PRESS STATEMENT                                                                                 REFERENCE: Marie Hilao-Enriquez
27 January 2004                                                                                                                   Secretary General

Swift's maneuvers and misinformation are pathetic

It seems as if the obstacles are endless in the continuing search for justice and indemnification of the Marcos human rights violations victims. Now, lead counsel to the class action suit filed in the Federal District Court of Hawaii, Atty. Robert Swift, is peddling misinformation to the public in an apparent move to influence the Philippine legislative houses while the latter are in the process of enacting into law the bills compensating victims of martial law.

SELDA or the Samahan ng mga Ex-Detainees Laban sa Detensyon at para sa Amenstiya expresses dismay and sadness over Atty. Swifts' latest pronouncements amidst efforts to finally claim justice and indemnification with the transfer of the $683 Million to the Philippine Government and impending enactment into law of the human rights compensation bills both in Congress and the Senate.

Swift's claim of being abandoned by SELDA because he declared that victims of illegal detention were not entitled to indemnification is patently untrue. Our rift with him is not on this issue but rather on the issue of Atty. Swift making decisions on his own without consulting the victims.

Time and again, SELDA has maintained that the organization recognized him as the court-appointed lead lawyer BUT he must CONSULT the victims or even the named plaintiffs first before making any moves regarding our case. He was, in fact, the one who abandoned SELDA after we have given him all the necessary support of contacting the victims, assisting him in getting the depositions, processing the claims. Several times we had to entreat him and the court for him to desist from making decisions on his own with regard to our case. Several times he entered into compromise and settlement agreements with the Marcoses and the government with very inimical provisions to the victims.

It must be remembered that during President Ramos' time he brokered a deal with then PCGG Comissioner Magtanggol Gunigundo. A settlement of $100 Million was in the works, provided the claimants would withdraw the class action suit against the Marcoses and unfreeze the $683 Million Marcos loot in Escrow. In 1998, at the onset of the Estrada Administration, Swift also pushed for a $150 Million Settlement agreement with the Marcos' family on condition that the Marcoses did not commit any human rights violations against ay person in the country during that dreaded period. They even dragged the PCGG in this obnoxious deal. SELDA vehemently opposed all these settlement agreements, explained these to the victims and exposed these to the public.

It is also disturbing that Atty. Swift can easily say that he delisted 2,000 victims from the list. If this is true, it is very unjust to these victims since the list was already validated by the court in 1995. Further, it is common knowledge that all those illegally detained during martial law has undergone torture- either physical or mental. "We all know that the victims were tortured, how can he say that illegally detained victims are not qualified for indemnification?" Enriquez asked.

"Why is it only now that Atty. Swift is making these pronouncements? We can only surmise that this is a cheap effort in discrediting SELDA in the eyes of its members and the public because events have proven right the principled position SELDA stood on in this case," said Enriquez.

SELDA is wondering what Atty. Swift wants to happen next with his pronouncements. "Whatever it is he wants to happen, right now it is not helping the victims he once led in winning the class action suit in Hawaii.###