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In a December 10, 1997 decision (and other subsequent decisions), the Swiss Federal Supreme Court ruled that the Swiss Marcos assets should be transferred to an escrow
account with the Philippine National Bank pending the completion of the judicial process regarding the forfeiture or restitution of these assets in Philippine courts.
The court attached conditionalities to the transfer, including the reporting by the Philippine government on the fair compensation to be given to the 9,539 Marcos human
rights victims.
The Swiss Federal Office for Police Matters, implementing the court decision, has already asked the Philippine government if it agrees to the conditionalities attached to
the transfer. The Philippine government, in a diplomatic note, agreed.
Claimants 1081, Inc. recognizes the positive and pro-human rights intent of the Swiss court decision in declaring in its national interests the protection of human rights
and invoking pertinent articles in the International Covenant on Civil and Political Rights and the International Convention Against Torture and Other Cruel,
Inhumane and Degrading Treatment. Certainly, these two human rights treaties apply to the Philippine government which had ratified them during the administration of
Corazon Aquino.
Claimants 1081, Inc. welcomes the Swiss government's clarification, through its Philippine Ambassador Kurt Hoechner, that the court decision definitely provides for the
fair compensation of the 9,539 human rights victims who won their case in the US court. It also welcomes the Philippine diplomatic note accepting the
conditionalities of the transfer which include the fair compensation of the human rights claim.
The Swiss court decision and the subsequent Philippine diplomatic note define the parameters for the negotiation on the indemnification of Marcos human rights victims from
the Marcos assets. It is therefore important that the Philippine government, through the Presidential Commission on Good Government (PCGG) and Chairman Magtanggol
Gunigundo, initiate and hasten negotiations with the proper representatives of the US court—in whose charge lies the implementation of the won judgment for damages
in favor of human rights claimants.
Claimants 1081, Inc., however, warns of various extraneous and undue influences impinging on the process, manner and substance of disposition of the Marcos assets. These
must be opposed.
We refer firstly to the insidious efforts of the Marcoses and some Philippine government officials to forge a compromise agreement without the human rights claimants. We
welcome the Supreme Court decision affirming the conviction of Ms. Imelda Marcos for graft and corruption for this can only enhance our case and is a certain form of
justice for the victims of Marcosian cruelty and avarice. However, we draw attention to a possible direction towards compelling Ms. Marcos to settle with the
Philippine government in exchange for freedom and immunity from other suits.
We also refer specifically to the efforts of some Philippine government officials to divert the money to other uses such as reinforcing the country's foreign reserves or to
the surreptitious use of the money or its interest for election campaign purposes.
We refer furthermore to any possible side agreement between the Philippine government and the National Democratic Front which may contain elements contrary to the interests
of the human rights claimants including the undermining of the authority and legal processes of the US district court handling the human rights class suit.
The Philippine government, and the Swiss government to a certain extent, are responsible for seeing to it that these influences do not distract nor subtract from the
essential responsibility of assuring the just and fair compensation to Marcos human rights victims. Fair compensation (and indemnification) in our case means simply
the satisfaction of the $2.35 billion judgment against the Marcoses.
In the case of the present assets at hand, Claimants 1081, Inc. is on record, as articulated by our lawyers, as favoring sharing these with the government on a 70-30 basis
in favor of the government. With regards the original $356 million, this came to about $100 million. With the earned interest, this amounted to $540 million today.
We have therefore recalculated the fair compensation from the assets to be at around $150 million.
The two governments must see to it that the distribution of this compensation is in accordance with the interests of the human rights claimants. At this moment, this can
only mean the following of the legal processes of the US court handling the case.
We call on all friends, inside the two governments or outside in the human rights and other NGO communities, to support us in our position. We strongly feel that only
through the recognition of and respect for the human rights claim can justice be advanced for Marcos human rights victims.
By Loretta Ann P. Rosales
President, Claimants 1081, Inc.
February 5, 1998
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