Jose Maria Sison - Arrest

Arrest

The International Crime Investigation Team of the Dutch National Criminal Investigation Department arrested Jose Maria Sison in Utrecht on August 28, 2007. Sison was arrested for his involvement from the Netherlands in three assassinations that took place in the Philippines, the murder on Romulo Kintanar in 2003, and the murders of Arturo Tabara and Stephen Ong in 2006. On the day of his arrest, Sison's apartment and eight apartments of his co-workers were searched by the Dutch National Criminal Investigation Department.

Some 100 left-wing activists held a demonstration for the release of Sison, marching towards the Dutch embassy in Manila on August 30, 2007. The demonstration was ended by the police.

The trial will not be held in the Philippines, but in the Netherlands, since there is no extradition request and the crimes Jose Maria Sison is accused of were committed in the Netherlands. Jose Maria Sison will appear in court in The Hague on August 31, 2007. Dutch lawyer, Victor Koppe said that Sison will enter a plea of not guilty during his indictment on that day. He could face the maximum penalty of life imprisonment. The only person allowed to see Sison, lawyer Michiel Pestman met with him to prepare for the indictment. Sison (detained at the Scheveningen prison in The Hague) appeared before a court at the Palace of Justice and per decision, will remain in detention for 14 more days. The judgment was made after evidences were presented by the prosecution panel.

On September 1, 2007, National Democratic Front peace panel chair Luis Jalandoni confirmed that the Dutch government was "maltreating" Sison because the Court detained him in solitary confinement for 2 more weeks without access to media, newspapers, television, radio or visitors; it also denied him right to bring prescription medicines to his cell. The judge also scheduled another hearing on September 7 to rule if Sison would be released after 14 days or if his detention would be extended by another 90 days (the resolution can be appealed to the Dutch court of appeals). The place where Sison is to be jailed is the same one used by the late former Yugoslav president Slobodan Milosevic who was held for war crimes and corruption. Meanwhile, protests were held in Indonesia, Hong Kong, Australia, the United States and Canada, and the Communist Party of the Philippines (CPP) feared Sison may be “extra-judicially" transferred to the United States. CPP spokesman Gregorio Rosal said that the U.S. may detain and subject Sison to extraordinary rendition in Guantanamo Bay or some secret facility. U.S. ambassador Kristie Ann Kenney formally announced that the U.S. will extend support to the Dutch government to prosecute Sison.

In New York City, former United States Attorney General and left-wing human rights lawyer Ramsey Clark called for Sison's release and pledged assistance by joining the latter’s legal defense team headed by Jan Fermon. Clark doubted Dutch authorities' validity and competency, since the murder charges originated in the Philippines and had already been dismissed by the country's Supreme Court.

Committee DEFEND, an International group stated that the Dutch government tortured Sison at the National Penitentiary in Scheveningen (used by the Nazis in World War II to torture Dutch resistance fighters). His wife, Julie De Lima failed to see him to give medicines and warm clothes on August 30, 2007. Meanwhile, counsel of Sison Romeo Capulong will question the Dutch government's jurisdiction over the issue and person alleging that the Supreme Court of the Philippines already dismissed the subject cases on July 2.

On September 7, 2007, the Dutch court heard defense arguments for Sison, and stated that it would issue the resolution next week on whether to extend the detention. Supporters outside the Hague District Court chanted slogans while the wife, Julie De Lima stated that they complained to the International Committee of the Red Cross. Luis Jalandoni, chairman of the National Democratic Front accused the government of Prime Minister Jan Peter Balkenende of being "a workhorse" for Philippines President Gloria Macapagal Arroyo and for the U.S. government.

The National Lawyers Guild (NLG), a progressive bar association in New York headed by Marjorie Cohnhas, denounced the arrest Sison: “it exposes the hand of the Arroyo administration in yet another assault on the rights of the people to dissent and organize.” Sison will remain in jail until Thursday, but was provided TV, radio and medication.

On September 12, 2007, lawyers Edre Olalia and Rachel Pastores stated that Sison's lawyers will appeal the Dutch court’s newly promulgated ruling extending Sison's detention for 90 days.

Sison may is liable under violations of articles 47, 48, 140, and 289, Dutch Penal Code but had not been arraigned on any charge. On September 13, 2007, however, National Democratic Front chief peace negotiator Luis Jalandoni, confirmed that Sison’s lawyer Michiel Pestman said that: “It appears that the president of the chamber made the decision and called to say that there’s no extension.” Malacanang's National Security Adviser Norberto Gonzales stated that it was surprised by the Dutch government’s decision to release Sison from jail.