CONTINENT OF HOPE

HUMAN RIGHTS COURT

KONTINENTO DE ESPERO

PERVASIVE PODCASTS PRESS,

Applicant,

-versus-

HUMAN RIGHTS CASE NO. L-12345

For: Relief

THE GOVERNMENT OF THE UNITED SACROSOMBRE ISLANDS,

Respondent.
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MEMORANDUM

COME NOW RESPONDENT, through the undersigned counsel,

unto this Honorable Human Rights Court most respectfully submit and
present this Memorandum in the above-titled case and aver that:

THE PARTIES

1. Respondent the Government of United Sacrosombre Islands (USI)

may be served with legal processes and notices issued by this Honorable
Court;
2. Applicant Pervasive Podcasts Press (TrippleP) registered in USI and
may be served with legal processes and other judicial notices thereto.

I. PROCEDURAL BACKGROUND

1. On October 1, 2015, USI Constitutional Court openly ruled against

TrippleP on being affected by the pending case before the same court by
LetDo and other NGOs;
2. On October, 2015, the USI Federal High Court dismissed TripplePs
oral application for leave to appeal;
3. On October, 2015, the Federal Court convicted and sentenced
Adorinda Ciela to death for treason;
4. On October, 2015, Motion to stop execution based on a doctors
affidavit that Adorinda might be pregnant was filed by her lawyer and
subsequently denied by the Court;
5. On October, 2015, TrippleP filed a case with the USI Constitutional
Court alleging gross violation of human rights and Adorindas rights by
Multlantische Corporate Inc. (MCI) with acquiescence of USI;
6. On December 8, 2015, the USI Constitutional Court dismissed on
merits the case cited as the Human Rights of Adorinda and Others;
Hence, the filing of this Memorandum to the Honorable Court.

II. FACTUAL BACKGROUND

7. Limbradre Universitato de Scienco kaj Teknologio (LUST) adopted

the Madame Revlon as the official symbol and its students protested but
were denied by the Special Committee as removing the symbol would be too
expensive because the schools funding would be stopped by its founder,
MCI.
The
campaigns
launched
were
#MCImustLeave
and
#MadameRevlonMustFall. Upon denial by the Limbradre Island Trial Court
to hear the case, the student protests turned violent. The Limbradre Armed
Forces (LAF) took advantage of the general unrest and began a bloody
campaign against the USI government, MCI officials, and LUST staff of
Foolaughy origin. LAF enlisted the disgruntled students to provide
information for their attacks.
8. Foolaughy Intelligence Force (FIF) spearheaded Operation Oil Them
UP (OTP) which is capturing the leaders of different campaigns and
torturing them for information as oil was poured on their bodies and burnt
alive. Some FIF officials work for MCI. TrippleP published direct
involvement of MCI in Operation OTP and other bribe scandals, torture,
murder, other heinous acts. TrippleP, however, does not publish anything
against LAF and violent demonstrations of students.
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9. After a terrorist attack in Sellusombre, allegedly sponsored by a bogus

charity organization, Civil Society Law (CSL) that requires all associations
to be registered and restricted in foreign funding. It also contains a catch all
phrase to shut down undesirable organizations and outlaw all terrorist
entities masquerading as human rights or civil organizations.
10.MCI provided USI Federal Agents with information on Adorinda and
TrippleP as it was dependent on Fiera Juvela, the spouse of Adorinda and a
Foolaughy national, for funding. TrippleP was then deregistered on the basis
of its funding being from a foreign source, Fiera Juvela. TrippleP announced
that it would be a complainant on a constitutional case in the LetDo case but
its oral application for leave to appeal to the USI Supreme Court was
dismissed.
11.During the reading of the dismissal, Adorinda was messaged that she
there is an arrest warrant against her and she should leave the country
immediately. She was arrested on her way to the airport and immediately
tried, convicted, and sentenced to death before the USI Federal Court. Her
lawyer tried to stop her execution by presenting an affidavit of a doctor who
claims to has successfully performed an intrauterine insemination on
Adorinda and there is a high chance she is pregnant. The Court, however
declined the request for pregnancy test as it would be a precedent to all
women on the death row just because she engaged in unprotected sex.
12.TrippleP filed a case with the Constitutional Court of USI alleging a
violation of Adorindas rights and gross human rights violations by MCI
with acquiescence of USI. The case was dismissed on merits. A subsequent
case was file to this Honorable Court.

III.

ISSUES OF THE CASE

A.)
WHETHER OR NOT USIS REFUSAL TO ABANDON
THE MADAME REVLON SEAL IS INCONSISTENT WITH THE
RIGHTS OF THE STUDENTS CONCERNED;
B.)
WHETHER OR NOT THE CSL IS INCONSISTENT
WITH INTERNATIONAL LAW OBLIGATIONS OF USI AND
THE REASONS GIVEN FOR DEREGISTRATION OF
TRIPPLEP INTERFERES WITH THE PERSONAL RIGHTS OF
ADORINDA CIELA AND FIERA JUVELA;

C.)
WHETHER OR NOT THE EXECUTION OF
ADORINDA CIELA WAS IN VIOLATION OF HER RIGHT TO
LIFE;
D.)
WHETHER OR NOT USI IS INTERNATIONALLY
RESPONSIBLE FOR ALL THE ABDUCTIONS, TORTURE,
AND MURDER OF LAF LEADERS, STUDENTS, AND OTHER
ACTIVISTS.

IV.

ARGUMENTS

A.)
The refusal of USI to abandon the Madame Revlon seal is
not inconsistent with the rights of the students concerned.
B.)

The CSL is consistent with international law obligations and

does not interfere with the personal rights of Adorinda and Fiera.

C.)
The execution of Adorinda Ciela was not in violation of her
right to life.
D.)
USI is not responsible for any abductions, torture, and
murder of LAF leaders, students, and other activists.

V. DISCUSSION

A.)
The adoption of the Madame Revlon seal is not inconsistent
with the rights of the students concerned. The adoption of the said seal is
only to show appreciation to its founder and financer as MCI still funds the
the school and that removal of such would be too expensive and many
beneficiaries would be affected if the funding would stop as soon as the seal
is removed.
B.)
The CSL is not inconsistent with international law obligations
and the reasons given for the deregistration of TrippleP does not interfere
with the personal rights of Adorinda Ciela and Fiera Juvela. The CSL was a
solution to control terrorism especially it was passed due to an attack. This is
an example of the police power of the state for the security and safety within
the state. This regulation is a product of the states police power and is valid
as the CSL is based on valid grounds. Given that the CSL is valid,
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TripplePs noncompliance of such regulation was a ground for its

deregistration and it does not, in any way, affect Adorindas and Fieras
personal rights. The deregistration was due to the foreign funding of
TrippleP and its own noncompliance with the proper rules. The Court even
made it clear for TrippleP how it should operate if it chooses to do so.
C.)
The execution of Adorinda Ciela was not in violation of her
right to life. As abominable the death penalty is in the eyes of the Human
Rights Law, it is still practiced by many states. USIs reservation on the
matter allows it to impose death penalty on anyone above 16 years of age
regardless of status or situation. Therefore, as Adorinda was tried, convicted,
and sentenced to death, she is not immune from the death penalty for
speculations of her pregnancy as USI had its reservation. Also, the Federal
High Court was correct in denying her request for pregnancy test as this
would be a precedent for other women on death row to have unprotected sex
prior to conviction or sentence.
D.)
USI has not participated in any abduction, torture, and murder
of LAF leaders, students, and other activists. Operation OTP has been
conducted by FIF agents and even some top officials in the USI Federal
government accused the RF of violating their territorial sovereignty. Only
speculations were made that USI Ministers of Security and Defense Forces
were partaking in the Operation OTP but none were proven. Therefore, USI
has never done any of the crimes it is accused of.

PRAYER

WHEREFORE, premise considered, it respectfully prayed for that

this Honorable Human Rights Court for the Continent of Hope that the
applicants prayer be DENIED for having no cause of action and the case be
DISMISSED for being clearly unmeritorious.
Other just and equitable relief under the foregoing are likewise being
prayed for.
Respectfully submitted.
The Government of the United Sacrosombre Islands. March 29, 2016.

GUATELARA&GUATELARA LAW OFFICE

Counsel for the Respondent
10th Floor, New Building,
Bacolod City, Philippines

By:

ATTY. JOSE LUIS B.

GUATELARA
IBP Lifetime No. 67891; 5/10/2005
PTR No. 44568; 1/10/2011
Roll of Attorney No. 2005-001023
MCLE Compliance No. III
000899

Copy Furnished:

ATTY. MACLORD ZAFRA

Counsel for Applicant
Unit 1200, Tall Building Condominium,
United Sacrosombre Islands