An interview with torture victim Riel Custodio published by the Asian Human Rights Commission
PHILIPPINES: Torture victims speak out–“I cannot easily trust the police and military anymore” — Interview 3
SPECIAL REPORT
Torture in the Philippines & the unfulfilled promise of the 1987 Constitution
OVERVIEW: In this third interview in the series, Riel Custodio, one of the five torture victims collectively known as “Tagaytay Five”, recalls in detail his experience while in the custody of the police and military for seven days. He and the four others were kept in secret detention, deprived of food, sleep, medical attention and were not given legal counsel of their choice; their families were not allowed to visit them. The place where were held they later came to know as military and police camps.
Custodio and his companions have been exonerated from the questionable charges of rebellion that the police and military filed against them. However, the impact of torture, not only on him and his family, persists by the day even after their exoneration. He still suffers symptoms of post traumatic stress, like fear of police, military and anyone in uniform. His family have also developed fear due to his experience.
Towards the end of the interview, Custodio shared his reflections as to what the role of the law enforcers and those government officials elected in office should be. He said of the government: “The people trusted them, to be with them and to protect them.”
I am Riel Custodio of Batangas (province), 34 years old, my livelihood is farming and I do other work to support my parents.
I had an experience in 2006 that I could never forget. (It) happened because I have been helping the farmers. I was forcibly abducted and tortured together with four other colleagues. I would like to start the story:
It was April in 2006, about 6pm at a place in Tagaytay City. We were travelling to Batangas when the vehicle we are riding on had been blocked by a group of men whom we do not know. They were wearing military uniforms on their trousers, they were wearing combat shoes and they wore different types of shirts and uniform on top. They were carrying long firearms. They pointed their guns at us and ordered us to alight from our vehicle to lie down face to the ground. They immediately took the handkerchiefs from our pockets using them to blindfold us. They handcuffed us behind our backs.
They forced us to board on their vehicle. They threw us inside their vehicles like pigs (when they are thrown into livestock cargo trucks either to be sold or slaughtered). From there, we no longer knew where they were taking us to. What I notice is it took us about almost an hour to travel from the place where we were abducted to our destination. They took us to a place we (victims) could call “hell’. It was hell, literally, because that place was extremely hot, nobody was there because we could not hear other noise (apart from us).
For my part, I could hear my colleague yelling. He was shouting from excruciating pain because of what they did (torture) to them. They forced us to admit a crime that we knew nothing about. In that place where they took us, it was where our suffering in our life had started. They repeatedly punched, kicked and pointed their guns at us. They deprive us of sleep for seven days. They repeatedly kept on asking us whether we are members of the New People’s Army (NPA). They kept on asking us those questions.
What we told them was: “No! We are not members of NPA”. We do not know anything about it. I had no idea about what they were asking from us. I know (for myself) that I am only a citizen who is helping the poor farmers at that time. We know nothing about being an NPA or what we did was a (form of) rebellion.
From April 29 to May 2, we were taken to three different camps. On May 2 at dawn or about 12midnight, we were told that we have been taken to a place in Tagaytay City for inquest (filing of charges at the prosecutor’s level) but we did not see any prosecutors. We were not able to make our own defense on the charges on us. However, we came to know later that the police officers had only collected fiscal to make it appear that we have been on inquest proceedings for rebellion.
On May 5, we were already taken to the court. It was the first occasion that I came to know of the nature of charges they filed on us: rebellion.
I would like to elaborate more on that day that we have been tortured. We were deprived of sleep (as mentioned earlier). They Psywar us (psychological warfare) telling us that they could kill us if: you do not tell them what is (for them) is correct, you are not talking to them, if you do not name others (for them) are your accomplices, if you refuse to tell them who your colleagues are and what do you really do (work). They threatened to kill each of (our colleagues) one after the other and that we could no longer see our parents alive. They also asked us whether our family are familiar with the dress we were wearing (implying that they could only be recognized by their dress should they bodies are thrown in ditch).
They asked us those questions. On that occasion (for me) it was a mental torture. They did it apart from repeatedly assaulting us by punching and kicking us and many others. They slapped us hard on the face; they hit us with a piece of wood and many others.
When we were taken for inquest, we were taken to the court. We were able to see a court Judge. Only that time that we came to know that we have been charged with rebellion. We have no lawyers at that time. That is why, at that time, a lawyer from Public Attorney’s Office (PAO) was temporarily appointed for us to be our legal counsel.
Q: Do you mean for seven days you were held in secret detention?
Victim: Yes. They kept us secretly. We did not even see the sun rising and setting because we were all the time held in that dark room or a warehouse, from what we know. It was a room with iron bars and very dusty. We could hardly explain why that place was too hot. That is what made us think that that place was a hell. If there is a person who have gone to hell, that was the hell.
Q: For seven days you were not able to see your family, how was your condition, were you blindfolded (all the time)? Were you handcuffed? How did you look?
Victim: We were blindfolded. They put newspaper on our eyes before wrapping adhesive tapes around our heads. They repeat the wrapping around our heads with adhesive tapes many times. They covered our earlobes. We came to know later that the reason why they put newspapers first before wrapping our heads with tapes was to prevent the tape from sticking to our eyebrows. It was done to avoid leaving torture marks. They never took our handcuffs for seven days even when we go to toilet to dump, pee and do whatever other physical activities. They never removed them. My earlobes and hands were injured because the handcuffs they used was very tight.
Q: You mentioned earlier about you were kicked and punched, did it leave any marks on your body?
Victim: Partly yes. But the torturers (on purpose) do not leave any marks. They did it so that they could easily get away with physical evidence of torture mark on us.
I could tell another story. When we were taken to a vehicle, at the time when they throw us like pigs, one of my companions shouted from excruciating pain because he landed on the portion of the vehicle that was very hot. The flooring of the vehicle was very hot. It was where he landed on. They did not bother where we would land on after throwing us. They never bother whether there was a sharp object on the floor or the flooring where we landed on was hot. What is important to them is we are inside the vehicle.
One of my companions said: “What is this, it hurts, it hurts (anu ito? Masakit! Masakit!)”. But he was ignored. He shouted “(Treat me. My leg is wounded (gamutin ninyo ako kasi meron akong sugat sa aking binti)”.
But he was never treated. Now, it leaves a scar (keloid). My companion could never forget that. It caused a third degree burn on his right leg. It was burnt. He was not given proper medical attention. They only give him medicine that could never treat the type of injuries that he had as a result of us being forcibly abducted.
Q: You mentioned earlier that you were held for seven days, how did you manage to bathe and eat?
Victim: About taking a bath, we can’t be bothered. We could no longer be bothered about taking a bath or making our body fresh. We are bathing with our own sweat already. We bathe from our own sweat because the place where they took us was a hell. And because the place was very dusty, we bathe with dust as well.
One of my colleagues, because there were five of us, he was complaining that he has asthma attack (because of the dust). He was shouting if they could give him medicine, but his request was ignored.
If you want to bathe or pee, you call the guard. You have to shout (to draw their attention) if you want to pee. They will open your zipper for you to pee; if you want to dump, there are occasions that they removed your handcuffs. But you could not even think of dumping because you do not have anything to dump. For my part, I was not given food for five to six days. I thought about the stories of those who have been abducted that I heard. Even though they were given food, their main course is powdered fluorescent lamp. I was worried when I thought of it.
That is why I never thought of eating. I only asked for water. They put it in a bottle of Coke. They took the water from a drum that tastes like plastic. What they do is that: they tell you to open your mouth (wide), they pour the liquid on your mouth and it is up to you when to and not to swallow the liquid. There is no water for drinking and for using toilet.
Q: Do you have any idea where you have been taken to?
Victim: (from time of our abduction) it was more that 40 minutes travel. First, what we thought lately was that it could have been the camp of the Philippine Air Force in Nichols. Secondly, a camp in between the Nichols and Fort Bonifacio but we cannot be sure. What we could hear from the place where we were taken to is the sound of a moving train and flying helicopter. That is how we thought of it. There is no other camp where helicopters touched down or had moving train close by but in Nichols and Fort Bonifacio.
Thirdly, we were taken to Camp (Rafael) Crame where we were presented in a press conference saying that we are NPA. Fourthly, we were taken to Camp Vicente Lim in Canlubang, Laguna. Here, we were kept in secret detention again. From May 1, from the day we were presented to the media, we were kept away from our family. It was only on May 5 that they (family) were able to see us. From April 28 midnight to May 5, it was only that time that we were able to see our family.
Q: What was the effect of torture on you personally, your family and on how you deal with others?
Victim: Personally, I could not easily trust those military and police in uniforms anymore. What I thought (earlier) that the police or military is that they are the persons whom you could seek assistance from, but they are the ones who are oppressing. They are called law enforcers. Therefore, they should have been the ones taking care of the needs of the citizens. For my family, it had a huge effect. Their fear is still there. They kept on asking where I would go. If they could not see me for some time they start to worry. That is how my family and I are affected.
Q: Are you or your family undergoing post trauma therapy or counselling?
Victim: For my part, No. We were not given counselling. Even the government did not bother giving torture victims (this type of treatment).
Q: Now that we have a law on torture, if that incident of Tagaytay 5 had happened in time the law took effect, would you pursue charges?
Victim: Probably, I will file charges if there is a strict implementation of the law. What is needed is to have the law effectively and strictly implemented. It should not be a law for purposes of creating a law, but to put teeth on the law and to strictly implement it. If they are enacted for the sake of having a law without strict implementation, we cannot expect anything from that. For my part and other victims who are fighting for their rights, who are helping the needy, the law (so far) had no teeth. That is why it cannot be strong.
Q: Do you have message to other torture victims and their families?
Victim: Probably for torture victim, you must not be frightened. Just keep on with your struggle, what (you) do at present and that what had happened to them must not be an obstacle but rather (use it) to keep on it. Should there be others who could be victims of torture, hopefully they will not experience torture.
Q: Will you recommend the filing of charges of torture under the Anti-Torture Act to other torture victims whom you know?
Victim: Probably, if they are ready to prosecute. Because what the torture of victims are frightened about is that, once they pursue charges, what they have experience (torture) could happen again. They will be harassed again. If not them, their family. That is the effect on them. That is why many torture victims are too frightened to file charges against the (torturers) for fear of reprisal. Our government had no focus on helping the torture victims and there is no adequate treatment for victims. Although there is already a law, they (torture victims) had no strength. That is why others are too frightened. Even if I would recommend or accompany them (in filing charges in court), they are (still) frightened of the idea that the torturers will get back on them.
Q: Do you have any message to the government in the implementation of the Anti-torture Act?
Victim: For those in the government and those government officials elected in office, the people trusted you. They trust their votes on you in time that you were running for government posts. I hope they (officials) should give something in return. They should afford the people adequate protection of their legitimate rights because it is (the people) who put them in power. They must not be reluctant is using iron hands on those who are also in the government who continuously violates or commits torture.
The people trusted them, to be with them and to protect them. They are in power because the people had many expectations from them, that they could protect them.
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The views shared in this interview do not necessarily reflect those of the AHRC, and the AHRC takes no responsibility for them.
