Dear friends,
The Asian Human Rights Commission (AHRC) has received information from a reliable source that 11 persons were brutally tortured and subsequently charged with fabricated charges following their arrest on 14 February 2006. They were arrested at a checkpoint in Abatan, Buguias, Benguet while backpacking.
According to a report by the Cordillera Human Rights Alliance (CHRA), a human rights organisation based in Baguio City, the victims hitched a ride on a dump truck on their way to Sagada, Mountain Province. When they reached Abatan, Buguias, Benguet, they were stopped by policemen allegedly attached to the Provincial Police Mobile Group (PPMG) and the Regional Mobile Group (RMG) of Benguet who at the time were stationed at the checkpoint.
The policemen were heavily armed and wearing complete battle suits. They ordered the victims to get down from the dump truck. They were then ordered to kneel down and their backs and were kicked with such force that they all fell face-first to the ground. The policemen started severely beating them one after the other and threatened to kill them. The police confiscated all their belongings. Every time the police noticed any movement from the victims, they were punched, kicked and hit. One of the victims was forced to kiss the mouth of a policemens dog.
They were later taken to the camp of the 1604th Police Provincial Mobile Group (PPMG) where they were allegedly severely tortured further. They were beaten on different parts of their body, exposed under the heat of the sun and had their hands tied behind their backs. They were also blindfolded, beaten in the genitals and threatened with death. Some of the victims were thrown into a pit and had soil, garbage and other matter dumped over their heads. They were electrocuted, stepped on and their fingers were squeezed with bullets inserted between them. Others were suffocated with plastic bags or had their heads forced into pails of water. Buckets were also hung on their heads and water was poured into them. They were also forced to strip naked, at which point they had freezing water sprayed on them.
It is reported that the victims were tortured to force them into admitting responsibility in a raid of a military camp in Cabiten, Mankayan, Benguet on 10 February 2006. A rebel group, however, had already admitted responsibility to the said raid. While in police custody, four of the victims were handcuffed and ordered to sketch the supposed battle area. The police forced them to guide them in locating the supposed hidden firearms. They were forced to trek a mountain where the supposed firearms are hidden. When the police failed to find any, they tortured the victims further.
A day after their ordeal, the victims were turned over to the Benguet Provincial Jail where they are presently detained.
While in police custody, one of the victims, Rundren Berloize Lao, was able to escape. He escaped by jumping into a ravine beside the camp and immediately ran for safety while being fired upon by policemen. Rundren went back to Baguio City and sought help from the Department of Social Welfare and Development (DSWD). The DSWD, however, turned Rundren over to the National Bureau of Investigation (NBI). Soon after, elements of the PPMG and PRMG served an arrest warrant on Rundren.
All of the victims are facing alleged fabricated charges of robbery with homicide in connection with the raid of a military camp in Cabiten February 10. The preliminary hearing is scheduled on 21 March 2006.
SUGGESTED ACTION:
Please write letters to concerned government agencies, in particular the Commission on Human Rights (CHR) to investigate the allegations of brutal torture experienced by the victims. The policemen involved must be placed under investigation to answer to the allegations against them. Appropriate charges must be filed against them if they are found to have violated the provisions of the Republic Act 7438 or an Act defining the rights of the persons detained or under custodial investigation.
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SAMPLE LETTER
Dear __________,
PHILIPPINES: Brutal torture of 11 persons and subsequent filing of fabricated charges against them
Name of victims:
1. Rundren Berloize Lao (24) of Gerona, Tarlac.
2. Anderson Alonzo (18) of Calinan, Davao City
3. Aldoz Christian Manoza (18) of Sampaloc St., Santolan, Pasig City
4. Ron Pandino (20) of Barangay Mayatba, Siniloan, Laguna
5. Ray Lester Mendoza (16) of Blk. 157 Lot 32 San Francisco
St., Barangay Rizal, Makati City
6. Jethro Villagracia (21) of Calinan, Davao City
7. Neil Russel Balajadia (25) of No. 026 Tawiran St., Santolan
Pasig City
8. Darwin Alagar (21) Barangay Tipuso, Urdaneta City, Pangasinan
9. Arvie Nunez (21) Barangay Silangang Mayao, Lucena City
10. Jefferson dela Rosa (20) of No. 211 A.M. De Leon St., Santolan, Pasig City
11. Frencess Ann Bernal (15) of Calumpang, Marikina City
Name of alleged perpetrators: Elements of the 1604th Police Provincial Mobile Group (PPMG) headed by Police Superintendent Brent Madjaco, elements of the 3rd Company of Police Regional Mobile Group (PRMG) headed by Police Senior Inspector Joseph Paolo Bayungasan and unidentified military agents
Date of incident: 14 to 16 February 2006
Place of incident: Abatan, Buguias, Benguet
I am writing to draw your attention to the brutal torture of 11 persons by policemen attached to the 1604th Police Provincial Mobile Group (PPMG) and the 3rd Company of Police Regional Mobile Group (PRMG) in Buguias, Benguet province on 14 February 2006.
I am aware that the victims were arrested by policemen in Abatan, Buguias, Benguet. The group was on their way to backpack in Sagada, Mountain Province by hitching a ride on a dump truck when arrested.
I have learned that the victims allegedly suffered various forms of torture while in police custody, including being kicked, punched and threatened with death. Some of the victims were also electrocuted, others were forced into a pit before having objects thrown on them, and still others had their genitals beaten. They also were subjected to humiliating treatment such as being forced to strip naked and made to kiss the mouth of a policemans dog. While they were at the camp of the 1604th Police Provincial Mobile Group (PPMG), they were allegedly tortured further.
It is reported that the victims were tortured to force them into admitting responsibility in a raid of a military camp in Cabiten, Mankayan, Benguet on 10 February 2006. A rebel group, however, had already admitted responsibility to the said raid.
I urge the concerned government agencies, in particular the Commission on Human Rights (CHR) and the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices to conduct an investigation in this case. The policemen involved must be held accountable if it is proven that they have committed such brutal acts of torture. The victims must be immediately released from Benguet Provincial Jail, where they are currently being detained and have the charges against them withdrawn, given that any confessions/statements made were undoubtedly taken under duress. They must be afforded with adequate legal assistance and counsel of their choice to assist them in their case should they decide to press charges against the policemen involved. Furthermore, upon their release, the victims must be afforded with adequate medical treatment and rehabilitation to ensure their full recovery.
I am extremely shocked and disappointment by the brutal treatment of the policemen attached to the PPMG and PRMG of persons detained in their custody. While the 1987 Philippine Constitution prohibits the use of torture and the Republic Act 7438 defines the rights of persons detained or under custodial investigation, the policemen in this particular case have arbitrarily violated these laws with impunity. The practice of torture in any circumstance is totally unacceptable.
The government, as State party to the International Covenant on Civil and Political Rights (ICCPR) and having acceded to the provisions of the Convention against Torture (CAT) has an obligation to ensure that the rights of its citizens against torture be protected. I am deeply concerned by the governments inadequate and ineffective implementation of laws to ensure the protection of rights in this and other similar cases.
Finally, I take this opportunity to urge the Philippine government, in particular the members of the House of Representatives and the Senate to consider the immediate passage of the Anti-Torture Act of 2005 (House Bill 4307), the proposed law which seeks to criminalise torture. The enactment of law against torture is a precondition to the protection of rights against torture amongst Filipinos.
I trust that you will take immediate action in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. P/DIR Gen. Arturo Lumibao
Chief, Philippine National Police (PNP)
Camp Crame
Quezon City, Metro Manila
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763
2. Atty. Jocelyn Castillo
Regional Director, Commission on Human Rights
Cordillera Administrative Region
3rd floor SSS Baguio Branch Bldg., Harrison Road
2600 Baguio City
PHILIPPINES
Tel: +63 074 619 9088/ 074 619 9089
3. 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
4. Mrs. Gloria Macapagal-Arroyo
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Tel: +63 2 735 6201 / 564 1451 to 80
Fax: +63 2 736 1010
5. Professor Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr.Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
E-mail: ssyed@ohchr.org
6. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR INDEPENDENCE JUDGES & LAWYERS)
E-mail: scronin@ohchr.org
7. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
c/o Ms Vernonica Birga
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
Email: vbirga@ohchr.org (please also cc: rrico@ohchr.org)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
