Go drown yourself, Norby
JMS walks free! (mabuti naman, kasi ang hirap mag-boycott ng lahat ng products ng Unilever, harharhar!) It’s like Christmas came early! This is such a huge relief! Five stars! Happy-happy-happy!
My mom and sister and I are going to watch ‘Avenue Q’ this evening in Makati, and only a few days back I wasn’t feeling so enthusiastic about it because, well, so many unhappy things happening all at once, but now! Now there’s a little sunshine coming through the thick black curtain of clouds and we can smile and laugh as we march the streets if only on this one day because a great and good man was released from unjust incarceration.
Gad, Norberto Gonzales is such a dope. He should do the world a favor and commit suicide. Now instead of admitting that he and Gloria celebrated much too early and admitting that the so-called evidence he provided the Dutch authorities is actually worth zilch, he’s saying that he has heard it from a very reliable source that the NPA has planned something big in Manila (what, a rock concert in the Araneta? They’re singing with the Black-eyed Peas? They’re sponsoring a cooking contest in Ortigas?).
Okay, okay, so maybe it won’t do good to be too happy because the battle is faaaaar from over and AFP and the National Security Council’s bloodthirst has yet to be slaked and Oplan Bantay Laya II is still in operation. But still! Emerald and cranberry fireworks! Play the Sesame Street Soundtrack full blast! I will go out and eat pistachio ice cream and sing while I walk and the rain is a blissful benediction. JMS is free, and on this day, we rejoice.
—
DISTRICT COURT OF THE HAGUE CRIMINAL LAW SECTION
Public Prosecutor’s Office number: 09.750006-06
On 7 September 2007, the Public Prosecutor submitted demand aiming at an order to be issued for detention of: [the accused] 
born in [place of birth] on [date of birth] currently held in the remand prison in The Hague (Unit 1). The Court has examined the documents in this case. On 7 September 2007, the accused and his counsel, as well as the Public Prosecutor were heard in camera.
The accused was remanded in custody on the charges of participation of, alternatively incitement to the intentional and premeditated murders of [R.K.] on 23 January 2003 (count 1), [A.G.T.] and/or [S.A.O.] on 26 September 2004 (count 3) as well as the attempts to do so of [R.M.] and/or [E.R. y M.] on 23 January 2003 (count 2).
The Public Prosecution Service takes the point of view that prior to, and at the time of, the commission of these serious offences, the accused was the chairman of the Communist Party of the Philippines (CPP) and the Central Committee (CC), being a party body within the CPP, as well as that within the party structure, the CC takes the decisions and that the accused, being the chairman of both the CPP and the CC, for that reason may be held criminally responsible for the offenses.
With regard to the question to be answered primarily, to wit if there are grave presumptions as provided for in article 67, third paragraph of the Code of Criminal Procedure, the Court considers the following. It is certain that the acts concerned were committed in the Philippines. In the opinion of the Court, it is clear from the investigation that the said acts related to disagreements within the CPP and that the decision to commit these offences was made within the party structure of the CPP, in which other persons and bodies were also involved. The question that will have to be answered is if, and if so, in what way, the accused was involved and may be considered as a co-perpetrator of these acts.
In order to assume participation in the commission of acts within the meaning of article 47 of the Penal Code, there should be deliberate and close co-operation and a joint commission of the offence. The police files submitted to the court include many indications for the point of view that the accused has been involved in the CC of the CPP and her military branch, the New People’s Army (NPA). There are also indications that the accused is still playing a leading role in the (underground) activities of the CC, the CPP and the NPA.
Without prejudice to the justified suspicion that the accused during the period described in the charges played a leading role in the aforementioned organisations, the files nevertheless do not provide a sufficient basis for the suspicion that the accused, while staying in the Netherlands, committed the offences he is charged with in deliberate and close co-operation with the perpetrators in the Philippines.
For that reason, the Court considers that the grave presumptions with regard to participation in the commission of the murders are not present. Neither can indications be found for the presence of grave presumptions with regard to incitement to these offences. The statements of the widows and the marksmen, to which the Public Prosecution Service appeals, only refer to the fact that they assume that the murders have been committed by order of the CC of the CPP and therefore an order originating from the accused being the chairman. However, that is insufficiently concrete to consider that grave presumptions are present.
The grounds that have led to the remand in custody of the accused are not, in any case no longer, present in the opinion of the Court, so that the demand should be rejected and the remand in custody should be terminated with immediate effect.
DECISION :
The Court rejects the demand of the Public Prosecutor and recommends
termination of the accused’s remand in custody.
MESSRS. POUSTOCHKINE LL.M., president, SCHAAF LL.M. and STEENHUIS
LL.M., judges in the presence of MS KOK LL.M., clerk of the court,
pronounced this decision in camera in this Court on 13 September 2007.
–
(This was read by Professor Sison during a press conference at the reception/celebration prepared by his friends and supporters held the NDFP International Information Office in Utrecht, The Netherlands, today, Sept. 13. This is Professor Sison’s first public appearance after his release from detention this morning. The Free Joma Sison Campaign Committee has announced also that the campaign to defend Profesor Sison will continue.)
From: DEFEND
Statement on My Release from Detention
By Prof. Jose Maria Sison
13 September 2007
Friends, Warmest greetings!
I am deeply pleased and thankful that the Rechtsbank has decided to release me from detention. You cannot imagine how happy I am. It is extremely painful and humiliating to be subjected to solitary confinement and tough interrogation under overheated lamps. The ordeal is acute because I am innocent of the false and politically-motivated charge leveled against me.
I have nothing to do with any murder. This is against my moral and political principles. I am a teacher by profession who loves the exchange of ideas towards common understanding and practical cooperation. I have long devoted myself to the advocacy of human rights and work for a just peace in the Philippines. I cannot go into the facts and arguments concerning my case. It is my lawyer Michiel Pestman who is competent to give you the information that you need.
Consequent to the release order of the Rechtsbank, I gain some confidence in the Dutch legal system. I have the opportunity to prove my innocence and continue to benefit from fair play. I feel somehow vindicated in choosing The Netherlands as my place of refuge from persecution in the Philippines. I also wish to thank the Dutch, Filipino and other peoples for their solidarity and support.
I will stay in the Netherlands with my wife and my two children who are already independent. I will conduct my legal defense and further clear my name. I will continue to exercise my freedom to speak and other democratic rights. I will continue to work for national freedom, human rights, social justice and an enduring, because just, peace in the Philippines.
I will continue to abide by the laws of the Dutch state and further develop solidarity with the Dutch people whose friendship and kindness I have enjoyed for more than 20 years. Thank you.#
