Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information from a reliable source that the hearing of five men in Davao City on July 25 was once again postponed. This is yet another incident of the prosecutor’s failure to ensure that its complainants and witnesses appeared for scheduled hearings.
In June, the complainant represented by elements of the Criminal Investigation and Detection Group (CIDG 12) in Davao City and its witnesses failed to appear in the hearing because they did not receive notice or a subpoena from the court. Even though the court scheduled the hearing for July 25, the CIDG 12 and their witnesses have again failed to appear in court.
The trial of victims Tohamie Ulong (minor), Ting Idar (minor), Jimmy Balulao, To Akmad and Esmael Mamalangkas, has been delayed for two years due to postponements, cancellations and replacement of the court judge. Recently, their case was transferred from the Regional Trial Court (RTC) Branch 12 to Branch 13, following the retirement of the Branch 12 court judge. They are presently detained at the Bureau of Jail Management and Penology (BJMP) in Maa, Davao City.
The AHRC has previously appealed to the Philippine government for the speedy resolution of the case. The five men were reportedly severely tortured into admitting involvement in the March and April 2003 bombings in Davao City. They were charged in court for the bombings but the allegations of torture have not been investigated. Please see our previous appeal for details UA-69-2005.
In a June 28 letter received by the AHRC, Persida V. Rueda-Acosta, Chief of the Public Attorney’s Office (PAO), said that the regional office of the PAO in Davao City has been informed that they should take appropriate action. However, the delay and postponement of the trial of the victim’s case suggests that this instruction has been ignored.
The use of torture by the police and military during the conduct of custodial investigations is a common practice in the Philippines. The AHRC has previously reported on this fact, such as those involving torture victims Omar Ramalan in Cotabato City (FA-04-2004; UP-09-2004) and Jejhon Macalinsal, Aron Salah and Abubakar Amilhasan in General Santos City (UA-74-2005; UP-78-2005).
We urge your immediate intervention by requesting the Office of the Public Attorney (PAO) in Manila and the Regional Trial Court (RTC) Branch 13 in Davao City to ensure that parties involved in the trial of the case appear at scheduled court hearings. The court must also initiate an inquiry into whether there was negligence by the prosecutor to ensure the complainants and its witness appeared in court. The court must ensure the speedy resolution of the case in accordance with the judiciary’s Action Program for Judicial Reform (APJR).
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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SAMPLE LETTER
Mrs. Persida V. Rueda-Acosta
Chief, Public Attorney Office (PAO)
DOJ Agencies Building,
NIA Road East Avenue
1104 Quezon City
PHILIPPINES
Tel. No. +63 2 929-9010/929-9436
Fax No. +63 2 927-6810/926-2878
Dear Mrs. Rueda-Acosta,
RE: Prosecutor's failure to ensure appearance of its complainants and witnesses postpones trial of five men
I am writing to draw your attention to the further postponement in the trial of alleged torture victims Tohamie Ulong (minor), Ting Idar (minor), Jimmy Balulao, To Akmad and Esmael Mamalangkas before the Regional Trial Court (RTC) Branch 13 in Davao City. The trial, which was scheduled on July 25, was again postponed due to the failure of the prosecutor to ensure the appearance of the complainant and its witnesses during a scheduled court hearing. This is yet another instance of postponement of the trial due to similar reasons.
I have learned that the complainants, represented by the Criminal Investigation and Detention Group (CIDG 12) and its witnesses, also failed to appear during a scheduled hearing in June. It was reported that they had not received any notice from the court for the said hearing. Although the circumstances behind the CIDG and its witnesses' failure to appear during the July 25 hearing was not known, the prosecutor is accountable for ensuring their appearance in court.
I am deeply concerned that the five persons, who are presently detained at the Bureau of Jail Management and Penology (BJMP) in Maa, Davao City, have not been afforded speedy trial as provided in the Republic Act 8493. I have learned that there has been no relevant progress since the case was filed in court in April 2003. Postponements, cancellations and the resetting of trial dates have ensured this.
I therefore urge your intervention to request Regional Trial Court (RTC) Judge, Isaac Robillo Jr. to ensure that both parties concerned appear during scheduled hearings to avoid further postponements. I also request you to initiate an inquiry in coordination with the court concerned as to whether there was negligence on the part of the prosecutor in ensuring its complainants and witnesses appeared in court hearings.
The court judge of the Regional Trial Court (RTC) Branch 13 must consider imposing administrative sanctions against the prosecutors if they are found to have neglected their duty. The court should also look into citing the elements of CIDG and its witnesses for contempt if found to have deliberately ignored the court hearings. By doing so, similar incidents will be prevented.
I trust that you will take action in this case.
Respectfully yours,
________________
PLEASE SEND LETTERS TO:
1. Hon. Hilario Davide Jr.
Chief Justice
Supreme Court of the Philippines
New Supreme Court Building Annex Padre Faura St., Ermita,
1000 Manila
PHILIPPINES
2. Hon. Gloria Macapagal Arroyo
President, Republic of the Philippines
Malacanang Palace
J.P. Laurel St., San Miguel, Manila
NCR 1005
PHILIPPINES
Fax: +632 2929 3968
Email: pgma@compass.com.ph or opnet@ops.gov.ph
3. Commissioner Purificacion Quisumbing
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman, Quezon City
PHILIPPINES
Tel. No. +63 2 928-5655/926-6188
Fax: +63 2 929-0102
Email: drpvq@chr.gov.ph
4. Secretary Raul Gonzales
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +6325211614
Email: sechbp@infocom.com.ph
5. Prof. 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 22 917 9016 (general)
Thank you.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
