PHILIPPINES: Torture; illegal arrest and detention; denial of victims for adequate medical and trauma treatment; detention of minors together with adults; failure to enact an enabling law against torture
———————————–
Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information on the case of the 11 torture victims in Buguias, Benguet. According to information from the Cordillera Human Rights Alliance (CHRA), the victims lawyers have filed petitions in court seeking for the withdrawal of charges against the victims. Two separate motions were also filed to withdraw the robbery, homicide and arson cases. The hearing for the victims petition was scheduled on 29 and 30 March 2006.
On March 23, the victims were arraigned in court in La Trinidad, Benguet. The charges of arson are based on the affidavit issued by 1st Lieutenant Douglas Albay of the 5th Infantry Division (ID), Philippine Army, accusing the victims of burning an army detachment in Cabiten, Mankayan, Benguet on February 12. The victims, however, insist the charges against them are fabricated and that they were tortured into forcibly admitting the offense. Please see our previous appeal on this for details: UA-082-2006.
The policemen involved were already charged before the National Police Commission (Napolcom). It is reported that the Napolcoms decision will be the basis in filing appropriate criminal and administrative charges against the police in court. Six lawyers from the Free Legal Assistance Group (Flag) are representing the victims in their case in court. While the AHRC appreciates this development, it is deeply concerned over the possible delay by the Napolcom in resolving the complaint filed against the policemen.
The victims are presently detained at a jail in La Trinidad, Benguet. According to the latest information received, despite a court order to transfer the two minors in this case, only one was transferred to a juvenile detention centre. It is reported that efforts by the Department of Social Welfare and Development (DSWD) in Baguio City to initiate the transfer of the remaining minors have been negligible. A staff member from the DSWD is reported to have said that there was some reservation in transferring the minors given the gravity of case.
While the victims are in jail, a reliable source said that they have not been afforded with any government-sponsored medical treatment or trauma counseling. Although they were already subjected to medical examinations, the effort on the part of the government, in particular the DSWD to afford them with appropriate treatment to ensure their full physical and mental recovery is questionable. Additionally, the supply of toiletries and other essential items for the victims personal use while inside the jail is insufficient. The AHRC has previously issued other appeals depicting the extremely poor condition of jails and medical facilities in the Philippines. Please see our previous appeals on this: UP-01-2006and UA-242-2005.
SUGGESTED ACTION:
Please write letters to the concerned government agencies listed below requesting for their appropriate action in this case. The court must resolve without delay the victims petition to withdraw the charges against them. If indeed the charges are found to have been fabricated and evidence taken by way of torture, they must be withdrawn immediately. The National Police Commission (Napolcom) must also resolve with urgency the complaint filed before them against the policemen involved. The promptness of Napolcoms decision is essential in filing appropriate criminal and administrative charges against the police in court.
Additionally, please request the Department of Social Welfare and Development (DSWD) of the Cordillera Administrative Region (CAR) in Baguio City to ensure that the victims are afforded with adequate medical treatment and trauma counseling. The DSWD must ensure the victims full physical and mental recovery while in detention. Allegations of failure and inaction by some of their staff must be dealt with accordingly.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
PHILIPPINES: Lawyers for 11 torture victims file motion to withdraw 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) of Barangay Tipuso, Urdaneta City, Pangasinan
9. Arvie Nunez (21) of 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
The victims are presently detained in a jail in La Trinidad, Benguet. One of the minors has been transferred to a juvenile detention centre.
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
Status of the case: The petition of the victims lawyer to withdraw the charges is still pending in the court. The hearing for this petition is scheduled on 29 and 30 March. Another complaint filed before the National Police Commission against the policemen involved is also pending for resolution.
I am writing to draw your attention to the case of 11 torture victims, two of whom are minors, who are presently detained in La Trinidad, Benguet (apart from one minor who has been transferred to a juvenile detention centre). According to the information I received, the victims lawyers have already filed two separate motions in court to withdraw the charges of robbery and homicide and arson cases filed against their clients. I have also learned that a separate complaint was also filed against the policemen involved before the National Police Commission (Napolcom).
While I welcome the progress in this case, I am deeply concerned by the possible delay by the Court and Napolcom to resolve the petitions filed by the victims lawyers. I therefore urge your office to ensure the speedy disposition of these cases by the authorities concerned. The promptness in the adjudication of these cases is essential. Further, if the charges against the victims are found to have been fabricated, they must be withdrawn without delay and the victims released immediately.
I also urge Napolcom to recommend the filing of appropriate criminal and administrative charges against the policemen involved if their investigation reveals probable cause. Now that a formal complaint has been filed, I urge you to consider imposing immediate preventive suspension and restrictions against the policemen involved to ensure the impartiality of the investigation. Napolcom must also closely coordinate with the Commission on Human Rights (CHR) in looking into the allegations of torture by the victims.
Furthermore, I urge the regional office of the Department of Social Welfare and Development (DSWD) in Baguio City to afford the victims with adequate medical and trauma treatment to ensure their full physical and mental recovery while in detention. They must also initiate the transfer of the remaining minor offender to juvenile detention. Allegations of DSWDs failure to provide medical treatment to Rundren Berloize Lao when he sought help from them before turning him over to the police authorities must be looked into. If there is negligence on their part, it must be dealt with accordingly.
The DWSD must ensure that victims are afforded with adequate supplies of toiletries and other basic needs while in detention. I am aware that the victims and their relatives are having difficulty in securing their basic needs in detention. I am aware of the extremely poor condition and facilities of detention centres in the Philippines. This fact has been repeatedly raised in the past but there seems to have been no improvement made.
Finally, I take this opportunity to call upon the members of the House of Representatives and Senate to consider and enact without further delay the proposed bill, Anti-Torture Act of 2005 (HB 4307). The enactment of this bill is a precondition for the effective redress to victims of torture and improvement of human rights in the country.
I trust that you will take action in this case.
Yours sincerely,
-------------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Ronaldo V. Puno
Chairman
National Police Commission (Napolcom)
A. Francisco Gold Condominium II
EDSA cor. Mapagmahal St., Diliman
Quezon City
PHILIPPINES
Voice: +63 2 925 0330 / 31
Fax: +63 2 925 0332
Email: rvpuno@dilg.gov.ph
2. 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
3. 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
4. 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
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. 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
7. 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
8. 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
9. Mr. Jacob Egbert Doek
Chairperson
Committee on the Rights of the Child
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9022
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
