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R E S O L U T I O N
CHR (IV) No. A2008-035
(Click here for PDF)
STRONGLY CONDEMNING THE ENFORCED DISAPPEARANCE OF JAMES BALAO, CONTINUING THE INVESTIGATION THROUGH THE CAR REGIONAL OFFICE, AND REQUESTING THE AFP AND PNP FOR ASSISTANCE
WHEREAS, it is the declared policy of the State to value the dignity of every human person and guarantee full respect for human rights;
WHEREAS, the Bill of Rights provides that no person shall be deprived of life, liberty, or property without due process of law;
WHEREAS, the Philippines is a party-signatory to, and has ratified, the International Covenant on Civil and Political Rights, which recognizes the right of everyone to liberty and security of person and not to be deprived of liberty except on such grounds and in accordance with such procedure as are established by law;
WHEREAS, it is a felony for any public officer or employee to detain a person without legal grounds, or for any private individual to detain another or in any other manner deprive him of his liberty;
WHEREAS, James Balao, 47, single, is a founding member of the Cordillera People's Alliance, and allegedly listed in AFP documents as the head of the Education Bureau in the Ilocos and Cordillera Regions of the Communist Party of the Philippines;
WHEREAS, sometime in June 2008, James Balao and his family are alleged to have been under regular surveillance by unidentified persons;
WHEREAS, on 17 September 2008, at around 7am, James Balao left Baguio City for the family residence in La Trinidad, Benguet, and has reportedly not been seen or heard from since.
NOW WHEREFORE, the Commission on Human Rights, pursuant to its constitutional mandate to investigate all forms of human rights violations involving civil and political rights and to request the assistance of any department, bureau, office, or agency in the performance of its functions, resolves, as it is hereby RESOLVED, to strongly condemn the enforced disappearance of James Balao.
RESOLVED FURTHER, to continue its investigation and monitor developments surrounding the enforced disappearance of James Balao, through its Regional Office in the Cordillera Administrative Region.
RESOLVED FURTHERMORE, to request the Philippine National Police to assist the Commission in the investigation of the enforced disappearance of James Balao, and the Armed Forces of the Philippines to provide further assistance in the efforts to locate James Balao.
RESOLVED FINALLY, to hold a dialogue with top officials of the Philippine National Police and Armed Forces of the Philippines regarding the enforced disappearance of James Balao and other persons allegedly members of the Communist Party of the Philippines.
SO RESOLVED.
Done this 10 th day of October 2008 at Quezon City , Philippines.
LEILA M. DE LIMA
Chairperson
(ON OFFICIAL TRAVEL ABROAD) CECILIA RACHEL V. QUISUMBING |
MA. VICTORIA V. CARDONA |
NORBERTO DELA CRUZ
Commissioner
ATTESTED BY:
MARIA ASUNCION I. MARIANO-MARAVILLA
Commission Secretary