CCPR/C/128/D/2568/2015 Corazon de Jesus, including the authors, who had been meeting to discuss their complaint were charged with unlawful assembly and issued arrest warrants. 19 One of the authors, M.B., was arrested and detained until 5 December 2012. Although the charges were ultimately dismissed for lack of evidence, on 24 May 2012, the community leaders were charged with “simple disobedience to an agent or a person in authority” for their failure to appear in court.20 2.9 The authors claim that the Philippine authorities have harassed, intimidated and threatened the authors, their advocates and their allies. In late 2012, arrest warrants were issued against the authors R.V. and A.B., who are trade union and urban poor leaders and founders of human rights organizations. 21 They were falsely charged with murder and have never seen the substance of the warrants or been provided with documentation of the exact charges against them.22 2.10 The authors argue that they have exhausted all available domestic remedies in the Philippines by obtaining, through the Corazon de Jesus Homeowners Association, a negative decision from the Supreme Court, the highest court in the Philippines, on 29 September 199723 and having submitted a complaint against the notified forced evictions to the Commission on Human Rights of the Philippines, in 2011, which has remained pending ever since. The authors argue that, given that the Supreme Court refused to acknowledge proclamation No. 164, a decision which remains valid, and that the courts still refuse to accept proclamation No. 164, there are no available domestic remedies for the authors to challenge their forced eviction. The complaint 3.1 The authors allege that the State party has violated their rights under articles 2 (3), 7 and 17 of the Covenant. They also allege a violation of article 6 with respect to those who were killed during the eviction, namely, the authors A.H. and A.L., who are represented by members of their family, M.H. and G.L., respectively. 3.2 Given that the Government authorized and carried out the forced and violent eviction of the Barangay Corazon de Jesus community under the colour of law, no effective remedy is available to them before domestic courts, in violation of article 2 (3) of the Covenant. The authors also submit that they were provided neither with appropriate, adequate and timely notice nor with any meaningful forum in which to contest the eviction. The very short time frame between the notification, the eviction and the subsequent demolition 24 of homes deprived the authors of any effective recourse to vindicate the violations of their rights. They further argue that their efforts to gain access to legal 19 20 21 22 23 24 On 22 May 2014, the authors provided a copy of a document dated 25 January 2011 from the city mayor certifying that no rally permit had been issued by his office in connection with the demolition activities. On 22 May 2014, the authors provided a copy of a court order dated 8 January 2013 lifting the arrest warrant issued on 24 May 2012 against 9 community leaders after posting bail bond. The authors do not provide further information on the arrests referred to or on the outcome of the criminal charges, if any. The author R.V. is one of the founders of the May First Labour Movement, and the author A.B. founded Defend Job Philippines. No further information is provided as to their current situation. According to information available on the Internet, the charges were still being maintained as at April 2014. The authors provided an article, which confirmed their accusation on fabricated charges. No further information on the outcome of those charges has been provided. Although 16 years elapsed between the exhaustion of domestic remedies in 1997 and the authors’ initial submission (received on 25 March 2013), it does not appear to raise an issue of abuse of the right of submission under article 3 of the Optional Protocol, given that the forced eviction occurred in 2012. Instead of providing notice to each family personally, the notice of eviction was left in the Barangay Hall of Barangay Corazon de Jesus on 5 December 2011. Because of that, most residents were not aware of its existence. On 6 January 2012, the authorities posted a second notice on the front door of a house in the community. The notice stated that the residents had 3 days to vacate their homes, without specifying the names or addresses of those targeted by the eviction. The demolition took place on 11 January 2012. 5