Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you that seven construction workers were illegally arrested and held by soldiers over allegations that they were constructing a house for a rebel leader. The workers, however, were neither working for a rebel leader nor involve in any rebel group. They are heads of families from nearby municipalities who had to work in the construction industry to earn money to support their respective families.
CASE DETAILS: (According to information received from the Task Force Detainees of the Philippines (TFDP))
On 1 March 2009 at 1pm, soldiers arrested seven construction workers, namely Johnny Tugan, 51 years old; Salik Ameril, 27; Malik Guinaludin and four others, known only by their aliases, Espaik, Said, Dats and Patutin, at their worksite in Barangay (village) Lomopog, Midsayap, North Cotabato. The group, all of whom are Muslims, were working for a local engineer for the expansion of an elementary school.
While the group was working, five helicopters, carrying soldiers attached to the 40th Infantry Battalion of Philippine Army and Scout Rangers, landed near their worksite. But as they hovered over the area, a soldier from inside the helicopter opened fired at them using an M60 machine gun. The gun fire lasted for a minute and prompted the frightened workers to flee in different directions for safety; soon after the soldiers landed in the area.
After being fired upon, the soldiers, numbering about 35, rounded up the workers and took them inside a classroom where they were held. When the group tried to explain raising their hands and telling the soldiers that they were merely construction workers, they were ignored. They were instead ordered to lie down facing the ground with their hands on their backs. While in that position, the soldiers had their hands handcuffed with plastic wire and blindfolded them with adhesive tape. The soldiers then repeatedly kicked and punched them.
One of the victims, Tugan, recalled having been kicked and hit to his left chest and back. The soldiers, too, had them questioned to force them into admitting that they were members of a rebel group, the Moro Islamic Liberation Front (MILF), under Kumander Umbra Kato. The soldiers claimed that they were constructing the house of the rebel leader, but the workers denied that they were members of any rebel force nor knew anything about it. However, the victims repeatedly told the soldiers that they were not constructing a house for Katos or members of his rebel group.
From 1pm to 5pm, the workers were not allowed to leave from the bench where they ordered to sit for four hours. After which, they were taken to a solar drier where they were told to lie facing to the ground. As they were lying it rained heavily. But the soldiers, instead of taking them out from the field to prevent them from being drench, made them remain where they were for two hours. It was only at 3pm, after the rain had subsided, that they were told to leave ground towards an empty house nearby.
While they were inside the house, one of Tugans companions asked the military to give them food because they were already hungry. The soldiers told them to wait as he had yet to look for something for them to eat. Though the soldier did return, however, the food he had given to them was their leftovers and spoiled rice. The victims had to eat the food the soldier had given to them on a table with their handcuffs on.
After that, though they were told to sleep. At that time the victims were still wearing their drenched clothes and that their wrists were in pain because of the tight handcuffs. Tugan said they were not able to sleep. It was only on the following day, March 2 at 7am, that the soldiers had their handcuffs removed. The soldier told them to eat their leftovers, once again. For about 18 hours they were not given water to drink.
Though the soldiers told them that they could leave and go home, however, no explanations were given as to why they were arrested and subsequently held. Also, they prevented them from obtaining their personal belongings placed inside a classroom where they were working. Tugan was prevented from getting his money worth Php 1,800.00 (USD 37) and a mobile phone his companion owned. They were told that they would call them later.
It was around 9am of March 2 when Sariya Ali, the village head, met them. She accompanied the victims to a local police station to register a complaint or police blotter. But the police investigator on duty, whose name was not taken by them, refused to register their complaints, telling them that they had no jurisdiction over the case since the incident took place in the area occupied by the military. He, nevertheless, took their names without explaining to them the reason for doing so.
After which, they were taken to a health center where they supposed to have a medical examination but unfortunately the doctor was not there. Then, a certain Lieutenant Donreque, an officer for civil affairs attached to the 40th IBPA, registered their complaints and their ordeal at the hands of the soldiers. Lt. Donreque, however, told them they were not supposed to be there because civilians were not permitted to enter the area. The victims said that they were unaware of this and were there to work as construction workers. They, too, were not told that they should inform the soldiers first before they could enter the area.
The six victims had already gone back to their respective places in Sultan Kudarat. Tugan, on the other hand, returned to the evacuation center where he had been taking shelter in Barangay Kapinpilan, Midsayap, for the last seven months.
SUGGESTED ACTION:
Please write letters to the authorities below urging them to conduct an impartial investigation regarding this case. The soldiers responsible for torturing, illegally arresting and detaining the victims should be held to account. The police officer, who refused to register the victims complaint, should also be investigated by way of having him identified as well as the police station where he is attached.
The AHRC is also writing letters to the UN Special Rapporteur on the Question of Torture calling for his intervention.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ____________,
PHILIPPINES: Soldiers assaults and illegally detains seven construction workers
Name of victims:
1. Johnny Tugan, 51 years old, married
2. Malik Guinaludin
3. alias Espaik
4. alias Said
5. Salik Ameril, 27 years old
6. alias Dats
7. alias Patutin
The real names of four of the victims are not immediately known. They had not been interviewed in person and their colleagues are also not able to identify their real names. They had already returned to their respective places in Sultan Kudarat.
Alleged perpetrators: Members of the 40th Infantry Battalion of the Philippine Army and Scout Rangers
Date of incident: From March 1 to 2, 2009
Place of incident: Lomopog Elementary School, Barangay (village) lomopog, Midsayap, North Cotabato
I am writing to express my concern regarding the illegal arrest, detention and subsequent torture of seven construction workers, all of whom are Muslim, in Barangay Lomopog, Midsayap, North Cotabato, from March 1 to 2, 2009. Those responsible were security forces attached to the 40th Infantry Battalion of Philippine Army and the Scout Rangers.
When the incident took place, the victims were working for the expansion of an elementary school in the same area. The soldiers, who were onboard five separate helicopters, open fired at the workers using a M60 machine gun as they hovered prompting the latter to flee for their safety. After landing the soldiers rounded up the workers proceeded to take them towards a classroom.
After being fired upon, the soldiers, numbering about 35, rounded up the workers and took them inside a classroom where they were held. When the group tried to explain raising their hands and telling the soldiers that they were merely construction workers, they were ignored. They were instead ordered to lie down facing the ground with their hands on their backs. While in that position, the soldiers had their hands handcuffed with plastic wire and blindfolded them with adhesive tape. The soldiers then repeatedly kicked and punched them.
One of the victims, Tugan, recalled having been kicked and hit to his left chest and back. The soldiers, too, had them questioned to force them into admitting that they were members of a rebel group, the Moro Islamic Liberation Front (MILF), under Kumander Umbra Kato. The soldiers claimed that they were constructing the house of the rebel leader, but the workers denied that they were members of any rebel force nor knew anything about it. However, the victims repeatedly told the soldiers that they were not constructing a house for Katos or members of his rebel group.
From 1pm to 5pm, the workers were not allowed to leave from the bench where they ordered to sit for four hours. After which, they were taken to a solar drier where they were told to lie facing to the ground. As they were lying it rained heavily. But the soldiers, instead of taking them out from the field to prevent them from being drench, made them remain where they were for two hours. It was only at 3pm, after the rain had subsided, that they were told to leave ground towards an empty house nearby.
While they were inside the house, one of Tugans companions asked the military to give them food because they were already hungry. The soldiers told them to wait as he had yet to look for something for them to eat. Though the soldier did return, however, the food he had given to them was their leftovers and spoiled rice. The victims had to eat the food the soldier had given to them on a table with their handcuffs on.
After that, though they were told to sleep. At that time the victims were still wearing their drenched clothes and that their wrists were in pain because of the tight handcuffs. Tugan said they were not able to sleep. It was only on the following day, March 2 at 7am, that the soldiers had their handcuffs removed. The soldier told them to eat their leftovers, once again. For about 18 hours they were not given water to drink.
Though the soldiers told them that they could leave and go home, however, no explanations were given as to why they were arrested and subsequently held. Also, they prevented them from obtaining their personal belongings placed inside a classroom where they were working. Tugan was prevented from getting his money worth Php 1,800.00 (USD 37) and a mobile phone his companion owned. They were told that they would call them later.
It was around 9am of March 2 when Sariya Ali, the village head, met them. She accompanied the victims to a local police station to register a complaint or police blotter. But the police investigator on duty, whose name was not taken by them, refused to register their complaints, telling them that they had no jurisdiction over the case since the incident took place in the area occupied by the military. He, nevertheless, took their names without explaining to them the reason for doing so.
The soldiers action in illegally arresting, detaining and torturing the victims is completely unacceptable, as is also the refusal of the police officer to register their complaints of their ordeal. By not taking prompt action into the victims complaint on pretext of jurisdiction, the victims were effectively denied immediate remedies by the same law enforcement authorities who are supposed to protect them; and who has duties and obligation to investigate any allegations of abuses by security forces.
I therefore urge you to have this case thoroughly investigated promptly. An inquiry must be conducted to identify the soldiers involved in this incident, and the police officer who refused to register the complaints of the victim. Also, I urge you to implement a thorough review into the existing police procedures, in particular the provision on jurisdictions, which has itself effectively denied these victims prompt remedies they require at the time.
Yours sincerely,
———————
PLEASE SEND YOUR LETTERS TO:
1. Mrs. Gloria Macapagal-Arroyo
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
E-mail: corres@op.gov.ph
2. Ms. Leila De Lima
Commissioner
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: chr.delima@yahoo.com or mtm_rodulfo@yahoo.com
3. Deputy Director General Jesus A. Verzosa
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Fax: +63 2724 8763
Tel: +63 2 726 4361/4366/8763
E-mail: bluetree73@gmail.com
4. Mr. Raul Gonzalez
Secretary
Department of Justice (DoJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: raulgonzalez_doj@yahoo.com
5. Mr. Ronaldo V. Puno
Secretary
Department of Interior and Local Government (DILG)
A. Francisco Gold Condominium II
EDSA cor. Mapagmahal St., Diliman
Quezon City
PHILIPPINES
Fax: +63 2 925 0332
Tel: +63 2 925 0330 / 31
E-mail: rvpuno@dilg.gov.ph
6. Atty. Quinciano V. Bueno
Regional Director
Commission on Human Rights (CHR XII)
Pascua Building,
Arellano St.
Koronadal City
PHILIPPINES
Telefax: +63 83 520 0615
Tel: +63 83 5538887
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
