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Press Release to the Federal Supreme Court decision concerning the Marcos hidden wealth by the solidarity organization Gruppe Schweiz-Philippinen, B劃kerstrasse 25, 8004 Z殲ich, Switzerland. Phone/Fax 0041-1-2419215 or 0041-61-3226984, email drilling@ubaclu.unibas.ch On 12 December 1997 the Federal Supreme Court suspended the decision of the State Supreme Court of Zトrich and thereby opened the possibility to transfer 100 million dollars of the frozen Marcos hidden wealth at a first instance. The Zトrich-based solidarity organisationGroup Switzerland Philippines (GSP), which is in close contact with the Claimants 1081 (the representative organisation of the victims of torture of the Marcos era located in Manila) and which represents the interests of the 10'000 claimants, is deeply concerned about the particular decision. In the following, the concerns shall be explained: 1 In 1995 the State Supreme Court of Hawaii decided that the claimants were to be given indemnities amounting to 2.1 billion dollars taken from the Marcos fortunes. In the Philippines this decision was hardly taken notice of. Representatives of the claimants have never been included in any negotiations between the governments of the Philippines and Switzerland. On the contrary, from 1993 to 1995 the chairman of the Presidential Commission on Good Government (PCGG), Magtanggol Gunigundo, was commissioned by the government to negotiate with the Marcos family to come to a mutual understanding and end the litigation. The parties came to a 25% to 75% agreement, according to which the Marcos family were to receive 25% of the total amount, if they were to renounce any further claims of property. They were guaranteed immunity for the past and the future, the termination of the criminal proceedings and the restoration of any assets in the Philippines and abroad. The document also mentions the claimants: they were to be given indemnities of a total of 50 million dollars. This deal was discovered at the last moment. Despite this piece of scandal, there haven't been any consequences within the government. 2. Lately, the economic crisis led to the need of the Philippine Government to receive foreign currency. Therefore, some senators have petitioned with the President of the Philippines Fidel Ramos and have asked him to re-enter negotiations with the Marcos family to end the litigation at last. The Marcos family made use of this and now demanded a 49% to 51% agreement: the Marcos family were to receive 49% and the government were to receive 51%, out of which the claimants were to be compensated. The negotiations were held secretly. Representatives of the claimants were neither invited to any meetings nor asked about their opinion. 3. The Philippine Government has been discussing the possible use of the Marcos money for a long time. An existing law claims the money for a fund supporting the agricultural reform CARP. As a result, any indemnities to claimants would be made impossible. Lately, new plans have been discussed to include the funds in the current budget, or to use them to liquidate international debts. Consequently, in neither case would the claimants be given any direct compensation. 4. During the eras of Corazon Aquino and Fidel Ramos, criminal proceedings against military people who have committed human rights violations during the Marcos era have never been seriously persecuted. It is a demand of the People's Organisations of the Philippines, to be able to come to terms with the past to persecute and to punish consequently those who are responsible for the death of thousands of people. In this context, our partnership organisations regularly point at the past of important government officials: In 1972 President Ramos (as the General Chief of Staff) and his minister Ponce Enrile (as the Secretary of Defense) had a major share in the exclamation of the martial laws, which led to arbitrariness and military dictatorship. Consequently, they both would have to stand before court. Claimant 1081 and GSP have doubts that today's government is honestly interested in any judicial proceedings against the violators and in paying full indemnities to the claimants. 5. Until today the Philippine Government hasn't done anything to support organisations who are documentating the crimes of the Marcos era, who systematize biographies or who are trying to locate the victims' present day place of residence. For the last three years Claimants 1081 has been looking after the families of victims of torture and has offered psychological assistance. The organisation has never received any support, neither financially nor idealistically. How does a government want to pay indemnity money to 10'000 victims of torture not knowing where the victims live and ignoring to cooperate with their representatives? 6. The decision of the Federal Supreme Court of Switzerland has been made at a stage in which the Philippine organisations have been coming up with new data that could incriminate President Fidel Ramos. Recently, one of the victims' lawyers, Jonathan Swift, has come up with the information of the existence of another 10 billion dollars of the Marcos funds in Switzerland: 62'000 gold ingots are said to have been transfered to Swiss banks by Ferdinand Marcos. In this context, Swift accuses the Julius Bノer Bank and the United Bank of Switzerland. According to Swift, even Fidel Ramos is said to be one of the bank account holders. So far, Swift hasn't come up with any evidence of this allegation. Still, what kind of credibility do the words of a president have who is personally involved in the affair of the Marcos hidden wealth? The GSP is deeply worried about the Federal Supreme Court decision. The experiences and the concern for the claimants and their representatives in the past years have aroused fears that once again the people who have no influence on governmental decisions will come off the loser, although, a legitimate claim for 2.1 billion dollars exists. For nearly 11 years all concerned parties, including the Swiss Government, have had plenty of time to deal with the question of what should happen once the money was to be transfered to the Philippines. The question has been postponed again and again. Switzerland could have played the central role as the neutral mediator urging every party to partake in fair negotiations. Unfortunately, the Swiss Government has failed to take the opportunity. The GSP is of the opinion that the task of the Swiss Government cannot be reduced to the returning of the funds deposited on Swiss banks under certain conditions. The Government could have and should have taken the responsibility and played the mediating role, taking into account the knowledge of the controversy between the different interests in the Philippines and the understanding of political structures of the Philippines. It would have been a sign of visible responsibility - a sign the claimants have been waiting for a long time. Matthias Drilling, Director of GSP Matthias Drilling, Im Davidsboden 8, CH-4056 Basel, Tel./Fax +41-61-3226984 |