Gov’t to assist Pinoys arrested in Sabah

MANILA, Philippines - The government will assist Filipinos arrested and reportedly maltreated in Sabah amid the gun battle between Malaysian security forces and the followers of the sultanate of Sulu laying claim to the region, Justice Secretary Leila de Lima said yesterday.

“Legal assistance can or should, of course, be provided to those in need thereof,” De Lima told The STAR.

De Lima revealed that such assistance would be coursed through the Department of Foreign Affairs (DFA).

She explained the role of the DOJ “depends on who are allowed to practice law or render legal assistance under Malaysian law.”

De Lima also bared the government, through the Commission on Human Rights (CHR), would look into the reported maltreatment of the evacuees by Malaysian authorities.

“Our CHR may coordinate or seek the assistance of its counterpart (the Malaysian human rights commission) in looking into those reported cases of alleged human rights violation,” she said.

De Lima said President Aquino is taking these steps in response to a request of the 31 evacuees who were able to leave Sabah for legal assistance to their relatives who were barred by Malaysian authorities from returning to the country.

The request was first submitted to the office of chief public attorney Persida Acosta, who referred it to De Lima and Foreign Affairs Secretary Albert del Rosario.

The evacuees were assisted by Princess Carolyn Kiram, daughter of Sultan Jamalul Kiram III of the Sultanate of Sulu and North Borneo in seeking government’s help.

They said they were among the 523 Filipino evacuees that arrived in Bongao, Tawi-Tawi last March 12 after leaving Sandakan, Sabah last March 8 via Taganak, Turtle Islands.

They said their relatives were detained by Malaysian authorities in Sandakan.

“Some of our relatives who were not able to board the motorized launch that brought us to Taganak, Turtle Island, Tawi-Tawi to avoid it being overloaded, were arrested by Malaysian authorities. The Philippine passports or travel documents as presented by some of them to the Malaysian authorities upon their arrest at the Sandakan wharf were instantly (ripped)... by said Malaysian authorities, that until now we received no news about their situation,” the evacuees said in a handwritten letter to the Public Attorney’s Office on March 13.

“We are asking for your assistance with the hope that those who were willing and eager to return to the Philippines without Philippine passports or travel documents but arrested by Malaysian authorities, or are still staying at the Malaysian deportation jails, will be released and deported immediately to the Philippines, as we fear that they might suffer more from the maltreatment or abuses,” they said.

Acosta, in a letter last March 14, endorsed the request to the DFA and DOJ.

Former DFA undersecretary Lauro Baja Jr., on the other hand, said Malaysia’s rejection of the Philippine government’s appeal for full access to Filipinos detained in Sabah is a violation of the Vienna Convention on Consular Relations.

Baja, former foreign affairs undersecretary for policy and permanent representative to the United Nations, described as “tragic” the Malaysian treatment of the Philippines.

“Malaysia violates the Vienna Convention on Consular Relations by this rejection,” Baja told The STAR.

“So tragic the way Malaysia treats the Philippines. We are supposed to be friendly neighbors, charter members of ASEAN, and responsible members of the United Nations,” he said.

The DFA said the Philippines does not know the number of Filipino casualties in Sabah since the Philippine government has not been granted full access to Filipinos there.

DFA spokesman Raul Hernandez said the Philippine team in Sabah has not seen bodies of slain Filipinos because they were not allowed to go inside the conflict areas in Lahad Datu.

Hernandez said Del Rosario has been coordinating with Malaysian Foreign Minister Datuk Seri Anifah Aman and Malaysian Ambassador Mohammad Zamri bin Mohammad Kassim for the repatriation of Filipinos killed in Sabah.

“Regarding full access to Filipinos under the custody of the Malaysians, we continue to insist this entitlement under the Vienna Convention on Consular Relations for us to be able to find out the condition of our people there and to extend appropriate assistance to them,” Hernandez said.

The Philippine team in Sabah continues to go around to provide food and find out what the Filipinos need.

More evacuees expected

Acosta, meanwhile, said the 38 members of the force of Kiram who were arrested and detained by the Navy are qualified to post bail on the charges of inciting a war, illegal possession of firearms and violation of election gun ban lodged against them.

Acosta led a team that flew to Tawi-Tawi to render legal assistance to the 38 persons who were intercepted by the Navy upon entering the country from Sabah last week.

Acosta said all the three cases filed against them are bailable offenses.

She said she was assured that they would face the charges and would not escape.

The 38, including a woman serving as their cook, are detained at the multi-purpose hall of Naval Task Force 62 and heavily guarded by Marines and policemen.

Local officials in Tawi-Tawi are expecting an influx of evacuees from Sabah.

Hania Aliakbar, provincial director of the Department of Social Welfare and Development in Tawi-Tawi, said the prevailing crackdown by Malaysian authorities on illegal migrants in Sabah would trigger an exodus of Filipinos.

Aliakbar said some 52 evacuees, mostly women and children, arrived in Bongao from Sandakan, Malaysia early yesterday.

She said another batch of refugees are expected today, apart from a group arriving from Taganak Island.

On Sunday, 30 evacuees who left Sabah for Taganak Island on a Navy gunboat arrived in Tawi-Tawi, bringing the total number of Filipinos fleeing Sabah to 2,719. – With Pia Lee-Brago, Jaime Laude, Alexis Romero