Writingspress statementsAdditional comment of Prof. Jose Maria Sison on the...

Additional comment of Prof. Jose Maria Sison on the DOJ petition to proscribe the CPP & NPA

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The NDFP lawyers are studying the DOJ petition to proscribe the CPP and NPA, especially how it prejudices the interests of NDFP components and constituency and kills any prospect of resuming peace negotiations with the GRP. The petition is definitely against the interest of the Filipino people who desire a just and lasting peace through negotiations and agreement on social, economic and political reforms.

I do not think that the CPP and NPA will approach the Manila RTC directly or through counsel. They would rather pursue the people´s war than do so. They adhere to the people´s democratic government, which has its own judicial system. But I presume that those individuals who are living legal lives and in prison will contest their inclusion in the Duterte´s fake list of terrorists.

In my case, I am protected as a recognized political refugee by the Refugee Convention and by Article 3 of the European Convention on Human Rights. The latter gives me absolute protection, especially me from deportation to the Philippines or to a third country and preempts my being put at risk of being subjected to torture and other cruel and degrading treatment which I had suffered under the Marcos regime.

I am also protected by the 2009 landmark decision of the European Court of Justice removing my name from the EU terrorist list and ruling that sanctions (freezing of bank account, withdrawal of social benefits, travel restrictions, etc.) were imposed on me since October 2002 without being priorly informed of the charge, without benefit of legal counsel and without availment of the court.

The false murder charges filed against me in 2007 in the Dutch judicial system were finally dismissed in 2009, despite the malicious and desperate efforts of the Arroyo regime to fabricate and supply to the Dutch government false testimonies against me. Recycling these false testimonies is futile.

The European Court of Justice ruled that I was not in any position to commit or engage in any conspiracy to commit acts of terrorism. The Dutch court also ruled that I was not in any position to commit or conspire to commit the crimes of murder in the Philippines. Both courts considered in my favor that I had been out of the Philippines for so long as a political refugee and that I could not be an operational leader of any organization in the Philippines.

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The Program of the CPP which is also synonymous with “Plan of Action”, can be construed as the respondent organizations’ “purpose for being,” or the very reasons for its establishment. A perusal of the foregoing Program, consisting of lofty ideals readily shows that the CPP-NPA is organized or exists, not for the purpose engaging in terrorism.

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