PHILIPPINES: Possible negligence by a local court delays the arraignment of five persons 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a reliable source regarding the possible negligence by a local court in General Santos City, Mindanao, Philippines, which has resulted in the delay in the arraignment of five persons. Under Section 7 of the Republic Act 8493, an act which ensures speedy trial of cases, a person charged in court must be arraigned within 30 days of filing a complaint or from the date the person first appears in court. In this case, they were charged for illegal possession of firearms and explosives on 21 December 2004 but their arraignment has not been scheduled as yet.

It was learned that the office of the Municipal Trial Court in Cities (MTCC) Branch I, where the complaint was first filed, has yet to endorse the case to its Office of the Clerk of Court (OCC). The arraignment and trial of the five persons can not proceed until the OCC receives the case. Once the case is received, the OCC will have to raffle the case to determine what court branch should hear the case, and to have the arraignment and trial of the case scheduled.

The five persons are Norma Factora (58), Connie Baltazar Formentera (18), Roland Akbay Samuel (25), Sali Miguel Tasil and Karias Lik Kamad. Samuel and Miguel are presently detained at the General Santos City Rehabilitation Center while three others are temporarily out on bail. All of them were arrested on 15 December 2004 in Barangay Labangal, General Santos City.

Reports disclosed that Samuel, Miguel and Kamad were maltreated and tortured while in police custody. They were forced to admit to the bombing incident at the city’s public market on 12 December 2004. The police, however, did not charge them with murder in connection to the bombing. They were beaten, blindfolded, interrogated without the presence of their legal counsel, prevented a visit by their relatives and were kept at the police headquarters for three days.

It was also reported that one of them, 18-year-old Formentera, fell pregnant while in police custody. Formentera has since been in their custody despite a court order to transfer her to the city jail. The police allegedly prevented Formentera’s relatives and human rights group a visit.

This is yet another instance of illegal arrest and detention and torture allegedly perpetrated by elements of the General Santos City Police Office (GSCPO). Please visit our previous appeals on this phenomenon UA-74-2005. Despite this, concerned government agencies, in particular the regional office of the Commission on Human Rights (CHR XII) have not conducted an investigation into the allegations against the police authorities. Further, no assistance has been afforded to the victims.

We request your intervention to pressure the Municipal Trial Court in Cities (MTCC) Branch I to endorse the case to the Office of the Clerk of Court (OCC). The arraignment and trial must be schedule without delay. If the MTCC Branch I personnel are found to have neglected their duties, appropriate sanctions must be imposed on them. Also, please request the Commission on Human Rights (CHR XII) to investigate into the allegations of illegal detention and torture allegedly committed by the policemen. They must be prosecuted if allegations are found to be true.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victims:
1. Norma Factora (58), a resident of Zone 6, Purok Maypagkakaisa, Barangay Labangal, General Santos City
2. Connie Baltazar Formentera (18)
3. Roland Akbay Samuel alias Allan (25), a resident of Glan, Sarangani province, Mindanao
4. Sali Miguel Tasil alias Salili, a resident of Glan, Sarangani province, Mindanao
5. Karias Lik Kamad alias Kamad, a resident of Datu Dani, Kiamba, Sarangani province
Date and place of incident: 15 December 2004 in Purok Maypagkakaisa, Barangay Labangal, General Santos City, Mindanao
Alleged perpetrators: Police Officer 3 (PO3) Florante Francisco, Police Office 1 (PO1) James Tronzal and PO3 Erwin Novida, all are assigned at the Criminal Investigation Branch (CIB) of General Santos City Police Office (GSCPO), headed by its former city director, Police Superintendent Willie Dangane

Account of the incident:

On 15 December 2004, five persons, namely Norma Factora, Connie Baltazar Formentera, Roland Akbay Samuel, Sali Miguel Tasil, and Karias Lik Kamad were arrested during a police and military operation in Barangay Labangal, General Santos City. Although their arrest was linked in connection to the 12 December 2004 bombing that killed 16 persons, there was no sufficient evidence to implicate them. They were also not charged with murder in connection to the bombing.

It was reported that following their arrest, three of the victims, Samuel, Tasil and Kamad were allegedly maltreated, severely beaten, prevented a visit by their relatives and subjected to interrogation despite the absence of their legal counsel. The incident took place at the headquarters of the General Santos City Police Office’s (GSCPO) while being investigated by elements of the Criminal Investigation Branch, an investigating unit of the GSCPO.

Although the victims could not name their alleged perpetrators, court records showed that three of the policemen, identified as Police Office 3 (PO3) Florante Francisco Police Officer 1 (PO1) James Tronzal and PO3 Erwin Novida, all assigned to the CIB, were among those who arrested the five persons and conducted the custodial investigation on them.

One of the victims, Karias Kamad was reportedly confined solitarily for three days following his arrest. He was denied his right to have a legal counsel and was allegedly prevented the assistance of a lawyer. He was reportedly detained incommunicado, and prevented a visit by his family and relatives.

Another victim, Miguel said they were blindfolded for three days. While in police custody they were struggling to eat their meals, could not sleep well and had difficulty in handling themselves because of the blindfold put on them. Although Miguel could not recognize the place where they were kept, he said it could have been an underground basement. The surrounding was also extremely cold.

According to Sali, they were tortured and forced to admit that they were responsible for the 12 December 2004 bombing. The three men were kept from their family and relatives, while human rights organizations looked for them for days until they were finally presented to the media. They were reportedly presented to the public only after family and human rights groups pressured the police to reveal the three men’s whereabouts.

The two women, Factora and Formentera, were detained separately from the men. The five persons were released from the custody of the CIB-GSCPO headquarters and were separately transferred to various police stations on December 18 before they were committed to the city jail. Factora and Formentera were detained at the Pendatun Police Station, Kamad at Makar Police Station, Samuel was at Bula Police Station and Tasil was at San Isidro Police Station.

When the three men were presented to the media, torture marks were reportedly still visible on different parts of their bodies. They were charged for illegal possession of firearms and explosives with criminal case number 46746, following the seizure of firearms and explosive materials at the residence of Factora.

On 22 December 2004, a court order was issued by Judge Marie Ellengrid Baliguat of the Municipal Trial Court in Cities (MTCC) Branch I to commit the five persons to the General Santos City Rehabilitation Center from the respective police precincts. However, despite the existing order, Formentera, has not been released from police custody.

In January 2005, Factora, Kamad and Formentera were able to post bail for their temporary release. However, although Formentera has posted bail she remains in police custody. It was learned that Formentera fell pregnant while in police custody. Although the circumstances surrounding Formentera’s pregnancy is not known as yet, there were allegations of a cover up by the police. A reliable source reported that the police authorities have convinced Formentera to testify against her fellow accused. It was also learned that Formentera’s relatives were not allowed to visit her.

Since the case was filed the arraignment has not been scheduled, which is a clear violation of the provisions of Section 7 of the Republic Act 8493, an act which ensures speedy trial of cases, and which stipulates that a person must be arraigned within 30 days upon filing of the complaint or from his first appearance in court. The Municipal Trial Court in Cities (MTCC) Branch I reportedly delayed the endorsement of the case to the Office of the Clerk of Court (OCC) in order to have the case raffled to what branch it should be heard, and to have the arraignment and trial scheduled.

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