PHILIPPINES: A farmer held five months on without charges in court

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that a farmer whom soldiers had illegally arrested and detained in 29 November 2007 has since been in jail without having been charged in court. He is detained at a provincial jail but there has not been a case filed against him in court. The police detaining him prior to his turn over to jail also did not release him promptly even though the charges they filed against him with the prosecutor’s office should have been done in ordinary not inquest procedures.

CASE DETAILS: (According interviews to the victim made by the Task Force Detainees of the Philippines — Luzon (TFDP))

On 29 November 2007, several soldiers had illegally arrested Zosimo Mariado in Sitio (sub-section of the village) Tambo-tambo, Barangay (village) Pagsangahan, General Nakar in Quezon province. Those who arrested him were soldiers attached to the 16th Infantry Battalion (IB) of the Philippine Army (PA). One of them was identified as Corporal Solomon Valderama.

Zosimo said it was around 11am that day he was at the house of his employer couple Danilo Garcia and his wife, Marina Suvedaria. About 30 soldiers wearing camouflage uniforms, each were carrying long firearms, had arrived. Zosimo and the couple were at that time preparing for their lunch when soldiers came and move into a hut where the three were at the time staying.

Zosimo was standing close to the hut’s entrance door when one of the armed men, Corporal Solomon, approached him and the couple introducing himself to them. Afterwards, Corporal Valderama had asked permission from Danilo to allow him and his men to enter to his house to which he agreed. He also accompanied him.

While they were inside the house, the soldiers who had claimed they are members of the Philippine Army’s 16th IB had also come. The soldiers too had requested to use the kitchen to cook food for their lunch. Zosimo said that he saw two soldiers preparing for their food while the others were outside the house. They looked as if they are waiting for someone or appearing to be looking for something.

Zosimo said he noticed one of the soldiers had asked Danilo as to how many persons have been staying in his house. Danilo said it is only him, his wife Marina and Zosimo who stays there. Danilo had to play dumb introducing Zosimo as his brother. Shortly after, Danilo was told to go outside their house but was prevented by another group of soldiers who had instructed him to enter into one of their rooms. Danilo then went inside by himself and soon after followed by three soldiers.

Zosimo said the soldiers had already begun questioning him, one after the other, of his personal details and his relationship with the couple. Later, the soldiers then started forcing him to admit he is a member of a rebel group, the New People’s Army (NPA). He had also overheard from outside the room that soldiers were speaking to Danilo and his wife Marina. The couple, however, later admitted to the soldiers that Zosimo is neither Danilo’s brother nor relative of theirs. Zosimo had been introduced by another person to them at the time he was looking for a job.

Upon learning this, one of the soldiers had approached Zosimo by going inside a room where he was staying and pointed his gun at him. The three other soldiers, who positioned themselves close to Zosimo, began hitting him to his chest and stomach with the butt of an M-16 armalite rifle. This, time Zosimo was forced to admit his membership with Rebolusyonaryong Hukbong Bayan (RHB), another rebel group. At the time Valderama and other soldiers had began torturing him.

While Zosimo was being forced to admit that he was a member of RHB, he had overheard from the soldiers who were outside the house shouting they were able to recover an M-16 armalite rifle and a grenade. It is not clear though how, where and who is in possession of those weapons when they were recovered. Zosimo, too, was completely unaware of the weapons. Zosimo added that the soldier’s beatings were so severe that it nearly killed him. He, too, could no longer recall how many times he had been punched and beaten by the soldiers.

Later that afternoon, the soldiers left taking only Zosimo with them. They had his hands handcuff and his eyes blindfolded while they were walking. They had walked several kilometers before reaching a place where he had sensed that a passenger jeep was waiting. Then the soldiers took him towards their detachment in Barangay Magsaysay in the municipality of Infanta of the same province. While inside the said military detachment, Zosimo recalled having been once again subjected to questioning and torture. He was never given opportunity to seek for a legal counsel.

On the same day, Zosimo was then taken to a police station of the Philippine National Police (PNP) in General Nakar, Quezon.

From the day the police took him into custody, it is only on December 4 that they were able to file criminal charges of illegal possession of firearm, ammunition and explosives against him before the Office of the Assistant Provincial Prosecutor in Infanta, Quezon. It is Senior Police Officer (SPO2) Cipriano Juniosa Pujeda who had filed the charges with the Office of the Prosecutor and booked as IS Number 2007-267-I.

The police’ reasoning as to why they find Zosimo held accountable for possession of illegal firearms and explosives could not be immediately known. As mentioned earlier, the circumstances as to how those firearm and explosive were recovered and who owned them was never clarified. The prosecutor too has not been able to resolved and file the case in court.

Thus, given the circumstances the person accused should have not been charged thereof unless ascertained. Even so, he should have been subjected to inquest procedures otherwise he should have been released from the police’ custody beyond 36 hours, which is the maximum allowable period of detention for persons held without having been charged in court.

On December 10, Zosimo was transferred to the Quezon Provincial Jail in Lucena City where he is presently detained. For the time being, it could not be immediately known on what basis or order the police had been able to remand him to jail. Under the procedures, only when the court orders for a person’s detention in jail he can be remanded; however, it is learned that no formal charges have been filed against him in court yet.

On 29 February 2008, a follow up was made on Zosimo’s case at the Office of the Provincial Prosecutor (OPP) in Lucena City. However, a clerk has told a TFDP staff that they are not handling the case and was told to check at the municipality of Infanta instead.

On March 5, a TFDP staff had written to lawyer Cresencia V. Pedrosa of the regional office of the Commission on Human Rights (CHR) Region IV requesting for their intervention on this case. However, there has not been any action taken by them. The last information was that the CHR investigator in charge for the case was at that time attending a seminar.

On April 1, once again another follow up was made on  whether the charges have already been filed in court now that the case is with the office of the Prosecutor in Infanta Quezon as previously been suggested to them. However, the clerk told her that no charges have been filed yet.

On May 1, when a visit was made at the jail where Zosimo is presently detained, he continuously complains about pain at the lower portion of his back towards his legs. As was the case before, there was neither immediate action to provide him medical assistance nor any notice from the court about any case filed against him.

SUGGESTED ACTION:
Please send letters to the concerned agencies below requesting for their appropriate intervention. If there are no sufficient grounds for the continuous detention of the victim he should be released; otherwise, they must ensure that charges against him are filed immediately in court for him to be able to make his defense. An inquiry into the allegations of torture committed on him must also be conducted. He must also be afforded with adequate medication and check up.

The AHRC has also written to the Special Rapporteur on the Question of Torture and the Working Group on arbitrary detention.

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