(Part 2)
Just by coincidence a day before, politicians from around the world voted to award Liberal International’s highest human rights honour – the Prize for Freedom – to imprisoned Philippines political prisoner, Senator Leila de Lima. https://liberal-international.org/news-articles/philippines-political-prisoner-de-lima-receive-lis-top-human-rights-award/
A November 01, 2017 Criminal complaint was filed against:
Department of Justice
Secretary Leila De Lima
Bureau of Immigration
Commissioners
Ricardo David jr.
Siegfried B. Mison
Abdullah S. Mangotara
Ronaldo P. Ledesma
Chief of Legal
Arvin Cesar Santos
The charges listed are violations of:
United Nations Human rights Treaty violations
1. Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
2. International Convention on Civil and Political Rights Malicious delay of justice
3. Convention on the Rights of the Child and its Optical Protocols
Nikolaos George Spanoudis aka Nickolas George Spanos,Greek/USA citizen filed the criminal complaint in which he states:
The Philippines Department of Justice, Bureau of Immigration and Commission of Human Rights would be categorized as a "Criminal Syndicate" since there are 6 main Government officials and numerous others involved in the crimes against foreigners.
The Philippines Department of Justice is the parent agency that manages the Bureau of Immigration. Their actions are coordinated between each other. Thus any final decision of the Bureau of Immigration that will be appealed is required to be resolved with the Department of Justice. If the final decision of the DOJ is to be appealed, it then is submitted to the Court of Appeals. This process can take 2 years before reaching the Court of Appeals. Thus this "criminal syndicate" has been prosperous between the 2 agencies by extorting foreigners detained as to have cases resolved in their favour. Paying extortion money has become very profitable for DOJ/BI prosecutors, Commissioners and legal staff.
"The Bureau of Immigration, DOJ and CHR officials listed in this complaint knew that an illegal mission order authorizing the warrantless arrest of Nikolaos George Spanoudis aka Nickolas George Spanos as per BI chief of intelligence Attorney Mangrobang handwritten note.
Said warrant-less arrest was not pursuant to the Philippines 1985 Rules on Criminal Procedure, Rule 113, sections 5, 8, 11 & 13.
That the circumstances under which the victim was arrested are not one of those provided in above 1985 Rules on Criminal Procedure, where a warrant-less arrest can be made for victim was not committing any offence at the time. Furthermore, according to the ruling of the Supreme Court:
"3. Only judicial officer or any person duly authorized by law can issue warrants of arrest. Such power is not possessed by the then fiscals or state attorneys (Lino vs. Fugoso, et. al., 77 Phil. 933) Under the 1987 Constitution, no warrant of arrest shall issue except under probable cause determined personally by the judge after examination under oath or affirmation of the complaint and the persons to be seized (Sec 2, Art. III)
4. No warrant of arrest can be issued by the Immigration Commissioner before the final order of deportation is issued (Neria vs. Vivo, etc., L26611-12, Sept. 30, 1969) and such warrant is confined only to carry out said deportation order (Contemplate vs. Acting Commissioner of Immigration, et al.,L28604, Oct.30, 1970; Collector of Customs vs. Villaluz, etc., et al., L-34038, June 18, 1970)"
On October 18, 2012 , Cebu, Philippines. A team of 6 immigration officers, headed by Armello De Castro, came to my office with an undated "mission order", with a handwritten note by Chief of Intelligence Marie Antionette Bucasas Mangrobang to arrest me:
"For honorable comm. Subjects location has been determined in Cebu, arrest will be effected as soon as this is signed and subject is sighted. 6-17-12"
Mission orders have been deemed illegal by the Philippines Supreme court and the DOJ has issued multiple memorandums to the BI that "Mission orders are not to be used as warrants of arrest". The arresting BI team said the USA embassy/FBI wanted me arrested.
I had retained lawyers, Maria Lara Leah/Rodinel Bugay, they told me that they were told by Immigration Chief Legal Arvin Santos, that I would be deported to USA in 2 weeks, my Greek citizenship would take 3-4 weeks to verify, if I wanted to delay deport to USA, I needed to pay $5000 USD, if I wanted to be released, I needed to pay $50,000 (2 million php).
On October 27, 2012, Immigration informed the newspapers of my arrest and I was using fake names/passports. This was false, immigration did this to use it psychologically to pressure me to pay the extortion money. Newspaper article after arrest to embarrass/threaten/ psychological stress.
On Nov. 05, 2012 I paid $5000 by bank deposit, also provided a bank certificate to prove I had the $50,000 in a bank account.
On Nov. 05, 2012, Greek Embassy Deputy Ambassador Nicholas Verghis issued a letter verifying my passport was authentic. I had only entered the Philippines on my Greek Passport; thus my established nationality was Greek. The only legal action the United States Government could take was a formal request for extradition as per the USA-Philippine extradition treaty of 1994.
Chief of Legal Arvin Santos then wanted $100,000 USD (4 million php) to release me, said that the commissioners needed to be paid. After a few days, I agreed to see his reaction and showing him a verification that I had the money in a bank account.
After a few more days, he wanted $150,000 USD (9 million php) because USA embassy officials needed to be paid. I refused.
On Nov. 19, 2012, my lawyers filed a "Motion to quash the Oct. 19, 2012 charge sheet". By law, they must answer within 30 days.
In late December 2012, lawyers asked me if I was to pay the $150,000 (9 million php), the immigration wanted their Christmas gift, if I did not pay, I was to be deported, I refused again.
On. March 03, 2013 I went to clinic and was checked by nurse that i had an infected tooth and needed medical care, a request for medical pass was sent since there are no dental facilities are there at detention center. No answer was given, I repeated my requests and informed warden that my tooth was in extreme pain and needed dental treatment. No answer again. I was checked by the nurse at facility, who called immigration Dr. Theresa Montenegro, who followed up to executive director Eric Dimaculangan and Commissioner Siegfred Mison. They denied my request for medical care.
On April 04, 2013 I contacted my lawyer Deborah Daquis and Greek embassy Angelo Tsalsidis, who both came to Bicutan facility to verbally complain to the warden Rev De LA Cruz, stating complaints would be filed against him. About 10 days later, I was taken to a dental clinic in a mall close by. I had to suffer for 43 days before being taken. I filed complaints with Ombudsman against Eric Dimaculangan, Ricardo David jr. and Dr. Theresa Montenegro for Dental torture/denial of medical care.
During my entire illegal detention at Bicutan Immigration detention center, my family and my human rights were violated by the Immigration executive director Eric Dimaculangan. The detention facility was managed under rules and regulations not approved by the DOJ or registered with ONAR.
Letters have been sent to Eric Dimaculangan, OIC Executive Director, in regards to the Rules and Guidelines of the Bicutan BI Immigration Detention center, to which he has never replied. He continued to implement and enforce "fantasy" Rules and Guidelines without these being approved by the DOJ and registered with ONAR.
These "fantasy" rules and regulation deny visitation rights by the detainee’s immediate family members and spiritual counselors on every Monday of every week. This is in direct violation of Republic Act No. 7438.
On September 13, 2013, Nikolaos Spanoudis has a Habeas Corpus (Latin for "present the body") hearing in which he was to appear, BI Chief Siegfred Mison in a letter to Chief of legal Arvin Cesar Santos, denied the court pass for Spanoudis to appear to his hearing which is mandatory for the complainant to appear, disregarding regional court orders.
The BI Bicutan Detention Center is an administrative holding facility for foreigners with alleged administrative violations, not criminal charges, thus it is not a jail or prison. Foreigners come from all parts of the world with different time zones, it is necessity to have communication with their immediate family members, embassy officials, lawyers, and spiritual advisors.
Also they prohibit the use of mobile phones and personal computer units which denies detainees access to immediate family members, lawyers, embassy officials, and spiritual counselors.
The BI Bicutan Detention Center allows 1 landline to be used by detainees during 9am to 5pm. This landline is shared with the BI administrative department which also uses it for communication and faxing. There are over 150 people using this 1 landline to communicate. It is impossible for the detainees rights under Republic Act No. 7438 to communicate within the rights provided within the act. Detainees are denied of this right
In November 2013, my lawyer requested that i be deported back to Greece because the delays were inexcusable and intentionally denying my liberty. In December, after many contacts to DOJ secretary De Limas staff, by my lawyer, still no resolution to my appeal.
In January 06. , 2014, my lawyer personally met with DOJ Secretary Leila De Lima, she pointed out all the human rights and due process violations. DOJ secretary said my case would be resolved asap.
My lawyer followed up with letters, still no response. My lawyer met with Office of President assistant secretary Jed Eva and followed up with letters stating violation of due process and the 1987 Philippines. Constitution. In which the Office of President contacted DOJ to resolve my case. Still no answer.
On February 24, 2014, our news reporting exposed human rights violations by the Bureau of Immigration that released free a British paedophile that had raped a 6 year old girl 3 times. This was BI Chief Siegfred's first order after his appointment by President Aquino, recommended by DOJ Chief Leila De Lima. This led to another Philippines Senate Resolution inquiry 540 by Senator Nancy Binary into the corruption inside the Immigration legal department.
On March 28, 2014 a letter from my attorney to the Office of the President to take Disciplinary action against DOJ Secretary Leila De Lima.
On April 07, 2014, a letter is written by DOJ secretary Leila De Lima justifying that the ongoing detention of me is for reason that USA claims I am a "fugitive from justice" and they are requesting I should be deported to USA not Greece. DOJ secretary Leila De Lima states that the request to be released and/or be deported to Greece is denied.
At no time during my 19-month illegal detention were any warrants of arrest or authenticated documents produced to prove the allegations nor had I been charged with a crime. The provisions of the USA-Philippines Extradition Treat of 1994 were being completely ignored.
On April 10, 2014, I filed criminal complaints against DOJ secretary Leila De Lima, DOJ state council Ricardo V. Paras III and asst. State council Paulito De Jesus with the Ombudsman office.
The delayed resolution of the appeal with DOJ, clearly a violation of Section 14 Book VII of Executive Order 292. More than six (6) months of omitting to act in the resolution of appeal memorandum is likewise a violation of the 1987 Philippine Constitution which provides under Sec. 15, Article VIII thereof for the lower courts to decide cases within ninety (90) days.
I had been illegally detained by the DOJ/Immigration for 19 months has presented more evidence to the Ombudsman to prove that DOJ Chief Leila De Lima is arbitrarily detaining me and causing malicious delay in resolving his Appeal Memorandum.
I provided resolution orders of 3 other foreigners who had Appeals before the DOJ in the same year as mine but the 3 appeals were resolved in 45 days to 6 months, while i was been illegally detained for 19 months and no decision has been made.
Despite 2 motions before the DOJ Secretary Leila De Lima for temporary liberty/bail, to be able to return to my pregnant fiancé, 3 year old son and take care of my business, DOJ Secretary denied my requests stating "There is no merit in his request to be released on bail for humanitarian reasons".
That DOJ secretary Leila De Lima in her orgy to persecute me for exposing corruption and human rights violations in the DOJ/Immigration, had also violated the human rights of my fiancé and children and put them under mental stress and in danger.
Leila De Lima had served as the Commission on Human Rights from 2008-2010 and is fully aware of the United Nations Convention on the Rights of the Child, to which the Philippines is s signatory to.
The ombudsman office sent many letters to DOJ secretary Leila De Lima to resolve my case. Knowing my human rights were being violated, they did not investigate or file any charges as of this date of writing.
The DOJ secretary De Lima kept me illegally detained for 19 months, maliciously persecuting me for the reason of exposing the corruption in her agencies and her fellow criminal syndicate.
On May 07, 2014, my fiancé and I filed criminal complaints against DOJ secretary Leila De Lima, DOJ state council Ricardo V. Paras III and asst. State council Paulito De Jesus with the CHR, our complaint was couriered to
Atty. Diana B. De Leon
Chief Investigation Division
Legal and Investigation Office
Commission on Human Rights
In which she sent an acknowledgement email on May 12, 2014 that she had received our complaint and forwarded to Atty. Gilbert Boiser, Director of CHR-NCR for its appropriate action/investigation.
The Ombudsman graft and prosecution office issues notice on May 7, 2014 to DOJ Sec. Leila De Lima to take immediate action to resolve my appeal memorandum and also explain the complaint filed against her and DOJ state counsels Ricardo V. Paras and Paulito De Jesus.
On May 12, 2014, a dispatch letter was issued to answer the complaint filed.
A May 23, 2014, a dispatch letter was sent to DOJ secretary De Lima to resolve my pending appeal.
On Friday, May 31, 2014, 2 days before I was to deport to Greece, DOJ resolved my appeal case, 8 months past the legal time allowed.
On Monday, June 02, 2014, I was deported to Greece not USA, thus DOJ secretary Leila De Lima's April 07, 2014 letter is full of lies and deception in a desperate attempt to cover up the Philippines DOJ/Immigration human rights violations against me.
My fiancé and I were harassed and constantly under mental stress by the guards, they were constantly telling me us that I would be deported to USA and go to prison for long period and never allowed back in the Philippines, never to see my fiancé or children.
We were threatened to keep quiet and do not complain or we would disappear like trouble makers in the Marcos days. My fiancé even filed a police report against the guards.
The Bicutan Immigration detention center was a torture/execution center used in the Marcos era. There is a weapons shooting range directly behind the Bicutan detention center, constant firing of weapons take place 14 hours a day, even stray bullets hit the facility. Early morning hours the guards would rev the engines to their motorcycles inside the facility just to deny us sleep. There was constant psychological torture to the detainees.
The DOJ/Immigration officials constantly refer to the letters of the USA embassy for justification of my arrest. They never followed their Constitution, Criminal code, Supreme court rulings and the USA – Philippines extradition treaty of 1994. If it was the intention of the USA embassy/FBI to have me extradited, then they would have followed their procedures and started the extradition process as per the USA-Philippines Extradition treaty.
The crimes committed by Leila De Lima and her criminal syndicate not only affects the due process and human rights of foreigners but also the innocent. Nikolaos Spanoudis company, LCI SOLUTIONS inc. not only employed over 400 Filipinos but also supported from his own pocket Cebu Heroes. www.facebook.com/cebuheroes. A charity which supported over 60 children in two orphanages, Missionaries of the Poor and Franciscan Sisters of the Sacred Hearts with food, clothing, medical supplies, computers for education and mental support by LCI Solutions staff. All this gone after 19 months of illegal detention.
In my case, it began as kidnapping/extortion attempt but after reporting on the corruption and human rights violations of foreigners, their actions were to punish and torture, both physically and mentally, me and my family for exposing them to the international community.
Despite the allegations claimed by the USA Embassy Manilla, the Philippines DOJ/Bureau of Immigration and being arbitrarily detained for 19 months, the result was that I was deported back to Athens, Greece, not the USA, which was their justification for arbitrarily detaining me for 19 months for a non-existent administrative charge, the only valid reason for my detention was an attempt to extort me for $150,000.
The OHCHR complaint and supporting documents can be viewed at Drop bok link to OHCHR
The Philippines New DOJ Secretary may do better than de lima...
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