Tuesday, August 30, 2011

Free the Artist! Acosta Filing of Petition for Review at the DOJ


SEPTEMBER 1, 10-11am

Department of Justice, Padre Faura, Ermita Manila
Filing of Petition for Review Ericson Acosta case

Supporters of the Free Ericson Acosta Campaign will troop to the Department Justice on September 1 as the National Union of People's Lawyers (Acosta's counsel) files a Petition for Review of the illegal possession of explosive case lodged against Acosta.

Acosta's MOTION FOR RECONSIDERATION filed June 21, 2011 was DENIED by the local prosecutor in a new resolution dated July 12:

"Counsels of the respondent intensely argued that the latter's warrantless arrest was illegal as the hand grenade was just planted, and there was delay in the delivery of the respondent to the judicial authority... The defenses raised need to be threshed out in a full blown trial...

WHEREFORE.. it is respectfully reccomended that the motion be DENIED for lack of merit."

Acosta and his counsel have not received a copy of the court information or any notice of hearing. Acosta has since spent more than six months in detention without a proper court case filed against him

Free the Artist!
Free Ericson Acosta!
Free All Political Prisoners!

Thursday, August 25, 2011

Postcard Petition


Two National Artists sign petition for Ericson Acosta's immediate release


Ericson Acosta has spent more than 6 months in detention without a proper court case filed against him. The Amnesty International states:

"In Philippine law, the time limit from an arraignment to trial is set at 180 days by the Speedy Trial Act (RA 8493). However, 180 days have already passed without Acosta being arraigned, since the prosecutor has yet to file a formal complaint to the court."

Please write to the local prosecutor in Samar with the following suggested template:

Address:

Prosecutor Agustin M. Avalon

c/o Office of the Provincial Prosecutor

Bulwagan ng Katarungan

Catbalogan City, Samar

Text:

A Motion for Reconsideration for the April 20, 2011 Resolution by Prosecutor Agustin M. Avalon finding probable cause to the illegal possession of explosive complaint lodged against Ericson Acosta was filed by the counsel for the accused, the National Union of People’s Lawyers (NUPL), since June 24, 2011.

As citizens longing for justice, we await your prompt action on the matter. We respectfully urge your honorable office to RECONSIDER and SET ASIDE the April 20 Resolution by Prosecutor Avalon, and to issue a new Resolution dismissing the complaint against Ericson Acosta as soon as possible.

Ericson Acosta is a poet and cultural worker. He has dedicated his life to serving the people. He was arrested without warrant February 13, 2011, and has since spent months of unjust detention without any charges properly filed in court against him. His rights continue to be violated each day he remains incarcerated.

FREE THE ARTIST! FREE ERICSON ACOSTA NOW!


Signatories to the Free Ericson Acosta Campaign's postcard petition are several artists and writers including two National Artists for Literature, Bienvenido Lumbera and F. Sionil Jose.

UPDATE:

After Prosecutor Avalon denied Acosta's Motion for Reconsideration against the filing of the illegal possession of explosive case, the NUPL filed a Petition for Review before the DOJ
last September 1. Acosta was brought to court for a scheduled arraignment last September 21, but the court granted his counsel's motion to defer arraignment and proceedings pending the DOJ's decision on the review petition.

Acosta's immediate release relies on the DOJ's prompt action on the review petition. Please write letters of appeal to Philippine authorities and DOJ Secretary Leila de Lima to immediately withdraw the fabricated complaint against Ericson Acosta.

Address:

Secretary Leila de Lima
Department of Justice
Padre Faura Street, Manila
PHILIPPINES


Text:

Secretary de Lima,

Ericson Acosta is a poet and cultural worker. He has dedicated his life to serving the people. He was arrested without warrant February 13, 2011 while conducting human rights research in Barangay Bay-ang, San Jorge, Samar. He was brought to a military camp where he was interrogated and tortured for three days, before he was levied with a trumped-up charge of illegal possession of explosive to justify his arrest and continued detention. His rights continue to be violated each day he remains incarcerated.

As citizens longing for justice, we await your prompt action on the Petition for Review of Acosta's case filed by his counsel, the National Union of Peoples' Lawyers (NUPL) before the DOJ last September 1, 2011. We respectfully urge your honorable office to set aside the earlier resolutions of the local prosecutor in Samar, and to effect Acosta's release with the withdrawal of the fabricated complaint against him as soon as possible.

FREE THE ARTIST! FREE ERICSON ACOSTA NOW!






Wednesday, August 17, 2011

Amnesty International to Aquino govt: Release Ericson Acosta


By INA ALLECO R. SILVERIO in Bulatlat.com

MANILA – Amnesty International has called for the immediate release of poet and writer Ericson Acosta.

In a statement posted on its website www.amnesty.org, Amnesty International said the Aquino government should either end Acosta’s detention without trial and release him or else promptly bring him to trial.

Amnesty International expressed concern that the 37-year-old activist and journalist has been held in detention without trial for the last six months and still counting. Acosta was arrested by the military in San Jose, Samar last February 13 and accused without basis or proof of being a ranking official of the Communist Party of the Philippines (CPP). In his affidavit submitted to the Regional Trial Court Branch 41 in Gandara, Western Samar court, Acosta said he was detained at a military camp and subjected to 44 hours of interrogation with only two hours of sleep. He also said his military interrogators threatened to kill him.

“Death threats and prolonged sleep deprivation for the purpose of interrogation violate the international prohibition against torture and other ill-treatment. These practices violate the Convention against Torture, which the Philippines has ratified,” said the international human rights agency.

On February 16, the charge of illegal possession of explosives was filed against Acosta at the Gandara RTC which is a non- bailable offense under Philippine law. Six months later, Acosta remains in custody pending action by the investigating prosecutor.

“Under article 9 of the International Covenant on Civil and Political Rights, to which the Philippines is party, anyone subject to arrest or detention is ‘entitled to trial within a reasonable time or to release.’ In Philippine law, the time limit from an arraignment to trial is set at 180 days by the Speedy Trial Act (RA 8493). However, 180 days have already passed without Acosta being arraigned, since the prosecutor has yet to file a formal complaint to the court. Under international human rights law, confessions obtained by torture or other ill-treatment are inadmissible in court. The Philippine authorities must investigate these allegations and hold the perpetrators accountable,” said Amnesty International.

Art Commission speaks out against culture of impunity

Acosta’s plight has not escaped the attention of the National Commission for Culture and the Arts (NCCA). In letter dated July 22, NCCA executive director and playwright Malou Jacob released a letter addressed to the detained poet.

“As you mark your 159th day in prison today, away from your family and friends, our thoughts and the empathy of civil society will be with you. The injustice of your continuing detention mirrors the injustice that the more powerful has inflicted on our society and our people for so many years.
All these times, you have never reneged on your promise nor wavered in your will to create works expressive of our present difficult but hopeful lives and meaningful to our people,” she said.

Jacob said Acosta’s supporters laud his choice to stand firm at enormous personal cost for the principles of liberty and justice. She also made note of Acosta’s “instrumental role in the re-establishment of the Concerned Artists of the Philippines (CAP)” and his “huge concern for the peasant sector and the oppressed.”

Jacob assured Acosta that the NCCA will maintain a close interest in the fight of the more than 300 political prisoners in various detention facilities all over the Philippines. She said the NCCA joins the CAP and other non-government organizations in the fight to end the culture of impunity.

Free all political prisoners

Acosta’s case and the campaign for his release continues to be widely supported by various artist formations like Artist Arrest, Southern Tagalog Exposure and Guerilla Productions as well as by human rights groups all over the country. It has also gained support internationally.

In the United States, Filipino-Americans last July 26 held protests in front of embassies and consular offices as President Aquino delivered his second state of the nation address, (SONA). The Fil-Am activists called on Aquino to release Acosta and all political detainees.

In a rally in front of the Philippine Consulate General office in Los Angeles, the Bagong Alyansang Makabayan (Bayan)-USA said Aquino has already failed all the promises he issued during the May 2010 presidential campaign.

Kuusela Hilo, Bayan-USA vice chairwoman said Filipinos cannot afford to suffer one more year under Aquino. In the meantime, another activist, Apollo Victoria, sad he had visited Acosta in jail and his continuing detention without charges constitutes a grave human rights violation.

“Aquino wants to talk about human rights but cases like Ericson’s slip through the cracks, and he doesn’t do anything about it,” he was quoted as saying in a report.

In Holland last July, the Rice and Rights Campaign for Human Rights sponsored a dinner for for the release of political prisoners in the Philippines. Some of Acosta’s songs were performed during the activity. International League of Peoples’ Struggle chairman Professor Jose Maria Sison recited his poem “In the Dark Depths.” Sison wrote the poem in the course of his eight of years of imprisonment.

Also in July, more than 400 activists from 43 countries have expressed support for the campaign to free all political detainees by signing and approving a resolution in the recently-concluded Fourth Assembly of the International League of Peoples’ Struggle (ILPS) held in San Mateo, Rizal from July 7 to 9.

The resolution Aquino to grant a general, unconditional and omnibus amnesty for all political prisoners.

In the first International Conference of Progressive Culture and the Agit-Prop International Film Festival held the first week of July, filmmakers also signed a resolution supporting Acosta. Among the signatories are filmmakers Mustafa Kilinc from Germany, Iara Lee from Brazil and Eric Tandoc from the US; Mexican songwriter Rosa Martha Zarate Macias of the Solidarity Bracero Project; Palestinian songwriter Tareq Abu Kwaik; members of the Odaya Women’s Drum Group in Canada; Playback Theater and Theater of the Oppressed from Taiwan; and Habi Arts and Trust Your Struggle from USA.

Members of local cultural groups Kaboronyogan Cultural Network from the Bicol Region and Kuntaw Mindanao and Tugtugang Bayan from the Southern Mindanao Region also signed the statement calling for Acosta’s immediate release.

Keeping busy in prison

Acosta has kept himself busy writing supporters and thanking them for all their work pressing for his immediate release. He participated in a five-day fast last July along with 300 other political detainees in the country and the 20 other detainees from Eastern Visayas such as NDFP peace consultant Eduardo Sarmiento who’s detained in Camp Crame ;Jaime Soledad in the Leyte Provincial Jail; peasant leader Dario Tomada in the Manila City Jail; and Paterno Opo and Felicidad Caparal, two farmers in Catbalogan.

Acosta’s supporters maintain the blog freeacosta.blogspot.com which is constantly updated. Various friends and former colleagues of the detained post contribute poems, essays and other write-ups calling for Acosta’s release and an end to human rights violations in the Philippines.

Poet Homer Novicio, on Acosta’s fifth month, visited the political prisoner and said even in a cell shared with12 other inmates, “Eric’s mind is as active as ever if only to fight buryong or boredom aggravated literally by a small space to breathe.”

“Utilizing the mind as sole entertainment mechanism, he organized educational discussions among ka-kosas (fellow inmates). One day, they will be tackling whether Pres. Ferdinand Marcos’ remains should be buried in the Libingan ng mga Bayani and the next, they’d talk about the destruction of the environment,” Novicio said.

Novicio said Acosta at first ran the risk of being looted by his fellow prisoners, but the need to kill boredom and mental atrophy pushed Acosta to read to the other inmates.

“To his amazement, the kosas were responding as if the words were becoming flesh and blood. Eric began experimenting with vocal styles and enunciation. Thus, Liam Neeson, Jude Law and Samuel L. Jackson became usual ‘voice-over’ visitors,” he said.

Novicio also said Acosta’s efforts to continue writing in prison proves “a mind made keener by his limitations.”

“The poet in him is still very much alive with his poems seething with passion and love for the common man,” he said.

Ericson Acosta unplugged

Acosta’s musician friends have also released a CD album titled “Ericson Acosta: Prison Sessions Unplugged, Unrehearsed…Under Detention” and Acosta joked that the ideas and messages in songs in the album must be the reason why he was imprisoned. The album contains songs Acosta himself wrote during his student days in the University of the Philippines. Accompanied by co-member of the student cultural group Alay Sining and BAYAN secretary-general Renato Reyes, Acosta performs songs that highlight various issues affecting the Filipino people, the struggle of activists for genuine change, and the necessity of artists to choose sides, preferably that of the poor and exploited.

Various concerts have also been mounted to gather funds for Acosta’s legal defense. The last two were on July 13, and July 26. The first was the Haranang Bayan 3 event in Quezon City sponsored by Karatula and the Philippine Collegian. Acosta himself is a former editor of the Collegian’s culture section.

The last concert was sponsored by Guerilla Music Production.

The peace talks and the call for release political detainees

NDFP-EV spokesperson Fr. Francisco Salas said 8th Infantry Division chief Gen. Mario Chan has been making hostile statements against the immediate release of the detained cultural worker. The 8th ID is currently based in Samar.

“The release of some 400 political prisoners in the country is being worked on in the peace talks between the Aquino government and the National Democratic Front of the Philippines,” said Fr. Salas said.

“Such a step is a matter of justice in recognition that these political prisoners are victims of false charges and political persecution. Gen. Chan’s hostility to the release of Ericson Acosta is fascist and anti-peace. His call for the continued Acosta’s unjust imprisonment serves to undermine the peace talks.”

Salas pointed out that the the Aquino government is obliged to release the political prisoners to honor the standing peace agreements with the NDFP and to move the peace talks forward.

“Ericson Acosta and other political prisoners were illegally arrested, planted with evidence, tortured, and made to languish in prison on trumped-up charges. It’s a just legitimate to demand the release of all political prisoners because this is in accordance with the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law, the Joint Agreement on Safety and Immunity Guarantees, and other standing peace agreement between the Philippine government and the NDFP. The burden is on the Aquino government to comply with such a just and legitimate demand. Otherwise, the peace talks will become a laughingstock because the fascists and militarists like Gen. Chan are making a mockery of it.”

Paalam performed by Nato Reyes, Sarah Katrina, Aki Merced, & BLKD. Featuring ET

Paalam performed by Nato Reyes, Sarah Katrina, Aki Merced, & BLKD. Featuring ET from Ryan Leano on Vimeo.


Paalam (Farewell, but with the intention of seeing each other again) is a song written by Ericson Acosta, an artist, journalist, and cultural worker who is currently illegally detained by the Philippine government on trumped-up charges of illegal possession of explosives. This is one of many songs written by this beloved freedom fighter. This was recorded during my most recent trip to the Philippines. Free All Political Prisoners!

Saturday, August 13, 2011

Amnesty International: End Acosta’s detention without trial

Philippines: End Acosta’s detention without trial

The Philippine authorities must release Edison (sic) Acosta or else promptly bring him to trial.
Amnesty International expressed concern that the 37-year-old activist and journalist has been held in detention without trial for six months now.

On 13 February, Acosta was arrested by the military in San Jose, Samar. The military alleged he was an official of the once-banned Communist Party of the Philippines (CPP).

Acosta said he was detained at a military camp and subjected to 44 hours of interrogation with only two hours of sleep. He also said that interrogators threatened to kill him.

Death threats and prolonged sleep deprivation for the purpose of interrogation violate the international prohibition against torture and other ill-treatment. These practices violate the Convention against Torture, which the Philippines has ratified.

On 16 February, the charge of illegal possession of explosives was filed against Acosta at the Regional Trial Court Branch 41 in Gandara, Western Samar. Under Philippine law, this is a non-bailable offence.

Six months later, Acosta remains in custody pending action by the investigating prosecutor. Under article 9 of the International Covenant on Civil and Political Rights, to which the Philippines is party, anyone subject to arrest or detention is “entitled to trial within a reasonable time or to release.”

In Philippine law, the time limit from an arraignment to trial is set at 180 days by the Speedy Trial Act (RA 8493). However, 180 days have already passed without Acosta being arraigned, since the prosecutor has yet to file a formal complaint to the court.

Under international human rights law, confessions obtained by torture or other ill-treatment are inadmissible in court. The Philippine authorities must investigate these allegations and hold the perpetrators accountable.


Link to Amnesty International's statement

Thursday, August 4, 2011

I Read the News (but who is Ericson Acosta?)


by Homer B. Novicio

A day before Valentine’s Day, in a far-flung place down south called San Jorge, Samar, love met 37-year old Ericson Acosta in the form of the Armed Forces of the Philippines’ 34th Infantry Batallion. Love at first sight? Not so, I’m afraid.

Eric’s story is the same as any other who have loved well enough to suffer its consequences. In his case, it was his strong feelings for the poor that pushed him to investigate human rights violations and environmental degradation; a work he’d done for the Alliance of Concerned Samarenos (ACOS) and the Kapunungan han Gudti nga Parag-uma ha Weste han Samar (KAPAWA).

You may have already heard how the narrative line goes: cultural worker working with the masses; a military fiery-eyed and eager to pin down anyone with the slightest scent of the Red scare; and one or two fictional charges hurled to hold the subject incarcerated. There are countless stories as such that familiarity has begged the question whether they still happen. You just have to follow the narrative line above, fill in the blanks and you’ll have hundreds of political prisoners all over the country. At least, those are the ones that get the privilege of being counted.

Explosives and Allegations

Allegedly, it was a bag with explosives that did it for Ericson. This did not just come to pass under the watchful eye of 2nd Lt. Jacob Madarang and his batallion of freedom-loving Red menace hunters. Surely, a haunch by a batallion member that Eric was a top-brass player of the New People’s Army (NPA) because Eric had a laptop was not enough to arrest him. They asked him to open the laptop and when it failed due to drained power supply, their faces grew red with much paranoia that would have made Bembol Roco’s character straight from the movie, Orapronobis, mighty proud.

So Lt. Madarang and his band of now merry-men allegedly held Eric without any charges. To while away their time, it was alleged that they interrogated him for 44 hours straight. To their credit, they gave Eric two hours of much-needed sleep according to the counter-affidavit filed by Eric on April 11, 2011.

In a press statement, 8th Infantry Batallion Maj. General Mario Chan pointed out that “Acosta was treated very well by the apprehending troops. As we’ve done so in the past, we assure our people that we will always be observant of human rights. Acosta will be accorded his right to counsel and given his day in court.”

The captors searched in their little anti-Red book. And there, like a heavenly boon borne in bold caps---EXPLOSIVES! Since Eric had a bag during his “arrest,” might as well throw in some explosive materials in them. For added tension, put in that Eric was a member of the NPA and was about to pull out a hand grenade when he was apprehended. Story closed. Case open.

After 72 hours and 30 minutes of his arrest, a formal complaint was filed by the Chief of Police of San Jorge, Police Inspector Oscar Pagulayan at the Regional Trial Court of Gandara, Samar.

It did not take long before the story exploded into the media, rippling across countless internet blogs and pages and setting off campaigns to support and free Ericson Acosta.

Love begets….

Theater was his first love. Eric remained active as member of the Philippine Educational Theater Association (PETA) from the fourth grade until his high school days. The year 1984 proved monumental when he joined the staging of Macbeth rewritten to reflect the tumultuous Martial Law of the Marcos era. For him, the catharsis via his chosen medium was enough to drive him to examine and question the society at large.

So he began to read, enrolled at the University of the Philippines as a Political Science student, widened his interests to include music and literature, read some more, began writing poems and songs, read some more until the reading habit drove him to pilfer one to three books with each visit to the library.

One of those library trips brought to his attention a poster calling for aspiring student writers. He took the exam, hurriedly writing so as not to be late for a scheduled drinking session with friends. And the rest goes down as dialectical history.

The contrasting character of a frail built and a mind that had had its share of street and academic learnings plus his sincere yearning for change only added to Eric’s charisma. He became the chairperson of Alay Sining and wrote, directed and starred on a play based on the life of Andres Bonifacio titled, “Monumento.” He was also a much active member of the Student Alliance for the Advancement of Democratic Rights in UP (STAND UP). For Eric, it was a crossroad where real life and the arts met.

The call of the muse was so strong that he began traversing the Bohemian life. He had traipsed through the roads of excess. Finding that his wisdom palace was still far from sight, he’d sleep some nights over at the nearest perpetual adoration chapel. Hell, it’s the only place that never closes and it would not turn away a sinner reeking of alcohol with senses addled by jazzed up periodic elements to boot.

He sobered up with time and age, wielding his pen for the Manila Times and then as segment writer for ABS-CBN. But his heart was really for the poor so that when work was offered to investigate human rights violations in Samar, he didn’t have second thoughts.

Jailhouse Rocks!

Almost five months on and still counting. In a cell shared with twelve other inmates, Eric’s mind is as active as ever if only to fight buryong or boredom aggravated literally by a small space to breathe.

Utilizing the mind as sole entertainment mechanism, he organized educational discussions among ka-kosas. One day, they will be tackling whether Pres. Ferdinand Marcos’ remains should be buried in the Libingan ng mga Bayani and the next, they’d talk about the destruction of the environment.

It’s really time that may be loathed or loved wisely inside the prison cell. Necessity out of prison buryong pushed Eric to read to fellow inmates. To his amazement, the kosas were responding as if the words were becoming flesh and blood. Eric began experimenting with vocal styles and enunciation. Thus, Liam Neeson, Jude Law and Samuel L. Jackson became usual “voice-over” visitors.

There is no excuse for failing to write. Eric realized this early on, so he began jotting down in prison. “This is miserable writing,” he begins his blog as he organizes his experiences and epiphanies from the time of his arrest.

His entries prove a mind made keener by his limitations. The poet in him is still very much alive with his poems seething with passion and love for the common man.

As one entry states: “Napakarami kong enerhiya sa katawan. Sobrang enerhiya at paghahangad ng masasayang gabi na sa malao’t madali’y dudulo sa makapal na lambong ng depresyon.” (“I have so much energy in me. So much energy and desire for happy nights which in time will reach an end in the thick of depression.”)

Through friends and visitors, he keeps track of the actions initiated for him in Manila. He is aware for instance of the drive concerened artists like National Artist Bienvenido Lumbera and Pen Medina are spearheading under the helm of the Free Ericson Acosta Campaign. Lumbera has stressed that ”Ericson deserves to be released for his continuing incarceration is a grievous loss to the growth of a truly democratic art and culture of the Filipino people.”

On April 6, a visitor arrived bearing with him news and updates for Eric plus the gift of song. It was BAYAN secretary general, Renato Reyes, who was more than ready for an impromptu jam session. With Reyes on guitar and Eric doing the vocal chores, it was an unplugged repertoire that may have been recorded at any given night in a time of freedom and abandon. Suddenly, Reyes and Eric were two activist students again blazing through songs of love and freedom and equality in a faraway place which was the Vinzon’s Hall in UP.

The whole jam session is available online. Though far from being a local version of Live at the Folsom Prison, it doesn’t fail to deliver the angst and longings of someone deprived of freedom, bursting with raw energy as afforded by cold bars and cramped space in lieu of a good PA system.

In one of the recorded song, “Dahil”, penned by Eric himself he sings: “Dahil kapos ang tula/ Hitik man sa tugma/Di pa rin maririnig/ Ang awit ng pag-ibig/ Kaya nga buhay mismo ang alay.” (Because poetry is not enough/ Though filled with rhymes/ They still cannot hear/ The song of love / So life itself is sacrificed).

Delivering the song “I Read the News” by Binky Lampano, Eric sings through Reyes’ strumming: “Ordinary, ordinary, ordinary man / I’m just an ordinary man.” Suddenly, Eric halts to ask, “Nasan na ba si Binky?” (Where is Binky?). Eric caps the jam session saying that the songs he’d just sung may have been the reason why he’s in jail.

So our ordinary man waits in his prison cell. As of this writing, the fiscal has finally ended the preliminary investigation phase with an antedated resolution to file the court information against Ericson. But up to now, a check with the local courts will reveal that none has been actually filed. His lawyers have come up with a motion for reconsideration for the fiscal to file a new resolution junking the complaint against Ericson. Ericson needs us to appeal to concerned authorities at the Department of Justice to keep the pressure on.

Like a song from the prison sessions, Eric continues to battle the refrains and choruses of the why’s and what-if’s in his head; as a lover does when faced with the sudden end of an affair, the questions come back. What went wrong? Eric looks around his cramped cell and sees small answers, little illuminations which, with his unbroken spirit, might just help him get through another day.

Wednesday, August 3, 2011

Haranang Bayan by Nato and Sarah

Haranang Bayan performed by Nato Reyes and Sarah Katrina from Ryan Leano on Vimeo.


Video of July 13 performance of "Haranang Bayan" at the Haranang Bayan 3 event at the Backdoor Blues Cafe, Kalayaan Ave., QC., sponsored by Karatula and the Philippine Collegian.