Free Ericson Acosta: Ericson Acosta's Counter Affidavit

Monday, April 11, 2011

Ericson Acosta's Counter Affidavit

Ericson Acosta's Counter Affidavit. Click on the image to download the document from Scribd.com

by Renato Reyes, Jr. in Like a Rolling Stone

Cultural worker and activist Ericson Acosta continues to fight for his freedom against the trumped-up charges filed against him. In his counter-affidavit, he exposes the violations of his constitutional rights when he was arrested without warrant, subjected to prolonged interrogation, held by the military for 56 hours before being brought to the police. Acosta remains detained at the Calbayog sub-provincial jail. He is one of more than 300 political prisoners presently detained by the Philippine government.

The Calbayog prosecutor, who is conducting a preliminary investigation, will now determine if the case will be filed in court.

We stand with him in his fight for freedom. We stand for the protection of his rights and the dropping of the trumped-up charges.

We stand with all political prisoners who are demanding immediate release.

ERICSON ACOSTA COUNTER AFFIDAVIT

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SUPPORT THE ERICSON ACOSTA LEGAL DEFENSE FUND

The Free Ericson Acosta Campaign appeals for support for Ericson’s legal defense fund. There are inherent difficulties faced by his family who are based in Metro Manila while he is detained in Samar. The funds raised will go to his legal defense and medical needs.

Through your help, we can see to it that Ericson will be reunited with his family and the people he serves.

You may donate through the account:

Isaias Acosta
BDO The Block

SM City North branch
Savings Account # 0251065464

For international donations:

Isaias Acosta

BDO The Block

SM City North branch
Savings Account: 00-0251065464
Routing #: 021000089
Swiftcode: BNORPHMM

Thank you for your support!

Ericson Acosta’s supporters call on authorities, particularly the Department of Justice (DOJ), to immediately withdraw the fabricated illegal possession of explosive complaint lodged by the military against the poet-songwriter.

The Free Ericson Acosta Campaign demands the pull-out of the highly irregular if not illegal presence of a squad of military men near his place of detention. A platoon of soldiers from the 87th IB was first deployed in the nearby barrio since July in the pretext of military operations, but it has become apparent that the soldiers are there to harass and intimidate Acosta, his visitors and supporters. Congressman Rafael Mariano of Anakpawis Party-list, in his visit to the Calbayog jail directly witnessed how soldiers listen in to Acosta’s conversations with visitors.

Philippine authorities must FREE ERICSON ACOSTA NOW!

T I M E L I N E

February 13, 2011 – While on his way to San Jorge town from Barangay Bay-ang proper around 10 am, Acosta was arrested without warrant by elements of the 34th IBPA led by 2nd Lt. Jacob Madarang. Acosta was accompanied by a barangay official and was carrying only a laptop and some personal belongings at the time of his arrest. With threats, soldiers instructed Acosta’s companions from the barrio to carry on, as they were only interested with the “Tagalog” whom they suspected of being a high-ranking NPA rebel. Acosta was conducting human rights research in the militarized barrio for Kapunungan han Gudti nga Parag-uma ha Weste han Samar (KAPAWA – Small Peasants Association of Western Samar) and the Alliance of Concerned Samarenos (ACOS).

Acosta was brought to the 34th IB Charlie detachment in Brgy. Blanca Aurora, San Jorge. They arrive at about 9pm. Acosta was interrogated, coerced and tortured for 44 hours straight with only 2 hours of sleep. He was denied communication to his family and access to a lawyer.

February 15 – Around 7pm, Acosta was brought to the PNP Municipal Headquarters in San Jorge. A grenade was presented by the military to the police. Acosta was later told by police officers that he was being charged with illegal possession of explosive. He was brought to a hospital for medico-legal procedure and was detained overnight at the PNP San Jorge.

February 16 – Police completes the blotter procedure against Acosta. He was brought to the Calbayog Hall of Justice around 9am by military escorts in civilian clothes. Acosta was finally able to call his family when he asserted his rights in front of civilian employees in the building.

A complaint of illegal possession of explosive signed by the San Jorge PNP Chief Oscar Pagulayan was directly filed to the Regional Trial Court of Gandara, Samar, Branch 41 at 10:30 am, or seventy two (72) hours and thirty (30) minutes after Acosta’s arrest on February 13, 10 am. Acosta was then remitted to the Calbayog sub-provincial jail around 1:30 pm.

February 17 – The AFP publicizes the capture of a “top ranking CPP personality,” Ericson Acosta aka “August Lim.” The AFP releases state that “..troops recovered from Acosta one (1) laptop notebook with complete accessories and spare battery, an external hard drive, Globe tattoo (USB globe broadband), one (1) unit Nokia 3530, 6 pcs SIM cards, a cash amounting to Four Thousand Eight Hundred pesos (P4, 800.00) only and his personal belongings.” As for the grenade subject of the illegal possession complaint, reports said that “(Acosta) … attempted to draw a hand grenade from his pocket.”

March 1 –The Acting Presiding Judge of the Regional Trial Court of Gandara, Samar, Branch 41, Hon. Subanah E. Usman, instead of issuing a Commitment Order, issues an Order referring the case to the Office of the Provincial Prosecutor, Calbayog City for Preliminary Investigation.

April 11 – Acosta through his counsel, a legal team from the National Union of People’s Lawyers (NUPL) led by Atty. Jun Oliva, files his counter-affidavit, which states: "a. He was arrested without warrant while not committing any crime or doing anything illegal; b. He was not informed of the reason for his arrest at the time of his arrest; c. He was denied the right to counsel; d. He was denied a phone call and prevented from contacting his family or his lawyer; e. He was subjected to prolonged interrogation for 44 hours; f. During tactical interrogation, he was physically and psychologically tortured; g. He was deprived of sleep, threatened, intimidated, coerced and forced to admit membership in the NPA; h. The grenade subject of the case was planted; i. The complaint against him was filed in court only after 72 hours and 30 minutes; j. He was detained in a military camp, which is not of civilian jurisdiction."

April 15 – The Free Ericson Acosta Campaign (FEAC) is launched in Quezon City. A statement calling for his immediate release is signed by hundreds of artists, journalists, human rights advocates and other supporters.

June 7 – Acosta receives Prosecutor Agustin Avalon’s resolution dated April 20, recommending the filing of the illegal possession of explosive case in court.

June 21 – NUPL files a motion for reconsideration before the prosecutor.

July – Delegates to the International Conference on Progressive Culture held in the Philippines sign the support statement calling for Acosta’s immediate release. Signatories include prominent artists and cultural groups from the USA, Canada, Asia and Europe.

Troops from the 8th ID begin to station near Acosta’s place of detention.

August 12 – Amnesty International calls for the end of Acosta’s detention and cites rights violations.

August 17 – NUPL receives Prosecutor Avalon’s resolution dated July 12, denying the motion for reconsideration.

September 1 – NUPL files a Petition for Review before the Department of Justice (DOJ).

September 21 – Acosta is brought to court for a scheduled arraignment. Court grants his counsel's motion to defer proceedings pending the DOJ’s decision on the review petition. Acosta is again harassed by the military when made to ride the jail vehicle as a lone detainee along with military escorts in full battle gear.

October 14 - The state’s National Commission for Culture and the Arts (NCCA) ties up with the Concerned Artists of the Philippines (CAP), in a gathering of artists calling on the DOJ to promptly review Acosta's case.

November 19 - Acosta is named finalist of 2011 Imprisoned Artist Prize at the Freedom to Create Awards Festival in Cape Town, South Africa, along with filmmaker Dhondup Wangchen of Tibet. Musician Win Maw of Burma wins the Prize.

December 1 - Acosta is nominated for the 2011 WikiPinoy of the Year by online encyclopedia Wiki Pilipinas.

December - The Philippine Center of the International PEN and the University Council of the University of the Philippines, Diliman issue resolutions in support of Acosta's immediate release.

December 28 - The local court in Samar denies the prosecution's motion to transfer Acosta's custody from the Calbayog sub-jail to the Catbalogan provincial jail.

February 13 - NUPL files a motion for the immediate resolution of Acosta's review petition before the DOJ. The Campaign for Human Rights in the Philippines - United Kingdom and the international People's Art Network reiterate their appeal to free Ericson Acosta.

March 14 - The Philippine Universal Periodic Review Watch files complaints before the office of Malick Sow, chairman of the Working Group on Arbitrary Detention of the United Nations Human Rights Council, citing the cases of poet Ericson Acosta and film student Maricon Montajes. The PEN International and its chapters call for Acosta's release.

May 18 - NUPL files a second motion for the immediate resolution of Acosta's review petition before the DOJ.

Who is Ericson Acosta?

Ericson Acosta is an artist, journalist and cultural worker illegally arrested by members of the Armed Forces of the Philippines on February 13, 2011 in Barangay Bay-ang, San Jorge, Samar province in the Eastern Visayan region. He faces trumped-up charges of illegal possession of explosives and is currently detained at the Calbayog City sub-provincial jail.

Acosta's counsel filed a Petition for Review of his case before the Philippine government's Department of Justice (DOJ) last September 1. Support the campaign for Acosta's immediate release by writing letters of appeal to Philippine authorities and DOJ Secretary Leila de Lima at soj@doj.gov.ph

Email us: freeericsonacosta@gmail.com

Monday, April 11, 2011

Ericson Acosta's Counter Affidavit

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