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Mindanao People Caucus Door 9, 10, & 11 First Floor Alexian Brothers, McArthur Highway Matina, Davao City,

Philippines http://www.mpc.org.ph

January 16, 2012

MINDANAO PEOPLES CAUCUS STATEMENT OF SOLIDARITY AND SUPPORT FOR DETAINED HUMAN RIGHTS DEFENDER COCOY TULAWIE

Temogen Cocoy Tulawie was arrested last January 14, 2012 by operatives of the Philippine National Police Special Action Force (PNP-SAF) and Military Intelligence Group Region 9. For the arresting team, and most of the people who have read and saw the news about his arrest, Cocoy is just another fugitive of the law a man wanted for charges of multiple attempted and frustrated murder in connection to a bombing incident in Sulu that occurred in May 2009 which injured 12 people including Sulu Governor Abdusakur Tan. At least this is what the political warlords and political opponents of Cocoy the likes of Gov. Tan in Sulu want the public to believe. But who is Temogen Tulawie and what is the real reason for his arrest? Temogen or Cocoy as he is known among friends and colleagues is a staunch advocate and defender of human rights. He is now facing trumped-up charges which we feel is brought about by his outspoken opposition to Gov. Tan and his policies which violates human rights and breeds a culture of impunity in the island province of Sulu. Some examples of Cocoys principled stand on issues include his opposition to the plan to impose an ID system in Sulu which earned him the ire of Gov. Tan. The move was prevented by Cocoy and other civil society groups in Sulu, but if it was implemented the ID system could have curtailed civil

liberties, legitimized warrantless search and arrest, and institutionalized discriminatory religious profiling all under the guise of the war against terror. Another instance is when Cocoy organized fact-finding missions which exposed Gov. Tans culpability by virtue of omission in relation to the rise of cases of gang rapes and sexual violence against women in Sulu. Victims who were interviewed all pointed to the sons of political warlords and members of the Civilian Emergency Forces as the perpetrators for the heinous acts. And yet justice was not served because the perpetrators are people connected to or are working for Gov. Tan. The fact is Gov. Tan was only able to file a case against Cocoy by using false testimonies of arrested individuals who later on issued a retraction admitting that they were forced by the State Prosecutor and other police officials in Sulu to implicate Cocoy as the mastermind to the bombing. One of these individual, a certain Sulayman Muin was even killed under mysterious circumstances while under the custody of policemen in Sulu and after sending feelers to Cocoys lawyer and family that he would also retract his statement that implicates Cocoy to the crime. It was never the intent of Cocoy to live the life of a fugitive, truth be told when the charges was filed against him Cocoy tried to exhaust every available judicial remedy because he fully believed that the system will work and that no amount of money or political power can corrupt our institutions of justice. But unfortunately, this was not the case and because of this he was forced into hiding. Last June 13, 2011 Cocoys hope for a fair trial saw light when the Supreme Court of the Philippines granted his petition to transfer the venue of his trial to Davao City instead of Jolo, Sulu. The Supreme Court also instructed the Regional Trial Court in Sulu to transfer all the documents pertaining to Cocoys case to the Court in Davao. Yet despite of this order Judge BetleeTan Baraquisas in Sulu did not bother to implement the instruction of the Supreme Court and instead what he did was to certify the warrant of arrest against Cocoy which was issued last 2009. But despite of everything Cocoy never lose faith in the system. He still fully believes that given the chance of a fair trial he will be able to prove his innocence and clear his name. It is in this context that we ask Judge Pelagio Paguican of the Davao Regional Trial Court to issue a commitment order and

immediately initiate the process for a fair, impartial and speedy disposition of Cocoys case. Lastly we would like to reiterate that Cocoy is a prisoner of conscience and not an ordinary criminal contrary to what Gov. Tan portrays of him. If Cocoy did indeed commit a crime we believe it to be none other than his braveness in speaking up against repression and tyranny. If Cocoy had a flaw then it is none other than the fact that he would never be cowed into submission nor silenced by threats, and for this steadfast conviction Cocoy is now imprisoned and is being unjustly persecuted. We call on civil society to join in solidarity and support for Cocoy. Let our voices be heard and let us send a clear and strong message to Gov. Tan and others like him. We are not afraid and we will overcome. In the end tyrants have no place but the dungheap of history while men of principles like Cocoy will live on in the fervor of our hearts and in the strength of our resolve to speak, act, and work for change wherever and whenever violations of human rights and human dignity exist.

Justice for Cocoy Justice for All! Free Cocoy Tulawie and all Prisoners of Conscience! End Tyranny and Oppression in Sulu; Uphold Peace, Justice, and Human Rights!

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