PHILIPPINES: Police made traumatized torture victim withdraw his complaint

Dear Friends,

The Asian Human Rights Commission (AHRC) has received updated information that the policemen investigating the complaint of a torture victim made him sign a document withdrawing his complaint. The victim, who suffers trauma and is apparently frightened by the presence of policemen, was asked to sign the document in the absence of his legal counsel. The doctor who signed the medical certificate declaring him physically fit for remand in jail did not properly examine him.

 

UPDATED INFORMATION:

As we have mentioned in our previous appeal (AHRC-UAC-065-2010), Anuar Hasim had been tortured while in police custody for seven days following his arrest on 4 April 2010. The policemen had him severely beaten, subjected him to suffocation using a plastic bag and burnt his left thumb with lit cigarettes. After the appeal on his case was issued, it was only on July 27 that an investigator from the Commission on Human Rights (CHR XII) from Cotabato City was dispatched to visit and investigate the complaint at the jail in Alabel, Sarangani where the victim is presently detained. The delayed action on part of the CHR was a violation of Section 9 (a) of the Anti-Torture Law, which requires that their investigation report should have been completed within 60 working days from the time the complaint is filed. Before the CHR could commence its investigation, on June 8, Senior Police Officer 2 (SPO2) Argie Miraflores of the Regional Intelligence and Detective Management (RIDM XII) and SPO1 Israel Lantingan of the Municipal Police Station in Alabel had already made the victim sign an Affidavit of Desistance, a sworn statement declaring that he will no longer testify in court about his complaint of torture and those witnesses under his control.

Before he signed the document, there were other two policemen, one of whom was only identified as a certain Jamael Amykulot who is attached to the Police Regional Office (PRO XII) of the Philippine National Police (PNP), visited and interviewed the victim in jail. They were the ones who drafted the Affidavit-Complaint (for the complaint of torture) that Hasim had signed. These policemen were supposedly tasked to investigate his complaint of torture; however, when this complaint was later presented to him to be filed at the prosecutor’s office the victim’s reluctance due to trauma and fear of the police presence to go with them had been rather interpreted by the policemen as him withdrawing the complaint.

The police also were unable to explain to the victim why he had to leave the jail premises and accompany the police in absence of the court order; and that his lawyer was not present during the signing of the documents relating to his complaint. Also, the victim’s family had not been properly informed of the actions the police had taken.

Thus, when the CHR visited the victim at the jail, he was too frightened and no longer wanted to be interviewed after learning that the CHR investigator, who had introduced himself as attached to the government, would want to interview him again. The experience that Anuar had with the policemen who tortured him and his experience of having him made to sign the document in absence of his legal counsel caused him deep distrust and fear to persons from the government agencies.

HEALTH CONDITION OF THE VICTIM:

Before Anuar was remanded to prison on April 12, he had informed Ma. Antoinetta Odi, the medical health officer who examined him, that he had been tortured. However, she had deliberately ignored the information the victim had given to her. She did not even examine his blood pressure but nevertheless declared him “physically fit for commitment (to jail)”. She also did not put into record the visible contusions to his left chest.

Since his detention Anuar never obtained any form of medical attention. It is learned that he had been ailing and his body shivers recently. There are serious concerns that the illness and shivering of his body could be a result of torture that he had suffered. His legal counsel, Raissa Jajurie, is in the process of requesting the court to have her client medically examined and afforded medical attention.

Ms. Odi is a government physician attached to the local health office, the General Santos City Health Office (GSCHO). Once proven that she had deliberately concealed evidence that could have revealed the acts of torture, she could be held liable under section 13 (b) of the Anti-Torture Law for “concealing acts of torture”.

FURTHER DETAILS OF TORTURE:

Apart from details mentioned in our previous appeal (AHRC-UAC-065-2010), there are information below revealed during the follow up investigation by the local organization, the Task Force Detainees of the Philippines (TFDP) – Mindanao, regarding further details on the victim’s account of torture during his arrest on 4 April 2010.

It is known that when the victim arrived at the Police Precinct No. 6 in Barangay Bula in General Santos City, he was first brought to shed at the back of the police station. Later, four policemen had arrived, one of whom, introduced himself as Colonel Dodoy and leader of the group. He is attached to the Provincial Headquarters (PHQ) in Alabel, Sarangani. He was the one who subjected the victim to lengthy interrogation. (photo: Bula Police Station, source: AHRC)

It was Colonel Dodoy and the three policemen who accompanied him who had repeatedly punched him hard to his stomach. Colonel Dodoy also demanded an explanation from about a letter they claimed they had taken from him during his arrest in which he knew nothing about. It was also him asked several names of persons whom he did not knew of and showed to him photos in his laptop computer.

During interrogation, they repeatedly pulled his hair while others are holding his both shoulders to restrain him, they repeatedly punched his abdomen and slapped his face. While blindfolded, they told him to walk while hearing somebody shouting: “Nahuman na ba ang buslot kay ilubong na ni? (Have you finished digging the hole so that we can bury this one?)”. He also heard also someone answering “oo human na (yes, it is already done).

On April 5, 2010, at about 8am Anuar was taken towards the back of the police station and offered him coffee. At about 10am, when his mother saw him she get inside the parking area to come close and embraced him. But while his mother was hugging him, SPO3 Dennis Yuson had dragged him away from her.

Afterwards, Anuar was again taken back to the police headquarters in Camp Fermin Lira Jr. He was escorted by SPO3 Yuson and two other policemen who kept him inside the room until noontime that day. At about 1pm, he was interrogated again and was brought in a waiting area at the back of the barracks. Anuar was interrogated by different policemen attached to different units.

SUGGESTED ACTION:

Please write letters to the concerned authorities below requesting them to conduct an investigation into the victim’s allegation of torture. The policemen who made the victim signed the statement withdrawing his complaint of torture; and the physician who had deliberately ignored the victim’s information that he had been tortured must be subjected to a prompt investigation.

The AHRC has also written letters to the Special Rapporteur on the Question of Torture for his intervention.

To support this case, please click here: SEND APPEAL LETTER