Victims
of human rights violations during the Marcos dictatorship have scored a
victory in their long quest to get compensation from the Marcos estate.
A
US Court of Appeals for the Ninth Circuit upheld on Oct. 24 a contempt
judgment against Sen. Ferdinand “Bongbong” R. Marcos Jr., his mother
Imelda and the estate of Ferdinand E. Marcos for violating an injunction
that barred them from dissipating assets of the estate.The judgment amounting to $353.6 million is believed to be the largest contempt award ever affirmed by an appellate court.
The
judgment may be implemented against any US property owned by Imelda and
Bongbong. However, the human rights victims need to ask the Philippine
government for implementation of the judgment against the Marcoses’
personal property in the Philippines.
A
Philippine law requires that all ill-gotten wealth recovered from the
Marcoses should be spent on the government’s land reform program.
Robert
Swift, lead counsel for the 10,000 Filipino human rights victims who
obtained a judgment against the late dictator and his estate in 1995,
said he was satisfied with the new judgment.
“The
Marcoses have thumbed their noses at the United States court and
Filipino human rights victims ever since the $2-billion judgment was
entered in 1995,” Swift said in a statement.
Dynasty
The
American lawyer said the Marcoses were caught trying to dissipate the
estate’s assets to recapitalize the family’s political dynasty in the
Philippines.
Bongbong
began serving his six-year term as senator in 2010. Imelda is a
representative of Ilocos Norte in Congress, while daughter Imee is the
governor of the province. Both mother and daughter are running for
reelection in midterm elections in May 2013.
Swift said the new judgment was against Imelda and her son personally for their misconduct.
“It
broadens the possibilities for collection of money to the human rights
victims. The victims can be assured they we will vigorously and
aggressively seek to collect this sum,” the lawyer said.
Commission
on Human Rights (CHR) Chairperson Loretta Ann P. Rosales said Sunday
night that the US court victory against the Marcoses was “payback” for
the “shameless arrogance” of Bongbong and his mother, who have not
apologized for the looting and the killings during the Marcos regime.
“If
we can’t get their apology, at least we will force them to pay more and
refresh the minds of a new generation of Filipinos on the atrocities
committed by the family for close to two decades,” Rosales said in a
phone interview.
“They
(Bongbong and Imelda) are the face of their families and the Filipinos
should continue to demand payment for the sins of their family.”
She
said the $353.6 million awarded by the US court would be on top of the
close to $2 billion awarded to martial law victims in 1995.
Barred in US
Rosales
said she was told by lawyers that the contempt award meant that the
Marcoses would not be allowed to set foot on any US territory.
“The
contempt ruling means that the US courts are taking seriously the
disrespect shown by the Marcoses. More than the heavy fines, this is a
big embarrassment to the family who has shown no remorse for the deeds
they made,” the CHR said.
Rosales said that the contempt charge was a “long shot” and that the US courts sided with the victims was a “pleasant surprise.”
“The
senator’s refusal to apologize and own up to the sins of his father
only shows the continuing arrogance of his family,” said Rosales,
herself a victim of human rights violations during the Marcos regime.
The
litigation against Marcos began in 1986 shortly after the dictator and
his family fled to Hawaii following the people power revolution.
After
Marcos died, Imelda fought the litigation. Following a historic trial, a
Hawaiian jury awarded 9,539 Filipino human rights victims almost $2
billion.
The
judgment was affirmed on appeal. While the jury was deliberating, the
Marcoses entered into a secret deal with the Philippine government to
make the Marcos estate judgment-proof.
When
Swift learned of this, the human rights victims sought a contempt award
against Imelda and her son, and the Marcos estate’s legal
representatives, for violating the injunction that barred them from
dissipating the estate’s assets.
Imelda
and Bongbong were found to have agreed to the transfer from the United
States to the Philippines artworks considered part of the estate, and to
split the estate with the Philippine government, retaining 25 percent
tax-free as their share.
After
five hearings during which documents showing the Marcoses’ efforts to
dissipate the assets were introduced, the court found the Marcoses in
contempt and ordered them to pay the victims until they purged their
contempt.
The
Hawaii Court of First Instance imposed a daily fine of $100,000 from
Feb. 3, 1995, to Feb. 3, 2005, when the contempt order expired, leaving a
total fine of $353,600,000.
The
appellate court last week wrote that the “$100,000 per day amount was
necessary and appropriate because the Marcoses’ contumacious conduct”
caused direct harm to the victims, by preventing them from collecting on
their $2-billion judgment. With a report from Gil Cabacungan
Read more: http://globalnation.inquirer.net/54454/marcoses-lose-us-appeal/#ixzz3K38uikKw
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