Berger couple can't seek money award

CEBU, Philippines - Norwegian Sven Erik Berger and his Filipina wife Karen cannot ask damages in relation to the complaint they filed against the Philippine government, according to Cebu Provincial Prosecutor Jane Pepita Petralba.

Petralba told The FREEMAN that the United Nations Human Rights Council-Office of the High Commissioner in Geneva, Switzerland, where the Berger filed their complaint, is not a tribunal.

Although the council has still jurisdiction over the complaint, it cannot give monetary reward to complainants, Petralba said.  

“Only the tribunal or court can give reward money. In Asian there was no tribunal. You can only find tribunal in Europe,” she said.

She also said the Geneva Convention has nothing to do with issues on violation of human rights since it only deals with matters regarding armed conflict.

In their complaint, the Berger couple said the UN Human Rights Council has jurisdiction over the Philippines since the country is a signatory of the Geneva Convention in the declaration of human rights and treaties.

“Being a signatory, the high commissioner of the Human Rights Council has jurisdiction over the Philippines and congruently the latter has a binding obligation to submit itself to the jurisdiction of the Human Rights Council in Geneva, Switzerland,” complaint reads.

But Petralba explained that the Geneva Convention is not a treaty dealing with human rights.

According to Wikipedia, Geneva Conventions “comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war.”

Two weeks ago, the Berger couple, through lawyers Glen Villariza and Gil Tanyag, filed a complaint for human rights violation against the Philippine government. They asked for $60,000,000 in damages.

The complaint stemmed from the couple’s detention for 16 days at the Cebu Provincial Police Office last year.

“Human rights were violated by the acts of the employees of the Republic of the Philippines by baselessly detaining them for 16 days and that the Philippines is congruently liable to the damaged caused by its employees,” the complaint said.

But Petralba said before filing the complaint before the UN council, the couple should have exhausted all remedies in the country by filing cases in local court. -/LPM  (FREEMAN)