A/HRC/57/60
20.
Philippines
148. The cases of the Karapatan Alliance of People’s Rights, a national alliance of
human rights organizations, its Secretary General,154 Ms. Cristina Palabay, and its staff have
been included since 2018 in the reports of the Secretary-General on allegations of red-tagging
– i.e. the labelling as communists or terrorists – state-linked cyber-attacks, arbitrary arrests
and charges in connection with their engagement with the United Nations.155 On 2 March
2023, Ms. Palabay and other Karapatan staff were acquitted of perjury charges levelled
against them in 2019.156
149. According to information received by OHCHR, on 17 November 2023, the judge
presiding over the Quezon City Regional Trial Court Branch dismissed the petition for
certiorari filed by the Prosecutor Office of Quezon City seeking to overturn the acquittal of
the Karapatan Alliance, Ms. Palabay and its staff. On 14 December 2023, the General
Prosecutor filed a motion for reconsideration of the judge’s decision, which was denied. On
29 February 2024, Karapatan received a notice from the Office of the General Prosecutor
stating that it was appealing the judge’s decision before the Court of Appeals.
150. The case of Ms. Leila de Lima, former Chair of the Commission on Human Rights
and Senator, was included in the 2018 report157 of the Secretary-General on allegations of
defamatory and intimidating public statements directed at the Commission, its members and
its Chair Mr. Chito Gascon (PHL 12/2017) due to their work and their cooperation with the
United Nations. Ms. Leila M. de Lima was imprisoned in February 2018 on allegations of
drug-related charges that were deemed “politically motivated” (PHL 5/2017158).
151. On 17 November 2023, mandate holders publicly welcomed the release on bail of
Ms. de Lima from prison after nearly seven years. 159 According to information received by
OHCHR, Ms. De Lima was acquitted in two of the three drug-related cases in February 2021
and May 2023. Her motion to dismiss the last case, where she is out on bail, is expected to
be resolved on 27 May 2024.
152. On 29 July 2024, the Government responded to the note verbale sent in connection to
the present report denying the allegations of red-tagging and reprisals against the Karapatan
Alliance of People’s Rights, its Secretary-General Ms. Cristina Palabay, and its staff and
noting that such allegations had been found to be unsubstantiated by national Courts. It added
that, on 30 April 2019, Karapatan, Ms. Palabay and nine other individuals affiliated with
Karapatan, had filed a Petition for Writ of Amparo and Writ of Habeas Data (Amparo
petition) before the Supreme Court, seeking to protect them against alleged threats,
harassment, surveillance by state agents and red-tagging practices and that, on 24 May, the
Supreme Court had directed the Court of Appeals to hear and resolve the petition, which it
had dismissed on 28 June 2019. The Government added that, on 5 November 2023, the
Supreme court had denied the Petition for Review on Certiorari of the said decision dated
28 June 2019.
153. Regarding the case of Ms. Leila de Lima the Government noted that, on 24 June 2024,
the Quezon City Regional Trial Court Branch 76 also cleared Ms. Leila de Lima of her two
disobedience cases adding that the resolution of all criminal cases against Ms. Leila de Lima
proved that she has been accorded the right to due process. The Government added that the
Court had not found that the criminal cases were without merit or politically motivated, but
154
155
156
157
158
159
62
A/HRC/39/41, Annex I paras. 86–89; A/HRC/42/30, Annex II, para. 8; A/HRC/45/36, Annex II,
paras. 100–101; A/HRC/48/28, Annex II, paras. 108–110; A/HRC/51/47, Annex II paras. 121–125;
A/HRC/54/61, para. 101, Annex II paras. 119–122.
PHL 1/2020, PHL 3/2021, PHL 5/2021, see government replies at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36533;
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36754.
A/HRC/51/58, para. 35.
A/HRC/39/41, Annex I, paras.
See Government reply at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35633.
https://www.ohchr.org/en/press-releases/2023/11/philippines-un-experts-welcome-release-formersenator-leila-de-lima-bail.
GE.24-14259