Lawyers for Marcos victims confident of victory

THE lawyers of some 10,000 Filipino human rights victims yesterday expressed confidence that the United States Supreme Court will favor their claim to the $40 million ill-gotten wealth of the late strongman Ferdinand Marcos after the oral arguments set for March 17.

American lawyer Robert Swift, who will argue the case for the martial law victims against a counter-claim on the money by the Philippine government, said evidence is on their side that the amount stashed away in a brokerage account at Merrill Lynch in the name of Arelma, a phony Panamanian corporation, does not belong to the Philippine government as claimed and should be distributed to the rights victims.

"We are confident in the strength of our arguments. Just as we prevailed in the two lower courts, we hope to prevail here. The Republic never had any evidence that the Marcos account at Merrill Lynch ever belonged to the Philippine government. The govern-ment’s role in the litigation is spiteful and disrespectful to the victims of government brutality. Even the United Nations has sanctioned it for disregarding the rights of the victims under international law," Swift said in a statement he signed along with his co-counsel Rodrigo Domingo.

In 1995 the victims obtained a historic $2 billion judgment against Marcos for instigating torture, summary execution and involuntary disappearance during the martial law years.

But the Presidential Commission on Good Government (PCGG) and the Office of the Solicitor General (OSG) have consistently blocked before US courts the release of the Arelma money to the martial law victims, claiming that since the amount was ill-gotten this should be released to the National Treasury and then to the government’s Comprehensive Agrarian Reform Program.

The Philippine government even sought to remove US Judge Manuel Real, who decided in favor of the Marcos victims, from hearing the case but failed. The appeals have delayed the distribution of the money for 3-1/2 years now. Each victim is expected to receive $20,000 if the court rules for them.

At the same time, Swift chided US Solicitor General Paul Clement for supporting the Philippine government’s claim and US Ambassador to the Philippines Kristie Kenney for not doing enough to help the Filipino human rights victims.

"It is disappointing that the US Solicitor General and the American Ambassador to the Philippines do not understand the significance of this case to ordinary Filipinos. Filipinos in general want to see justice done for the victims and have them compensated. All the American government wants is to assist friendly but corrupt regime. In doing so, it will reap a grim harvest," Swift said adding that the case will be the first time that the US High Court has reviewed a case involving massive human rights violations.