PHILIPPINES: Five months on, no charges filed against soldiers who tortured indigenous villagers

Dear Friends, 

The Asian Human Rights Commission (AHRC) writes to inform you that charges have not yet been filed in court against soldiers involved in illegally arresting, detaining, torturing and threatening to kill five indigenous tribe members over a number of days. On December 1, 2009 the victims, one of them a minor, were arrested while searching for rare bird’s nest in the forest. The soldiers also reportedly forced them to act as guides during a combat operation after claiming that they were rebel sympathizers. 

CASE NARRATIVE: 

It was on 1 December 2009 at 6pm that five people, Rolan Corpuz, 20; Jun Jun Acleto, 17; Ricky Torres, 21; Lolit Agbayani; and Edwin Buryo, 30, were illegally arrested by soldiers attached to the 7th Infantry Division of the Philippine Army (PA) in Barangay Dikapinisan, Dingalan town, Aurora province of Luzon. The victims, who are members of an indigenous tribe Dumagat, were searching for rare birds’ nests when the soldiers arrested them. 

Before the soldiers caught up with them in the forest, the five victims had already been searching for “Layang-layang”, a local term for the rare expensive and rare bird’s nest; a source of income for the indigenous people of the area. They are people whose way of life still revolves around the forest. They have no education and cannot read and write. 

The victims were surprised when ten fully armed soldiers stopped and searched them without explaining why. The soldiers conducted body searches and demanded a Community Tax Certificate (CTC), a document that government agencies require as proof of a Filipino’s local residency. 

The soldiers arrested them after they failed to produce this certificate and identification documents. In the Philippines, soldiers systematically suspect and search people, particularly those they had caught in forest area, as either being rebels or persons doing suspicious activities once they cannot show proof of their residency and identity. This has already affected villagers in the remote areas, particularly the indigenous people, who still continue to live in what may be considered a backward lifestyle. 

Upon reaching the camp the victims claim that the soldiers began to torture them. One after the other they were subjected to interrogation. The soldiers demanded that they cooperate and affirm that they indeed have knowledge about the activities of the New Peoples’ Army (NPA), a rebel group, in the area. 

One of the victims, Rolan, was told that they would give him Php 10,000 (USD 215) as a reward once he revealed the location of the rebels’ firearms and ammunitions. When he told the soldiers that he had no knowledge about the NPA and that he and companions were only searching for bird’s nest, they reportedly choked and kicked him. Two other soldiers also repeatedly kicked him. 

Another victim, Ricky, was also repeatedly kicked in different parts of his body in front of Rolan, and soldiers also punched another victim, Jun Jun, in his stomach; a Sergeant named Moreno allegedly beat him with a steel pipe. The soldiers also threatened that if they did not reveal any information about the rebels they would kill them. The soldiers ordered Ricky to dig a pit and warned that if he refused to cooperate he would be buried in it. Out of fear Rolan falsely confessed that they were members of the NPA. 

On December 2 the other victims were taken by the soldiers towards the mountainous they called “Balagbag” in Barangay Alasanay supposedly in search of the firearms that Rolan had buried. To make sure that the victims would not escape, the soldiers tied them together by their waists and hands with rope. For two days, they were in soldiers’ custody in the forest. 

On December 3, Lolit and Rolan were able to escape. Rolan managed to descend from a cliff near a river bank and board a small passenger vessel. He went straight to Fr. Pete Montallana–OFM, a local missionary priest, in Barangay (village) Ibona, where he sought refuge and asked for help. 

On December 5, the other three victims, Jun Jun, Ricky and Edwin, were released from the soldiers’ custody. When they were released, no information was given on what charges they had been held. Despite having been identified, the soldiers have continuously denied either taking them into custody or having tortured them. 

Since the incident some of the victims have sought refuge at one of the churches in Metro Manila. When Dr. Ben Molina, a medical expert, examined Rolan and Jun Jun the torture marks and bruises were still visible, particularly along their arms. Rolan has been finding it difficult to breathe due to his injuries. 

According to our reports soldiers in this area have been conducting an anti-insurgency campaign, distributing leaflets to the communities that warn of insurgents using church staff, particularly priests, to advance an anti-government agenda. 

The victims have filed a complaint against the soldiers with the regional office of the Commission on Human Rights (CHR-III) in San Fernando, Pampanga. Although the investigation has been completed and the findings forwarded to the head office in Manila, no charges have been filed in court. The CHR initially refused the local groups helping the victims (the Task Force Detainees of the Philippines or TFDP-Luzon) access to documents about their investigation, claiming that they are confidential. 

SUGGESTED ACTION: 

Please write letters to the authorities listed below asking for their intervention to ensure that charges under the Anti-Torture Act of 2009 are filed against the soldiers involved. 

The AHRC has also written letters to the Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the Independent Expert on Minority Issues. 

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