Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you that a man had been tortured while in the custody of law enforcement officers who arbitrarily arrested him. The officers did not produce an arrest order or explain to him why he was being taken into custody. The victim was taken to the headquarters, where he was tortured. Evidence was planted on him, after he was taken at gunpoint.
CASE NARRATIVE: (According to the sworn statement of the torture victim)
On April 30, 2010 at 4:40pm, Misuari Kamid, a utility man employed at the provincial government of Sarangani, was waiting for a motorcycle in Silway, Barangay (village) Dadiangas West, General Santos City. He was with two others who were together with him attending a feast earlier that day at ‘Baraks’, a police reservation settlement.
Misuari separated from his companions, who were buying grilled fish at the time, to hire a passenger motorcycle which they could take on their way home to Barangay Lagao, also in the same city. While he was waiting for a ride, he bought cigarettes from a store close to where he was waiting. A man, whom he later knew as Richard Autor, an informant of the Philippine Drug Enforcement Agency (PDEA) based in the same city, approached him and started asking him questions.
Richard started asking Misuari whether he is familiar with or knows the persons they were looking for living in the same area. When Misuari told him that he did not know them and that he lived in Barangay Lun Padidu, Malapatan Town, Sarangani province, not in the said area. It was during this time that Richard’s companion, Intelligence Officer 3 (I03) Arce Adam, had arrived in a red car (with license plate number UED 147).
As IO3 Adam alighted from the vehicle he drew his firearm and pointed it at Misuari as he approached. Misuari’s hands were cuffed behind his back and he was force to get inside their vehicle. When Misuari refused to go with them, IO3 Adam hit the back of his neck with the handle of the hand gun. They took Misuari to the regional headquarters of the Philippine Drug Enforcement Agency (PDEA), also in the same city.
In his sworn statement
Misuari stated as follows:
“When we reached the PDEA compound, they brought me to a cottage and I’ve heard Richard Autor called the PDEA agents. When they came, they took turns in hitting and boxing me. They boxed my face, left and right side of my chest, left and right thighs”.
Misuari identified those who had assaulted him as Intelligence Officer 1 (IO1) Rodrick Gualisa, S02 Frederick Ocana, I01 Vincent Quilinderino, I03 Arce Adam, I01 Eleazar Arapoc, SI2 Raymund Parama and two of their informants–Luisito Epino and Richard Autor. I03 Adam told him that he should: “Aminin mo na pusher ka! (Admit that you are a drug seller)”
in between repeated blows. Misuari pleaded from them to stop assaulting him.
After he was assaulted, Misuari was taken to a parking lot where he saw the officers placed two plastic sachets containing illegal drugs, dried marijuana leaves or cannabis and a 500 peso bill on the ground. They then forced Misuari to kneel beside the evidence by forcibly dragging him close to it so that photographs could be taken. When he struggled against them S12 Parama struck his feet with the handle of an Armalite rifle forcing him to kneel due to the excruciating pain.
That evening Misuari was detained inside the detention cell of the PDEA. He was unable to sleep that evening due to excruciating pain he was suffering due to torture. The injuries that he suffered were later confirmed by the medical certificate
issued on him after he was examined by a government physician, Ma. Antoinetta Odi, on May 18, 2010.
On May 1, 2010 at 9am Misuari was taken to the office of the PDEA where some journalists were waiting for him. When he was presented, Misuari saw the evidence they had planted on him on a table which the officers claimed were confiscated from him.
Misuari is presently detained at the General Santos City Reformatory Center (GSCRC) in Barangay Apopong, of the same city.
SUGGESTED ACTION :
Please send letters to the authorities listed below asking them to initiate an immediate investigation on the allegations of torture by the victim under the Anti-Torture Act of 2009. The victim should be released without delay because the manner of his arrest and the filing of charges against him had been arbitrary.
The AHRC has also written letters to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and the Working Group on Arbitrary Detention (WGAD).
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
PHILIPPINES: Torture of a utility man who was arbitrarily arrested
Name of the victim :
Misuari Kamid, a utility man working for the provincial government of Sarangani; he is a resident of Barangay Lun Padidu, Malapatan, Sarangani Province. He is presently detained at the General Santos City Reformatory Center (GSCRC)
Alleged perpetrators :
1. Intelligence Officer 1 (IO1) Rodrick Gualisa
2. S02 Frederick Ocana
3. I01 Vincent Quilinderino
4. I03 Arce Adam
5. I01 Eleazar Arapoc
6. SI2 Raymund Parama
7. Luisito Epino
8. Richard Autor
Nos. 1 to 6 are members of the Philippine Drug Enforcement Agency (PDEA), a unit attached to the Office of the President (OP) who has special mandate to enforce the Comprehensive Dangerous Drugs Act of 2002 (Republic Act 9165), a law relating to illegal drugs. The nos. 7 and 8 are PDEA informants.
Date of incident :
April 30, 2010
Place of incident :
Silway, Barangay (village) Dadiangas West, General Santos City
I am writing to draw your attention to the case of Misuari Kamid, a utility man who had been assaulted, tortured and laid with fabricated charges for illegal drugs after having been arbitrarily arrested on April 30, 2010. Misuari was tortured while in the custody of the Philippine Drug Enforcement Agency (PDEA) in General Santos City.
Misuari was waiting for a ride on his way home from a feast which he had attended together with two other persons when he was forcibly taken. He was buying a cigarette from a store when a PDEA informant, whom he later identified as Richard Autor, started questioning him whether he knew the person he was looking for; or, whether he is a resident of Silway, Barangay Dadiangas West, in the same city.
Misuari told Richard that he did not know any of the persons he was looking and that he lived in Barangay Lun Padidu, Malapatan town, Sarangani Province. This time Richard’s companion, Intelligence Officer 3 (IO3) Arce Adam, who was apparently observing nearby, had come onboard a vehicle (with license plate number UED 147). When he alighted from the vehicle, he was carrying a gun with and immediately got hold of Misuari by cuffing his hand behind his back. He struck Misuari in the back of his neck when he resisted from being taken inside the vehicle. They did not explain to him why they were taking him.
Richard and IO3 Adam took Misuari to the PDEA headquarter, which is adjacent to the compound of the General Santos City Police Office (GSCPO), where he and his two companions had earlier come from to attend a feast. The PDEA officers started torturing him soon after arriving in their headquarters. They forced him to admit that he is a seller of illegal drugs and that the evidence of illegal drugs, dried marijuana or cannabis and the money, which they had planted on him, are his.
When Misuari was in the PDEA custody, all the eight persons named above took part in assaulting and torturing him. One of whom, S12 Parama, struck his feet hard with a baby armalite when he refused to kneel beside the planted evidence so as photographs of him beside the supposed evidence could be taken. When Misuari was examined by Ma. Antoinetta Odi, a government physician on May 18, 2010, she had indicated in the medical certificate that he suffered contusions.
I am deeply concerned by the irregularities and unlawful acts that the PDEA officers had committed in taking custody of the victim. I therefore urges for the immediate and unconditional release of the victim on the following reasons:
Firstly, the PDEA officers breached section 5, Rule 113 of the Revised Rules of Criminal Procedure. When they took the victim in their custody, he was not in the act of committing, about to commit or had committed a crime, which could have justified arresting him without arrest order and the subsequent filing of charges in court. The PDEA officers also did not explain to him of his right to remain silent when he was taken–which is a breach of the fundamental principle of the ‘Miranda Doctrine’; and they did not explain the reason why they are taking him and nature of the charges on him.
Also, the charges of illegal drugs laid on him had only come out after the PDEA officers assaulted and tortured him while in their custody. They tortured him to force him to admit he was an illegal drugs seller and forced him to pose beside the illegal drugs and money that they had planted on him when they took photographs of him as part of their evidence.
Secondly, under the Anti-Torture Act of 2009, any evidence taken by way of torture cannot be used in any court proceedings. Thus, the evidence obtained from the victim in this case–testimony or otherwise–should have not been used in the prosecution of illegal drugs against the victim. Therefore, the victim should have not been charged and continuously held in detention because of the patent irregularities in the case.
I also urge you to initiate an investigation on the victim’s allegations of torture under the Anti-Torture Act of 2009.
The criminal complaint of the victim against the PDEA officers filed on June 2, 2010 for Physical Injuries under the Revised Penal Code (RPC) and for Planting of Evidence under article 1, section 3, (cc) of the Comprehensive Dangerous Drugs Act of 2002 before the City Prosecutor’s Office (CPO) should also be resolved immediately.
I trust that you take action on this case.
—————
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: rep_lapr@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: ruth_cossid@yahoo.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
5. Mr. Emilio Gonzalez
Deputy Ombudsman
Office of the Deputy Ombudsman for the Military
and Other Law Enforcement Offices
3rd Floor, Ombudsman Bldg., Agham Road, Diliman
1104 Quezon City
PHILIPPINES
Fax: +63 2 926 8747
Tel: +63 2 926 9032
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
