Tag Archives: Freedom from torture

[Event] Basta! Run Against Torture! (V) – UATC

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Friday,  June 24, 2011

ASSEMBLY: 700 – 730 AM in front of the Department of Interior and Local Government Building (Mapagmahal St. corner EDSA)
Route: EDSA (in front of DILG) – East Ave. – QC Elliptical Road –PhilCOA – Commonwealth – Commission on Human Rights
700 runners from the United Against Torture Coalition (UATC),
Commission on Human Rights (CHR) ,Presidential Human Rights Committee,
Department of Interior and Local Government (DILG), Department of Justice (DOJ),
Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP)

For more information, please contact Mei Orias of Amnesty International Philippines through the following contact numbers: mobile – 09996282066 / landline – 4338100 / email – meiorias@amnesty.org.ph

[Photo blog] Jesus Christ was a torture victim – cannotallowtorture.blogspot.com

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Jesus Christ was a torture victim.

by CAT Alert! cannotallowtorture.blogspot.com

In observance of the Lenten Season we are posting again a portion of the statement released by Philippine Alliance of Human Rights Advocates (PAHRA) during the launching of the CAT Alert campaign three years ago. Here it goes… 

Photo from The Passion of Christ

Since time immemorial, torture has been humanity’s option for clinging to power and in suppressing truth. This happened to St. Stephen, the first martyr of the Church, during his stoning to death.

Martyrdom of St. Stephen

This was humanity’s betrayal of Christ which ended up in the nailing on the cross. Indeed, He was a torture victim.

Photo from The Passion of Christ

Being sold for thirty pieces of silver; tried in public to denounce the supremacy of God over Ceasar; scourged at the pillar to test the vulnerability of the Son of God; crowned with thorns to disgrace the very sanctity of His Father.

Photo from The Passion of Christ

Torture was a method perpetrated with presumed regularity within the very procedures in the implementation of the law of man. Today, this is still happening.

Lenin Salas, torture victim. Photo by AHRC

This is happening to any Juan, Pedro, and Maria in their quest to protect integrity and dignity as individuals or communities in the Philippines.

PICOP 6, abducted, tortured, killed, disappeared. Photo by FIND

Jhon Paul Nerio. Photo by http://www.humanrights.asia

See more photos @ cannotallowtorture.blogspot.com

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[Open Letter] PHILIPPINES: Concern over how the PLEB is handling the case of the torture victim Jhon Paul Nerio – AHRC

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Atty. Fernando Cubero
Chairman
Peoples Law Enforcement Board
City Hall of Kidapawan
Kidapawan City
PHILIPPINES

Tel. No.: +63 64 288 1369
Ref. No.: Mr. Jhon Paul Nerio (Admin Case No. 11-02)

PHILIPPINES: Concern over how the PLEB is handling the case of the torture victim Jhon Paul Nerio
Asian Human Rights Commission The Asian Human Rights Commission (AHRC) is writing with deep concern with regard to how your office is dealing with the administrative complaint of Mr. Jhon Paul Nerio, a torture victim. We are concerned about his case as we have been assisting him and his family in his complaint.

Please note that before you came to know about Mr. Nerio’s case and his administrative complaint filed to your office on March 28, 2011, they had sought the assistance of the local police, particularly from P/Supt. Alexander Camilon Tagum, who introduced himself as Company Commander of the Cotabato Provincial Public Safety, but he did nothing when asked to intervene to have the victim’s torture complaint investigated.

On March 4, 2011, the victim’s father, Pablito; and his wife, Onyx were not afforded the assistance by P/Supt. Tagum, that should have been expected from a police establishment. Before P/Supt. Tagum even conducted an investigation, he had already trivialized the victim’s complaint. The victim’s family had no legal knowledge in pursuing complaints against the police. They were ignored on the occasions when they needed the police intervention to investigate. P/Supt Tagum had given the victim’s parents vague instructions on how they should pursue the complaint, which of course they could not possibly comprehend having little experience in matters of legality.

P/Supt. Tagum also told the Nerios that one of the respondents, P/Insp. Joan Resurreccion, could not and must not be disturbed as he was undergoing schooling related to his police service. The very obvious and incredible display of arrogance of this police colonel to try to defend his subordinates is highly unacceptable.

Also, on March 1, 2011, a few days before the Nerios asked P/Supt. Tagum’s assistance to have their complaint of torture investigated they had also gone to the Kidapawan City Police Office (KCPO). Here, a police officer, whom they know only as Colonel Mamburam, had put the blame solely on the victim, Jhon Paul. He, too, described the victim as “Gong gong (stupid)” humiliating his parents, at that time.

This account of the incident however was never mentioned in the police record; nor was it mentioned in the complaint filed in your office. But that does not mean it did not happen nor that the family have no evidence to prove this. In fact, they do have. They did not mention any of these matters as at the time, P/Supt. Tagum was not directly involved in the proceedings. However, now that this Superintendent has filed for an extension on behalf of the respondents it now becomes necessary to inform you of his actions or rather, the lack of them. P/Supt. Tagum’s intervention on behalf of the respondents exposes him and the police establishment as nothing but protectors of torturers.

Violations to Anti-Torture Act of 2009

Under the Anti-Torture Act of 2009 (R.A. 9745), the action of P/Supt. Tagum and another police colonel called Mamburam, has breached out rightly section 9 (a), which requires that: a victim of torture shall “have a prompt and impartial investigation” by the concerned government agencies, which includes the PNP.

We are not aware of any action taken on the part of P/Supt. Tagum and the police colonel known only as “Colonel Mamburam”.

Nevertheless, P/Supt. Tagum has taken it upon himself to file a “Motion for the Extension of Submission of Answer Under Oath” on April 4, 2011 on behalf of the respondents, namely P/Insp. Joan Resurreccion, P03 Renato Servidad, P02 Aileen Jauod, P02 Bembol Malaluan and P02 Jovan Mapandi, after your office had sent subpoenas to their office on March 30, 2011 requiring them to answer the complaint.

The Motion for Extension, however, did not contain any explanation that could have justified P/Supt. Tagum’s role or personality in his submission of the Motion on behalf of the respondents, particularly P/Insp. Ressureccion; nor did it contain any explanation he had been given instructions to submit the Motion on behalf of the respondents.

The Motion that P/Supt. Tagum had filed also contains contradictions and lacks any justifications required by the PLEB Rules to merit its approval.

Lack of justification to delay proceedings

Firstly, while P/Supt. Tagum claimed that after receiving the summons, “we immediately exerted efforts to contact P/INSP. RESURRECTION through different means of communications being the main deponent of this instant Administrative case, however, our effort futile” (sic). P/Supt Tagum nevertheless informed that the respondent is presently at “Fort Ramon Magsaysay, Nueva Ecija undergoing training on BASIC AIRBORNE COURSE, that commenced last March 15, 2011″.

When we made a follow up on the case today, April 14, at your office, we were informed that the P/Supt. Tagum’s Motion had been granted on April 7; but when their Answer was due to be submitted on April 12, the other respondents filed another Motion for Extension on the same grounds which your office once again approved for April 18. Thus, none of the police officers have answered the complaint since it was filed on March 28.

The Motion that P/Supt. Tagum had first filed and subsequently that of the other respondents lacks credibility and impartiality. We could not understand as to what basis your office had in deciding to grant their motion, not only once but on two occasions. We consider P/Supt. Tagum’s claim to have been unable to contact P/Insp. Ressurreccion contradictory and lacking in logic. It is incomprehensible as to how he could not contact him but at the same time he was able to give details regarding his whereabouts and nature of his training.

Also, when the Nerio couple sought P/Supt. Tagum’s assistance asking their complaint to be investigated on March 4, 2011, he had already told them the P/Insp. Resurreccion was at that time on training and that he could not and must not be disturbed. However, in the Motion for Extension that P/Supt Tagum had himself written, signed and filed in your office the training in fact started only on March 15, 2011. There cannot be any clearer evidence that P/Supt. Tagum was, in fact, attempting to cover up for P/Insp. Resurreccion in the knowledge that he was possibly a respondent in a case of torture.

We protest the granting of the extension on the basis that they lack credibility, impartiality and legal justification as required by the PLEB Rules. They are purely an ill-disguised attempt to frustrate the proceedings of the complaint.

The granting of the extensions were a breach of Rule IV, section 5 of the PLEB’s Revised Rules of Procedure in the hearing and adjudication of citizen’s complaints against uniformed members of the Philippine National Police (PNP), which clearly states that: “No motion to dismiss, motion for bill of particulars or any other interlocutory motion shall be allowed hence, filing of the same shall not interrupt the running of the reglementary period for filing an answer”.

The secretary of your office, whom we spoke to by telephone stated that: “It has been granted (the motion for extension) sir because the main respondent P/Insp. Ressureccion is still in schooling, so as of now he is out of town for an Airborne basic training” and then the rest of the complainants also filed another extension but hopefully this (April) 18 it (the complaint) will be answered”.

Please take note that the Role of PLEB as a quasi-judicial body is summary in nature as required by section 2 of the Rules of Procedures, “the hearing is summary in nature and shall not be governed strictly by the technical rules of procedures”. Moreover, section 10 (d) of the Rule prohibits “prolonged argumentation and other dilatory proceedings”. We are deeply concerned by the failure of your office to dispense your duties as required by the complaint procedure of the PLEB.

Failure to request for “Preventive Suspension”

Secondly, we are not aware as to whether your office has considered to “Request for Preventive Suspension”, as required by section 13 of the PLEB Rules, on all the respondents involved in this case. Since your office took cognizance of the case, we presumed that, as required by Rule III, section 1, the nature of the complaint had been considered as “grave or less grave”.

According to the details that we already have, the four elements that are required from the PLEB wherein request for Preventive Suspension is justifiable, to the superior police officials of the respondents, as required by section 13 of the PLEB Rules, have been meet, as we explain below;

Refusing to heed subpoena
As explained above, we are deeply concerned by the continuing efforts by the respondents to deliberately postpone and delay their submission of their answers to the complaint. We could not understand why all the respondents were granted extensions on the grounds similar to what their commander had put forward, i.e. that P/Insp. Resurreccion, that he is on schooling.

We could also not understand why the respondent police officers, as you are aware who themselves had far better understanding of legal process and had access to legal counsel, would ever need their commander to be literally behind them and be physically present to be able answer the charges against them. This administrative charge is not collective in nature; thus, it is incomprehensible that all the other police respondents would not be able to answer without the presence of their commander.

We, therefore, consider this as an outright refusal to heed to the PLEB’s subpoena, let alone that the Motion for Extension should have not granted by the PLEB.

Charge with bodily harm
As explained in detail by the torture victim Jhon Paul Nerio in his complaint, the administrative charges on the respondents is torture–which the victim himself has clearly described. Torture is a serious offense. It involves not only the infliction of bodily harm, but psychological and emotional trauma on the victim. This has also been explained in detail by the victim in his testimony.

Respondent are in a position to tamper evidence
As also explained by the victim in his complaint, the policemen involved had deliberately conspired to conceal the details about the torture. They have concealed any information about what had happened to him while he was in their custody and when he was in the custody of the Women and Children’s Desk (WCD) of the PNP in Kidapawan City.

When the victim was turned over to the WCD, the officers who brought him never mentioned about what had happened to him while he was in their custody; nor was the victim given the opportunity to put on record his allegations of torture because the policewoman, P02 Jauod, had deliberately not recorded his testimony. The extract of the police blotter on the date when the victim was arrested, held in custody and questioned in absence of his parents, never contained anything about his allegations of torture.

Thus, the respondents had the capacity to and have, in fact, “tampered with the evidence”.

Unduly influencing the witness
After the complaint was filed to your office, on April 2 & 3, 2011, some respondents had approached the victim, Jhon Paul; and his parents, Pablito and Onyx, in person by visiting their home asking them to settle the case. They did this despite knowing full well that, on any administrative complaint filed against police in PLEB, section 8 of the Rules strictly requires that: “In no circumstance shall there be an amicable settlement of the case”.

We were informed that the respondents had offered a sports motorcycle to the victim in exchange for withdrawing the charges. The nature of complaint of torture is serious and must not be taken lightly. The complainant of torture is not only a victim but also the sole witness to their own case in the crime of torture that had been committed on him. In this case, only Jhon Paul is the person who could testify in your proceedings about his ordeal of torture, no one else.

Once again it is only Jhon Paul who could testify in the hearing of your summary proceedings as to how he was arbitrarily arrested without explaining to him the nature of offense on which he was arrested, how he had been assaulted and tortured in open view when he was arrested; how he was threatened to be harmed, if not killed, as he was held in the custody of the police at their police quarters; and how the police, particularly PO2 Jauod, did nothing when he was tortured and assaulted while in her custody.

Also, only Jhon Paul could testify as to how the police have deliberately suppressed the details about how he had been tortured; and as to how P02 Jauod had ignored his request for treatment, his request to contact his parents–as required by law for minors; and his demand from the policemen who had tortured and assaulted him of explanation as to for why they were torturing him.

Lastly, we urge your office to perform your duties and obligations; and to implement the Rules of Procedure of PLEB with impartiality and competence. The PLEB, as you know full well was established as a complaint mechanism for citizens is civilian in nature. The composition of the PLEB board that takes, accepts, investigates and hears cases of administrative complaint in summary proceedings against policemen was deliberately created as civilian in nature. This was done to uphold the supremacy of civilian authority over the police.

However, we are deeply concerned that the manner in which your office is handling this complaint has been contrary to the purpose of the creation of the PLEB. Unless the object of our protest and concerns, as we have illustrated are corrected, the credibility and authority of your office would remain in question.

Yours sincerely,

Md. Ashrafuzzaman
Programme Officer
Urgent Appeals Programme
Asian Human Rights Commission, Hong Kong

SPECIAL REPORT: Torture in the Philippines & the unfulfilled promise of the 1987 Constitution
FOR IMMEDIATE RELEASE
April 14, 2011
AHRC-OLT-003-2011
An Open Letter from the Asian Human Rights Commission to Atty. Fernando Cubero, Chairman, Peoples Law Enforcement Board in Kidapawan City

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[In the news] De Lima vows to take 1st step for ‘Abadilla 5’ – INQUIRER.net, Philippine News for Filipinos

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De Lima vows to take 1st step for ‘Abadilla 5’ – INQUIRER.net, Philippine News for Filipinos.

By Nikko Dizon
Philippine Daily Inquirer
Source: Inquirer.net

MANILA, Philippines—Justice Secretary Leila de Lima has “promised” to endorse an appeal for clemency from the five men convicted of the murder of Marcos intelligence officer Rolando Abadilla, opening the door to a pardon from President Benigno Aquino III, activist priest Fr. Robert Reyes said Tuesday.

Reyes, spiritual adviser to the five men, said he met with De Lima to follow up on the appeals of Cesar Fortuna, Rameses de Jesus, Leonido Lumanog, Joel de Jesus and Augusto Santos, collectively known as the “Abadilla 5.”

He said De Lima “promised” to make the recommendation within the week for the Board of Pardons and Parole “to start working on the appeal for clemency.”

“It’s the first process toward being granted clemency,” Reyes said, adding that the grounds would probably be humanitarian reasons.

“Leny Lumanog is ailing while the other families continue to be devastated by what happened. I am witness to the families’ sufferings,” he said.

The five continued to maintain their innocence and claimed that they were tortured into admitting to the ambush of Abadilla on June 13, 1996, in Quezon City.

Their families said the Abadilla 5 were no longer interested in clearing their names but in seeking clemency from Mr. Aquino so they could rejoin their families.

The five men have been incarcerated at the New Bilibid Prisons in Muntinlupa City for more than a decade, serving out the life terms meted out to them by the court that convicted them of Abadilla’s killing. The Supreme Court has affirmed the conviction.

“We are hoping, making an effort that they be granted clemency before the 15th anniversary of the killing,” Reyes said.

[In the news] Human rights advocates hold seminar with NGOs on new anti-torture law- www.zamboangatoday.ph

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Source: www.zamboangatoday.ph By Hader Glang

Non-governmental organizations (NGOs) from provinces in Mindanao on Wednesday completed a one day seminar on Anti-Torture Law and United Nations Committee Against Torture Concluding Observations and Recommendations, held in one of the local hotels in this city.

The Philippine Alliance of Human Rights Advocates (PAHRA) oriented the NGOs on concluding observations and recommendations including the training of the police, military regarding the convention against torture and steps to be taken for people who are arrested and due process to be able to prevent torture. “The conference (seminar) is in relation to the new law of anti-torture and its implementing rules and regulations. We have already, of course, received the United Nation‘s recommendations to the Philippine government after its report to implement the recommendations,” said Max De Mesa, chairperson of the PAHRA. According to De Mesa, the participants coming from their partner organizations based in Mindanao were oriented on the new Anti-Torture Law or Republic Act 9745 so that they will have a common knowledge on the law and share it to their respective communities and organizations.

Under the provisions of the new law, in a nutshell, the law makes torture a crime and it is primarily applicable to abusive authorities. The law ensures the human rights of all persons, including suspects, detainees, and prisoners are respected at all times especially by law enforcers. It defined “torture” as an act which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining information from him or her. Also, the law states that any confession, admission or statement obtained as a result of torture will be accepted as evidence in any proceedings.

Among the forms of physical torture were systematic beating, head banging, punching, kicking, striking with truncheon or rifle butt, food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally eaten, electric shock, cigarette burning, burning by electrically heated rods and the submersion of the head in water.

Meanwhile, some forms of mental torture include blindfolding, prolonged interrogation, confinement in solitary cells or secret detention places, preparing a prisoner for a “show trial” and public display or public humiliation of a detainee or prisoner. With the new law, De Mesa said arrested persons or suspects should be given medical examination before and after they are detained to be able to prevent torture and ensure that they get due process and the prevention of any physical harm, psychological and mental torture. “What is really needed is that the police and the military upon arrest they should immediately turn over the suspect or the arrested person to the proper authority and be given due process, especially having counseled present if there is any charges being traded against him or her,” the human rights group leader stressed.

De Mesa disclosed that in the next few days and months they would step up their campaign on popularizing the knowledge about the new Anti-Torture Law in the different regions nationwide and at the same time to be able to train human rights defenders and para legal to be able to intervene in such cases. It was learned from the human rights advocates that from 2001 to 2010, more than 200 torture cases were reported to them by their partner organizations from the different regions nationwide, wherein Mindanao had the most number of victims. –

http://www.zamboangatoday.ph/index.php/news/13-top-stories/3846-human-rights-advocates-hold-seminar-with-ngos-on-new-anti-torture-law.html

Human rights advocates hold seminar with NGOs on new anti-torture law     PDF     Print     E-mail Saturday, 09 April 2011 12:41  Non-governmental organizations (NGOs) from provinces in Mindanao on Wednesday completed a one day seminar on Anti-Torture Law and United Nations Committee Against Torture Concluding Observations and Recommendations, held in one of the local hotels in this city. The Philippine Alliance of Human Rights Advocates (PAHRA) oriented the NGOs on concluding observations and recommendations including the training of the police, military regarding the convention against torture and steps to be taken for people who are arrested and due process to be able to prevent torture. “The conference (seminar) is in relation to the new law of anti-torture and its implementing rules and regulations. We have already, of course, received the United Nation’s recommendations to the Philippine government after its report to implement the recommendations,” said Max De Mesa, chairperson of the PAHRA. According to De Mesa, the participants coming from their partner organizations based in Mindanao were oriented on the new Anti-Torture Law or Republic Act 9745 so that they will have a common knowledge on the law and share it to their respective communities and organizations. Under the provisions of the new law, in a nutshell, the law makes torture a crime and it is primarily applicable to abusive authorities. The law ensures the human rights of all persons, including suspects, detainees, and prisoners are respected at all times especially by law enforcers. It defined “torture” as an act which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining information from him or her. Also, the law states that any confession, admission or statement obtained as a result of torture will be accepted as evidence in any proceedings. Among the forms of physical torture were systematic beating, head banging, punching, kicking, striking with truncheon or rifle butt, food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally eaten, electric shock, cigarette burning, burning by electrically heated rods and the submersion of the head in water. Meanwhile, some forms of mental torture include blindfolding, prolonged interrogation, confinement in solitary cells or secret detention places, preparing a prisoner for a “show trial” and public display or public humiliation of a detainee or prisoner. With the new law, De Mesa said arrested persons or suspects should be given medical examination before and after they are detained to be able to prevent torture and ensure that they get due process and the prevention of any physical harm, psychological and mental torture. “What is really needed is that the police and the military upon arrest they should immediately turn over the suspect or the arrested person to the proper authority and be given due process, especially having counseled present if there is any charges being traded against him or her,” the human rights group leader stressed. De Mesa disclosed that in the next few days and months they would step up their campaign on popularizing the knowledge about the new Anti-Torture Law in the different regions nationwide and at the same time to be able to train human rights defenders and para legal to be able to intervene in such cases. It was learned from the human rights advocates that from 2001 to 2010, more than 200 torture cases were reported to them by their partner organizations from the different regions nationwide, wherein Mindanao had the most number of victims. – By Hader Glang
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[In the news] Cop in torture video asks court to stay his dismissal – INQUIRER.net, Philippine News for Filipinos

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Cop in torture video asks court to stay his dismissal – INQUIRER.net, Philippine News for Filipinos.

By Jaymee T. Gamil
Philippine Daily Inquirer
Source: Inquirer.net

 

File photo source: allvoices.com

MANILA, Philippines—Maybe he just wants a second chance.

Senior Inspector Joselito B. Binayug on Tuesday asked the Manila Regional Trial Court to prevent Director Nicanor Bartolome of the National Capital Region Police Office (NCRPO) from enforcing his earlier decision dismissing him from the service.

Binayug used to head the police precinct in Asuncion, Tondo, but he was relieved of his post last year after a video showing a policeman torturing a detainee inside the station was shown on television. The policeman was believed to be Binayug.

On January 14, Bartolome issued a resolution dismissing Binayug from the service for violating the Anti-Torture Act of 2009. He also denied the motion for reconsideration filed by the police official.

In his petition, Binayug claimed that even though his motion for reconsideration had yet to be resolved, Bartolome was already announcing his dismissal from the service to reporters, a sign that the latter had made up his mind.

He asked the court to nullify the NCRPO chief’s decision because it was “contrary to law.”

Binayug also alleged that Bartolome “committed grave abuse of discretion amounting to excess or lack of jurisdiction when he deliberately, out of passion and prejudice, ignored the law and procedure in the admission of video footage as evidence” without proper authentication.

“It is common knowledge that [a] video recording can be spliced easily to suit the needs of a particular user,” he told the court.

[In the news] Six of Morong 43 sue Arroyo, AFP officials for ‘torture’ – Nation – GMA News Online – Latest Philippine News

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Six of Morong 43 sue Arroyo, AFP officials for ‘torture’ – Nation – GMA News Online – Latest Philippine News.

by ANDREO CALONZO, GMA News

Six of the so-called “Morong 43″ health workers filed on Monday a P15-million damage suit against former President Gloria Macapagal-Arroyo and several military officials for alleged “physical and psychological” torture committed against them while they were detained last year.

The Morong 43 health workers were detained for 10 months last year on suspicion that they were New People’s Army members.

The health workers filed the lawsuit against Arroyo, and nine other government and military officials before the Quezon City Hall of Justice at 11:00 a.m. on Monday.

The six complainants in the case were:
Dr. Merry Mia-Clamor;
Dr. Alexis Montes;
Gary Liberal;
Ma. Teresa Quinawayan;
Mercy Castro, and
Reynaldo Macabenta.

to read more…

PHILIPPINES: Torture of a 17-year-old boy at the Women and Children Desk at a police station — Asian Human Rights Commission

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PHILIPPINES: Torture of a 17-year-old boy at the Women and Children Desk at a police station — Asian Human Rights Commission.

Source: http://www.humanrights.asia, posted in March 18, 2011

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-063-2011

18 March 2011
——————————————————
ISSUES: Arbitrary arrest and detention; Child rights; Inhuman and degrading treatment; Torture; Victims assistance & protection
——————————————————

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that a 17-year-old boy was tortured on December 11, 2010 in the custody of the police. The victim, who revealed to his parents his ordeal only on February 26, 2011 due to trauma, was tortured at a police quarter and inside the Women and Children’s Desk of the police.

CASE DETAILS:

On the evening of December 10, 2010, John Paul Nerio, (17 years old at the time of incident), was arrested after he was mistakenly accused of being involved in a fight at a bar. The policemen who arrested him, are attached to the Special Weapons and Tactics (SWAT) of the Philippine National Police (PNP) in Kidapawan City, took him to their police quarter where he was tortured.

After he was tortured at that location they delivered the victim to the Women and Children’s Desk (WCD) where they reported the victim’s arrest, supposedly for violating the city’s curfew. Here, the victim was again physically assaulted and tortured in front of the policewoman recording his case and in open view of onlookers some of whom were civilians.

John Paul’s complaint of torture was not recorded, as shown in this police record, by the policewoman who investigated his case. The identity of the policemen involved is however, mentioned in this police record. The complete details about how John Paul was tortured can be read in the sample letter below.

When interviewed by the AHRC, John Paul gave details of his ordeal in Cebuano, one of the regional languages in the country. His testimony can be heard here:

John Paul also wrote his testimony in Cebuano about his ordeal. His father, Pablito Nerio, who immediately sought assistance from local police after learning about the torture of his son also wrote in his testimony how the police ignored their complaint.

A discussion about the difficulty of torture victims and their families to have their complaints investigated promptly and adequately can also be heard here.

The AHRC has already written appeal letters to the Public Attorney’s Office (PAO) and the Commission on Human Rights (CHR) in Manila respectively requesting their immediate intervention. However, apart from referring the case to their regional offices, no substantial progress has taken place.

In her letter to a field officer, Mrs. Persida Rueda-Acosta, chief of the PAO, has endorsed the AHRC’s appeal to their lawyer, Orlando Dano in Kidapawan City. She gave him ten days from the date of the endorsement (15 March), to submit a report upon receipt of her letter.

Also, in an email receive by the AHRC from Mr. Aki Nano, a CHR staff attached to the Office of the Chairperson, following a telephone inquiry, said that: “as per our record, we did received last 15 March the fax letter of AHRC re the case of John Paul Nerio. The matter has been referred to our Field Operations Office for the appropriate action of CHR Regional Office in region 12 where the incident took place.”

While the AHRC appreciates the action taken so far by the PAO and CHR; however, it has reservations as to whether the investigation would commence promptly and that it would be able to complete their investigation in the period required by the Anti-Torture Act of 2009.

As of the writing of this Appeal when the AHRC contacted the victim’s family about the matter, none of the field staff from either the PAO or CHR, who have been tasked to investigate the complaint, have ever contacted them about their case.

SUGGESTED ACTION:
Please write letters to the concerned authorities below requesting for their intervention. Please be informed that the AHRC is also writing a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.

To support this appeal please click here:

Suggested letter:

Dear ___________,

PHILIPPINES: Request to commence an investigation and to provide legal assistance to torture victim, John Paul Nerio

Name of the victim: John Paul Nerio (he was 17 years old when the incident happened), a resident of Barangay Manongol, Kidapawan City. He is a student of the Kidapawan National High School (KNHS).
Alleged perpetrators:
1. Police Officer 1 (PO1) Mapandi
2. P02 Malaluan
Police 1 & 2 are members of the Special Weapon and Tactics (SWAT). They were the ones who took the victim to the Women and Children’s Desk (WCD) of the Kidapawan City Police Office (KCPO).
3. P02 Aileen Pacheca Jauod. She was the duty police officer at the WCD of the KCPO when the victim was assaulted in her presence.
Date and time of the incident: On December 10 evening to 11, 2010 at 3 a.m. at the headquarters of the SWAT and at the Women and Children’s Desk (WCD) of the Kidapawan City Police Office (KCPO).

The Asian Human Rights Commission (AHRC) is writing to draw your attention to the case of John Paul Nerio of Kidapawan City, who was tortured in the custody of police officers on December 11, 2010. When the incident happened, he was 17 years-of-age. Following the incident he deliberately hid the details of his ordeal from his parents due to fear and trauma.

Details of the case

On the evening of December 10, 2010, John Paul was on his way to a bar in downtown Kidapawan City to meet a friend. There was a fight at the bar where he was supposed to see his friend which had just happened. He saw people, including those involved in the fight, running away from the bar to avoid trouble.

Upon seeing this scene, John Paul immediately hid behind a bush to avoid drawing attention to himself. He was aware that once he is seen, he would be mistakenly suspected of involvement in the fight; thus, by hiding behind the bush he could get away from being accused of involvement.

However, when about five police officers, all of them are attached to the Special Weapons and Tactics (SWAT), arrived at the scene of the fight, they had seen John Paul hiding behind the bush. They threw rocks at him for him to come out in open. They allegedly forcibly dragged him from where he was hiding towards the police car; repeatedly hit him in view of the onlookers with their guns in his chest. The policemen demanded from him to disclose the identities of who were ‘his supposed accomplices’ in the fight.

John Paul told the policemen arresting him that he was innocent. He also asked from them reasons as to why they were arresting him, what was his wrongdoing and why the need to torture him. However, the policemen ignored him. They told him that he had violated the city’s curfew for minors, but did not elaborate further.

After taking John Paul into custody they took him to, according to what the victim himself described, as a ‘hideout or headquarter’. Here they threatened him that if he refused to cooperate with the police, they could torture and do whatever they want to him because no one will see them. They forced the boy to clean the dirty and stinky toilet at the police quarters. They threatened and intimidated him while he was in their custody before taking him to the Women and Children’s Desk (WCD) of the Kidapawan City Police Office.

Once they arrived at the WCD, the two police officers, P01 Mapandi and P02 Malaluan, who took custody of the victim at the time of his arrest and turned him over to the WCD, had his arrest recorded ‘for violation of curfew for minors’. However, while he was at the WCD, there were unnamed policemen, who were attached to the same police station, who took turns in assaulting him in open view of the policewoman who was recording his case. The policewoman, P02 Aileen Pacheca Jauod, did nothing to stop or prevent her colleagues from assaulting the boy but rather continued to watch passively while they continued to do so.

What P02 Jauod only did was to take the boy away from the policemen assaulting him. P02 Jauod also did not put on record the victim’s allegation of torture against the arresting policemen; of what had happened to him while he was in their custody at their quarter or that the policemen had threatened and intimidated him. She also did not contact the victim’s parents as is legally required for arrested minors. John Paul told P02 Jauod that he had been tortured and requested that he be taken to hospital to be examined and treated. However, his request was ignored.

Every time the boy requested and mentioned his need for treatment of his injuries and examination, P02 Jauod tried to change the topic of their discussion to deliberately deviate his attention to something else. As a result John Paul was never examined. What P02 Jauod did before letting John Paul go from their custody was to asked him: “kaya pa nimo? (Can you still bear the pain?). The victim had no choice but to agree.

It was not until February 26, 2011 that John Paul informed his parents about what had happened to him. The boy, following the incident, had experienced emotional and psychological trauma–like fear in the presence of policemen. He was never afforded any form of treatment and counseling. John Paul had already stopped from going to school because of fear, not only from policemen whom he would came across at anytime; but also of what they are capable of doing once his family became involved.

As of today, John Paul’s complaint has not been thoroughly investigated. The details regarding the torture that he had experienced cannot even be found in police records due to deliberate attempts to cover the matter up.

It is disappointing that the Women and Children’s Desk of the police station, the desk that is supposedly responsible to look after the welfare of children, became instrumental in covering-up an act of torture. The behaviour of policewoman, P02 Jauod, who tolerated the torture and assault of the victim in her presence, is not only unacceptable but also incomprehensible.

I therefore urge you to immediately afford the victim and his family the assistance, as required by section 11 of the Anti-Torture Act of 2009, in the process of having their complaint investigated and of filing a complaint. I also request your office to provide the victim needed assistance to ensure his recovery.

Yours sincerely,

——————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Benigno Aquino III
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80

2. Ms. Loretta Ann Rosales
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chair.rosales.chr@gmail.com

3. Mrs. Persida V. Rueda-Acosta
Chief, Public Attorney Office (PAO)
DOJ Agencies Building,
NIA Road East Avenue
1104 Quezon City
PHILIPPINES
Tel. No.: +63 2 929 9010 / 9436
Fax No. +63 2 927 6810 / 926 2878
Email: chiefacosta@edsamail.com.ph

4. Director General Raul Bacalzo
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Fax: +63 2724 8763
Tel: +63 2 726 4361/4366/8763
E-mail: ruth_cossid@yahoo.com

5. Ms. Leila de Lima
Secretary
Department of Justice (DOJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: soj@doj.gov.ph

6. Mr. Emilio Gonzalez
Deputy Ombudsman
Office of the Deputy Ombudsman for the Military
and Other Law Enforcement Offices
3rd Floor, Ombudsman Bldg., Agham Road, Diliman
1104 Quezon City
PHILIPPINES
Fax: +63 2 926 8747
Tel: +63 2 926 9032

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Related Articles

Military officer in Burgos kidnap relieved – INQUIRER.net, Philippine News for Filipinos

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Military officer in Burgos kidnap relieved – INQUIRER.net, Philippine News for Filipinos.

By Dona Pazzibugan
Philippine Daily Inquirer
First Posted 05:32:00 03/23/2011

MANILA, Philippines—Armed Forces Chief Lt. Gen. Eduardo Oban Jr. has recalled from his post an Army major implicated in the April 2007 abduction of missing activist Jonas Burgos in anticipation of a criminal investigation.

Maj. Harry Baliaga was relieved of his duties at the Philippine Military Academy in Baguio City and was ordered to report to the Fort Bonifacio Army headquarters, as instructed by Oban, according to AFP spokesperson Brig. Gen. Jose Mabanta Jr.

“He’s available in case his presence will be necessary. We will present him. Let’s wait for the legal process,” Oban told reporters on the sidelines of the Army’s 114th anniversary ceremonies Tuesday.

He said there was no reason to restrict Baliaga to his quarters in the meantime.

In a report to the Supreme Court last week, the Commission on Human Rights tagged Baliaga, formerly with the Army’s 56th Infantry Battalion based in Bulacan province, as the “principal by direct participation in the abduction of Burgos,” citing witnesses’ accounts.

The CHR has recommended that Baliaga be charged with kidnapping.

Burgos, a peasant organizer and a son of the late journalist Joe Burgos, a prominent leader in the 1980s anti-Marcos dictatorship movement, was snatched by armed men from the Ever-Gotesco mall in Quezon City on April 28, 2007. This happened at the height of several killings and disappearances of activists during the Arroyo administration.

Oban has formed a technical working group led by AFP Human Rights Office chief Col. Domingo Tutaan Jr. to advise him on their next course of action after the CHR found the military liable for Burgos’ abduction.

Mabanta said Baliaga was with the Special Forces Detached Service assigned to the PMA.

“We are taking this very seriously. Baliaga is being relieved of all his duties for him to be able to concentrate (on the investigation),” he said.

Trained for torture – INQUIRER.net, Philippine News for Filipinos

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Trained for torture – INQUIRER.net, Philippine News for Filipinos

Philippine Daily Inquirer
First Posted 21:21:00 03/22/2011

WHAT’S GALLING about several videos circulating on the Internet showing military officers beating up trainees is that they seem to have been taken by the delighted torturers themselves, perhaps as a twisted way of showing off their filmmaking skills. Or since these are terrible times for the Armed Forces of the Philippines, what with corruption reaching up to the comptrollership and the top brass, could the videos be perhaps the best way of marketing the AFP and getting recruits? If its image has hit rock-bottom, surely the videos wouldn’t anymore taint the scandal-prone AFP.

But alas, the people are supporting the AFP, providing the money for its expensive wars that seem to have no end in sight and thus, no end at all for people’s sacrifice.

The AFP has defended the torture as a form of training recruits. So are people supposed to support this rather unorthodox form of training with their money, too? Moreover, does that mean that torture and physical abuse are institutionalized in the military? If so, why should the people pay for measures that, based on gruesome human rights cases, have been used against the people?

And what about the pledge of the military to respect human rights? How can an institution that makes torture and abuse part and parcel of its training make human rights its paramount concern?

The persistence of torture and instruments of violence in the work of people tasked to enforce the peace dates back to the Cold War, where mayhem and murder were supposed to be carried out in a war that was low-key and low-intensity, which means they should be carried out surreptitiously, clandestinely, but a war that was nonetheless brutal and ideologically twisted, and sadly enough, a war turned against non-combatants and the citizens themselves.

Completely confusing the enemy, the military and the police have made war on the people they have sworn to protect. In the context of the Philippines, where the ideological wars remain because of the persistence of conflicts and insurgencies, torture represents a persistence of past practices, a throwback to an era whose tentacles continue to smother and constrict any attempt to foster a more humane society, one that is grounded on the ways of peace and civilization.

The resilience of torture and terror tactics has perpetuated the insurgency and other conflicts. Because neither the government nor the insurgents can win the war decisively, they resort to foul, underhanded techniques to get back at or put one over each other. It is a matter of record that the military and the insurgencies have fed on each other’s blood lust. In fact, both seem to thrive on each other’s underhandedness, thus prolonging the war that neither wants to win because that would mean the end of their reason for being. This explains why our insurgencies continue to fester, and Filipinos now live under constant siege. We are a nation in a perennial state of war. The Philippines has become a nation of checkpoints. Even malls and schools have spot security checks.

For the police, the ready recourse to terror tactics to extract confession and intelligence information against the enemy has only fostered incompetence, professional laxity, and consequently intractable criminality. Several celebrated cases of heinous crimes have remained unsolved due to the botched handling by the police who resorted to shortcuts to yield results for publicity. Trained in the ways of terror to obscure shoddy police work, our law enforcers meld with the faces of the criminals they pursue. They become the criminals themselves, underworld characters in state uniform.

It is shocking that tactics and strategies associated with totalitarian despots, which have riled and roused peace-loving people around the world and unleashed the pro-democracy wave that is sweeping Tunisia, Egypt and the rest of the Arab world, are proving to have a long shelf life in the Philippines. The country, ironically enough, started the international people power movement a generation ago. The Arab phenomenon is a credit to the power of the People Power Revolt of 1986. It is regrettable that on the 25th anniversary of the Edsa miracle, Filipinos are not celebrating the historic milestone in a manner that gives it credit and substance. Worse, we have chosen to return to the earlier era of abuse and strong-arm tactics. We continue to spurn the legacy of Edsa.

De Lima sees closure in Burgos case – INQUIRER.net, Philippine News for Filipinos

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De Lima sees closure in Burgos case – INQUIRER.net, Philippine News for Filipinos.

De Lima sees closure in Burgos case

By Marlon Ramos, Kristine L. Alave
Philippine Daily Inquirer
First Posted 05:35:00 03/21/2011

MANILA, Philippines—Justice Secretary Leila de Lima Sunday expressed optimism the Commission on Human Rights (CHR) report finding some military officers liable in the disappearance of activist Jonas Burgos may lead to closure in the controversial case.

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The importance of the OPCAT and the role of doctors and other health professionals in preventative visits

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Source: The Medical Action Group

The Medical Action Group (MAG) is a health and human rights organizations which envisions a society where fundamental human rights are upheld at protected at all times in accordance with the Universal Declaration of Human Rights (UDHR). MAG is a member of the United Against Torture Coalition (UATC)-Philippines.

The right to reparation for victims of a wrongful act is a well-established principle of international law. This obligation also applies in respect to international human rights and humanitarian law. Rehabilitation is a very practical form of assistance for victims of torture. It is widely acknowledged, amongst those working in this field, within the human rights community, and amongst torture survivors themselves, that rehabilitation services are most effective when they combine a variety of multidisciplinary inputs: medical and psychological interventions, together with complementary psychosocial, legal and social services.

This understanding is also reflected in the Republic Act No. 9745 or the Anti-Torture Act of 2009.

The Optional Protocol to the Convention against Torture (hereafter referred as OPCAT)
The innovative nature of the OPCAT which entered into force on 22 June 2006, established a system of regular visits to places where individuals are deprived of their liberty. Likewise, it is quite unique amongst human rights instruments, combining an international visiting mechanism with national mechanisms regularly examining conditions of people deprived of their liberty, and making recommendations for improvement and for the prevention of torture and other cruel, inhuman or degrading treatment or punishment.
It is widely recognized at both the international and regional level that regular and independent visits to places of detention have been proven to have a significant effect to prevent torture and ill-treatment.

Based on the data of the Office of the United Nations High Commissioner for Human Rights (OHCHR), sixty seven (67) States have signed the OPCAT and fifty-seven (57) parties have ratified, acceded and succeeded the instrument. It is very encouraging that the signatories include States from all geographic regions of the world. In Southeast Asia region, Cambodia has already signed the instrument in 2007.

The Role of Doctors and Other Relevant Health Professionals in Preventative Visits

Places of detention must become more transparent to monitor respect for the human rights of detainees and deter violations particularly torture and other forms of ill-treatment. Regular preventive visit to places of detention represents an effective way of preventing torture and ill-treatment, and contributes to the improvement of conditions of detention. The existence and/or creation of independent visiting mechanisms to places of detention at the national level are crucial for this transparency.

However, for such a visit­ing system to be fully effective it has to be carried out by a multi-discipli­nary body, which includes, amongst others, physicians and other health professionals. Preventive visits requires a comprehen­sive approach looking at all aspects of conditions of detention such as health care services, documenting cases of tor­ture, ethical standards, can only be adequately assessed by a physician or other health professional. Thus this must be reflected in the composition of the national mechanism as well as in the visiting teams themselves. In addition to the other relevant expertise, there should be a physician or other qualified health professional in each visiting team.

Looking at provisions in the OPCAT on the composition of the Sub-Committee and the national preventative mechanisms, one can see that the words ‘health professionals’ or similar do not appear in the text. As regards the Subcommittee, the formulation in article 5(2) is the catch all ‘various fields relevant to the treatment of persons deprived of their liberty’.

Conclusions

From our point of view, the clear advantage of the OPCAT will be the gathering of different forms of expertise in this field at the national level into one, independent institution. With the guidance and support of the Subcommittee, and with the potential for on-going dialogue and exchange with the Sub-committee, the State Party national NGOs, and also, conceivably, national preventative mechanisms in other States Parties to the OPCAT, the national preventative mechanisms will a significant new actor at the national level for torture prevention.

As we continue to seek to find ways to implement the prohibition of torture – which persists despite its legal status, it becomes increasingly clear that a sector-wide or even a whole society approach is required.

Working on legal or institutional reform, on preventative visits, on improving access to justice, on initiatives in support of victims of torture and members of their families, are all worthwhile, but real implementation will require the combined efforts of all actors in this field who should be included in torture prevention initiatives.

The structures to be created under the OPCAT will be a very useful new platform to pursue these more holistic approaches to torture prevention, and MAG looks forward to immediate Senate ratification of the OPCAT.

Justice for the PICOP6 Victims

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PICOP6

Justice for the PICOP6 Victims

I.    Background of the case

In October 14, 2000, six workers of the Paper Industries Corporation of the Philippines (PICOP) were forcibly disappeared at Barangay Sta. Maria, Trento, Agusan del Sur.

The 6 workers – Joseph Belar, Jovencio Lagare, Romualdo Orcullo, Diosdado Oliver, Artemio Ayala and Arnold Dangkiasan were at the entrance of a videoke bar when Corporal Rodrigo Billones from the 62nd Infantry Battalion, 8th Infantry Division of the Philippine Army herded the six kargador  (carrier) of logs to the military camp. A friend of the missing workers, Crispin Barot, was able to evade the abduction by concealing himself in the crowd. He saw the six workers being held at gunpoint from the peryahan (village carnival) and brought inside the army camp gate.

PAHRA justice for picop 6 Campaign logo

With the assistance of the Families of Victims of Involuntary Disappearance (FIND), the relatives immediately inquired as to the whereabouts of the six workers from the authorities in the military camp. However, the said authorities denied custody of the disappeared workers. PICOP 6 relatives Artemio Ayala, Sr. and Macaria Lagare, recounted how they were prohibited from entering the military camp and were only allowed to go inside when they were accompanied by the mayor, vice-mayor and baranggay chairperson after six days.
Based on the statements of Crispin Barot, the relatives of the PICOP 6 filed charges of kidnapping and serious illegal detention case against Corporal Billones the following year  at the Regional Trial Court Branch 6 in Prosperidad, Agusan del Sur. They withdrew their earlier habeas corpus petition against Billones and Colonel Cabando in the same court in favour of the criminal case.

Four years later, another witness surfaced. Sgt. Esequias Duyogan, a member of the 62nd IB offered to testify in court in support of the PICOP 6 case.

According to Sgt. Duyogan, on the night of 14 October 2000, he learned about the abduction of the workers. He stated that, although the commanding officer, Col. Cabando was not in the camp then, he knew of the arrest. Sgt. Duyogan overheard the camp senior officer, 1st Lt. Enrico Calumag, call Col. Cabando by radio and the latter gave orders that, what they did in Desamparados, Talacogon to slain suspected communist rebels from the New People’s Army (NPA) Cris Duenas and Roberto Papintahan, should also be done to the six detainees.

Sgt. Duyogan further said that he saw the six workers with their hands tied separately with a rope of a hammock. He saw them approaching the camp even while being manhandled by armed privates. The soldiers, including Billones, PFC Miguel Bachecha, Sgt. Fernando Cagadas, Sgt. Renante Castaneda, Sgt. Angel Perilla, PFC Jocelo Pitos and MSgt. Ventorito Saballa herded the suspects inside the camp. According to Duyogan, Billones seemed cheerful and even greeted him with a “high five.” Billones actually believed that the detainees were the NPAs who were responsible for the ambush of their colleague, Col. Velasco.

Duyogan further testified that he witnessed how PFC Bienvenido Veto, Sgt. Cesar Polito, Pfc. Ronda and MSgt. Ventorito Saballa bashed the heads of the victims with iron pipes. They dug graves and buried the bodies at the back of the PX building, dug up the bodies three days later and loaded them on a Chevrolet service vehicle, and burned them at the “Rampid” at Km. 57 in Barangay Nueva Gracia, Trento. Duyogan, however, cleared Billones of any actual participation in the extrajudicial killing as well as in the digging up and burning of the corpses.

Thus, Executive Judge Dante Luz N. Viacrucis in a landmark decision convicted Corporal Billones not as a principal but as an accomplice to the kidnapping and serious illegal detention of the six PICOP workers. For each of the six victims, the court sentenced Corporal Billones to the indeterminate penalty of 9-15 years of imprisonment. The court also sought the indemnification of the heirs of each of the six victims with the sum of P50, 000 as life indemnity and P50, 000 as moral damages. Meanwhile, the period Corporal Billones spent under preventive detention since 28 June 2001 shall be credited to the service of his sentence.

With respect to the other soldiers of the 62nd IB who were implicated by Sgt. Duyogan, the court ruled that “there is cause now for the Department of Justice to start an inquiry into their criminal culpability.”

After the conviction of Corporal Billones in July 11, 2008, a joint criminal complaint for multiple murder, grave coercion, kidnapping and serious illegal detention, and torture were filed against Col. Eustaquio Cabando, 2nd Lt. Enrico Calumag, PFC Miguel Bachecha, Sgt. Fernando Cagadas, Sgt. Angel Perilla, Sgt. Cesar Polito, PFC Jocelo Pitos, MSgt. Ventorito Saballa, PFC Bienvenido Veto, Sgt. Renante Castaneda, PFC Jesus Patrimonio and PFC Ronda for the PICOP 6 workers. The case remains pending before the Office of the Provincial Prosecutors in Patin-ay, Prosperidad, Agusan del Sur.

The murder charge filed against the military personnel is still at the level of preliminary investigation, the accused military officials requested for a clarificatory hearing, which has already been postponed four times.

III.     Legal harassments and threats received by the witness and family

1.   As a perceived consequence of Sgt. Duyogan’s participation in the case, he was dishonourably discharged for supposedly committing absence without leave (AWOL) without due process and evidence. He was not able to enjoy his retirement benefits and is now having difficulties providing for the needs of his family

2. In August 11, 2010, he survived an attempted ambush as he was riding a motorcycle on his way to his farm in Sitio Suti, Brgy. Burboanan, Bislig City. According to Sgt. Duyogan saw two of the accused, Tsg Angel Perilla and Cpl Jocelo Pitos with several members of a tribal group, hiding behind lauaan trees along the road between Sitio Suti and Sitio Mabog. Upon seeing the threat, Sgt. Duyogan alighted from the motorcycle and returned to Sitio Mabog through an alternate route.

3. Sgt. Duyogan was also subjected to legal harassments. Among the annexes filed under the counter affidavit of the accused military personnels, is a bigamy case filed against Sgt. Duyogan. While the basis for filing the case remains factual, the case is perceived to be used only to destroy the credibility of the key witness to favour the statements of the accused.

On December 17, 2010, Sgt. Duyogan and the PICOP 6 family members attended the summons for a clarificatory hearing for the multiple murder case in the prosecutor’s office. The prosecutor failed to show up in the said hearing. Fiscal Vicente Abugho merely notified the complainants that the hearing was postponed on the same day.

On the way out of the building, Sgt. Duyogan was suddenly confronted by members of the Philippine National Police Regional Mobile Group (RMG), led by a certain “Unzalan”, with a warrant of arrest for violation of RA 9262 or the Anti-Violence Against Women and Their Children Act of 2004. Specifically he was arrested for violating Section 5 for non-support of his other family. This incident happened immediately after the postponed clarificatory hearing in court. He was held under police custody with a bail set at Php 80,000.00 which was eventually reduced to Php 20,000.00. He was blottered in the police station at Libertad, Butuan City. Sgt. Duyogan neither received any subpoena nor any information on this new case.

Sgt. Duyogan was transferred by the Philippine National Police Regional Mobile Group personnel to Judge Buaya of Regional Trial Court (RTC) branch 35 in Ormoc City on December 22. Upon posting of bail, Sgt. Duyogan is now being secured by civil society network for witness protection while his application to the Witness Protection Program of the Department of Justice is still being worked out.

4. Prior to Sgt. Duyogan’s arrest, Rose Deano, FIND coordinator in Butuan, received reliable information from concerned authorities that Sgt. Duyogan’s life is in danger and FIND must ensure the security of Sgt. Duyogan.

5. Due to the threat to his life, Sgt. Duyogan was forced to leave his family in Agusan to a live in a more secure environment. However, his family was not spared from the said threats. On January 26, 2011, FIND received calls from Sgt. Duyogan’s wife that unidentified men climbed up the roof of their house the previous night. The following morning, men with bonnets were seen closely monitoring their house.

6. FIND coordinator Rose Deano also noticed unfamiliar men outside her home. Fearful for their safety, Deano requested the Commission on Human Rights (CHR) in Region 9 to temporarily house Sgt. Duyogan’s wife and two children while awaiting response from Department of Justice on the coverage of the Witness Protection Program.

IV.    Recommended Actions

PAHRA requests partners and concerned advocates to please write a letter addressed to:

His Excellency Benigno Simeon C. Aquino III
President of the Republic of the Philippines
Malacanang Palace
JP Laurel St., San Miguel, Manila 1005
Fax: +63 2 7361010
Tel: +63 2 735 6201/564 1451 to 80
Email: corres@op.gov.ph /opnet@ops.gov.ph

Copies of the appeal should also be provided to the following agencies:

1.   Hon. Loretta Ann Rosales
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman, Quezon City
Fax: +63 2 929 0102
Tel: +63 2 928 5655/926 6188
Email: mtm_rodulfo@yahoo.com

2.   Hon. Leila de Lima
Secretary
Department of Justice (DOJ)
DOJ Bldg., Padre Faura
1004, Manila
Fax: +63 2 521 1614
Email: soj@doj.gov.ph

3.   Lieutenant General Ricardo A. David Jr.,
Chief of Staff
Armed Forces of the Philippines (AFP)
AFP-GHQ Offices, Camp Gen Emilio Aguinaldo
Quezon City, Metro Manila, Philippines
Fax: +632 911 6436

Col. Domingo J. Tutaan Jr
Head
Human Rights Affairs Office
Armed Forces of the Philippines (AFP)
Tel: +63 2 911 6001 to 50

4.   Hon. Emilio Gonzalez
Deputy Ombusdman
Office of the Deputy Ombudsman for the Military
And other Law Enforcement Offices
3rd Flr., Ombudsman Bldg.,
Agham Road, Diliman, 1004 Quezon City
Fax: +63 2 926 8747
Tel: +63 2 926 9032

5. Hon. Juan Ponce Enrile
Senate President
Office of the Senate
Contact:
Office of the Senate Secretary
Hon. Emma L. Reyes
Senate Secretary
Office address: 6th flr., Senate of the Philippines, Roxas Blvd., Pasay City
Contact numbers: +63 2 552-6601 loc. 6129/23 & 24
+63 2 552-6676
Email address: osec@senate.gov.ph

Sen. Francis Escudero
Chairperson,
Senate Committee on Justice and Human Rights
Rm. 304 Committee A Senate of the Philippines,
GSIS Compound, Pasay City
Tel No. + 632 5526601 loc. 3318 / Telefax +632  552-6888
Email: sen.escudero@gmail.com

6.  Hon. Feliciano Jr. R.Belmonte,
Speaker of the House
House of Representatives
Rm. S-102, House of Representatives, Quezon City
Phone: + 63 2 931-5001 local 7201, + 63 2 9316567

Hon. Rene L. Relampagos
Chairperson, Committee on Human Rights
House of Representatives
3/F Ramon V. Mitra Buillding, House of Representatives, Quezon City
Telephone no. + 63 2 9315001 local 7157
Telefax: + 63 2 9324803

Sample letter:

RE: PHILIPPINES KEY WITNESS TO 10-YEAR ENFORCED DISAPPEARANCE CASE UNDER THREAT

Dear________________________.

Greetings of peace!

I am writing to express my concern regarding the safety of Sgt. Esequias Duyogan, a key witness to the ten-year enforced disappearance case of six contractual workers from the Paper Industries Corporation of the Philippines (PICOP).

I learned that Sgt. Duyogan witnessed how the PICOP 6 workers – Joseph Belar, Jovencio Lagare, Romualdo Orcullo, Diosdado Oliver, Artemio Ayala and Arnold Dangkiasan, were tied with a rope and approached the camp while being manhandled by armed privates. He identified 12 military personnel to have led the six workers inside the army camp and saw how they bashed the heads of the victims with iron pipes, dug graves and buried the bodies at the back of the PX building. They dug up the bodies three days later, loaded them on a Chevrolet service vehicle, and burned them at the “Rampid” at Km. 57 in Barangay Nueva Gracia, Trento.

With his testimony, Executive Judge Dante Luz N. Viacrucis convicted Corporal Rodrigo Billones as an accessory for the crime of kidnapping and serious illegal detention of the six PIOP workers.

A joint criminal complaint for multiple murder, grave coercion, kidnapping and serious illegal detention, and torture were also filed against Col. Eustaquio Cabando, 2nd Lt. Enrico Calumag, PFC Miguel Bachecha, Sgt. Fernando Cagadas, Sgt. Angel Perilla, Sgt. Cesar Polito, PFC Jocelo Pitos, MSgt. Ventorito Saballa, PFC Bienvenido Veto, Sgt. Renante Castaneda, PFC Jesus Patrimonio and PFC Ronda for the PICOP 6 workers. The case is  still under preliminary investigation, to which the clarificatory hearings  were postponed several times in the Office of the Provincial Prosecutor in Patin-ay, Prosperidad, Agusan del Sur.

With his participation in the conviction of Corporal Billones and the subsequent filing of criminal charges to 12 other military personnel, Sgt. Duyogan Sgt. Duyogan’s personal safety is seriously at very high risk.

I was informed that he was dishonourably discharged from service due to his supposedly absence without leave (AWOL). Unidentified men also subjected him and his family to constant surveillance.

In August 11, 2010, he was able to avoid what Sgt. Duyogan perceived as an attempted ambush against him. According to Sgt. Duyogan, he was riding a motorcycle on his way to his farm in Sitio Suti, Brgy. Burboanan, Bislig City when he saw two of the accused, Tsg Angel Perilla and Cpl Jocelo Pitos with several members of a tribal group hiding behind lauaan trees along the road between Sitio Suti and Sitio Mabog. Upon seeing the threat, Sgt. Duyogan alighted from the motorcycle and returned to Sitio Mabog through an alternate route.

He is also currently suffering from legal harassments. I have learned that in a 900-page counter-affidavit of the accused military personnel, a bigamy case was attached as an annex. Although the case was based on factual evidence, Duyogan’s legal counsel learned that the bigamy case materialized because of several interventions i.e. frequent house visits and persuasion made by military representatives to the legal wife. Further interviews with the legal wife revealed that she was not the one who initiated the filing of the bigamy case. Duyogan’s legal counsel believes that the bigamy is being used to destroy his credibility as a witness.

In December 17, 2010, Sgt. Duyogan and the PICOP 6 family members attended the summons for a clarificatory hearing for the multiple murder case in the prosecutor’s office. The prosecutor failed to show up in the said hearing. Fiscal Vicente Abugho just notified the complainants that the hearing was postponed on the same day.

I have learned that immediately after the postponed hearing, members of the Philippine National Police Regional Mobile Group (RMG) from Santiago, Agusan del Norte led by a certain “Unzalan” suddenly confronted Sgt. Duyogan with a warrant of arrest. He was transported and detained in Ormoc City for allegedly violating Republic Act 9262. He was not aware of the existence of the said case and has not received any subpoena. He is now released after posting bail and is being secured by concerned organizations.

However, his wife and their two children in Agusan were not spared from threats. Human rights organization, Families of Victims of Involuntary Disappearance (FIND) received calls from Sgt. Duyogan’s wife that  unidentified men climbed up the roof of their house the previous night. The following morning, men with bonnets were seen closely monitoring their house.

In this context, I am calling on the Department of Justice (DOJ), Hon. Leila de Lima to ensure the safety of Sgt. Duyogan and his family.The DOJ must also expedite the resolution on the murder case which had been going on for more than two years now  and a speedy trial as soon as the charges are formally filed.

There were also reports that the convicted Corporal Billones is currently living in a house within the prison compound but separate from the prison facility. With his situation as a convicted criminal, Corporal Billones should not be given luxuries and privileges provided for a free man. He must be immediately committed to the National Bilibid Prison or the nearest regular penitentiary in Agusan.

I would like to appeal that:

1. The Commission on Human Rights (CHR), through Chairperson Loretta Ann P. Rosales, support and closely monitor the case, as well as assist in the welfare of the families of the PICOP 6 workers and of the witness, Sgt. Duyogan

2. The Armed Forces of the Philippines – Human Rights Affairs Office conduct an investigation and monitoring of the case against the accused military officials including the allegations of threats to Sgt. Duyogan and his family as well as FIND Agusan coordinator Rose Deano.

3. The Office of the President certify as urgent and subsequently pass bills criminalizing the act of enforced disappearance. The International Convention for the Protection of All Persons from Enforced Disappearance should also be signed by the honourable President Aquino and ratified by the Philippine Senate.

Thank you! I trust that you will favourably act on this matter.

Sincerely,