Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you about the alleged illegal arrest and torture of a farmer in Quezon. On 4 April 2006, Mr. Fernando Tawagon was allegedly arrested without warrant by the Army’s 76th Infantry Battalion in Barangay (village) Biga, Gumaca, Quezon. He was alleged to be a member of New People’s Army (NPA) and now charged with rebellion (Criminal Case No. 7897-G). During his arrest and detention, he was reportedly tortured.
CASE DEAILS:
According to information from Task Force Detainnes of the Philippines (TFDP), at around 10:00am on 4 April 2006, 12 army soldiers visited the house of Mr. Fernando Tawagon in Barangay (village) Biga, Gumaca, Quezon city, the Philippines. He was with his friend Leody Andal and certain Eduardo. Tagawon was arranging a cart while the soldiers asked him and his friends several questions about the NPA presence in the area. Tagawon then went to the farm to collect coconuts.
At around 1:30p.m., Tawagon came back to the house for another cart to collect the coconuts. The soldiers came back again and asked him whether he saw a compass they lost, a solider later told him that the compass was found. Tawagon then left the house for work.
However, he noticed the same group of soldiers was trailing him after he left the house; they also shouted at him to keep on walking towards the woods. Tawagon finally got closed to an area where another group of soldiers were waiting. The soldiers then ordered him to stop and asked him if he had seen NPA rebels in the area. Tawagon said he knew nothing about the presence of NPA, but the soldiers accused him of covering up the NPA rebels. After interrogation, the soldiers told Tawagon to stay with them.
Another group of soldiers arrived at 5:00p.m., and one of them suddenly pointed his gun at Tawagon, punched and kicked him in different parts of his body. Another three soldiers joined. When the soldiers got tired, they tied his wrists behind his back with a rope, and blindfolded him with a worn out sock and handkerchief. He was then allegedly brought to the Army’s 76th IB camp in Barangay (village) Villa Principe, Gumaca, Quezon.
On April 6, Tawagon was brought to the Bureau of Jail Management and Penology (BJMP)- Gumaca, Quezon, where he was further tortured. He was allegedly blindfolded, his wrists were tied behind his back, and his head was covered with cloth. He asked his captors to untie the rope on his wrists, but instead a police officer approached him, threw a handcuff on him and beat him.
On the same day, the 76th IB soldiers allegedly brought Tawagon back to their camp in Barangay (village) Villa Principe in Gumaca, Quezon. Tawagon was then interrogated in a nipa hut with little ventilation, with his hands tied behind his back. Tawagon recalled that during his four months illegal detention in the camp, he was denied of sleep, and deprived of food and medicines.
Days before he was brought to the Regional Trial Court (RTC) Branch 61 in Gumaca, Quezon, Tagawon was allegedly forced to sign on a blank piece of paper purportedly to be used in clearing his records as NPA member when he was submitted to a medical check up at a nearby hospital. On 7 August 2006, Tawagon was brought to the Quezon Provincial Jail where he is still detained.
The AHRC is very concerned about the case. Regardless of whether Tawagon is a member of NPA or not, the arrest should be conducted according to procedure. He was arrested without warrant and was further tortured and illegally detained for months, which is a violation of art. III Sec. 12 (2) of the Philippine Constitution states that, “No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.” This is also a clear violation of the Philippine government’s international responsibility under the International Covenant on Civil and Political Rights (ICCPR) and Convention against Torture (CAT) to which the Philippines is a state party.
SUGGESTED ACTION:
Please write letters to the following authorities, urging independent and impartial investigations to claim of illegal arrest and torture of Tawagon. If the allegations are proven, the victim should be released immediately, and perpetrators should be identified and prosecuted accordingly. Compensation should also be provided to the victim and his family. Tawagon should also be provided with sufficient food and medical care, to ensure his health in detention.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
PHILIPPINES: Alleged illegal arrest, detention and torture of a farmer in Quezon
Name of victim: Mr. Fernando Tawagon, resident of Barangay (village) Biga, Gumaca, Quezon
Alleged perpetrators: Members of 76th Infantry Battalion in Barangay (village) Villa Principe, Gumaca, Quezon
Period of incident: from 4 April 2006 to date
Victim currently detained at: Quezon Provincial Jail
I am writing to express my concert about the alleged illegal arrest and torture of Mr. Fernando Tawagon, a farmer in Quezon. On 4 April 2006, he was arrested without warrant by the Army’s 76th Infantry Battalion in Barangay (village) Biga, Gumaca, Quezon. He was accused of being a member of New People’s Army (NPA) and now charged with rebellion (Criminal Case No. 7897-G). During his arrest and detention, he was reportedly tortured by soldiers and police.
According to information I have received, on 4 April 2006, Tawagon was arrested by 12 army soldiers who accused of covering up the NPA rebels. After interrogation, the soldiers told Tawagon to stay with them, and he was later tortured by 4 soldiers. One of them pointed his gun at Tawagon, punched and kicked him in different parts of his body. Another three soldiers also joined. They then tied his wrists behind his back with a rope, and blindfolded him with a worm out sock and handkerchief. He was then brought to the Army’s 76th IB camp in Barangay (village) Villa Principe, Gumaca, Quezon.
I was shocked that Twagon was further tortured in detention. On 6 April 2006, Tawagon was brought to the Bureau of Jail Mangement and Penology (BJMP)- Gumaca, Quezon. He was blindfolded, his wrists were tied behind his back, and his head was covered with cloth. He asked his captors to untie the rope on his wrists, but instead a police officer approached him, threw a handcuff on him and beat him. On the same day, the 76th IB soldiers then brought him back to their camp in Barangay (village) Villa Principe in Gumaca, Quezon. Tawagon was then interrogated in a nipa hut with little ventilation, with his hands tied behind his back. I am also concerned that he was illegally detained about four months in the army camp and during this time, he was denied of sleep, and deprived of food and medicines.
I am also informed that days before he was brought to the Regional Trial Court (RTC) Branch 61 in Gumaca, Quezon, Tagawon was allegedly forced to sign on a blank piece of paper purportedly to be used in clearing his records as NPA member when he was submitted to a medical check up at a nearby hospital. On 7 August 1006, Tawagon was brought to the Quezon Provincial Jail where he is still detained.
I am very concerned about the case. Regardless of whether Tawagon is a member of NPA or not, the arrest should be conducted according to procedure. He was arrested without warrant, further tortured and illegally detained the army camp for months, which is a violation of art. III Sec. 12 (2) of the Philippine Constitution states that, ” No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.” This is also a clear violation of the Philippine government’s international responsibility under the International Covenant on Civil and Political Rights (ICCPR) and Convention against Torture (CAT) to which the Philippines is a state party.
I therefore urge you to order an independent and impartial investigation into the case. If Tawagon’s allegations of illegal arrest, detention and torture are proven, he should be released immediately, and the alleged perpetrators should be identified and prosecuted accordingly. Compensation should also be provided to the victim and his family. Tawagon should also be provided with sufficient and medical care, to ensure his health in detention.
I trust that you take serious and effective action on this matter.
Yours sincerely,
———————–
PLEASE SEND YOUR LETTERS TO:
1. Ms. Gloria Macapagal-Arroyo
President of the Republic of the Philippines
Malacanang Palace,
JP Laurel St., San Miguel
Manila, Philippines
Fax: +63 2 742-1641 / 929-3968
E-mail: corres@op.gov.ph / opnet@ops.gov.ph
2. Dr. Purificacion Quisumbing
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Tel: +63 2 928 5655 / 926 6188
Fax: +63 2 929 0102
Email: drpvq@yahoo.com
3. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
Email: sechbp@infocom.com.ph
4. Mr. Orlando Casimiro
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
Tel: +632 926 9032
Fax: +63 2 926 8747
Email: omb1@ombudsman.gov.ph
5. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
6. Ms Leila Zerrougui
Chairperson
Working Group on arbitrary detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
