OFW Carlo Dayrit Jose, in his late forties, has been imprisoned in Jaw prison, Bahrain’s central jail. He was convicted on the murder of OFW Maricel Garduque in 2000 after a heated argument broke out between them resulting in the woman’s killing.

As per court records, in the same year he has also been diagnosed with Psychological schizophrenia.

According to Bahrain’s Daily Tribune news reporter Mr. Roberto Carillo, OFW Jose is currently ‘the only Filipino to ever receive a life sentence from a Bahraini Court.’ Mr. Carillo conveyed OFW Jose’s pleading for assistance to John Leonard Monterona, Saudi-based Migrante-ME leader.

“I was informed that in 2010, OFW Jose obtained a letter of forgiveness from the mother of the victim in the Philippines and this was forwarded to the Royal court for appropriate action but until now nothing happened,” said John Leonard Monterona, M-ME regional coordinator.

Monterona said OFW Jose has been expecting that he will be released then since he obtained a written forgiveness from the kin of the aggrieved family by virtue of a Royal pardon which the Bahraini Royal family grants every year.

Speaking to Daily Tribune’s Carillo, OFW Jose said, “Almost two years and ten pardons have already passed since the forgiveness letter has been given to the Royal Court. Every time, my hopes are up that I will be included in the distribution of the royal pardons.”

Monterona calls on the Aquino III administration through the Department of Foreign Affairs (DFA) and the PH embassy in Bahrain, and to Vice President Jejomar Binay, presidential adviser on OFWs concerns, to attend and closely follow the application of OFW Jose’s inclusion in the upcoming Royal pardon.

“We came to know that the Bahrain Royal family will issue a pardon this coming February 14, 2012. We are more than happy to see OFW Jose be included in the February 14 pardon grant by the Bahrain Royal family and eventually be released from prison and reunite with his family in the Philippines to start a new life,” Monterona added.

OFW Jose sent us an open letter, as stated below, which he hopes would reach His Majesty the King of Bahrain.

Your Majesty,

My name is Carlo Dayrit Jose, a Filipino national with CPR number 640538720 sentenced to life imprisonment in May 28, 2002 by the higher criminal court for the unpremeditated murder of my fellow Filipino Ms. Maricel Garduque. However, on April 26, 2010 I obtained a letter of forgiveness from the mother of the deceased, Mrs. Norma Garduque which was duly authenticated by the Philippine Department of Foreign Affairs.

On October 18, 2010, the Philippine Ambassador to the Kingdom of Bahrain, Her Excellency Ma. Corazon Yap-Bahjin met personally the Minister for the Royal Court, Sheikh Khalid bin Ahmed Al Khalifa and handed the original letter of forgiveness.

The Minister told the Ambassador that he will forward the letter of forgiveness to His Majesty King Hamad bin Isa Al Khalifa.

Your Majesty, numerous amnesties have already (pardoning of inmates) were given by your esteemed office since Ambassador Bahjin handed my letter of forgiveness to the Royal Court. As of this writing, I am still under incarceration.

Your Majesty, please, I am appealing to you to consider my letter. May almighty God bless you with good health and long life. Thank you.

Written by:

John Leonard Monterona

Migrante-Middle East regional coordinator

Efforts to release migrants from the death penalty generally follow the same pattern: the migrant’s government appeals to the victim’s family for forgiveness, which often involves a “blood money” payment. Saudi government policy is to stay executions only if the conditions of forgiveness are met. In keeping with the pattern, former Indonesian president BJ Habibie landed in Riyadh Saturday to negotiate with the victim’s family, as well as the Saudi government, for Tuti’s life. Prior to Habibie’s efforts, the current President sent a letter to the regime in October, pleading for her release.

Tuti’s situation reflects the overall failure of Saudi migrant policies. Since few laws exist to protect migrants – especially domestic workers who exist in the hidden sphere of the household – abusive conditions run virtually unrestrained, with no effective means of redress or punishment. Domestic workers must often cope with exploitation and mistreatment in order to avoid further abuse or the loss of employment opportunities, isolated and subject to psychological agony that compounds over time. Domestic workers are at great risk of protracted abuse, which can easily erupt into life-threatening situations for either migrants or their employers. Had an avenue been available for Tuti to redress abuse, the situation in March 2010 may never have come to fruition.

But Indonesia also carries much of the responsibility. Tuti is one of five Indonesian migrants on death row in Saudi Arabia, and part of the 32 worldwide. Migrant Care, Indonesia’s leading migrant rights NGO, accuses the Indonesian government of doing too little, too late. While Indonesia assigned a Migrant Worker’s Task Force to handle death sentences in Saudi, and claims to have saved and repatriated 44 migrants, Migrant Care asserts that the Task Force represents an ineffective “ad-hoc” fix rather than a long term solution. The Task Force addresses problems as they arise, rather than working to enforce permanent policies that would prevent legal abuses.

Migrant workers do commit crimes, and some are truly guilty. But Saudi’s legal system tends to treat migrants in an entirely unequal framework, often barring them form proper representation and even translating services. Consequently, migrants, guilty or not, are barred from the rights that all accused parties deserve. The absence of migrant rights in the judicial process inflates the number of the guilty, and can result in harsher, iniquitous punishments.

Migrant Care executive directory Anis Hidayah emphasizes the necessity of ratifying the International Convention on the Rights of Migrant Workers, which will require Indonesia to institute legislation that establishes standards of migrant treatment in receiving nations. So far, Indonesia has shied away from permanent, long-term protective laws, instead pursuing indefinite bans that have historically had little lasting effect. Preventing abuse, minimizing the opportunity for exploitation, and ensuring evenhanded legal treatment would create a lawful environment favorable to both nations.

In a statement issued on November 30, the DFA confirmed that a Filipino whom it did not identify is scheduled to be meted out death  on December 8, barely a week from now.

“We are still praying and hoping that the execution will be halted, though Chinese authorities really adhere on its strict implementation of anti-drugs policy and have meted out death to those found guilty,” said John Leonard Monterona, Migrante-Middle East regional coordinator.

He added fellow OFWs worries are revive like when the three (3) Filipinos were executed in China last March this year.

Monterona said this is a sad, bitter reality confronting us as a nation especially if we knew there are more than a hundred of them still on death row in various countries.

“We hope that our calls for the Aquino govt. to work hard to saving the lives of other OFWs on death row must be met with all seriousness and pro-active stance on the part of the present administration,” Monterona added.

Monterona reiterates his group calls on the Aquino govt. the formation of a high-level inter-agency task force that would find ways for the commutation of Filipinos’ death sentences and eventually spare them from execution.

The Saudi-based OFW leader also re-iterates calls for an intensified campaign initiated by the government, national and international in scope, involving all concerned government agencies, to prevent OFWs being victimized by international drug traffickers and syndicates.

Written by:

John Leonard Monterona

Migrante-Middle East regional coordinator

Some imprisoned migrants state that they were forced to join pro-Gaddafi forces, but never participated in any actual killing. Others attest they were not involved in the war at all, and were only arrested because of their foreign appearance. The difficulty in validating both accusations and defenses is compounded by the absence of a judicial system.

Rights organizations as well as journalists are permitted access to prisons, and their reports have pressured the interim national government (NTC) to monitor these facilities more closely. The NTC formed a stabilization committee which, according to one report, has substantially improved conditions in at least one prison. Videos of some prisons in Libya can be found here and here.

But no matter the quality of captivity, the detention centers continue to hold the potential for serious human rights abuses. Under international law, arbitrary arrest and indefinite imprisonment are only permissible – temporarily – in cases of national emergency. But as the war in Libya subsides, the less excuses for these violations exist. Without an institutionalized legal system, migrants face a particularly uncertain fate.

Though most prisons hold Libyans as well as foreigners, migrants generally do not have the benefit of local family and friends to lobby on their behalves. Some prison officials argue that detaining migrants may be in the best interest of their safety until the rule of law and proper police forces are realized, as suspicion towards foreigners remains widespread. The association of migrants with pro-Gaddafi mercenaries triggered arbitrary imprisonments, as well as summary executions, from the uprising’s early days. But such suggestions only fuel migrants’ fear of arrest, preventing many from even venturing outside alone.

The U.N. stresses that the new Libyan government needs to reign in detention centers run by autonomous brigades and to effect standards of treatment that hold prison guards accountable. Some prisons have begun to free those who can prove their innocence, demonstrating that the NTC can facilitate the release of migrants even without the development of a wider judicial system. Such expeditious legal resolutions are essential to reversing the pro-Gaddafi stigma plaguing migrants, as well as to upholding the values of liberty and equality promulgated by the revolution.

While details of this woman’s case are still unknown, migrant suicides in custody can be better understood in the context of the general vulnerabilities they face in Gulf legal systems; the difficulty in maneuvering about a system in a foreign language, and in securing representation or other legal aid, compounds the tendency towards unfair migrant treatment to generate extraordinarily uncertain and frightening situations for detained migrants. While a complexity of factors drive an individual to commit suicide, the overwhelming powerlessness of custody can, for some, signify the tipping point.

Though the circumstances her death are largely speculative without a complete investigation, it’s worth noting the innocuous nature of her arrest; she was imprisoned for absconding from her sponsors, a “crime” which in itself reflects the inequitable nature of the Kuwaiti justice system.

Migrante-Middle East (M-ME) regional coordinator John Leonard Monterona said his group is receiving requests for assistance from undocumented OFWs in Jordan for fear of being caught amid arrest of more than 30 of them since last Monday, September 26.

“As per reports we have received from some of the undocumented OFWs who asked our assistance, there are 20 women OFWs, who used to work as domestic workers in Jordan, were nabbed by the host govt. authorities last Monday,” Monterona added.

The following day, another 8 undocumented OFWs were caught by the host govt. authorities.

Monterona citing reports from the undocumented OFWs, the host govt. authorities are massively conducting house-to-house search of illegal or undocumented migrants in its capital city, Amman and other nearby places.

“Report reaching us is that the host govt. recently issued an instruction to conduct house-to-house search to clean-up the country amid proliferation of undocumented migrants,” Monterona adding that his group is still verifying if the crackdown is only targeting undocumented OFWs or migrants of other nationalities, too.

Monterona said most of the undocumented OFWs were ‘absconder’ or those who were forced to run away from their employers due to abuse and maltreatment and violations of their employment contract.

Monterona noted the deplorable conditions and rampant abuse and maltreatment of OFWs in Jordan prompted the PH govt. to imposed a ban on the deployment of household service workers or popularly known as domestic helpers in January 2008.

“As an off-shoot of the imposition of deployment ban in Jordan, just as like of the ban imposed in Lebanon, illegal deployment activities by human traffickers and illegal recruiters victimizing thousands of OFWs and aspiring OFWs, had only proliferated” Monterona said.

As the host govt. intensifies the crackdown of undocumented OFWs, Monterona calls on the host govt. to respect the fundamental human rights of the undocumented OFWs.

“We appeal to the host govt. to regularize, if not immediately repatriate, the undocumented OFWs and migrants of other nationalities while ensuring that their rights are respected,” Monterona averred.

The Saudi-based OFW leader also calls on the PH embassy officials in Jordan to provide assistance to the nabbed undocumented OFWs and liaise with the concerned host govt. authorities for their documentation or immediate repatriation.

According to Monterona, as per his group estimate, there are around 40,000 to 50,000 OFWs in Jordan.

“Sixty percent, or even more, are undocumented,” Monterona ended. # # #

Written by:

John Leonard Monterona

Migrante-Middle East regional coordinator

Email: migranteme@gmail.com

Citing local reports, Migrante-ME regional coordinator John Leonard Monterona said on Tuesday a spokesman of Saudi’s Prison department had been quoted saying the judicial and security authorities are discussing alternative punishments.

The Saudi’s prison dept. wanted to reduce the suffering of prisoners and their families and cut down the numbers of prisoners in various Saudi jails, a report in Arab News reported.

“We are more than happy to hear the announcement on Saudi’s plan in crafting alternative punishments especially if it will include migrants or expatriate workers who have only committed petty crimes in violation of the customary laws of the host government,” Monterona added.

He seconded that alternative punishments such as fines, social or community services, and other corrective measures could instead be imposed on petty crime offenders with no private rights liability involve.

“A number of our fellow Filipino compatriots and migrants of other Asian nationalities working in Saudi have been charged of petty offenses such as ‘mixed crowd’, possession of liquor, gambling, and absconding which are punishable by 6 to 1 year imprisonment plus a hundred of lashes,” Monterona averred.

Migrante-ME estimates there are about 800 OFW inmates in various Saudi jails.

Monterona said the so called ‘alternative punishments’ could instead be imposed which commensurate to the degree of the offense committed such that of petty crimes.

“Alternative punishments can be considered as ‘more humane punishment, corrective and rehabilitative without degrading the being of the person,” Monterona opined.

“We have noticed the host government is now gearing towards the humanization of its legal and judicial system in terms of imposing penalties and treatment to prisoners and petty crimes offenders. We welcome this plan,” Monterona concluded. # # #

Written by:

John Leonard Monterona

Migrante-Middle East regional coordinator

The maid, a mother of-one, has attempted to resign at the beginning of 2011, giving her employers a one-month notice. However, her employers refused to let her leave after she has worked for them for three years, during which she was mentally abused and forced to work for 16 hours per day, seven days per week. After her employers wouldn’t let her quit, the maid escaped their home last month and fled to the Philippines Overseas Labour Off­­ice. Her employers responded by declaring her as an absconder at the Dubai Nat­uralisation and Resid­ency Depart­ment.

Yesterday, the 42-year-old woman was arrested and taken to the Dubai immigration prison and is set to be deported. Speaking to 7 Days she said “I tried to do everything the right way – I asked in writing to leave my employers after three years and they would not allow it. I had no choice. All I want to do is work hard for a good family. Now I have to go back with nothing. I can’t stand to tell my family in the Philippines, they rely on me for financial support.”

Foreign labor is regulated in the UAE under the Sponsorship (kafala) system, which ties the legal status of the migrant workers to their employer, making it illegal to leave their sponsors without the consent of the sponsor. Sponsors, however, are free to fire (and thus cause the deportation of) their workers whenever they please. Even in cases of abuse, if the worker leaves his sponsor without permission, he loses his legal status. The absconding charges result in a visa ban, meaning the worker will be forbidden from entering in the UAE again.