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| The High Court |
A Filipino who claimed he was being hunted by personnel of former President Rodrigo Duterte, has failed to convince the High Court to review the dismissal of his non-refoulement case by the Torture Claims Appeal Board.
C.J. Arzaga, who has been treated for depression and HIV infection while in jail, does not meet the criteria for preventing Hong Kong from sending
him back to the Philippines, the court said in a decision signed by Alfred Chan
on order from Deputy High Court Judge Katina Levy.
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| PINDUTIN PARA SA DETALYE |
The Board found no evidence of a genuine risk of torture,
persecution, or violation of the right to life if returned to the Philippines, the court said in a decision released on Friday (Feb. 13).
Arzaga had claimed he feared for his life because a friend,
Jerry, was killed by police and another friend, Glay, was arrested for
drug-related offenses. He said he was warned by family members that Philippine police were inquiring about his whereabouts, leading him to believe he was at risk.
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| See details |
The Board concluded that the Philippine government could
provide protection if he sought assistance.
Moving to another place was also a viable option to mitigate any
perceived risks, it added.
When asked during a hearing last Jan. 26 if he had anything to
add to support his leave application, Arzaga said his life was still in danger.
This, the court said, flies in the face of the Board’s finding that he had
never encountered these people, let alone having been mistreated by them.
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| PINDUTIN DITO |
“As
the Courts have repeatedly stated, a finding of fact is exclusively within the
realm of the Board, which a court in a judicial review will not interfere with
unless such finding involved an error of law, procedural unfairness or
irrationality,” it added.
Arzaga was arrested in January 2020 and convicted of possession
of forged identity card, possession of Part I poison, and breach of condition
of stay.
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| Basahin ang detalye! |
When he was serving his sentence in Tong Fuk Prison he was diagnosed with depression, HIV and tuberculosis.
He was released from jail on Sept. 5, 2020, has since been cleared of depression and is being treated for HIV and tuberculosis.
