Judges and lawyers are important actors in the effective dispensation of justice. To threaten judges and lawyers is to threaten the rule of law and the protection of human rights.
The Commission on Human Rights (CHR) supports the recent action of the Supreme Court denouncing those who “incite violence through social media and other means which endanger the lives of judges and their families.” This recent move from the High Court came after the acknowledgement of statements made by Ms Lorraine Badoy containing threats against Judge Magdoza-Malagar of the Manila Regional Trial Court, Branch 19.
CHR likewise welcomes the assurance from Chief Justice Alexander Gesmundo that courts and judges “are able to perform [their] duties free from any threat, harassment, undue influence, coercion, and, certainly, any form of violence.” Speaking during a convention of Metropolitan and City Trial Judges, the Chief Justice guaranteed: “You can count on us.”
We note that these recent actions of the Supreme Court are in consonance with the United Nation (UN)’s recognition of the indispensable role of the members of the legal profession in the administration of justice.
The UN Commission on Human Rights Resolution 1996/34 underscored that “an independent and impartial judiciary and an independent legal profession are essential prerequisites for the protection of human rights and for ensuring that there is no discrimination in the administration of justice.”
As the country’s independent national human rights institution, CHR relies on the wisdom of our courts in adjudicating cases of alleged human rights violations so that perpetrators may be held to account and victims and their families receive the justice they deserve.
CHR has been vocal in calling out and investigating threats and other forms of violence, including incidences of red-tagging, committed against lawyers, prosecutors, and judges who were responding to their duty to uphold the rule of law. We cannot further stress the importance of protecting the independent work of the Judiciary and the legal profession as a whole.
As such, we urge the government to do its part. The Basic Principles on the Independence of the Judiciary, adopted in 1985, charges the State the obligation to guarantee the independence of the judiciary, as similarly detailed in our 1987 Constitution. This call includes the prompt and effective investigation and pursuit of cases by the security sector on threats and offenses received not only because they are members of the legal profession, but foremost, because they are humans similarly entitled of the State’s protection.
It can also be recalled that in March 2021, the Supreme Court condemned killings of lawyers, prosecutors, and judges and committed to effect institutional changes to improve means to protect them. CHR echoes it support to this measure and rallies behind members of the judiciary and the legal profession who are dutifully responding to their sworn mandates.
CHR, for its part, will continue its independent investigations to aid in the protection of the members of the legal profession. In a time when there is a sustained call for justice, let us not allow any effort to undermine the justice system left unchecked. A country cannot claim the rule of law when even members of the legal profession are threatened and violated. ###