Fwd: Statement to the Dutch Court of Appeals By Prof. Jose Maria Sison

WHY I STAY IN THE NETHERLANDS
TO CARRY OUT MY LEGAL DEFENSE
Statement to the Dutch Court of Appeals

By Prof. Jose Maria Sison
The Hague, The Netherlands
26 September 2007

Your Honors:

As early as July, I was able to get an appointment with a cardiologist
to examine my heart condition on this day starting at 3:40 p.m. Out of
respect for your court, I decided this morning to postpone the
medical appointment and to attend this hearing.

Let me declare my reasons for staying in The Netherlands and carrying
out my legal defense. I wish to dispel the fears of the prosecution
that I would run away from my own legal defense against a patently false
and politically motivated charge originating from the Manila government.

1.I am innocent of the charge of ordering or inciting the killing of
Kintanar and Tabara. I have no power or authority to make this happen
in any way. Since 1977, when I was arrested and detained by the Marcos
fascist dictatorship, I have lost the position of Chairman of the
Central Committee of the Communist Party of the Philippines. It is
against my moral and political principles to settle any difference of
ideas through violence. I am a political scientist and teacher who loves
and enjoys the exchange of ideas.

2.Because of my innocence of the charge, there can never be any direct
or sufficient evidence to make me culpable in any way for the killing of
Kintanar and Tabara. Given the opportunity to collect and present
exculpatory evidence under the rule of fair play, I am sure and
confident of being able to debunk the false testimonies against me,
including the obvious multiple hearsay, speculations, conjectures,
rumors and presumptions.

3.I have gained so much confidence in the Dutch legal system, especially
after the decision of the Rechtbank finding insufficient evidence and
releasing me from detention. I am aware that proof beyond reasonable
doubt is required for the punishment of anyone for murder.

4.The charge against me is false and politically motivated. It started
with the Philippine foreign secretary Alberto Romulo dumping on the
Dutch justice ministry allegations and papers against me in 2005 when he
came to The Netherlands. It did not originate from any discovery of
wrongdoing by me in The Netherlands. It originated from the Manila
government, which provided the witnesses and papers to the Dutch
investigators. Nevertheless, it is a mere recycling of the Kintanar and
Tabara incidents which were previously described as specific acts of
rebellion by the Philippine prosecutors up to the level of the Solicitor
General. These were wastebasketed by the Philippine Supreme Court when
it nullified the charge of rebellion against me and 50 others last
July. It is extremely anomalous that I am charged with ordering or
inciting murder in connection with the Kintanar and Tabara incidents,
which have been categorized as acts of rebellion by the Philippine
authorities which have the jurisdiction rather than the Dutch government.

5.While attending to my legal defense, I am desirous of performing my
role as chief political consultant of the NDFP Negotiating Panel in
peace negotiations with the Government of the Republic of the
Philippines and in pushing the implementation of the Comprehensive
Agreement on Respect for Human Rights and International Humanitarian
Law. Expected in the coming months are the visits to the NDFP
Negotiating Panel by a delegation of the Philippine Senate's Committee
on Peace and Reconciliation, officials of the Norwegian foreign
ministry and representatives of human rights, religious and business
organizations interested in the protection of human rights and
attainment of a just peace in the Philippines.

6.It is in connection with my role as chief political consultant of the
NDFP Negotiating Panel that I have a wide array of publications,
documents and drafts in my files and library collection. These include
materials related to the GRP, including the Office and Cabinet of the
President, Armed Forces of the Philippines (AFP) and the Philippine
National Police (PNP); the NDFP, including the CPP, NPA and other allied
organizations; and various political forces in the Philippines and
abroad. So that I can resume performing my role in the peace
negotiations,I wish to reconstitute my files and library collection
which have been disrupted by the raids and seizures. From the records
of the GRP-NDFP peace negotiations,I wish to belie the claim of a
former PNP intelligence officer that I ordered the release of the
prisoners of war or captives held by the NPA. These captives were
released as goodwill measure upon the negotiations and mutual agreement
of the GRP and NDFP Negotiating Panels.

7.The only way I can build my legal defense and overcome the big
headstart of the police and prosecution against me is being out of
detention. Please consider that the Philippine authorities started to
deliver materials against me in 2005 and the Dutch police started to do
its investigation in 2006. It is a matter of justice and fair play that
I be given the opportunity to catch up in building my legal defense.

8.I have no material resources and I am not in any fine health to be
able to live the life of a fugitive. I have no choice whatsoever but to
pursue my legal defense against the false and politically motivated
charge. This is a weak because baseless charge. I have full confidence
in being able to debunk it completely.

9.I am not in any position to threaten any witnesses. The witnesses
against me, who are in the Philippines, are protected by the Philippine
authorities. On the other hand, it is the witnesses in my favor who are
threatened and disadvantaged by the Philippine government, which has
become notorious for gross and systematic human rights violations.

10.I thank the institutions, parties, organizations, personages and the
broad masses of people in The Netherlands who have expressed solidarity
and support for me, criticized my detention and demanded my release.
They belie the claim of the prosecution that I have shocked and
frightened Dutch society.

Thank you for letting me speak.###

Note: Prof. Jose Maria Sison was able to read the statement up to the
end of No. 5 above before the Court of Appeals.