Imprisonment and organized coalitions and
AFP Center for Human Rights at
Fort Magsaysay On September 23, 1972, Diokno's second term as senator was officially cut short when Marcos announced martial law on television at 7:17 p.m. At 1:00 a.m. before the announcement, Diokno was arrested by the Marcos dictatorial regime. After cutting communication lines in multiple neighborhoods, including Diokno's home, six carloads carrying forty armed soldiers visited Diokno at his home at 12 Margarita Street,
Magallanes Village,
Makati to "invite" him for questioning. He changed from his pajamas and was sent to Camp Crame. They had no warrant. Diokno and Aquino, whom the dictatorship considered their foremost opponents, were later handcuffed to
chopper seats, blindfolded, and flown out to be solitarily confined at
Fort Magsaysay, located in the municipality of
Laur, Nueva Ecija. They remained confined to Fort Magsaysay for exactly thirty days. They both learned of each other's presence through singing. One of them would frequently sing
the national anthem Lupang Hinirang or "Chosen Land," to which the other would reply by singing
Bayan Ko or "My Country" to prove he was still alive. From the fish being served by the cook
Aling Cely, who later became the museum curator of the converted national memorial called the "Aquino-Diokno Memorial," Diokno was able to correctly deduce that he was detained in Nueva Ecija, particularly in Fort Magsaysay. To tally the number of days, Diokno used rope knots from his
mosquito net as well as the back of a soap packaging box and crossed out each day in the manner of a calendar. Once both were brought back to
Fort Bonifacio, his visiting family members were often strip-searched by soldiers with intent to commit blatant harassment. They would sneak in books in French and Spanish for him to read, while the children would serenade with a guitar as he would converse to his wife in Spanish for only them to hear and comprehend. Diokno would tell his family not to weep in front of the sadistic soldiers. Only his godmother Paz Wilson, a nonagenarian, and a mother figure throughout his childhood and since his mother's death, would frequently cry during every visit. She continued to visit despite also undergoing full-body strip searches. The family would be in tears once they left the prison, where the
Aquino family would see them. This helped the Aquinos prepare themselves emotionally since they never saw the Diokno family manifest much pain before.
Nena Diokno, suspicious of Marcos, took most of her husband's books at the library of his
bupete on
M.H. del Pilar and brought them home before the military burned down the building. Jose would thank her as he was very familiar with the library and memorized the location of each shelf and book he read. Outside the prison, Marcos announced at his executive mansion,
Malacañang Palace that September 21 would be known as "National Thanksgiving Day," the same day Diokno led his biggest Plaza Miranda rally. This declaration has led to a general confusion about the true date of the public announcement of martial law, which was actually on September 23, two days after Proclamation No. 1081 was signed. Diokno spent 718 days, or nearly two years in detention, mainly at the maximum security compound of Fort Bonifacio. While Aquino was charged with subversion, no charge was ever filed against Diokno. Diokno was released arbitrarily on September 11, 1974—Marcos's 57th birthday. After his release, Sen. Diokno mentioned in an interview that he served as an instructor teaching law courses, especially Remedial Law and Human Rights, at the
University of the Philippines (UP) College of Law at its request after he was released from Fort Bonifacio. This continued until Marcos found out and had him banned from the national public university, though Diokno continued returning for speeches and conferences, and was later honored with a mural of him and other martial law heroes at the school's main college building of
Palma Hall. A year later, in 1975, Diokno was chosen as chairman of the Civil Liberties Union, a position he held until 1982. Under his chairmanship, CLU issued a formal statement in 1978 declaring that the President Marcos and martial law were not the main threats to Philippine democracy, but "US imperialism, without which martial law would never have been installed." Later in March 1983, Diokno founded the
Kilusan sa Kapangyarihan at Karapatan ng Bayan (Movement for People's Sovereignty and Democracy) Organization or
KAAKBAY, which was ideologically
moderate and distinct from other beliefs such as
Marxism but was joined by fellow Marxists and
Capitalists. KAAKBAY influenced the public and fought hard against the Marcos administration using non-violent activism or "pressure politics." KAAKBAY later elevated pressure politics as an important principle for post-democracy through its publication called "The
Plaridel Papers." The August 1984 edition of The
Plaridel Papers popularized the concept of pressure politics and introduced a political system that would involve the "parliament-of-the-streets" in building a "popular democracy." KAAKBAY was also one of the main member organizations of the
Justice for Aquino, Justice for All (JAJA) coalition, which was founded by Diokno on August 25, 1983, following
Ninoy Aquino's assassination for returning to the country to face Marcos. JAJA was the first united front against Marcos, but it did not last long. KAAKBAY served as the main coalition that kept the other extreme groups from leaving JAJA. JAJA was later replaced by the relatively leftist Coalition of Organizations for the Restoration of Democracy (CORD) in mid-1984, which had almost the same members. Before the creation of CORD, many former JAJA members who disagreed with the communists also organized a much wider alliance called the
Kongreso ng Mamamayang Pilipino (KOMPIL) or the Congress of the Filipino People, and was mainly headed by Diokno. From January 7 to 8, 1984, 2,300 delegates representing all sectors gathered at the KOMPIL congress to vote on multiple issues. One of the decisions voted by 60% of the attendees was to establish a new
Commission on Elections (COMELEC). Elected leaders included statesmen such as Diokno,
Lorenzo Tañada,
Aquilino Pimentel,
Cecilia Muñoz-Palma,
Ambrosio Padilla,
Salvador Laurel, and Jovito Salonga. Others came from non-political sectors, including
Makati's
Enrique Zobel, who was related to Andy Soriano and due to consanguinity was part of the
Ayala Corporation. Another leader was Cardinal
Jaime Sin, who would play an important role
two years later for the opposition. Of all the issues, the largest was concerning a letter they made called the
Call for Meaningful Elections (CAMEL). Some including Diokno and Aquino's brother
Butz preferred to boycott any election to avoid legitimizing the Marcos rule. On the other hand, some of the other signatories preferred to participate in the elections, including
Ninoy Aquino's widow,
Corazon Cojuangco-Aquino. In May 1985, Diokno was elected as the first president of the
Bagong Alyansang Makabayan (Bayan) alliance during its first congress. His position as president would be short-lived, however, with him resigning some months later due to reportedly becoming uneasy about the growing influence of the
Communist Party of the Philippines (CPP) and its
National Democratic Front (NDF) in the alliance. Diokno was a part of multiple organizations and alliances that fought the administration and foreign intervention. He continued to attack the different policies of the Marcos administration, such as their controversial nuclear programs that led to the sabotaged construction of the costly
Bataan Nuclear Power Plant, thereby infuriating Marcos. Diokno continued to serve as the leader behind ceasing Marcos's numerous incomplete projects.
Human rights work holding a microphone Immediately after his release, Diokno set up the
Free Legal Assistance Group (FLAG) in 1974, which gave free legal services to the victims of martial law. It was the first and largest association of human rights attorneys ever assembled in the nation. In court, Diokno personally defended tribal groups, peasants, social workers threatened by exploitation, and military atrocities, which he represented pro-bono. FLAG popularized developmental legal aid and even doled out allowances to its clients. This has led to new laws requiring newly sworn in lawyers to provide free legal assistance for a certain amount of time. FLAG handled 90 percent of human rights cases in the country as well as built programs to educate citizens about human rights. Although the council paved the way for future human rights declarations by other organizations like the United Nations, their momentum gradually declined decades after the Marcos regime ended. Diokno was also, inter alia, the chairman of the first
Human Rights Information and Documentation Systems, International (HURIDOCS) assembly in
Strasbourg, France, which was a historic event that involved over two hundred representatives. HURIDOCS founder Hans Thoolen said years later in a tribute to Diokno that he witnessed Diokno present novel ideas on practical ways to defend human rights victims at the 1983
SOS-Torture constituent assembly held in
Geneva, Switzerland, and that Diokno frequently disseminated human rights primers published in the common vernacular for mass audiences. ==Final years and death==