PHILIPPINES: Indigenous villagers harassed, assaulted and tortured by military

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-013-2016
ISSUES: Right to life, Threats and intimidation, Torture,

Dear Friends,

The Asian Human Rights Commission (AHRC) is deeply concerned about the continued harassment, assault and torture of indigenous villagers by several military forces of the 73rd Infantry Battalion Philippine Army in separate incidents. In one incident, the villagers were forced to evacuate due to the encampment of military forces. In another incident, a village official was tortured by military forces to force him to admit that the civilian who passed by his house was a member of the New People’s Army.

CASE DETAILS: (Based on the documentation by Alliance for the Advancement of Peoples Rights (KARAPATAN) and Kahugpungan sa mga Lumad sa Habagatang Mindanao (KALUHAMIN) )

Case 1: Indigenous villagers forced to evacuate

On 5 October 2015 at 4 a.m., 14 elements of the 73rd Infantry Battalion Philippine Army led by Lieutenant Ejay Fil arrived in Sitio Salo, Barangay (village) Upper Suyan, Malapatan, Sarangani Province. Nestor Masalon, his wife Aubrey, and child Andrey were asleep. The sound of boots and the noise of people coming to their village woke Nestor. He immediately opened the door to check. He saw a soldier pointing his gun at their door and other soldiers were pointing their guns at his neighbors’ doors. The soldiers greeted him but he was unable to answer back. After the villagers gradually awakened, the soldiers asked them for breakfast and a resting place, as they were tired from their trek.

On the same day some of villagers approached the military forces and asked them not to encamp in their community. They were afraid the children and women would be caught in the crossfire if there was any fighting between the military forces and the rebels. The soldiers refused to leave, forcing the villagers to evacuate.

While the indigenous villagers were away from their community, the soldiers destroyed their crops and their farm animals went missing. The soldiers also placed human excrement in their kitchenware and on their floor.

Case 2: Tortured village official forced to admit that civilian was a rebel

On 28 November 2015, at 8 a.m., Rico Macampao, a village official of Sitio Quiogam, Barangay (village) Upper Suyan, Malapatan, was inside his house. A civilian passed by his house and they greeted each other, but when 15 military personnel and two CAFGU members came near, the civilian began running, in fear or being accused as a rebel.

The military men stopped at Macampao’s house to ask him who was the person who ran away. Macampao answered, “only the civilian who pass by Sir”. The military didn’t believe his answer and directly bust stroke his right armpit with the point of the gun. They repeated the action again using the bat of the gun, leaving Macampao breathless for three minutes due to severe pain.

The military officers then asked Macampao’s position in the village, to which he replied that he is a village official. Then the officers walked away silently, and approached civilians on the road to take them to the village road as their truck was there.

Macampao went to the police station the next morning to lodge a complaint. Then he went to the Municipal clinic, but the doctor did not entertain him because the military forces who tortured him were there. Macampao went back home with no treatment from the doctor and being unable to file any complaint as he cannot get a medico legal document from the municipal clinic for proof of bruises and torture.

SUGGESTED ACTION: 

Kindly send letters to the concerned authorities listed below requesting their immediate intervention into this case.

The AHRC is also writing a separate letter to the Special Rapporteur on the rights of indigenous peoples and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.

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

SAMPLE LETTER

Dear __________,

Philippines: Indigenous villagers harassed, assaulted and tortured by military

Case 1
Name of the victim: Indigenous villagers of Sitio Salo, Barangay (village) Upper Suyan
Name of Alleged Perpetrator: 73rd Infantry Battalion Philippine Army, CAFGU
Date of incident: 5 October 2015 at 4 a.m.
Place of Incident: Sitio Salo, Barangay Upper Suyan, Malapatan, Sarangani Province

Case 2
Name of the victim: Rico Macampao, a village official of Sitio Quiogam, Barangay (village) Upper Suyan
Name of Alleged Perpetrator: 73rd Infantry Battalion Philippine Army, CAFGU
Date of incident: 28 November 2015 at 8 a.m.
Place of Incident:Sitio Quiogam, Barangay (village) Upper Suyan, Malapatan, Sarnagni Province

I am writing to raise my concern at two cases of harassment, assault and torture by the military forces in Mindanao against indigenous villagers.

In the first case, on 5 October 2015 at 4 a.m., 14 elements of the 73rd Infantry Battalion Philippine Army led by Lieutenant Ejay Fil arrived in Sitio Salo, Barangay (village) Upper Suyan, Malapatan, Sarangani Province. Nestor Masalon, his wife Aubrey, and child Andrey were asleep. The sound of boots and the noise of people coming to their village woke Nestor. He immediately opened the door to check. He saw a soldier pointing his gun at their door and other soldiers were pointing their guns at his neighbors’ doors. The soldiers greeted him but he was unable to answer back. After the villagers gradually awakened, the soldiers asked them for breakfast and a resting place, as they were tired from their trek.

On the same day some of villagers approached the military forces and asked them not to encamp in their community. They were afraid the children and women would be caught in the crossfire if there was any fighting between the military forces and the rebels. The soldiers refused to leave, forcing the villagers to evacuate.

While the indigenous villagers were away from their community, the soldiers destroyed their crops and their farm animals went missing. The soldiers also placed human excrement in their kitchenware and on their floor.

In the second case, on 28 November 2015, at 8 a.m., Rico Macampao, a village official of Sitio Quiogam, Barangay (village) Upper Suyan, Malapatan, was inside his house. A civilian passed by his house and they greeted each other, but when 15 military personnel and two CAFGU members came near, the civilian began running, in fear or being accused as a rebel.

The military men stopped at Macampao’s house to ask him who was the person who ran away. Macampao answered, “only the civilian who pass by Sir”. The military didn’t believe his answer and directly bust stroke his right armpit with the point of the gun. They repeated the action again using the bat of the gun, leaving Macampao breathless for three minutes due to severe pain.

The military officers then asked Macampao’s position in the village, to which he replied that he is a village official. Then the officers walked away silently, and approached civilians on the road to take them to the village road as their truck was there.

Macampao went to the police station the next morning to lodge a complaint. Then he went to the Municipal clinic, but the doctor did not entertain him because the military forces who tortured him were there. Macampao went back home with no treatment from the doctor and being unable to file any complaint as he cannot get a medico legal document from the municipal clinic for proof of bruises and torture.

I therefore urge you to conduct an impartial and thorough investigation into these two cases. The allegations of torture must be properly investigated, and those involved must be penalized under the Anti-Torture Act of 2009. Also, I urge you to ensure that the indigenous B’laans are given adequate protection.
I trust that you will take appropriate action in this.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Benigno Aquino III 
President 
Republic of the Philippines 
Malacanang Palace 
JP Laurel Street, San Miguel 
Manila 1005 
PHILIPPINES 
Fax: +63 2 736 1010 
Tel: +63 2 735 6201 / 564 1451 to 80

2. Ms. Loretta Ann Rosales 
Commission on Human Rights 
SAAC Bldg., Commonwealth Avenue 
U.P. Complex, Diliman 
Quezon City 
PHILIPPINES 
Fax: +63 2 929 0102 
Tel: +63 2 928 5655 / 926 6188 
E-mail: chair.rosales.chr@gmail.com

3. Ret. Lt. Gen. Voltaire T. Gazmin
Secretary, Department of National Defense
Room 301 DND Building, Camp Emilio Aguinaldo,
E. de los Santos Avenue, Quezon City
Voice:+63(2) 911-9281 / 911-0488
Fax:+63(2) 911 6213
Email: osnd@philonline.com

4. Ms. Leila de Lima 
Secretary 
Department of Justice (DOJ) 
DOJ Bldg., Padre Faura 
1004 Manila 
PHILIPPINES 
Fax: +63 2 521 1614 
E-mail: soj@doj.gov.ph

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-013-2016
Countries : Philippines,
Issues : Right to life, Threats and intimidation, Torture,