PHILIPPINES: An army sergeant has the obligation to disclose the identities of the soldiers who assaulted a man

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that the soldiers responsible for illegally arresting and assaulting a man have remained free. They have not been held accountable because a sergeant, knowing their identities, failed to take action in naming the soldiers’ involved.

CASE DETAILS: (According to information from the Task Force Detainees of the Philippines (TFDP))

Sometime in the morning of April 2008, the victim Pablito Suplido was with his friend, Sergeant Tanega in Sitio (sub-section of a village) Udlian, Barangay (village) San Marcelino, General Nakar, Quezon province. They were engaged in conversation when Sergeant Tanega asked Pablito to buy some liquor at a nearby store. As Pablito was walking towards the store about 20 soldiers in military uniform accosted him.

The soldiers, all attached to the 16th Infantry Battalion(IB), Alpha Company of the Philippine Army (PA), were not wearing identity badges and were carrying M14 rifles and machine guns.

One of the soldiers grabbed the bolo Pablito was carrying. He tied both hands behind his back using the belt of the bolo holder. Another soldier told him to sit down on the sidewalk. While he was sitting down, two other soldiers simultaneously kicked him in the chest. Another soldier, who was holding his bolo, pointed it at the back of his neck. Pablito was aware of the other soldiers pointing their guns at his back. 

One of the soldiers informed Pablito that one of their Civilian Auxiliary Force Geographical Unit (CAFGU) members, who was with them at the time, claimed Pablito kept a firearm in his house. Though Pablito could not identify the name of the CAFGU man he recognized his face. The soldiers then forced him to surrender the gun he was supposedly keeping. They then accused him of being a supporter of an illegal armed group, the New Peoples Army (NPA).

In denying the soldiers’ allegations against him, Pablito told them that he knew Sergeant Tanega and that it was the latter who had requested him to buy wine. The soldiers warned him that if he was lying they would cut his head off and drink his blood.

The soldiers then contacted Sergeant Tanega through the Citizen’s Band (CB) radio communication to verify the information they had obtained from Pablito. At the time of the transmission, Pablito overheard that Sergeant Tanega had scolded the soldier who contacted him telling him to immediately release the victim.

After the soldiers contacted Sergeant Tanega, Pablito was taken towards the seashore. The soldier holding the radio told him that they would only let him go on condition that he would not run as soon as they had untied his hands.

After the incident Pablito, who belongs to the indigenous tribe Agta, spoke with a local activist. He recounted that he has had nightmares ever since the incident took place. Since then, he feels nervous even at the barking of a dog and that his heart beat speeds up due to this nervousness.

Pablito has not been able to identify the soldiers responsible who briefly but illegally arrested and assaulted him. However, the army sergeant–Tanega, who is known to the victim, is said to know the identities of the soldiers. Furthermore, it has been learned that Sergeant Tanega took no action to assist Pablito in seeking legal remedies, nor did he personally appear in a discussion being called on the matter.

Although Pablito is willing to pursue a complaint, the lack of protection, the fear and the trauma he has experienced, negate the possibility of prosecuting the soldiers involved. Thus, it is necessary that Sergeant Tanega be required to cooperate in the police inquiry into this victim’s case. The victim fears that once he lodges a complaint the soldiers might get back at him.

SUGGESTED ACTION:
Please write letters to the concerned authorities listed below, in particular the Armed Forces of the Philippines (AFP). Request that they ensure that the sergeant who knows the identities of the soldiers involved cooperate in the police investigation. The victim should also be afforded adequate protection during the pursuit of the case; and that he should likewise be afforded adequate treatment and rehabilitation for the trauma he continues to suffer.

The AHRC is also writing separate letters to the Special Rapporteur on the Question of Torture and Independent Expert on Minority Issues.

To support this case, please click here: SEND APPEAL LETTER