Civil liberties group cries foul over arrest of former ambassador

Lawyers of a civil liberties group yesterday condemned the warrantless arrest of former Ambassador Roy Señeres and his group headed by retired general Fortunato Abat for the alleged crime of inciting to sedition.

The Counsels for the Defense of Liberties (Codal) said Señeres’ arrest is another form of repression by the Arroyo administration.

"Firstly, the arrest disguised as an "invitation" or a "citizen’s arrest" is illegal. The Supreme Court, in the case of Babet vs. Intelligence board (132 SCRA 318) has prohibited the authorities from subverting the rules on illegal arrest by "inviting" the arrested person to military camps," the group said.

The police, Codal noted, violated specific provisions of the law when they deceptively informed the accused that they were merely inviting, rather than arresting, them.

Codal also said that the allegation that Señeres and his group were committing the crime of inciting to sedition is without legal and factual basis.

Señeres, the group explained, was not acting outside legal methods as required by Article 139 of the Revised Penal Code (RPC) on Sedition nor were their actions inciting others to commit seditions acts, or obstructing the exercise of government functions or stirring up riots, hatred or cabal against the government.

"Seneres, and his group, were merely exercising their Constitutional rights to free speech. A person who publicly declares that he wants a change in government is not commiting a seditious act. Their alleged founding of a "transition government" cannot be seditious nor does it tend to incite others to sedition," the group said.

Codal demanded that the Arroyo administration order the release of Señeres and his group saying President Arroyo should file the necessary information against them as provided by law rather than exercise her "martial law powers" in repressing legitimate dissent.