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  • US Supreme Court hears FM
    victims’ case on $35-M assets
     
    By Estrella Torres
    Reporter

    THE 9,539 Filipino registered victims of martial law, who in 1995 won a $2-billion damage award from an American court from the late dictator Ferdinand Marcos’s estate, criticized the role of the US Solicitor General in blocking their claim to $35 million of Marcos assets whose ownership issue is now with the US Supreme Court.

    The American High Court will hear today (Manila time) oral arguments of that part of Marcos assets found in 2000 stashed away in New York’s Merrill Lynch brokerage account under the name of Panamanian firm Arelma Inc.

    The victims’ lawyers—American Robert Swift and Filipino Rod Domingo Jr.—said the US Supreme Court might not have agreed to accept the case, but US Solicitor General Paul Clement through the assistance of the US Embassy in Manila intervened on behalf of the Philippine government to convince the US High Court to hear the case.

    It will be the first time the US Supreme Court reviews a case involving massive human-rights atrocities.

    “It is disappointing that the US Solicitor General, Paul Clement, and the American Ambassador to the Philippines, Kristie Kenney, do not understand the significance of this case to ordinary Filipinos. Filipinos in general want to see justice done for the victims and have them compensated. All the American government wants is to assist a friendly but corrupt regime,” said the victims’ counsel in a statement issued over the weekend.

    Domingo noted the Arroyo administration and that of President Bush have ignored the United Nations Charter to seek to compensate victims of human-rights abuses. “In fact, these governments have been oblivious of the second requirement of the Swiss Federal Supreme Court that the victims of martial law must be compensated before the $681-million Marcos Swiss accounts are released.”

    The review of the case was based on the appeal of the Presidential Commission on Good Government represented by American lawyers to review the decisions of the US Ninth Circuit Court of Appeals and the US Federal Court of Hawaii that the disputed $35 million belongs to the victims of martial law.

    “Multiple appeals by the Philippine government have delayed distribution of [the $35 million] to the Filipino victims for three-and-a-half  years. An initial distribution to each qualified victim of $2,000 awaits a positive result from the US Supreme Court,” said the counsels.

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