PHILIPPINES: Illegal arrest and torture of four farmers in Columbio, Sultan Kudarat, Mindanao 

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that the four farmers illegally arrested in Columbio, Sultan Kudarat province, Mindanao on 2 September 2005 by combined elements of the 25th and 66th Infantry Battalion (IB), Philippine Army were allegedly tortured during an investigation. It was reported that one of the victims, Rhoderick Amante (27) had his right toenail pulled off by one of his investigators. The three others, namely Daniel Gusanan (44), his son Remy (20) and Romeo Mural (33) also suffered severe beatings.

The four men were denied their right to be represented by a legal counsel during custodial investigation as well as their right to remain silent. They were tortured into admitting responsibility for the killing of Ibrahim Tamlis, a village chief on 27 August 2005.  The local court, however, dismissed the fabricated charges and ordered the release of the three men after being held for 21 days. The release orders however, freed Daniel and Remy Gusanan and Romeo Mural only; Rhoderick Amante remained in jail to face trial for a separate case. A local human rights group KARAPATAN – Socsargen based in General Santos assisted them.

Although the three are already released, the perpetrators conduct in illegally arresting, detaining and torturing them has not been investigated nor prosecuted. They have continued to walk free and unpunished. The AHRC has previously reported a similar incident of illegal arrest and torture by the same military unit. Please see our previous appeals on this case FA-11-2004.

The three men refused to go back to their residence out of fear of retribution and therefore could not continue with their farming. Considering they are the sole income-earners in their households, their families are struggling to meet their daily needs. Despite this situation, the victims have not been given any assistance or indemnified for damages as a result of their arrest and detention, have not been afforded medical attention nor given treatment for trauma. It has been learned that the victims have suffered from trauma since the incident.

We urge your immediate intervention by asking the regional office of the Commission on Human Rights (CHR XII) in General Santos City, Mindanao and the Office of the Ombudsman for Military in Quezon City, Manila to conduct an investigation. The alleged perpetrators must be placed under investigation without delay. If the allegations are proven to be true, appropriate charges must be filed against them in court.

Finally, please ask the Philippine government to consider as a priority the enactment of the pending bill criminalising the practice of torture before the Philippine Congress and Senate. The government must enact domestic laws against torture as provided in the provisions of the Convention against Torture of which it is state party.

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

Name of the victims:
1. Daniel Gusanan (44)
2. Remy Gusanan (20)
3. Romeo Mural (33)
4. Rhoderick Amante (27)
All of them are farmers and residents of Sitio Blisa, Barangay Sinapulan, Columbio Sultan Kudarat, Mindanao. They are indigenous people belonging to the indigenous tribe, B’laan
Date and place of incident: 2 September 2005 at around 6:00 a.m. in Barangay Sinapulan, Columbio, Sultan Kudarat
Alleged perpetrators:
1. Elements of the 66th Infantry Battalion under the 6th Infantry Division (ID), Philippine Army (PA) based in the municipality of President Quirino, Sultan Kudarat
2. Elements of the Quirino Police Station, President Quirino, Sultan Kudarat

Account of the incident (based on the victims’ testimony):

On 2 September 2005 at around 6:00 am, the four victims, Daniel Gusanan, his son Remy, Romeo Mural and Rhoderick Amante were arrested in separate incidents by combined elements of the 25th and 66th Infantry Battalion (IB), Philippine Army (PA). One of the arresting officers was identified as Lieutenant (Lt.) Al Manocan of the 66th IB.

It was reported that the soldiers raided the victims’ houses and arrested them without search or arrest warrants. Following their arrest, they were briefly detained by the detachment of the 66th Infantry Battalion (IB) located in Barangay Maligaya, Columbio, Sultan Kudarat. While under the military’s custody and during their custodial investigation, the four men were tortured.

One of the victims, Amante, reportedly had his right toenail pulled off while being investigated. The three other victims, Daniel and Remy Gusanans and Romeo Mural were blindfolded, suffered severe beatings to their chest and threatened that they would be killed. They were forced to admit responsibility to the 27 August 2005 killing of Ibrahim Tamlis, a village chief. After being held for several hours, they were transferred to the 66th IB’s headquarters that evening.

At the headquarters, they were again subjected to custodial investigation. It was reported that they were also tortured inside the military’s headquarters. After the military turned them over to the police authorities, they were then transferred to the Quirino Municipal Police Station, to the Isulan police station in Sultan Kudarat and to the headquarters of the Criminal Investigation and Detection Group (CIDG XII) where they were held for 20 days.

It was only on 22 September 2005 that three of the victims, the Gusanans and Mural were released from the CIDG XII’s custody. Their release was ordered by a local court after it ruled to dismiss the charges against them. Amante however, remained in jail to face a separate case filed against him.

Previous record of violations by the perpetrators:

In February 2004, there were two separate incidents where several farmers were illegally arrested, detained and tortured allegedly by elements of the 66th Infantry Battalion (IB), Philippine Army. It also took place in Barangays Sinapulan and Lam-alis, all in Columbio, Sultan Kudarat.

Three farmers, namely Flory Balilid (25), Rogelio Balilid (33) and the latter’s wife Rosita, were allegedly harassed and intimidated by the same military unit during  their operation in Barangay Sinapulan, Columbio. One of them, Flory, was severely beaten and tortured. Please see our previous appeal on this case FA-11-2004.

In another incident, several farmers in Sitio Lam-alis, Barangay Datalblao were also illegally arrested and detained. Some of them were severely tortured while being investigated at the military’s detachment. The incident took place following an intense military operation against insurgents in the area.

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