Who is lying?

May 26, 2019 (Sunday) Carmen N. Pedrosa

I was more surprised than most about a Rappler story on George and Amal Clooney supporting Maria Ressa even if it had to contradict its own decision.

How Amal Clooney, then Amal Alammudin came to defend GMA in the International Court of Human Rights is in itself unbelievable. story. I became involved in it accidentally. As I told former President Arroyo now Speaker Arroyo, I was with her mother, Baria Alammudin editor of Foreign Affairs of Al Hayat to deliver her laundry to her Knightsbridge flat when I met her

I got a phone call from her many weeks after and said she was on her way to Singapore to speak at the Singapore University but she would pass by Manila if I could arrange a visit to GMA in the Veterans Hospital where she was imprisoned without bail. I agreed to find a way. She would not stay in a hotel but I told her not to worry because there is a room in my house which her mother also used when she visits Manila. She has interviewed every President but I did not even bother to help her get an interview with Noynoy Aquino. I gave her very specific instructions on what we would do to get into the jail of GMA. I would give my ID and write my name as a visitor but she was not to stop to wait for me but go straight ahead. I think the guards thought she looked too foreigner nothing to worry about. 

Inside while she and GMA discussed her case and what Amal would do she had to open her radio full blast so the conversation would not be heard. With only one night to stay in Manila I brought her around parties I was invited to and even gave a dinner in her honor. I was more interested in the South China Sea dispute which is also an expertise of her law firm, Doughty Chambers with some of the brightest solicitors in their firm.

When Amal takes up a case, she never lets go until its is done and won. The courtship between her and George was early days.

Here is the case filed by Amal with GMA’s Philippine lawyers. This was emailed to me by Atty Larry Gadon.

“Gloria Macapagal-Arroyo was President of the Republic of the Philippines for nine years, until 2010. She is currently an elected member of the Philippine House of Representatives.

Mrs Arroyo has spent over three years in detention as a result of unproved and politically motivated criminal charges and without any conviction having been entered against her. During this period, the Philippine Government has failed to protect, respect and fulfill her rights under international human rights law, including the International Convention on Civil and Political Rights (“ICCPR”).

Philippine law precludes the courts from considering a range of factors that must under international human rights law be taken into account in deciding whether pre-trial detention is necessary. Because she has been charged with an offence (plunder) that carries the maximum sentence of life imprisonment, Philippine law requires that a court must automatically deny bail if there is strong evidence of guilt. The court cannot – and did not, in her case – consider whether there is a risk of flight, evidence-tampering or re-offending, even though international human rights law requires detention on remand to be justified on such grounds if it is to be imposed. In denying bail to Mrs Arroyo on this automatic basis, the Phillipines court also failed to give any consideration to the possibility of applying less intrusive alternatives to pre-trial detention, even though this is required under international human rights law. The Philippine court failed to even rule on Mrs Arroyo’s bail for over a year, even though international human rights law requires courts to do so within hours or days of arrest. There has also been an unacceptably long delay in bringing Mrs Arroyo before a judge following her arrest and in bringing her to trial. Accordingly, Mrs Arroyo’s right to liberty under Article 9 of the ICCPR has been violated.

Mrs Arroyo’s treatment by the Philippine authorities also discloses a violation of her right to a fair trial under Article 14 of the ICCPR. The criminal prosecutions against Mrs Arroyo are politically motivated and persecutory in nature. The presumption of innocence was also violated when public officials made inappropriate comments suggesting Mrs Arroyo’s guilt before and during her trial. And the authorities failed to conclude the trial against her within a reasonable time, as required by Article 14.

Throughout her detention, Mrs Arroyo has also been barred from accessing any means of communication, including internet access, a mobile phone or a laptop computer. These unduly restrictive conditions of detention breach Mrs Arroyo’s right to seek, receive and impart information under Article 19 of the ICCPR and preclude her from performing her role as a democratically elected representative of the Filipino People and from taking part in the conduct of public affairs as she is entitled to do under Article 25 of the ICCPR.

Mrs Arroyo’s case was filed before UN human rights body in Geneva by her international counsel, Amal Clooney and Katherine O’Byrne of Doughty Street Chambers. The UN will communicate Mrs Arroyo’s case to the government of the Philippines and the authorities will be given an opportunity to respond. It is hoped that the UN can intervene on an urgent basis, given the long period she has already spent in detention and in light of her deteriorating health and need for specialist medical treatment abroad.”

She will have the opportunity to rehabilitate her reputation as a person and politician in her post as Speaker of the House of Representatives in a stunning comeback. This column wishes her well in her stewardship of Congress and help President Duterte with his program of change with a new constitution for a federalist government.

At first I was not sure I could get the envelope with GMA’s pleading to Amal. She did not know that I had been invited to the wedding reception for the friends of Amal’s family and the guests crowded the couple making sure they could at least get a handshake from the handsome Hollywood actor. It was impossible for me to push in until I saw Baria her mother who was a good friend. I told her of my problem and she said “bring the envelope to my room” which was a few rooms from hers. That was how I got the envelope addressed to Amal’s law firm Doughty Street Chambers.

When Rappler published the decision I thought another fake news. But it was a video tape and George Clooney ‘s voice authenticated his support for Mari Ressa supporting Maria Ressa. It was not fake news after all it was George Clooney contradicting the UN Court of Human Rights. What is happening?