PHILIPPINES: Brutal torture of a 25-year-old man over mistaken identity in General Santos City, Mindanao

Dear friends,

The Asian Human Rights Commission has received information from a reliable source regarding the brutal torture of an innocent man, Haron Abubakar Buisan (25), following his arrest over mistaken identity on 12 December 2005 in General Santos City, Mindanao. While in police custody, Buisan was repeatedly kicked, beaten all over his body with stone and detained at the General Santos City Police Office (GSCPO) headquarters for three days without charges.

According the information received, the police insist that Buisan and Ariel Bansalao, a person who is wanted for robbery charges, is the same person. This, however, was completely denied by the victim’s family. The victim was allegedly tortured into admitting he is Ariel Bansalao. It is also reported that the police’ witness against him is not physically fit and could not even speak. There are also attempts by the police authorities to hush-up the allegations of torture.

There is no transparency among the local police authorities and the court. Although the police claimed that Buisan have had his medical examination, the victim’s family was refuse a copy of the result. The family’s petition before the Regional Trial Court (RTC) Branch 36 in General Santos City to have him examined by a private physician was also denied. The court is also reluctant to provide court documents on the victim’s case to his family and the human rights group helping him.

Your immediate intervention is required to ensure that an independent and impartial investigation is conducted in this case. There should be an independent body to look into the irregularities of the arrest and complaint of torture. Charges against the victim must be dropped and released immediately if confession is obtained by way of torture. The policemen involved must be placed under investigation and that sanctions must be imposed upon them once the investigation commences.

Finally, we call upon you to pressure the Philippine Government, in particular the House of Representatives and the Senate, to consider with priority and enact without delay the proposed law to criminalise torture, House Bill 4307 – an Act penalising the commission of acts of torture. The Government’s obligation under the U.N. Convention against Torture to legislate domestic laws on torture is long overdue.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: Haron Abubakar Buisan (25), living in Purok Darusalam, Barangay Bawing, General Santos City. He works as a motorcycle driver. He is presently detained at the General Santos City Reformatory Center (GSCRC).
Date and place of incident: 12 December 2005 along the highway in Barangay (village) Bawing, General Santos City
Alleged perpetrators: Special Weapons and Army Tactics (Swat) team and several policemen attached to the General Santos City Police Office (GSCPO)

Case details:

On 12 December 2005, at around 6pm Haron Abubakar Buisan was riding on a motorcycle together with three other persons when policemen attached to the General Santos City Police Office (GSCPO) reportedly intercepted and subsequently arrested them. They were on their way to General Santos City from a nearby town, Maasim, Sarangani when the incident took place.

The policemen, some in plain clothes while others wearing black jackets with prints of SWAT (Special Weapons and Army Tactics) on it, took the four men to their headquarters on their service vehicle. At the time of arrest, the police did not present any warrant of arrest to Buisan and his companions. They were likewise not informed of the charges against them. It is said that Buisan was brutally tortured while on their way to the headquarters. He was repeatedly kicked and severely beaten all over his body and face with a stone.

Upon reaching the police headquarters, the police later released Buisan’s three companions without charges while Buisan was retained in custody. He was detained for three days without any charges at the Camp Fermin G. Lira – the police headquarter. He was allegedly tortured to force him into admitting that he is Ariel Bansalao, a man wanted for robbery. Buisan was later transferred to the Pendatun Police Station and later remanded to the General Santos City Reformatory Center (GSCRC) after a petition of habeas corpus was filed in court by his family.

On December 23, the petition for habeas corpus was heard. Judge Isaac Alvero Moran of the Regional Trial Court (RTC) Branch 36 reportedly denied the petition and pushed through with the filing of robbery charges and illegal possession of firearms against Buisan – in connection with a bus robbery in Barangay Katangawan, General Santos City in December 2004. The victim’s family, however, completely denied his involvement claiming it is a case of mistaken identity.

According to the source, during the hearing of habeas corpus, GSCPO director Senior Superintendent Alfredo Toroctocon and Judge Moran were seen together with the witness against Buisan. It is said that the court may have acted on filing the charges against Buisan based on the witness’ facial gestures, which was unclear whether it implies his involvement to the crime or not. The witness is reported to have previously suffered from a state of coma. He is said to be physically unfit and could not speak.

The victim’s family has again filed another petition to have Buisan examined by an independent and private physician before RTC Branch 36 which was denied. Although the police claimed that Buisan have already been examined by physician they have refused to furnish the result to his family. Thus, suspicions are growing that the victim may have not been examined by doctors while in police custody or before he was remanded to the GSCRC. The police authorities also refused to turn over Buisan’s motorcycle, bearing license plate number MK 4266, even though the confiscation is not connected with the charges he is facing.

ADDITIONAL INFORMATION:

The GSCPO had previous record of torturing suspects and detainees while being investigated and in their custody. In 24 April 2002, three persons namely Jejhon Macalinsal, Aron Salah and Abubakar Amilhasan were illegally arrested, detained and tortured by the policemen attached to their office (see our previous appeals on this case: UA-74-2005).

Following the AHRC’s appeals, the Department of Justice (DoJ) has recently acknowledged the three victims’ complaint (please see: UP-150-2005). In a letter dated 7 December 2005 received by the AHRC, Ms Persida Rueda-Acosta, Chief Public Attorney, has notified its District Public Attorney in General Santos City, Yolanda Ogena, to conduct an investigation and submit a report on the matter. Ogena is yet to comply with the directive.

The AHRC has also raised serious concerns regarding the prison condition where Buisan is presently detained. It is reported that the General Santos City Reformatory Center (GSCRC) have poor medical services and facilities. The AHRC recently reported the suspicious death of an 18-year-old inmate, Arthur Esquelona and two others, who are believed died due to illnesses (please see: UA-242-2005). These cases have not been investigated thoroughly.

SUGGESTED ACTION:

Please send letters to the persons and addresses below and raise your concern regarding Haron Abubakar Buisan’s case. An impartial investigation into this case must be conducted. Appropriate charges must be filed against the policemen involved if the allegations are found to be true. Charges against Buisan must be dropped if evidence against him is obtained by way of torture.

 

 

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