UN rapporteur charges Sereno ouster threatens PH judicial independence
Published Jun 3, 2018 12:10 pm
By Chito Chavez
A UN human rights advocate has expressed fears that the ouster of Supreme Court (SC) Chief Justice Ma. Lourdes Sereno threatens the country’s judicial independence.
Maria Lourdes Sereno (photo by Ali Vicoy)
Diego Garcia Sayan of Peru, UN Special Rapporteur on the independence of judges and lawyers, noted that despite the denials of President Duterte that he was involved in the ouster of
Sereno, the fact is that the decision in the quo warranto case against the Chief Justice was issued two days after the president demanded her resignation.
The SC decision came as if on cue, the UN special rapporteur noted, and this should send a chilling message to other SC justices and members of the judiciary that they could no longer enjoy judicial independence.
However, Duterte said late Saturday night that Sayan had no business interfering in Philippine internal matters and he could thus "go to hell."
"He is not a special person, and I do not recognize his rapporteur title," declared Duterte, who was at the Ninoy Aquino International Airport, on his way to an official visit to South Korea.
"Tell him not to interfere in the affairs of my country," he added.
On May 11, 2018, SC voted 8-6 to remove Maria Lourdes Sereno from her job on the ground she had failed an "integrity test" by not submitting all of her statements of assets, liabilities and net worth (SALNs.)
Sereno was appointed as SC Chief Justice in 2012.
“The decision of the SC was issued two days after the President of the Philippines publicly threatened the Chief Justice by saying that she was his enemy and that she should be removed from her job or resign,” said Sayán.
“The unprecedented decision of the SC seems directly related to the threats made against the Chief Justice in relation to her professional activities in defense of the independence of the judiciary,” Sayan argued.
Duterte has denied having had a hand in the quo warranto petition resulting in her dismissal.
“The derogatory statements and threats by President Duterte, which have been televised, broadcast on radio, and carried by newspapers, constitute a vicious attack on the independence of the judiciary,” Sayán said.
“Not only do they constitute direct intimidation of the Chief Justice; they also appear to have had have a ‘chilling effect’ on other Supreme Court justices, who may have been deterred from asserting their judicial independence and exercising their freedom of expression,” he added.
The human rights expert stressed that international human rights standards on the independence of the judiciary provide that it is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.
“Ms. Sereno’s only fault was to write a polite letter to the President expressing her concern on the premature announcement of an informal investigation against seven judges accused in August 2016 of involvement in illegal drug activities,” said Sayán.
On April 13, 2018, President Duterte called the Chief Justice 'ignorant,' 'dumb,' and a 'coward.'
The President recalled how she had called on judges whom he had publicly declared to be involved in illegal drug activities not to surrender to authorities unless arrest warrants were issued against them.
“The use of such derogatory language against the highest-ranking magistrate in the country sends a clear message to all judges of the Philippines: in the so-called ‘war on drugs,' you’re either with me or against me,” the UN expert said.
On May 30, Sereno filed a motion for reconsideration before the SC, alleging that the Supreme Court decision of May 11 was “null and void” because it violated her right to due process.
“The right to a fair trial presupposes the existence of an independent and impartial tribunal. It is high time to adopt concrete measures to restore judicial independence, which is enshrined in the national constitution as well as in international human rights treaties” Sayan noted.
Sayan has relayed his concerns to the government and will continue following to do so based on new developments on the very sensitive matter.
Maria Lourdes Sereno (photo by Ali Vicoy)
Diego Garcia Sayan of Peru, UN Special Rapporteur on the independence of judges and lawyers, noted that despite the denials of President Duterte that he was involved in the ouster of
Sereno, the fact is that the decision in the quo warranto case against the Chief Justice was issued two days after the president demanded her resignation.
The SC decision came as if on cue, the UN special rapporteur noted, and this should send a chilling message to other SC justices and members of the judiciary that they could no longer enjoy judicial independence.
However, Duterte said late Saturday night that Sayan had no business interfering in Philippine internal matters and he could thus "go to hell."
"He is not a special person, and I do not recognize his rapporteur title," declared Duterte, who was at the Ninoy Aquino International Airport, on his way to an official visit to South Korea.
"Tell him not to interfere in the affairs of my country," he added.
On May 11, 2018, SC voted 8-6 to remove Maria Lourdes Sereno from her job on the ground she had failed an "integrity test" by not submitting all of her statements of assets, liabilities and net worth (SALNs.)
Sereno was appointed as SC Chief Justice in 2012.
“The decision of the SC was issued two days after the President of the Philippines publicly threatened the Chief Justice by saying that she was his enemy and that she should be removed from her job or resign,” said Sayán.
“The unprecedented decision of the SC seems directly related to the threats made against the Chief Justice in relation to her professional activities in defense of the independence of the judiciary,” Sayan argued.
Duterte has denied having had a hand in the quo warranto petition resulting in her dismissal.
“The derogatory statements and threats by President Duterte, which have been televised, broadcast on radio, and carried by newspapers, constitute a vicious attack on the independence of the judiciary,” Sayán said.
“Not only do they constitute direct intimidation of the Chief Justice; they also appear to have had have a ‘chilling effect’ on other Supreme Court justices, who may have been deterred from asserting their judicial independence and exercising their freedom of expression,” he added.
The human rights expert stressed that international human rights standards on the independence of the judiciary provide that it is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.
“Ms. Sereno’s only fault was to write a polite letter to the President expressing her concern on the premature announcement of an informal investigation against seven judges accused in August 2016 of involvement in illegal drug activities,” said Sayán.
On April 13, 2018, President Duterte called the Chief Justice 'ignorant,' 'dumb,' and a 'coward.'
The President recalled how she had called on judges whom he had publicly declared to be involved in illegal drug activities not to surrender to authorities unless arrest warrants were issued against them.
“The use of such derogatory language against the highest-ranking magistrate in the country sends a clear message to all judges of the Philippines: in the so-called ‘war on drugs,' you’re either with me or against me,” the UN expert said.
On May 30, Sereno filed a motion for reconsideration before the SC, alleging that the Supreme Court decision of May 11 was “null and void” because it violated her right to due process.
“The right to a fair trial presupposes the existence of an independent and impartial tribunal. It is high time to adopt concrete measures to restore judicial independence, which is enshrined in the national constitution as well as in international human rights treaties” Sayan noted.
Sayan has relayed his concerns to the government and will continue following to do so based on new developments on the very sensitive matter.