“The NDF represented by Mr. Luis Jalandoni has protested that the arrest is illegal since both Wilma and Benito are covered by JASIG (Joint Agreement on Safety and Immunity Guarantees). The GPH panel believes otherwise. There has been no violation of the JASIG in these cases,” it said in a statement.
Palace spokesman Edwin Lacierda also explained that since the identities of NDF leaders and consultants covered by the Joint Agreement on Safety and Immunity Guarantees has been inaccessible due to a corrupted diskette, it is no longer operative.
“Hindi po operative ang JASIG po ngayon dahil nga po hindi ho mabuksan ‘yung files. Matatandaan po ninyo, nasabi na rin po ‘nung binubuksan po ‘yung files ay hindi ho nila mabuksan. Sila po ang nagbigay ng listahan ng JASIG list po. It’s in a diskette, it can no longer be decrypted, so it was not our fault,” Lacierda said in an interview aired over state-run dzRB.
The Office of the Presidential Adviser on the Peace Process explained that since the names of those on the JASIG list are unknown at the moment, it cannot be verified if Benito Tiamzon was indeed on the list.
“The NDF and the GPH agreed to a procedure in July 2011 to verify the true identities of several dozen alleged NDF consultants in the list of JASIG–protected individuals carrying aliases. But through no fault of government, the NDF failed to open their own files that purportedly contained the photos and true identities of the said NDF consultants. This failure had the effect of rendering the JASIG inoperative for those using aliases and those who are not directly involved in the peace process. If indeed Benito Tiamzon was listed under an alias, he is no longer covered by the JASIG,” they said.
The OPAPP added that the NPA claim that the Tiamzons are protected by the JASIG while failing to produce the said list was “ridiculous.”
“To sustain their claim to JASIG protection is ridiculous because that would mean they can wage war and violence against government and when caught, claim JASIG protection and expect to be released. It is even more outrageous considering that the peace negotiations have not moved for over a year now. And while we continue to be open to the resumption of the talks, last December, the CPP called for the overthrow of the Aquino government, saying they will just wait for a new administration before they go back to the table,” the OPAPP said.
Formal talks with the NDF have been stalled for more than two years, due to the CPP-NPA’s failure to submit an official list of names of negotiators covered by immunity.
The JASIG, signed on Feb. 24, 1995, provides immunity to rebels who are participating in the talks.
Meanwhile, human rights group Karapatan hit the arrest of the Tiamzon couple, saying it was a “kick in the bucket of peace.”
“This is another case of the government’s deceit in dealing with [its] counterparts in the peace negotiations. The GPH completely ignored previously signed agreements with the NDFP, especially the JASIG,” Karapatan said.
“This is not the first time. In fact, there are 12 NDF peace consultants who are in jail because of trumped-up criminal charges. Also, there are 10 NDF consultants who are victims of enforced disappearance,” said Karapatan secretary general Cristina Palabay. — Patricia Denise Chiu/JDS, GMA News
