Philippine Justice

This guy is Bas Ismael, he was convicted on the 7th of being one of the kidnappers of two Americans and eighteen Filipinos at the Dos Palmas Resort in Palawan in 2001.

He and twenty other Filipino Muslims have been branded Abu Sayaff terrorists and sentenced to twenty life sentences in maximum security prison. That's 800 years.

Bas is one of CRC's clients and I've gone to visit them in jail twice. Do I think he did it? No, but I accept that I'm basing that on personal impressions.

Perhaps the confession he provided after being beaten by fists and gun butts, being electricuted, and choked by having a plastic bag over his head was all true (that's the confession where he admitted to every crime ever supposedly committed by the Abu Sayaff: I don't have my notes so that's something like 245 frustrated murder attempts, and multiple murder, kidnapping and others).

So if that's all true then Bas is one skilled criminal--because he was 17 in 2001.

Post torture, Bas has consistantly claimed that he wasn't in Palawan at the time (curiously I was---please don't tell the government).

Even if he was involved does a 17 year old boy deserve to be imprisoned with adults for so long? And now that he's an adult to be sentenced to 20 life sentences?

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In case you're curious here's an article from Inquirer.net from 7 Dec:

20 life terms for each of 14 Abu kidnappers
Julie M. Aurelio
Inquirer

December 07, 2007




MANILA, Philippines -- Twenty life sentences were meted out Thursday by a court to each of 14 Abu Sayyaf members convicted of kidnapping 20 persons from the Dos Palmas resort in Palawan in 2001.

This has given the Philippines the distinction of having the biggest number -- now 39 -- of terrorists meted out long-term sentences in the world, according to Justice Undersecretary Ricardo Blancaflor, the spokesperson of the Anti-Terrorism Council.

Judge Lorifel Lacap-Pahinma of Pasig City Regional Trial Court Branch 69 acquitted four other accused, saying there was insufficient evidence to prove their involvement in the hostage crisis that dragged on for more than a year.

Among the four was Satra Tilao, a sister of slain Abu Sayyaf spokesperson Aldam Tilao, alias Abu Sabaya, and the lone female accused.

Dressed in a yellow T-shirt and blue jeans, Tilao, 42, fell to her knees in relief upon hearing the verdict read out by a court clerk.

Pahinma convicted the 14 of kidnapping and serious illegal detention with ransom after a trial of more than four years.

Robert Courtney, US Department of Justice attaché at the US Embassy in Manila, praised the government lawyers.

“It sends a strong message about the capability of the Philippine law enforcement to deal with terrorist activities through the criminal justice system,” he told reporters.

Damages

The judge also ordered the convicts to pay damages to each of the victims or their heirs of between P50,000 and P300,000.

For missionary Gracia Burnham, the amounts were set at P300,000 in moral damages and P100,000 in exemplary damages; for the heirs of Martin Burnham, Gracia’s husband, P300,000 in moral damages, P200,000 in exemplary damages and P50,000 in civil indemnity, and for businessman Reghis Romero, P50,000 in moral damages and P50,000 in exemplary damages.

“There’s no justice in this country,” Toting Hannoh, one of those convicted, told Reuters as he was being led by security officers to a police van after the sentencing.

“The Abu Sayyaf will grow stronger. We will be back,” he said.

Channel 7’s early evening newscast quoted Gracia Burnham as saying from the United States: “Both Martin and I forgave [our captors] while we were still in their custody, while we were still being held hostage, so my feelings toward them haven’t changed any ... I wish them all the best.”

Positive ID by hostages

In her decision, Pahinma said she gave more credence to the hostages’ positive identification of the accused than the latter’s denials.

“Denial, like alibi, is an insipid and weak defense, being easy to fabricate and difficult to prove,” she said.

The judge also said the hostages’ eyewitness accounts pointing to members of the bandit group as leaders, cooks, food-gatherers or guards could not be discounted.

Pahinma said the chain of events from the kidnapping to the transport of the hostages from Palawan to Basilan also proved collusion among the accused, despite their alibis.

“The chain of circumstances from the time the hostages were made to board the speedboat, then transferred to the commandeered fishing vessel, until they were brought to the lair of the Abu Sayyaf in Basilan proved conspiracy,” she said.

The court released the names and aliases of the 14 convicts: Abdulazzan Diamla (Abu Umbran), Daud Baru (Daud Daim), Ahmad Baky Abdullah (Ibnomalik), Bashier Ordonez (Bas), Sonny Asali (Abu Teng), Alzen Jandul (Arzen), Bas Ismael (Arabi), Haber Asari (Habil Asari), Kamar Ilias Ismael (Abu Jude), Marvin Vincent Rueca (Balik Islam), Margani Iblong Hapilon (Abu Nadim), Tuting Hannoh (Jakaria), Adzmar Aluk (Abu Adzmar) and Guillermo Salcedo (Urban).

Those acquitted, apart from Tilao, were Radzmar Sangkula Jul (Radz), Basher Abdul (Abu Jar) and Abdurrahman Ismael Diolagla (Abu Sahirin).

But Undersecretary Blancaflor said the three acquitted men would still be detained because they had earlier been convicted of another crime.

Because the accused were all deemed to be “high security,” the trial was conducted at Camp Bagong Diwa in Taguig City, their place of detention.

‘No direct proof’

Pahinma said the prosecution failed to prove that Tilao was an active participant in the Dos Palmas kidnapping.

“There is no direct proof or circumstantial evidence that would show that Satra’s [bank] account was used as a conduit for the transfer of ransom or additional ransom,” Pahinma said.

“Mere knowledge, acquiescence to, or agreement to cooperate, is not enough to constitute one as a party to a conspiracy,” the judge said.

According to court documents, hostage Angelica Monteleagre claimed that they were ordered to deposit the ransom for her freedom in Tilao’s bank account. But Tilao denied this.

Pahinma, however, did not discount the possibility that Tilao and the others who were acquitted were connected with the Abu Sayyaf.

“But their participation in the Dos Palmas incident has not been proven beyond reasonable doubt,” she said.

Tilao’s mother, Isnaira Kurandin, sat at the back of the courtroom during the promulgation of the verdict.

Polio stricken

“I don’t know what to feel anymore. I thank Allah for setting my daughter free,” Kurandin, 67, told reporters.

“How can she be a bad person? She is lame,” the mother said, pointing to Tilao’s right leg.

Tilao -- who was afflicted with polio as a child -- walked with the aid of a female guard, whom she happily embraced when she heard that she had been acquitted.

Rudolf Philip Jurado, Tilao’s lawyer, said his client would be released after the processing of her papers at the Metro Manila District Jail.

“Like what the decision said, there was insufficient evidence. She was included in the charge sheet on the basis [of being] Abu Sabaya’s sister,” Jurado said.

Warning to terrorists

Blancaflor said some countries had convicted terrorists but they were meted out prison sentences of only a few years.

Of the 39 convicted terrorists in the Philippines, 13 were earlier meted out death sentences which, however, were downgraded to life terms with the repeal of the death penalty.

According to Blancaflor, Thursday’s convictions should serve as a warning to terrorists that they would be held accountable for their actions.

“Warning to all terrorists and would-be terrorists: It took some time, but the government will go after you whether you are Abu Sayyaf, RSM (Rajah Sulaiman Movement) or JI (Jemaah Islamiyah),” he told reporters.

Lt. Col. Ernesto Torres, spokesperson of the Philippine Army, said the conviction of the 14 Abu Sayyaf members was “a triumph of justice” and “another battle won in the fight against terrorism.”

Soldiers’ morale

Torres said the conviction would also be “a source of encouragement to our soldiers in the front lines.”

Asked if retaliation from the Abu Sayyaf was expected, he said: “We are always vigilant toward such possibilities. However, let us be reminded that our collective effort is necessary to thwart any terror attempts.” With reports from Leila B. Salaverria, Nikko Dizon and Reuters



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