PHILIPPINES: Soldiers torture a man and set him on fire

Dear friends, 

The Asian Human Rights Commission (AHRC) writes to inform you that the soldiers tortured a member of an indigenous minority whom they falsely accused of being a member of an illegal armed group and set him on fire after pouring gasoline on him. The victim was tortured to force him to admit he was part of a group involved in kidnap-for-ransom. 

CASE DETAILS: (Based on the documentation of Task Force Detainees of the Philippines (TFDP) – Mindanao and the Mindanao People’s Caucus (MPC)) 

On July 23, 2011 at 5:30am, Abdul-Khan Balinting Ajid, a native of a Yakan tribe, was forcibly taken by soldiers from his home in Barangay (village) Libug, Sumisip, Basilan in front of his children. The soldiers were attached to the Special Operation Task Force Basilan (SOTF-B) of the 39th Scout Rangers under the command of Colonel Alexander Macario. 

Around midnight of July 22, Ajid’s wife, Noraisa Imban Induh, noticed that there were some persons observing them from outside their house. While Ajid was preparing dough for his bread at around 4:30am that day, somebody kicked open their door after throwing rocks at their house. A group of soldiers in camouflage fatigues had entered their house. 

The soldiers ordered Ajid to lie face down. They then stamped on his back and tied his hands behind his back using a plastic straw. A newspaper later reported the names of some of the soldiers as Captain Sherwin Guidangen, Staff Sergeant Elmer Magdaraog, Sergeant Edgardo Santos and Sergeant George Awing 

Two of Ajid’s children, who were present during the incident, fainted due to fear when they saw the soldiers carrying firearms. The soldiers destroyed their belongings when they illegally searched their house. They asked Noraisa, Ajid’s wife, if they had a gun in their possession to which she replied that they did not. After searching the house the soldiers then grabbed Ajid, whom they left laying face down on the floor, and dragged him out of the house where he was made to walk towards an approaching six-by-six truck. They took the victim for investigation. 

Ajid narrated that he was first brought to Magdal place where they stayed for 15 minutes, then to Tipo-tipo, Basilan and finally to the military brigade. He was blindfolded throughout their travel but he managed to see a little bit so he was able to recognize the places where he was brought to. Ajid said when they reached the military camp he was brought to the waiting shed area. He said he was not given any food. A person arrived and interrogated him. He was asked if he is a member of Abu Sayyaf group, which he denied. He was asked if he knew any Abu Sayyaf members and every time he denied he was paddled using a piece of wood on his back, stomach and shoulders. He was also kicked about the head. 

In the evening of July 24, the soldiers started interrogating Ajid asking him he is in possession of two guns which he denied. Here, they started beating him again. They repeatedly punched and kicked him hitting different parts of his body but particularly his chest. They inserted the neck of a bottle into his anus four times every after beating him. 

On July 26, 2011, Ajid was taken to the Office of the Prosecutor of the Department of Justice (DoJ) in Zamboanga City. The prosecutor asked Ajid incriminating questions even though there was no criminal complaint filed on his name. The soldiers who took him to the prosecutor’s office did not subject him to inquest proceedings. 

When they left the prosecutor’s office, Ajid fell to the ground when he was kicked in the stomach by his custodians, who said that Juhaydi and Ajid’s son is one person. At 3pm, the victim was taken somewhere in Zamboanga town were his custodians had a drink before going back to Basilan on a speed boat. His blindfold was removed throughout their travel. When they arrived in Basilan port, Ajid was again blindfolded, his head was covered and his wrists were also handcuffed. 

At 8pm that day, Ajid was again interrogated at the military brigade. Here, one of those taking him in custody told him: “You are lying. You are a member of Abu Sayaff”. They submerged Ajid into a drum filled with water upside down and once again inserted a bottle in his anus. 

Ajid, who was wearing only jeans at that time, was set on fire on three occasions after his torturers poured gasoline on his head down to his lower abdomen. He could not remember how the flame went out. After setting him on fire, he was told: “Hanggang dito nalang buhay mo” (your life ends here). They also burnt his right foot with a lit cigarette. 

On July 27 they changed the Ajid’s dress. They give him pants, shirt and fed him. The whole morning he slept and was very weak. 

After his wife, Noraisa, filed a petition for Writ of Habeas Corpus, at 2pm a court sheriff served an order, issued by Judge Leo T. Principe of the Regional Trial Court (RTC), Branch I in Basilan, requiring the military brigade in Tabiawan, Isabela City, Basilan to produce the victim in court. 

At 3pm, Ajid was produced before the RTC of Basilan, Branch 1, Isabela City. At the court the Ajid’s family saw that he was visibly injured and that his skin was burnt. 

However, on the same day as well, Judge Principe illegally issued a remand order for Ajid to be transferred to the provincial jail in Isabela City, Basilan for detention. There were no criminal charges filed on Ajid and no arrest order in his name in which the soldiers claimed the basis for his arrest. But the judge nevertheless ordered to remand him pending the determination by the court of the legality of his arrest said to be pursuant to the alias warrant issued by the Branch II of the RTC of Basilan. 

In the evening, Ajid was taken to Basilan Community Hospital, Inc. for treatment. On July 30, 2011, Dr. Jheimar B. Francisco, M.D., the physician who examined Ajid, issued his initial medical diagnosis. In his diagnosis he found that the victim had suffered burns to his face, neck, lower abdomen, thighs and right shoulder. 

On July 31, 2011, lawyer Raissa Jajurie, the victim’s legal counsel, filed a motion for the transfer of the victim’s confinement from Basilan to the Zamboanga Medical Center in Zamboanga City for further medication. The court granted the petition. 

ADDITIONAL COMMENTS:

It was questionable for Judge Leo T. Principe of RTC Branch 1 of Isabela city, Basilan to issue a remand order on the victim because there was no case filed against him in his court. Judge Principe, who was apparently aware of the physical condition of the victim, should have ordered the immediate confinement of the victim to the hospital but did not do so. 

The actions taken by the prosecutor in Zamboanga City, who asked incriminating questions on the victim, was also questionable because the victim’s presence there was not an inquest proceeding. There was no criminal case filed in his name. In the event of warrantless arrest, the victim should be taken to the prosecutor’s office for inquest to determine whether or not there was a probable cause in pursuing criminal action; however, in this case, when the victim was presented no complaint was filed on him.

SUGGESTED ACTION:

Please write letters to the concerned authorities below requesting for their appropriate intervention in this case. 

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. 

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