of trafficking in persons.

Participants in the high-level ASEAN meet are senior officials from ASEAN member states of Brunei, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Singapore, Philippines, Thailand and Vietnam.

Representatives from international organizations also attended the forum.

“It is my hope that by the time this meeting comes to a close, we will be in a more strategic position to effectively address new and more sophisticated criminal threats, and closer to our goal of a peaceful and stable ASEAN region,” Robredo said.

This developed as the Department of Foreign Affairs (DFA) yesterday said a Filipino was sentenced to death in Indonesia for drug trafficking.

The DFA told presidential adviser on overseas Filipino workers (OFWs) Vice President Jejomar Binay that the Filipino was sentenced to death last Oct. 11 amid the state prosecutor’s petition for a lower sentence of life imprisonment.

The DFA did not identify the Filipino death convict but revealed she was a drug mule caught carrying 2.6 kilograms of heroin at the Audisucipto International Airport in Yogyakarta last April 25.

DFA Undersecretary for Migrant Workers’ Affairs Esteban Conejos Jr. warned that Indonesia and other countries have imposed stiff penalties on illegal drug possession.

“We warn our countrymen from carrying drugs when traveling overseas and especially not to accept packages which they suspect contain drugs, and also to be wary of the modus operandi being used by drug trafficking syndicates. If they are caught, they will face very dire circumstances,” Conejos said.

The DFA said some 112 Filipino migrant workers are now detained in China facing drug-related cases.

As of Oct. 21, 2010, the DFA said there are 76 Filipinos in China who have been convicted and sentenced to death for drug trafficking.

Of the 112 death penalty cases, 16 are OFWs charged for multiple murder/murder, murder with robbery, blasphemy and drug-related case.

The cases of 18 OFWs in Malaysia who were sentenced to death include drug trafficking, robbery with homicide, rape with homicide and murder.

Conejos said there are already 205 Filipinos facing drug trafficking cases abroad.

Meanwhile, the Blas Ople Policy Center, the Cravings Group and Sen. Manuel Villar Jr. yesterday launched a job training scholarship program for victims of illegal recruitment and human trafficking.

Dubbed as the “Skills-Up” program, the project aims to equip victims of illegal recruitment and human trafficking with housekeeping and barista skills to enable them to penetrate the local and overseas job markets.

For its initial phase, the Blas Ople Policy Center has recommended 20 scholars for the training program.

Susan Ople, president of the Blas Ople Policy Center said the 20 scholars, who are victims of human trafficking and illegal recruitment, would undergo a three-month course on hotel housekeeping and barista training for free. – With Pia Lee-Brago, Mike Frialde

Monday, October 18, 2010

Statement Affirming Recent IACAT Anti-Trafficking Efforts

The Philippine Star
October 18, 2010

Human rights agency International Justice Mission (IJM) commends the Philippines Inter-Agency Council Against Trafficking (IACAT) on its recent efforts to fight human trafficking in the Philippines.

When IJM offices in the Philippines began collaborating with local law enforcement to combat the trafficking of children into the sex trade in 2003, results were initially slow in coming due to several factors - including corruption and the low priority placed on the issue. Today, IJM is encouraged that the current administration under President Benigno Aquino III has made rooting out corruption and fighting human trafficking top priorities. To those ends, the administration has taken initial steps to eradicate corruption in its anti-trafficking response, starting with the Bureau of Immigration. Secretary of Justice Leila De Lima has promised to prioritize implementation of Republic Act No. 9208, including revitalizing the critical functions of IACAT in monitoring and coordinating efforts of the justice system to secure justice for victims of trafficking and protection for the vulnerable.

“We encourage the Aquino administration to continue to prioritize anti-trafficking efforts, to boldly push forward with aggressive anti-trafficking law enforcement and prosecution, and take strong and swift action against any corruption encountered,” said IJM Field Offfice Director in Cebu Andrey Sawchenko. "IJM condemns political interference in anti-trafficking prosecutions - particularly involving high-level suspects - as this prevents justice from being achieved for past, present and future victims."

In 2010 - for the second year in a row - the Philippines was placed on the “Tier II Watchlist” of the U.S. Department of State's annual Trafficking in Persons Report, putting $700 million of U.S. foreign aid in jeopardy if no significant improvement is made to meet international anti-trafficking standards. The efforts of IACAT in monitoring and coordinating the government’s response are of utmost importance to protecting society’s most vulnerable members and in enhancing international perception of the Philippines as a place where traffickers cannot get away with selling children.

IJM would be encouraged to see IACAT and its member agencies launch a strong, clear and continuous mandate for aggressive anti-trafficking action through dedicated, funded law enforcement units, and coordination with the Office of the Supreme Court Administrator to fast-track and closely monitor anti-trafficking prosecutions. Such steps would protect those being victimized today and provide a foundation for long-lasting efforts to eradicate human trafficking in the Philippines.

International Justice Mission is an international human rights agency that secures justice for victims of slavery, sexual exploitation and other forms of violent oppression. In the Philippines, IJM works with the Department of Justice, the Department of Social Welfare and Development, and the Philippine National Police and other IACAT member agencies to prosecute traffickers and perpetrators of sexual violence and promote a functioning public justice system.

Friday, August 27, 2010

Nails Removed from tortured Sri Lankan Maid

BBC
August 27, 2010

Doctors have removed 13 nails and five needles from a Sri Lankan housemaid who said her employer in Saudi Arabia hammered them into her body.

LP Ariyawathie, 49, told staff at Kamburupitiya Hospital her employer inflicted the injuries as a punishment.

X-rays showed that there were 24 nails and needles in her body. Doctors said those remaining inside her body posed no immediate threat to her life.

The nails were up to 2in (5cm) long, a hospital official said.

"The surgery is successful and she is recovering now," Dr Satharasinghe said, according to news agency Associated Press.

Ms Ariyawathie, a mother of three, underwent a three-hour procedure.

Doctors said they would carry out further surgery later to remove the remaining nails.

'Deeply traumatised'

Ms Ariyawathie travelled to Saudi Arabia in March to become a housemaid.

Last week, she flew back to Sri Lanka and was admitted to hospital in the south of the island, where she told doctors she had undergone abuse for more than a month.

The doctors found 24 metal pieces in her legs and hands.

She could not sit down or walk properly, doctors said.

They said Ms Ariyawathie was deeply traumatised and unable to give full details of her experience.

Meanwhile, Sri Lankan authorities have launched an investigation.

"We have launched a strong protest with the Saudi government through the external affairs minister, but there has been no response yet," Kingsley Ranawaka, chairman of Bureau for Foreign Employment, told the BBC.

Around 1.8 million Sri Lankans are employed abroad, 70% of whom are women.

Most work as housemaids in the Middle East, while smaller numbers work in Singapore and Hong Kong.

Maids Abuse Case Hits Saudi Arabia

Aljazeera
August 27, 2010

A Sri Lankan woman working as a domestic helper in Saudi Arabia says she has been severely abused for complaining about being overworked.

LT Ariyawathi's Saudi employers reportedly hammered 24 nails and needles into her hands, legs and forehead, which had to be removed later with surgery.

Sri Lanka's government says it will report the incident to Saudi authorities.

Al Jazeera's Laura Kyle reports on a case that rights organisations say is all too common.

Hussein Shobokshi, a columnist for Asharq Al-Awsat, the pan-Arab daily, told Al Jazeera that this "kind of story triggers the talk and debate to improve labour laws in the country.

"It is an issue that has been discussed for quite some time now through the Sharia Council and Human Rights Commission.

"You will soon see the ministry of labour, the Shariah Council and the Human Rights Commission jointly activate important rules and regulations in order to prevent such incidents from occurring again and punishing people who are responsible for it.

"Nowadays you hear the cases being brought to justice, you hear the issues being put out in the media. This is a novelty; it had not been the case in the past."

Sunday, June 27, 2010

Docs remove nails, needles from allegedly abused maid

MSNBC.com
June 27, 2010

COLOMBO, Sri Lanka — Doctors removed 13 nails and five needles from a Sri Lankan maid who says the couple she worked for in Saudi Arabia hammered them into her body.

L.G. Ariyawathi, who was hospitalized with severe pain after returning Saturday from Saudi Arabia, has said the family she worked for punished her by heating the nails and needles before sticking them into her.

X-rays showed that she had 24 nails and needles in her body, said Dr. Keerthi Satharasinghe of Kamburupitiya hospital, about 100 miles from the capital, Colombo.

The nails ranged in length from one to two inches while the needles were about one inch long. They were removed from her legs and forehead.

"The surgery is successful and she is recovering now," Satharasinghe said after the three-hour procedure.

Satharasinghe said Thursday that the woman's initial puncture wounds had healed over, but that Ariyawathi found it difficult to walk because she had two nails in her knee and two in her ankles.

Another needle was in her forehead, and the rest in her hands, he said Thursday.

After her surgery, the doctor said six needles in her hands could not be removed because the operation might damage her nerves and arteries, but that they would not be harmful to her.

'They did not allow me even to rest'
Since being hospitalized, Ariyawathi, 49, has described the alleged abuse carried out by her former employers.

"They did not allow me even to rest. The woman at the house had heated the nails and then the man inserted them into my body," Ariyawathi was quoted as saying by the Lakbima newspaper.

She told the newspaper that she went to Saudi Arabia in March but was paid only two months' salary, with her employer withholding the rest to buy an air ticket to send her home.

Lakshman Yapa Abeywardena, deputy minister of economic development, said in a statement on a government website Thursday that the 24 nails were "inside the body due to torture meted out by her Saudi employer."

Abeywardena said the government would "report about this matter to the Saudi Government and provide her adequate compensation."

Sri Lanka's Foreign Employment Bureau said Ariyawathi had been too afraid to complain about the abuse to Saudi authorities, fearing that her employers might not let her return home.

The bureau is a government agency that oversees the welfare of expatriate workers.

Kingsley Ranawaka, chairman of bureau, told the BBC that the government has " launched a strong protest with the Saudi government through the external affairs minister, but there has been no response yet."

'They have to take action'
Nimal Ranawaka, labor counselor at the Sri Lankan Embassy in Riyadh, said the embassy had requested a meeting with Saudi officials.

"We informed Saudi authorities. They have to take action against the employer," Ranawaka said.

Saudi officials did not respond to requests for comment.

This "kind of story triggers the talk and debate to improve labor laws in the country," Asharq Al-Awsat newspaper columnist Hussein Shobokshi told Al Jazeera. He added that the issue has been a topic of discussion for "quite some time now."

"You will soon see the ministry of labor, the Shariah Council and the Human Rights Commission jointly activate important rules and regulations in order to prevent such incidents from occurring again and punishing people who are responsible for it," the Al Jazeera report quoted Shobokshi as saying.

About 1.5 million Sri Lankans work abroad, many as maids or drivers, to earn more than they can in their own impoverished country. Nearly 400,000 work in Saudi Arabia alone.

http://www.msnbc.msn.com/id/38879983/ns/world_news-south_and_central_asia/

Monday, June 7, 2010

Court issues new arrest warrant vs Tanenglian, family (The Philippine Star)

A Quezon City judge has issued a new warrant of arrest and hold departure order against Mariano Tanenglian and his family due to criminal charges filed against them by a former maid.

Quezon City Regional Trial Court Branch 102 Judge Ma. Lourdes Giron issued a seven-page order after finding probable cause for violation of the Anti-Child Abuse Law (RA 7610) in five cases pending against Mariano, his wife Aleta, and children Fayette and Maximilian.

Giron set bail at P80,000 for each count of the charges against the Tanenglians by their former housemaid, Mary Jane Sollano.

Giron, however, cleared the Tanenglians of charges for alleged violation of the Anti-Trafficking of Persons and for kidnapping and serious illegal detention, both unbailable offenses.

The judge said the complainant was not forced to render service to the accused since the complainant was first recruited by an employment agency and later deployed to the Tanenglian household.

Giron also said there was no illegal detention because it was necessary for the maid to stay at the house of the accused.

Quezon City RTC Branch 94 Judge Roslyn Rabara-Tria also issued a warrant of arrest and directed the issuance of an HDO against the Tanenglians in connection with similar charges filed earlier by Aljane Bacanto, another former maid of the Tanenglians.

The Tanenglians also have pending cases before Branch 94 for nine counts of violating RA 7610, Republic Act 9208 (Anti-Trafficking of Persons Act), kidnapping, and serious illegal detention.

Members of the women’s group Gabriela attended the hearing in a show of support. Lana Linagan, Gabriela secretary general, said they hope the arrest warrants are served to show that justice does not discriminate between the poor and the rich.

The parents of the two maids, who were present at the hearing, said they would pursue the separate cases of their children and would not accept any settlement if any was offered.

Lawyers of both parties declined to comment citing the confidential nature of Family Court proceedings. Both Branch 102 and 94 are Family Courts.


Source:
Jerry Botial, The Philippine Star
June 05, 2010
http://www.philstar.com/Article.aspx?articleId=581383&publicationSubCategoryId=65

Taipan’s brother gets another arrest warrant (Manila Standard Today)

Mariano Tanenglian—-taipan Lucio Tan’s brother—-again faces arrest over criminal charges filed by another former maid.

In an order dated May 18, 2010, Branch 102 Judge Ma. Lourdes Giron of the Quezon City Regional Trial Court also directed the issuance of a hold departure order on him, wife Aleta along with children Fayette and Maximilian for violation on five counts of the Anti-Child Abuse law.

“Allegations in the affidavit of the private complainant would reveal that there is more of an abuse or maltreatment committed by the accused,” the court ruled.

A bail of P80,000 was set for each of the charges filed against the Tanenglians by former maid Mary Jane Sollano for maltreatment.

But Giron has cleared them of violating the Anti-Trafficking of Persons law, and for kidnapping and serious illegal detention which are unbailable.

She found no showing of involuntary servitude because Sillano was recruited by an employment agency which placed her in the Tanenglian household.

Last May 4, QC RTC Branch 94 Judge Roslyn Rabara-Tria issued a warrant of arrest and hold order against the accused on similar charges filed by former maid Aljane Bacanto.

A women’s advocacy group led by Grabriela secretary general Lana Linagan attended Friday’s hearing on the accused’s motion to quash.

“We hope that the warrants of arrest would be eventually served to show that justice does not discriminate between the poor and the rich,” she said, urging lawmakers to pass a measure affording better protection for household service providers.

Also at the hearing were the maids’ parents who vowed to pursue the separate cases of their children and reject any settlement, if offered.

Lawyers of both parties, refused to make any comment, citing the confidentiality of Family Court proceedings.

Complainant Bacanto was represented by counsel Al Parreno with lawyer Jose Flaminiano for the Tanenglians.

In her complaint filed before the Department of Justice, Bacanto said from the time she was hired in May 2006, the accused restricted her to the residence. She was also not given enough food and her salary remained unpaid.

Source:
Roy Pelovello, Manila Standard Today
June 5 - 6, 2010
http://www.manilastandardtoday.com/insideMetro.htm?f=2010/june/5/metro2.isx&d=2010/june/5