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Mindanao People Caucus

Door 9, 10, & 11 First Floor Alexian Brothers,McArthur Highway Matina, Davao City, Philippineshttp://www.mpc.org.ph

January 16, 2012

MINDANAO PEOPLES CAUCUS STATEMENT OF SOLIDARITYAND 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 MilitaryIntelligence Group Region 9.For the arresting team, and most of the people who have read and saw thenews about his arrest, Cocoy is just another fugitive of the law – a manwanted for charges of multiple attempted and frustrated murder inconnection to a bombing incident in Sulu that occurred in May 2009 whichinjured 12 people including Sulu Governor Abdusakur Tan.At least this is what the political warlords and political opponents of Cocoythe likes of Gov. Tan in Sulu want the public to believe. But who is TemogenTulawie and what is the real reason for his arrest?Temogen or Cocoy as he is known among friends and colleagues is a staunchadvocate and defender of human rights. He is now facing trumped-upcharges 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 Cocoy’s principled stand on issues include his oppositionto 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 inSulu, but if it was implemented the ID system could have curtailed civil

liberties, legitimized warrantless search and arrest, and institutionalizeddiscriminatory religious profiling all under the guise of the “war againstterror”. Another instance is when Cocoy organized fact-finding missionswhich exposed Gov. Tan’s culpability by virtue of omission in relation to therise of cases of gang rapes and sexual violence against women in Sulu.Victims who were interviewed all pointed to the sons of political warlords andmembers of the Civilian Emergency Forces as the perpetrators for theheinous acts. And yet justice was not served because the perpetrators arepeople connected to or are working for Gov. Tan.The fact is Gov. Tan was only able to file a case against Cocoy by using falsetestimonies of arrested individuals who later on issued a retraction admittingthat they were forced by the State Prosecutor and other police officials inSulu to implicate Cocoy as the mastermind to the bombing. One of theseindividual, a certain Sulayman Muin was even killed under mysteriouscircumstances while under the custody of policemen in Sulu and aftersending feelers to Cocoy’s lawyer and family that he would also retract hisstatement that implicates Cocoy to the crime.It was never the intent of Cocoy to live the life of a fugitive, truth be toldwhen the charges was filed against him Cocoy tried to exhaust everyavailable judicial remedy because he fully believed that the system will workand that no amount of money or political power can corrupt our institutionsof justice. But unfortunately, this was not the case and because of this hewas forced into hiding.Last June 13, 2011 Cocoy’s hope for a fair trial saw light when the SupremeCourt of the Philippines granted his petition to transfer the venue of his trialto Davao City instead of Jolo, Sulu. The Supreme Court also instructed theRegional Trial Court in Sulu to transfer all the documents pertaining toCocoy’s case to the Court in Davao. Yet despite of this order Judge Betlee-Tan Baraquisas in Sulu did not bother to implement the instruction of theSupreme Court and instead what he did was to certify the warrant of arrestagainst Cocoy which was issued last 2009.But despite of everything Cocoy never lose faith in the system. He still fullybelieves that given the chance of a fair trial he will be able to prove hisinnocence and clear his name. It is in this context that we ask Judge PelagioPaguican of the Davao Regional Trial Court to issue a commitment order and