The Concerned Citizens Movement, a staunchly anti-PGMA group, together with AES-Watch, the genuine election watchdog, will sue the Philippine government before the UN Human Rights Committee for the defective PCOS which they say violates Art. 25 of the International Covenant on Civil and Political Rights.
Art 25 of the ICCR provides :
Article 25: Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in Article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;
(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secretballot, guaranteeing the free expression of the will of the electors;
CCM was the first group to question Smartmatic’s PCOS for being unconstitutional. It alleged that the paper based counting system violates the right of the people to ensure that their votes are correctly recorded by the PCOS machines. The Supreme Court dismissed the Petition ruling that because the law requires the examination of the source code and provides for additional security measures such as electronic signatures and random audit, the possibiiity of error is remote.
The source code, has, however never been examined and the electronic signatures have been provided by Smartmatic and not by members of the BEI.
The filing will be held tomorrow, May 3, 2013 at Sarmiento Room, First Floor, Malcolm Hall, UP College of Law, Diliman, Quezon City