PHILIPPINES: Torture and forcible disappearance of a man in Batangas, Luzon 

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you about the forcible disappearance of Francis Noel Desacula (35) in Batangas, Luzon on 9 January 2006. Desacula was last seen on January 16 reportedly with elements of the Philippine Air Force (PAF) in Laurel, Batangas onboard their service vehicle, days after he lost contact with his wife Ana.

According to Ana she noticed that during their conversations, which took place from January 9 to 11, her husband seemed to be in pain and may have been hiding something from her when he spoke. She lost contact with him after January 11. Ana went searching for him accompanied by a local human rights group. When they went to the Philippine Air Force Camp in Palico Nasugbu, Batangas to inquire into his whereabouts they were harassed by the military and subsequently forced to leave.

Your immediate intervention is required to request the relevant authorities to exhaust all means to locate Desacula. The military men involved, in particular the element of the Philippine Air Force (PAF) should be investigated to answer allegations against them. An inquiry into the alleged harassment made against the victim’s wife Ana and her companions must also be conducted, and if the allegations are found to be true, appropriate charges must be laid against them.

Finally, please request the Philippine government, in particular the members of the Senate and the House of Representatives to consider as priority the enactment of the proposed Act Defining and Penalizing the Crime of Enforced or Involuntary Disappearance (House Bill 1556). The enactment of this bill would be a step towards ensuring protection and remedy to the victims of disappearance.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: Francis Noel Desacula (35), married with five children, a resident of Baragay (village) Quizumbing, Calaca, Batangas, Luzon. He was formerly a labour activist at the time he worked in Metro Manila. He was deeply involved in supporting to the struggle of peasants in his town.
Alleged perpetrators: About 30 elements of the Philippine Air Force attached to the 730th Combat Group of Philippine Air Force
Date and place of incident: From 9 January 2006 to present. He was last seen on January 16 together with the alleged perpetrators.

Case details:

On 9 January 2006, between 3 and 4pm, elements of the 730th Combat Group of Philippine Air Force set up a checkpoint in Barangay (village) Malinis, Lemery, Batangas. Thirty of their personnel were conducting inspections along the high way. At the time, Francis Noel Desacula was on his way home passing the same highway. It is believed that he may have been taken by the air force and military personnel who were conducting the operation.

Desacula’s wife Ana expected him to return home that day but he failed to do so. Instead he briefly spoke to his wife on his mobile phone and told her:  “Yes, I will go home, if I will finish my work” but he did not mention his whereabouts.

On January 10, at 7:30am Desacula again called Ana using a different mobile phone number. When asked by his wife why he was not using his own phone number he said: “it was SIM blocked”. Ana asked him if he was okay and when would he come home. He promised Ana to come home and told her that: “don’t get mad, I will go home just stay there and wait for me”. But still he has not come home.

On January 11, at 2:30pm when Ana called her husband with his new number to inquire as to why he had failed to return home, it took awhile before the mobile phone was answered. While speaking to her husband, Ana noticed her husband’s voice was sounding as if he was suffering from pain and she overheard voices around him. Not long into the conversation Desacula hung up, which he normally does not do. He only told his wife that he was fine and promised to come home. When Ana tried calling him back, the phone had been turned off.

On January 12, Ana sought help from the Alliance for the Advancement of Peoples Rights (KARAPATAN-Batangas Chapter) to locate her husband. They sought help from local officials and went to different military camps for days hoping they could find Desacula but have failed. On January 18 they were harassed by the military when they went to the Air Force Camp in Palico Nasugbu, Batangas. Two personnel wearing bonnets attached to the 730th Combat Group, Philippine Air Force (CGPAF) labeled them as supporters of communist rebels when they tried to inquire into Desacula’s whereabouts. Ana and her companions were forced to leave without receiving any information.

On January 19, one of military attached to the 730th Combat Group, Philippine Air Force (CGPAF) informed a leader of the KARAPATAN by text message that their commanding officer, Colonel Ruben Carandang, had signed a statement denying that they were holding Desacula inside their camp.

According to a fact finding report, the residents of Navotas, Balayan reported seeing Desacula on January 15. He was tied and being used by military as a shield in their operations. Additionally, on January 16 he was seen by residents in Laurel Batangas onboard a military truck with elements of the Philippine Air Force.

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SUGGESTED ACTION:

Please send letters to the relevant agencies listed below requesting for an impartial and independent investigation into the disappearance of Francis Noel Desacula. The authorities concerned must exhaust all means by closely cooperating with the victim’s family to locate him. The military men involved and the elements of the Philippine Air Force attached to the 730th Combat Group must also be investigated to answer the allegations against them.

 

 

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