Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you that the Commission on Human Rights (CHR) in General Santos City, Mindanao has commenced its investigation into the case of Haron Abubakar Buisan, who was allegedly illegally arrested, detained and brutally tortured by mistaken identity. (See our previous appeal: UA-251-2005). A reliable source said that the CHR investigators interviewed Buisan on 4 January 2006 at the General Santos City Reformatory Center (GSCRC) where he is presently detained.
While the victims family welcomes the CHRs intervention in the case, they are concerned by the Commissions failure to involve them and the limited access to information the family has had regarding the enquiry. It is reported that Buisans father, Lamba, was denied copies of documents related to the case. The alleged perpetrators, the Special Weapon and Tactics (Swat) team and several policemen from the General Santos City Police Office (GSCPO), have reportedly not been investigated to answer to the allegations made against them.
On January 13, the Regional Trial Court (RTC) Branch 35 postponed the arraignment on Busian. The Court reportedly did not push through in arraigning Buisan because the name on the charge sheet is different from his. The person charged and issued with the warrant of arrest was Arnel Bansalao for robbery with homicide with criminal case number 18639 in connection with a bus robbery on 11 April 2005. Therefore, there is no case against Haron Abubakar Buisan, making this situation a clear case of mistaken identity. As such, Buisan should be released without delay.
In a letter received by the AHRC dated 10 January 2006, Mr. Orlando Casimiro, Deputy Ombudsman for the Office of the Ombudsman for the Military and other Law Enforcement Offices, said the Fact Finding Investigation Bureau of their office would conduct an appropriate investigation into the matter. Mr Casimiro was responding to an earlier appeal made by the AHRC on Buisans case. Mr Casimiros office is, however, yet to complete their investigation.
Additionally, it is reported that no efforts have been made by the authorities, in particular the Commission on Human Rights (CHR) to afford the victim with adequate medical attention or place him in any rehabilitation treatment facility to ensure his full physical and mental recovery. Buisan has been denied medical attention since his arrest on 12 December 2005.
Please write letters to the relevant agencies requesting them to release Buisan unconditionally without delay. There is no charge laid against him by his name; there are irregularities in his arrest and detention; and the evidence against him may have been taken by way of torture. Buisan must also be afforded with adequate medical treatment. Also please request the Commission on Human Rights (CHR) in General Santos City to be transparent in their enquiry and to involve the victims family. The CHR must also place the policemen involved under investigation. Charges must be laid against them if the allegations are found to be true.
Urgent Appeals Programme
Asian Human Rights Commission
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SUGGESTED ACTION:
Please send letters to the relevant authorities listed below and raise your concern regarding Haron Abubakar Buisans case. Please request for Buisans immediate release if there is no sufficient reason for his detention; the involvement of his family in the Commission on Human Rights (CHR) enquiry; the provision of medical treatment and rehabilitation; and the filing of appropriate charges against the alleged perpetrators if the allegations are found to be true.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _______,
Re: PHILIPPINES: Investigation into the brutal torture of a man by mistaken identity begins
Name of the victim: Haron Abubakar Buisan (25), living in Purok Darusalam, Barangay Bawing, General Santos City. He works as a motorcycle driver. He is presently detained at the General Santos City Reformatory Center (GSCRC).
Alleged perpetrators: Special Weapons and Tactics (Swat) team and several policemen attached to the General Santos City Police Office (GSCPO)
Date and place of incident: 12 December 2005 along the highway in Barangay (village) Bawing, General Santos City
Status of the case: Buisan is currently being held in detention for charges involving another person, Ariel Bansalao. Bansalao, who is still at large, is facing charges related to robbery with homicide before the Regional Trial Court (RTC) Branch 35
I am writing to draw your attention to the case of Haron Abubakar Buisan, who was allegedly illegally arrested, detained, brutally tortured and forced to face trial over charges by mistaken identity following his arrest on 12 December 2005. I am deeply concerned that Buisan has not been afforded adequate medical treatment or placed in facilities to ensure his full physical and mental recovery.
While I welcome the effort of the Commission on Human Rights (CHR XII) in General Santos City of conducting an investigation into this case, I am disappointed that the Commissions investigator is allegedly constraining the victims family with limited access to information related to the case and has not involved them in the process of the enquiry. There are also limited efforts by the Commission to assist the victim and his family in the case and in the process of prosecuting the alleged perpetrators, in particular the Special Weapon and Tactics (Swat) team of the General Santos City Police Office (GSCPO) for the alleged violations committed.
I have been informed that the Commission may have not yet placed or summoned the policemen involved under investigation to answer the charges against them. I am deeply concerned that the Commissions enquiry may not produce conclusive findings and subsequently undermine efforts to effectively prosecute the perpetrators if these requirements are not effectively taken.
If it is true that Buisans detention has occurred as a result of mistaken identity, the Regional Trial Court (RTC) Branch 35 must ensure the unconditional release of the victim without delay. The policemen who are allegedly responsible for the illegal arrest, detention and torture of the victim must be held accountable. The Office of the Ombudsman for the Militaty and Other Law Enforcement Office must file appropriate criminal and administrative charges against them if there is sufficient evidence, as part of the enquiry they have promised to conduct in this case.
Additionally, I urge the Office of the Public Attorney (PAO) in General Santos City to respond and comply with urgency to the notice from its national office to intervene in Buisans case by providing legal assistance relative to allegations by the victim of irregularities in the arrest, detention and torture. I am unaware of any action taken by the local PAO office despite the notice from its national office to intervene.
Further, I take this opportunity to ask for the Philippine government, in particular the Senate and the House of Representatives to consider as priority the passage of the House Bill 4307, a proposed Act on Anti-Torture of 2005. The passage of this bill is the precondition to the protection of rights, seeking redress and rehabilitation of victims of torture.
I trust that your response to this is forthcoming.
Yours sincerely,
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PLEASE SEND LETTERS TO:
1. Ms. Rosalinda Tolosa
Regional Director
Commission on Human Rights (CHR)
Sy Compound, Leon Lldio Street
Barangay Lagao
9500 General Santos City
PHILIPPINES
Tel/Fax: +63 83 553-8887
Cotabato City extension Office
Tel: +63 64 482-0384 / +63 64 421-6307
2. Mr. Oscar Noel
The Presiding Judge
Regional Trial Court (RTC) Branch 35
Hall of Justice, Barangay Lagao
9500 General Santos City
PHILIPPINES
Tel. No.: +63 83 301-2110
3. Mr. Orlando Casimiro
Deputy Ombudsman for the Military and
Other Law Enforcement Offices
3rd Floor, Ombudsman Bldg., Agham Road
Diliman (1104) Quezon City
PHILIPPINES
Tel: +632 926 9032
4. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521-1614
Email: sechbp@infocom.com.ph
5. Ms. Purificacion Quisumbing
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Tel: +63 2 928-5655/926-6188
Fax: +63 2 929-0102
Email: drpvq@chr.gov.ph
6. P/DIR Gen. Arturo Lumibao
Chief, Philippine National Police (PNP)
Camp Crame, Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763
7. Prof. Manfred Nowak
Special Rapporteur on the question of torture
Attn: Mr. Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
8. Ms Leila Zerrougui
Chairperson
Working Group on Arbitrary Detention
c/o Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: Working Group on Arbitrary Detention)
Email: mdelalama@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
