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B6-0604/2005
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MOTION FOR A RESOLUTION

14.11.2005

pursuant to Rule 115 of the Rules of Procedure
by Frithjof Schmidt, Raúl Romeva, Hélène Flautre
on ◄behalf of the Green/EFA Group►
on ◄ the Philippines►

Procedūra : 2005/2647(RSP)
Procedūros eiga plenarinėje sesijoje
Dokumento priėmimo eiga :  
B6-0604/2005
Pateikti tekstai :
B6-0604/2005
Debatai :
Priimti tekstai :

B6-0604/2005

European Parliament resolution on ◄the Philippines►

The European Parliament,

- having regard to its previous resolutions calling for the abolition of the death penalty and for a moratorium on executions in the meantime,

–  having regard to the EU guidelines on the death penalty adopted by the Council on

6 June 1998,

– having regard to the Commission Communication of 8 May 2001 on the European

Union's role in promoting human rights and democratisation in third countries

(COM(2001) 252), which identifies the abolition of the death penalty as one of the

thematic priorities for assistance under the European Initiative for Democracy and Human

   Rights,

-  having regard to the letters by Mr. Barroso, President of the European Commission and Mr. Borrell, President of the European Parliament, asking for a revision of the trial of Francisco Larrañaga,

-  having regard to the obigations by the Philippines under the UN treaties which the country has ratified and notably the Convention Against Torture

-  having regard to Rule 115 of the Rules of Procedure,

A. Whereas former Philippines President Estrada implemented a moratorium on the death penalty in March 2000,

B. Whereas current President Macapagal Arroyo announced the lifting of this moratorium as of 1 January 2004,

C. Whereas over a thousand prisoners are being recorded on death row in the Philippines, including the European citizen Francisco Larrañaga, and whereas 18 offenders under death sentence committed the alleged offences when they were under the age of 18

D. Whereas Mr. Larrañaga in July 1997 at the age of 19 was sentenced to two consecutive life sentences for kidnap and false imprisonment of two sisters and whereas the Supreme Court in February 2004 added rape and homicide to his alleged crimes and commuted the life imprisonment into the death sentence combined with a high indemnation fee to be paid to the victims' heirs

E. Whereas despite the fact that Mr.Larrañaga's case carries all caracteristics of an unfair trial according to international law standards, the death penalty was confirmed in July 2005,

F. Whereas criminal suspects are frequently arrested unlawfully without warrant, suspect to torture, held incommunicado and denied access to lawyers for prolonged periods

G. Whereas killings and extrajudicial executions particularly of criminal suspects are frequent such as was the case for the journalists Edgar Damalerio and Sonny Alcantara who were killed in suspicious circumstances in May and August respectively

H. Whereas despite an extensive range of institutional and procedural safeguards, complaints mechanisms and legal sanctions, suspected perpetrators of serious human rights violations were rarely brought to justice and a climate of impunity persists

I. Whereas the rights of victims of torture and other human rights violations to receive prompt, effective and impartial investigations of their complaints continued are being curtailed, and public confidence in existing complaints bodies, including the Commission on Human Rights and the Office of the Ombudsman, remain low

1. Endorses all international initiatives which would lead to abolishment of capital punishment worldwide namely United Nations Commission on Human Rights resolution 2005/59 on "The question of the death penalty" and The Second Optional Protocol to the International Covenant on Civil and Political Rights, and reiterates its call for the universal abolition of the death penalty, and in the meantime for the establishment of a moratorium on executions;

2. Calls on the President of the Philippines to reverse her decision to end the moratorium on the death penalty and urgently calls on the Philippines Congress to repeal the law on the re-introduction of the death penalty;

3. Calls on President Arroyo to reprieve Francisco Larrañaga and the other prisoners on death row, particularly the 18 child offenders

4. Strongly criticizes the prevailing situation of human rights abuses, arbitrariness and impunity in the legal and security system

4. Calls on the Philippine Government and Parliament to take radical steps for the reform of its law enforcement and criminal justice system

4. Calls on the Council and the Commission to consider the abolition of the death penalty and a universal moratorium on executions as an essential element in relations between the EU and third countries, raising this issue when concluding or renewing agreements with third countries;

5. Instructs its President to forward the present resolution to the EU Council, the Commission, the Government and Parliament of the Philippines and the other governments of ASEAN.