entirety of his detention, and if he had not paid, he
would not have been allowed to leave the country for
the United Kingdom. The ruling was confirmed after
an appeal by the British Ambassador to the
Philippines, and subsequent efforts directed from the
United Kingdom to the Bureau of Immigration and
the Supreme Court in order to recover these fees
proved similarly unavailing.
a “most serious crime” as it does not involve loss of
life, and the circumstances of the offence may vary
greatly. For the same reasons, the mandatory death
penalty is disproportionate to the gravity of the
alleged crime and contrary to article 7. It is further
disproportionate and inhuman, as no allowance is
made for the circumstances of the individual crime
and the individual offender in mitigation.
2.8 Upon his return to the United Kingdom, the
author sought compensation pursuant to Philippine
Republic Act 7309. The Act creates a Board of
Claims under the Department of Justice for victims
of unjust imprisonment or detention, compensation
being calculable by month. Upon inquiry, he was
informed on 21 February 2001 that on 1 January
2001, he had been awarded P14,000, but that he
would be required to claim it in person in the
Philippines. On 12 March 2001, he wrote to the
Board of Claims seeking reconsideration of
quantum, on the basis that according to the legal
scale 40 months in prison should result in a sum of
P40,000. On 23 April 2001, he was informed that the
amount claimed was ‘subject to availability of funds’
and that the person liable for the author’s misfortune
was the complainant accusing him of rape. No
further clarification on the discrepancy of the award
was received.
3.2 The author contends that the time spent on
death row constituted a violation of article 7,
particularly in the light of the massive procedural
deficiencies of the trial. It is argued that there is, in
this instance, a violation of article 7 because of the
patently unfair proceedings at trial and the
manifestly unsound verdict which resulted in the
helplessness and anxiety placed on the author given
he was wrongly convicted. This was aggravated by
the specific treatment and conditions he was
subjected to on death row.
3.3 In terms of article 9, the author argues his
initial arrest took place without warrant and in
violation of domestic law governing arrests. Nor was
he informed at the time of his arrest of the reasons
therefore in a language he could understand, or
promptly brought before a judge.
3.4 As to the claim of a violation of articles 14,
paragraphs 1, 2 and 3, the author contends, firstly,
that his trial was unfair. He contends that in emotive
cases such as rape of children, a single judge is not
necessarily immune to pressures on his or her
independence and impartiality, and should not be
allowed to impose the death penalty; rather, a judge
and jury or bench constituted of several judges
should determine capital cases. It is alleged that the
trial judge was subjected to “enormous pressure”
from local individuals who packed the courtroom
and desired the author’s conviction. According to the
author, some of these persons were brought in from
other areas.
2.9 On 9 August 2001, after applying for a tourist
visa to visit his family, the author was informed that
as a result of having overstayed his tourist visa and
having been convicted of a crime involving moral
turpitude, he had been placed on a Bureau of
Immigration watchlist. When he inquired why the
conviction should have such effect after it had been
quashed, he was informed that to secure travel
certification he would have to attend the Bureau of
Immigration in the Philippines itself.
2.10 The author also sought to lodge a civil suit for
reparation, on the basis that the administrative
remedy for compensation outline above would not
take into account the extent of physical and
psychological suffering involved. He was not
eligible for legal aid in the Philippines, and from
outside the country was unable to secure pro-bono
legal assistance.
3.5 Secondly, the author contends that the trial
court’s analysis was manifestly unsound and
violated his right to presumption of innocence, when
it observed that the author’s defence of denial that
the alleged act took place “cannot prevail over the
positive assertions of the minor-victim”. In the light
of the irreversible nature of the death penalty, the
author argues capital trials must scrupulously
observe all international standards. Referring to the
United Nations Safeguards on the Rights of Those
Facing the Death Penalty, the author observes that a
capital conviction must be “based upon clear and
convincing evidence leaving no room for an
alternative explanation of the facts”.
The complaint
3.1 The author alleges a violation of articles 6 and
7 by virtue of the mandatory imposition of the death
penalty under s.11 of Republic Act No. 7659 for the
rape of a minor to whom the offender stands in
parental relationship.1 Such a crime is not necessarily
1
S.11 Republic Act 7659 provides that: “…the death
penalty shall also be imposed if the crime of rape is
committed with any of the following attendant
circumstances: 1. When the victim is under eighteen (18)
years of age and the offender is a parent, ascendant, step
parent, guardian…”.
116
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