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1.

) Why the criminal prosecution against Former President Arroyo is considered a violation of her
Human Rights?

The criminal prosecution against Former President Arroyo is a violation of her Human Rights
because her criminal prosecutions are politically motivated and persecutory in nature, thus constituting
discrimination on the grounds of Ms. Arroyo’s “political and other opinions”, and violating her right to
equal protection of the law and her right to a fair trial under the International Covenant on Civil and
Political Rights.

2.) When can we say that a detention of a person is caused by his or her “political or other
opinions”?

President Arroyo was subject to prolonged detention because of her “political or other opinions” that
made her detention arbitrary. A detention is caused by a person’s “political or other opinions” when the
deprivation of his liberty results from his exercise of the rights or freedoms guaranteed by the Universal
Declaration of Human Rights and the International Covenant on Civil and Political Rights. Detention
caused by a person’s “political or other opinions” also applies when the deprivation of liberty constitutes
a violation of international law for reasons of discrimination based on birth, national, ethnic or social
origin; language; religion; economic condition; political or other opinion; gender; sexual orientation; or
disability or other status and which aims towards or can result in ignoring the equality of human rights.

3.) Why is it important that the Philippine Government should honor these rights that alleged to be
violated?

The Philippines is a party to the International Covenant on Civil and Political Rights.

4.) What is the effect of the arbitrary detention of Former President Arroyo?

Former President Arroyo has been subjected to the detention as a result of the exercise of her right to
take part in government and the conduct of public affairs. As result of her ongoing detention, Ms.
Arroyo has been effectively barred from serving in her current role as an elected member of the
Philippines House of Representatives, a violation of her right under Article 21, paragraph 1 of the UDHR
which states that “Everyone has the right to take part in the government of his country, directly or through
freely chosen representatives.” And paragraph 2 “Everyone has the right of equal access to public service
in his country”.

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