PHILIPPINES: Sick inmate denied adequate treatment 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Task Force Detainees of the Philippines (TFDP)-Mindanao that Elvie Apolona, a sick inmate presently detained at the Provincial jail in Prosperidad, Agusan del Sur, has been denied adequate treatment since his arrest on 10 February 2006.

Apolona was then confined at the Butuan Doctors Hospital in Butuan City when joint elements of police and military arrested him at around 11am. Those who arrested him were elements of the Regional Intelligence and Investigation Division (RIID 13), Police Regional Office (PRO 13), Intelligence Platoon attached to the 36th Infantry Battalion of the Philippine Army led by Colonel Wilfredo Flores Reyes, the group of 42nd MICO and 4th MIB PA.

Apolona’s family has filed a petition through their counsel asking the Regional Trial Court (RTC), Branch 6 in Prosperidad, Agusan del Sur, to have him either examined further for at least two to three days or to confine him to a hospital in Davao City. They are also requesting that a Neurologist attend to him for his post Meningitis-TB condition. The petition, however, has yet to be decided upon by the court.

According to the Apolona, at the time of his arrest he was admitted in the hospital and unconscious for several days, strapped with dextrose and oxygen support. He was suffering from Meningitis-TB according to his physician’s diagnosis. He had been previously confined at a hospital in Cagayan de Oro City.

According to his wife Venus, Apolona was confined at the hospital on February 7. On the morning of February 10, some members of the RIID arrived and later in the afternoon members of the 36th Infantry Battalion of Philippine Army. They were looking for her husband. On February 11, a group of policemen handcuffed him in his hospital bed. Venus did not enter her husband’s room because of fear that she too would be arrested. The victim’s father attended to Apolona at the hospital.

When Apolona regained consciousness he was surprised that his hands were already handcuffed to his bed and a platoon of military were guarding him. Some of his visitors were refused entry to his room. The military also interrogated him in the absence of legal counsel even though he was having difficulty in talking due to the oxygen support. They also threatened to poison him. Apolona said no warrant of arrest was presented to him and they did not properly explain to him the nature of his case.

On February 18 at 9pm, some members of the police intelligence forcibly discharged him from the hospital without obtaining clearance or full discharge orders from his attending physician. The nurse removed his dextrose and oxygen support as instructed by the police intelligence officers. He was then taken to Butuan City Police Office (BCPO). He was detained inside the detention cell without adequate medical facilities. Apolona said he was so weak yet they forced him to sleep on a cement floor. His visitors were refused entry to the jail. While detained some police intelligence officers visited and interrogated him.

At about 10pm on February 20 he was taken by Colonel Reyes to the Provincial Police Office (PPO) in Prosperidad, Agusan del Sur where he stayed for one night before he was remanded to the Provincial jail, Prosperidad, Agusan del Sur the next day on February 21.

On February 22, Apolona’s lawyer, John Gil S. Unay, visited him at the Provincial jail together with Medico legal officer Roselyn D. Orais, M.D. of the regional office of the National Bureau of Investigation (NBI) in Caraga. Orais strongly recommended for Apolona’s continued confinement to the hospital with sufficient medical facilities or place where he can recuperate from his illness while being examined for his condition. Orais discovered that Apolona was having difficulty in breathing and required oxygen support “on stand by”. Hence, his counsel filed an urgent motion to confine him to the hospital.

On February 23, Apolona was admitted at the D.O. Plaza Memorial Hospital, Patin-ay, Prosperidad, Agusan del Sur until March 15, as per the medical certificate issued by his attending physician Dr. Jocelyn Pantaleon, M.D. He was later remanded to the provincial jail where he is presently detained.

Apolona is facing charges of robbery under criminal case number 4390 and 6299 filed on 14 June 1999 and 15 September 2005, robbery with homicide and double frustrated oomicide under criminal case number 4821 filed on 29 September 2000 and murder under criminal case number 5020 filed in 2001 before the Regional Trial Court, Branch 6 in Prosperidad, Agusan del Sur.

The AHRC has previously raised concern about the inadequate medical and treatment facilities of government jails in the Philippines. There have been cases of health related deaths of inmates as a result of the poor condition and inadequate medical facilities. Please see our previous appeals: UA-242-2005; UP-01-2006. Even though the government is completely aware of this situation, their response to remedy it has been negligible.

SUGGESTED ACTION:

Please write letters to the concerned government agencies, in particular the Regional Trial Court (RTC) in Properidad, Agusan del Sur, to take immediate action on this matter. The RTC must decide without further delay on the urgent motion filed by the victim’s counsel to have him treated further and be examined by a Nuerologist in Davao City. The arresting officers must also be investigated to determine their liabilities regarding allegations of irregularities in the conduct of their arrest, and allegations of maltreatment and harassment.

 

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