Supreme Court grants writ of amparo and habeas data petitions for abducted indigenous rights defenders
The Supreme Court has granted the petition for a writ of amparo and habeas data filed by the families of indigenous rights defenders Dexter Capuyan and Roz Jamil “Bazoo” De Jesus. The court published the resolution dated September 9 only last week. It granted a Temporary Protection Order to the families of the victims.
State forces abducted Capuyan and De Jesus on the night of April 28, 2023, at Golden City, SM Hypermarket in Taytay, Rizal. According to reports, two unknown men forcibly loaded them in a vehicle.
From the investigation, the families of the victims and human rights groups strongly believe that state forces were responsible for the abduction. The Armed Forces of the Philippines (AFP) previously accused Capuyan of being a leader of the New People’s Army (NPA) in the Ilocos-Cordillera region and placed a ₱1,850,000.00 bounty for his capture. He was charged with murder, frustrated murder, and attempted murder.
“The issuance of these writs by the Supreme Court is a significant step in the legal battle to uncover the truth, ensure justice, and ultimately locate Capuyan and De Jesus,” said the victims’ lawyer from La Viña Zarate & Associates.
The writ of amparo is a legal remedy for individuals whose rights to life, liberty, and security have been violated or are under threat of “unlawful action or inaction by a public official or employee, or by a private individual or entity.” Meanwhile, the writ of habeas data compels state forces to disclose all information they possess regarding the abducted individuals.
The lawyers said the court’s resolution compels the respondents, including high-ranking officials of the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP), the Criminal Investigation and Detection Group (CIDG), and individuals such as Lorraine Badoy and Jeffrey Celiz [of the National Task Force-Elcac], who are linked to the case, to provide detailed information concerning their actions, data, and other details related to the disappearance of Capuyan and De Jesus. They are also prohibited from approaching the families of the victims.
“The case will be raffled in the Court of Appeals in the coming weeks,” the lawyers stated. The victims’ families are prepared to testify in court to present their testimony at the upcoming hearings.
Human rights groups and supporters of Capuyan and De Jesus welcomed the Supreme Court’s resolution. According to the Environmental Defenders Congress, “the issuance of the writ also highlights the urgent need to dismantle the NTF-ELCAC, which has been central to the red-tagging and the targeting of activists and environmental defenders.