IPU Logo-top>>> VERSION FRANÇAISE  
 IPU Logo-middleInter-Parliamentary Union  
IPU Logo-bottomChemin du Pommier 5, C.P. 330, CH-1218 Le Grand-Saconnex/Geneva, Switzerland  

PHILIPPINES
CASE N° PHI/07 - ANTONIO F. TRILLANES

Resolution unanimously by the IPU Governing Council at its 186th session
(Bangkok, 1 April 2010)


The Governing Council of the Inter-Parliamentary Union,

Referring to the case of Senator Trillanes of the Philippines, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/186/12(b)-R.1), and to the resolution adopted at its 185th session (October 2009),

Taking into account the letter from Senator Juan Miguel Zubiri, majority leader and Chairman of the Committee on Rules, dated 14 January 2010,

Recalling that Senator Trillanes was elected in May 2007 while in pretrial detention, having been arrested in 2003, and that his detention conditions prevent him from participating meaningfully in the work of the Senate and exercising his mandate; that the Senate has consequently sought to amend its Rules to allow Senator Trillanes to participate in its work,

Recalling that, in November 2008, a majority of Senators proposed Resolution No. 765 "Amending the rules of the Senate by incorporating a rule to allow Senators to participate in Senate sessions, hearings and/or meetings through remote or electronic means …", and noting the following: in its recently submitted report on the proposed resolution, the Senate Committee on Rules recommended that a duly elected Senator under judicial detention before sentencing be allowed to participate in any committee proceedings through remote or electronic means subject to permission granted by the court, but that he/she may not participate in Senate plenary sessions as the Constitution requires physical presence and that he/she can only do so if authorized by the court having jurisdiction over his/her case; the resolution was being circulated for signature and, according to Senator Zubiri's letter, will be submitted to the Senate plenary for full and final deliberations,

Considering that, in his letter, Senator Zubiri observed that the question of Senator Trillanes's participation in parliamentary proceedings constituted a landmark legal question as no single parliament in the world allows a member who is legally detained to participate in parliamentary activities through remote or electronic means; noting in this regard that, in a number of countries, legally detained parliamentarians may be allowed to attend parliament and participate in its work,

Recalling, with regard to the proceedings in the attempted coup d'état case, that after almost five years the prosecution finished presenting its evidence and that it is now the turn of the defence to present its evidence; that, thereafter, both sides will be given the opportunity to present rebuttal evidence and that consequently the proceedings may still last for several years,

Bearing in mind that the Philippines is a party to the International Covenant on Civil and Political Rights (ICCPR), which enshrines fair-trial guarantees and that, as a member of the United Nations Human Rights Council, it has pledged to uphold the highest standards of human rights,

  1. Thanks Senator Zubiri for the information he provided;

  2. Earnestly hopes that Resolution 765, as amended, will now be adopted urgently by the Senate plenary and that the competent court will give the necessary authorization for Senator Trillanes to participate in parliamentary committee work at least;

  3. Observes that, so long as Senator Trillanes is prevented from exercising his parliamentary mandate, not only is his right as a member of parliament gravely impaired but so also are the rights of the more than 11 million voters who elected him and remain without representation in parliament, which situation impairs the Senate's capacity to represent the people;

  4. Remains deeply concerned that Senator Trillanes has now been on trial and been kept in detention for six and a half years, which, in the light of international jurisprudence, violates his fundamental rights under Article 9, paragraph 3, and Article 14, paragraph 3(c), of the ICCPR;

  5. Recalls once again that it is a well-established principle that a person must be released pending trial unless the State can show that there are relevant and sufficient grounds for continued detention; continues to believe that there are ample grounds, especially in the light of judicial precedent, for Senator Trillanes's release pending trial, and calls on the authorities to release him pending trial;

  6. Reiterates its wish to ascertain whether parliament has launched any investigation into the allegations of graft and corruption within the Armed Forces made by Senator Trillanes and his co-accused;

  7. the Secretary General to convey this resolution to the authorities and to the sources of information;

  8. Requests the Committee to continue examining this case and report to it at its next session, to be held on the occasion of the 123rd IPU Assembly (October 2010).
Note: you can download a complete electronic version of the brochure "Results of the 122nd IPU Assembly and related meetings" in PDF format (file size 649K approximately). This version requires Adobe Acrobat Reader, which you can download free of charge.Get Acrobat Reader

HOME PAGEred cubeHUMAN RIGHTSred cubeMAIN AREAS OF ACTIVITYred cubeIPU STRUCTURE AND DOCUMENTS