Dear friends,
The Asian Human Rights Commission (AHRC) is concerned about the arrest, detention and torture of Wilfredo Damalerio and James Francis Defiesta, that took place on 27 June 2004 at about 9:00 am in Sitio Tagaytay, Barangay Mipangi, Nabunturan, Compostela Valley, Mindanao, Philippines. On allegation of being members of the New Peoples Army, soldiers of the 60th Infantry Battalion of Philippine Army arrested the two men alongside Evelyn Alicaba, who had allowed the alleged rebels to stay at her house for one night. This civilian woman has been illegally arrested and detained and her parents in law and six children were harassed and threatened at the time of the arrest.
AHRC is extremely concerned by this case of illegal arrest and detention, illegal search and torture. AHRC calls for immediate justice for the victims and concrete actions on behalf of the government authorities to conduct an impartial investigation without delay. Especially, we call for the immediate release of Evelyn Alicaba, a civilian mother illegally arrested and detained.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
Name of the victims: 1) James Francis Defiesta, 18 years old, of Sitio Tan-awon, from Barangay Malinawon, Mawab, Compostela Valley Province, Mindanao, Philippines
2) Wilfredo Damalerio, 30 years old, from Barangay Mipangi, Nabunturan, Compostela Valley Province, Mindanao, Philippines
3) Evelyn Alicaba, 38 years old, from Barangay Mipangi, Nabunturan, Compostela Valley Province, Mindanao, Philippines
Alleged perpetrators: men of the 60th Infantry Battalion of Philippine Army
Place of incident: Sitio Tagaytay, Barangay Mipangi, Nabunturan, Compostela Valley, Mindanao, Philippines
Date of incident: 27 June 2004 at about 9:00 am
Case details:
Damalerio and Defiesta were arrested on 27 June 2004 by men of the 60th Infantry Battalion of Philippine Army alongside Evelyn Alicaba who had allowed the two men to stay at her house in Sitio Tagaytay, Barangay Mipangi, Nabunturan, Compostela Valley, Mindanao, Philippines, for one night.
Evelyn was together with her six children and parents in law inside the house taking their breakfast when they saw some 30 heavily armed soldiers approaching. One of the originally three alleged rebels she hosted, Longlong, managed to escape by immediately running out via the backyard when he noticed the soldiers approaching. Defiesta and Damalerio did however not have time to escape.
Evelyn went downstairs to talk to the soldiers. Because she was worried for the safety of her children and parents in law she claimed that everyone inside the house were civilians. But soldiers suspected Damalerio and Defiesta to be rebels.
While Evelyn was talking to the soldiers, her six children started to panic inside the house, some of them cried because of nervousness. About five soldiers forcibly entered the house and started searching it through, leaving the house in total disarray. Her parents in law begged the soldiers to spare their daughter in law and the children. One of the soldiers told them to shut up or else they would be killed.
Damalerio and Defiesta were brought outside the house and the soldiers interrogated them and also started assaulting them. One soldier hit Damalerio in the stomach three times and tied his both hands with a rope. Four soldiers kicked and mauled Defiesta and punched his stomach and face several times. He was hit with a butt of a 60-caliber gun on his neck twice and hit with a butt of an M203 rifle on his stomach once. His mouth started bleeding. His hair was also cut-off before the soldiers tied his both hands.
Damalerio and Defiesta said they were forced by the soldiers to admit that they are members of the New Peoples Army. A .38 caliber revolver, a .22 caliber homemade pistol and a fragmentation grenade were seized from them.
At 11:00 am the same day, when the soldiers were taking their lunch and waiting for the Police Operatives from Nabunturan, they tied Defiesta’s foot to his left hand. He was however still able to eat by using his one hand. At 12:00 noon, the police operatives arrived in the area. The soldiers took Damalerio, Defiesta and Alicaba to the Nabunturan Police Station. While riding in the patrol car, Defiesta was hit by one of the police officers in the stomach. They remained tied, and were untied only after arriving at the police station. On June 29 2004 at 2:00 pm they were handed over to the BJMP District Jail in Montevista, Compostela Valley Province.
They were not given proper medical examination neither before being handed over to the Nabunturan police station nor at the BJMP District Jail in Montevista, Compostela Valley.
As of this writing, Damalerio, Defiesta and Alicaba are facing charges of Robbery with Homicide at the Municipal Trial Court of New Corella, Davao del Norte.
Following long standing clashes between the New Peoples Army and the Armed Forces of Philippines, persons accused of being New People’s Army members have exposed to widespread human rights violations, in forms of arbitrary detention and disappearances, torture and extra judicial execution.
SUGGESTED ACTION:
Please send a letter, fax or email to following addresses and express your deep concern about this case.
1. Ms. Gloria Macapagal-Arroyo
President, Republic of the Philippines
New Executive Bldg.
Malacanang Palace Compound, J. P. Laurel St.
San Miguel, Manila,
PHILIPPINES
Cel#: (+63) 919 8984622 / 917 8398462
Fax: (+63) 2 929 3968
E-mail: opnet@ops.gov.ph, kgma@yahoogroups.com
2. Sec. Eduardo Ermita
Department of National Defense
Camp Aguinaldo
EDSA, 1110 Quezon City
Philippines
E-mail: snd@dnd.gov.ph
sndermita@dnd.gov.ph
3. Purificacion Quisumbing
Commissioner
Commission on Human Rights (CHR)
SAAC Bldg., Commonwealth Ave.
U.P. Complex, Diliman, Quezon City
PHILIPPINES
Fax: (+632) 929 0101 / 928 0848
E-mail: drpvq@chr.gov.ph
4. The Secretary
Department of Justice (DOJ) Philippines
DOJ Bldg., Padre Faura, 1004, Manila
Philippines
Fax: +632521-1614
Email: sechbp@infocom.com.ph
5. The Chief of Police
Nabunturan Municipal Police Station
Poblacion Nabunturan
Nabunturan, Compostela Valley
Philippines
6. Mr. Theo C. Van Boven
Special Rapporteur on the question of Torture
OHCHR-UNOG, 8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9016
Tel. no. (+41 22) 91 79174
7. Ms Manuela Carmema Castrillo
Working group on arbitrary detention
C/o OHCHR-UNOG,
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear,
Re: PHILIPPINES: Two men illegally arrested and tortured; civilian women illegally detained by the 60th Infantry Battalion of Philippine Army
Name of the victims: 1) James Francis Defiesta, 18 years old, of Sitio Tan-awon, from Barangay Malinawon, Mawab, Compostela Valley Province, Mindanao, Philippines
2) Wilfredo Damalerio, 30 years old, from Barangay Mipangi, Nabunturan, Compostela Valley Province, Mindanao, Philippines
3) Evelyn Alicaba, 38 years old, from Barangay Mipangi, Nabunturan, Compostela Valley Province, Mindanao, Philippines
Alleged perpetrators: men of the 60th Infantry Battalion of Philippine Army
Place of incident: Sitio Tagaytay, Barangay Mipangi, Nabunturan, Compostela Valley, Mindanao, Philippines
Date of incident: 27 June 2004 at about 9:00 am
I am writing to express grave concern over the case of illegal arrest and detention, illegal search, grave threat and torture that took place in Barangay Mipangi, Nabunturan Compostela Valley, Mindanao, Philippines on June 27, 2004.Damalerio and Defiesta were arrested men of the 60th Infantry Battalion of Philippine Army on allegations of being members of the New Peoples Army.
Also the soldiers arrested Evelyn Alicaba who housed them at her residence in Sitio Tagaytay, Barangay Mipangi, Nabunturan, Compostela Valley, Mindanao, Philippines. She was arrested only because having allowed the men to stay overnight in her house. She is a civilian and not an NPA member. She is a mother to 6 children, all of them are minors, and is looking after old-age parents in law who need attention. Therefore, I urge the Department of Justice to look into the possibility of exonerating Evelyn from the charges, as she is innocent of the crime charged against her. We urge for the immediate release of Alicaba, who is the breadwinner and the only one who look up for her children since her husband had not been home for a long time.
I also condemn the acts of torture by elements of 60th Infantry Battalion Philippine Army, based in Tuburan, Compostela Valley and Nabunturan Police Operatives inflicted to Damalerio and Defiesta. I urge you to order a thorough investigation into this case and punish the responsible officers accordingly.
As the Philippine government is signatory to the Convention Against Torture (CAT), therefore it is duty bound to implement the provision of the said convention, which is to prohibit the practice of torture in the country and punished the perpetrators. The state is also responsible to guarantee that the arrested are treated in accordance with respect for basic principles of detention and that they should under no circumstances be subject to further torture or other degrading and inhuman treatment.
Thank you for your kind attention.
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Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
