PHILIPPINES: Investigation required into the torture of two men by military in General Santos City, Mindanao 

Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that two men, namely Michael Bautista (22) and Benjamin Agustines (19), both laborers and residents of Dagohoy Paradise, Barangay Dadiangas North, General Santos City, Mindanao, were severely beaten allegedly by a member of the Joint Task Force GenSan (JTFG), a military contingent assigned in the city. It was reported that one of the victims, Bautista, suffered cuts on the head after he fell onto a cemented road after being repeatedly beaten by the perpetrator.

When the two victims were taken into a military detachment at the National highway in Barangay Apopong, General Santos City purposely for custody, two unnamed companions of the perpetrator did not even intervene to prevent their fellow soldier, who at the time was torturing the victims. The victims were then taken to Makar and San Isidro police stations, both in General Santos City, where they were briefly detained without charge. Although the police authorities are aware of the incident, no investigations have been conducted to identify and prosecute the alleged perpetrator and his accomplices. Also, no legal assistance has been afforded to the two victims although they express interest in pursuing the matter. It was also reported that the no medical assistance was afforded to the victims, in particular to Bautista, who could not even afford to pay P80 (USD 1.5) to claim the result of his medical examination from a public hospital.

This is yet another incident of abuse committed by elements of the JTFG in General Santos. Although several incidents have already been reported, most of the victims opted either not to pursue charges against them out of fear or settle the case amicably.

We urge your strong intervention by asking the General Santos City Police Office (GSCPO), in particular its Criminal and Investigation Branch (CIB) to initiate an investigation to identify and prosecute the perpetrators without delay. It must afford legal assistance to the victims in pursuing charges in court. The Commission on Human Rights (CHR XII) based in General Santos City and the local police office must initiate an inquiry into the inaction by members of the local police to investigate the allegations of torture despite being aware of the incident.

With the continued practice of torture in the Philippines and the absence of a domestic law that could punish perpetrators of torture, we urge you to appeal to members of the Philippine Congress and the Philippine government to consider as a priority the immediate passage of the proposed law against torture, House Bill 4307.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victims: Michael Bautista (22) and Benjamin Agustines (19), both residents of Dagohoy Paradise, Barangay Dadiangas North, General Santos City, Mindanao. They are laborers at a public terminal.
Date and place of incident: 31 October 2005, at around 2:00 a.m. along the national highway in Barangay Dadiangas North, General Santos City
Alleged perpetrators: Elements of the Joint Task Force GenSan (JTFG) attached to a checkpoint at the national highway in Barangay Apopong.

Case details:

On 31 October 2005 at around 2:00 a.m., Michael Bautista and Benjamin Agustines were on their way home after sending off a woman in Johnny Ang Paradise, Barangay Dadiangas North, General Santos City, when several men appeared to be drunk blocked their way.

It was reported that one of those men blocking them was an unnamed member of the Joint Task Force GenSan (JTFG). The said soldier, who reportedly appeared to be drunk, was in the area to settle a dispute between the Bautista’s group and their rivals. Both Bautista and their rivals were drunk at the time of incident.

One of Bautista’s rivals, identified as Arvin Macunan, suddenly stabbed him with a knife hitting his right finger. A scuffle ensued between the two rival groups. At this time, the soldier took turns of repeatedly beating Bautista and Agustines. Bautista was kicked, beaten and punched on the face, chest and different parts of his body. Even though Bautista was already lying on a cemented road with his head bleeding, the soldier continued to torture him. Bautista’s companion, Agustines, was also kicked, punched and beaten in different parts of his body by the same soldier.

A few minutes later, Bautista, Agustines and their rivals were taken to a military checkpoint at the national highway in Barangay Apopong. While in the military’s custody, it was reported that Bautista and Agustines were again punched in the stomach. Although there were two soldiers present inside the checkpoint, they reportedly did not intervene to prevent their fellow soldier from torturing the victims. The two victims were instead taken to Makar Police Station.

Although police records at the Makar police station shows that the perpetrators are members of the Joint Task Force GenSan (JTFG) as registered in their blotter book, no further actions were taken to investigate the allegations of torture against the soldier. Bautista and Agustines were instead taken to another police station, the San Isidro Police Station, where they were detained for several hours without charge.

After they were released, Bautista proceeded to the General Santos City Hospital (GSCH), a government hospital, where he underwent medical examination. The medical result, however, has yet to be claimed by Bautista because he has no money to pay the p80 (USD 1.5) fee. It also reported that although Bautista has expressed interest in pursuing charges against the soldiers, no legal assistance from the local police investigators was afforded to him. He also received no medical assistance.

 

 

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