[NOTICE: The AHRC have developed a new automatic letter-sending system using the “button” below. However, in this appeal, we could not include e-mail addresses of some of the Philippine authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Philippine authorities are attached below with this appeal. Thank you.]
PHILIPPINES: Torture; Maltreatment of a child; arbitrary use of authority by village security force; attempt to cover-up the incident and exonerate the perpetrator; denial of an adequate medical treatment to the victim
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Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you that a 16-year-old boy, Don Bon Diego Ramos, was severely beaten by a village militia after arresting him in Barangay (village) Maybunga in Pasig City, Metro Manila at 12:00 midnight on 13 August 2006. Ramos was walking on his way home after watching a concert when the perpetrator, Cesar Zamora, repeatedly hit him with a club and forcibly dragged him towards a truck. Zamora, a member of the Barangay Security Force, and his companions and several policemen were at the time arresting and rounding up persons in the concert for public disturbance.
Zamora started beating Ramos when he resisted arrest and started to question as to why he was being arrested. When Ramos asked Zamora: “Bakit n’yo ako hinuhuli (Why are you arresting me?)” he was repeatedly beaten hard with a wooden club instead of receiving an explanation. Ramos suffered injuries to his chest, right thigh and stomach. Zamora also threatened Ramos by preparing firearm he was carrying if Ramos refused to come. Despite a heavy downpour they hurled Ramos into a truck that had no top cover.
It was not only Ramos that was forcibly arrested and taken towards the Barangay Hall at the time. At least eleven others, some of them are minors, were also taken for custody and questioned. It was reported later that they were arrested and taken for questioning due a complaint by residents because of the loud noise the concert was causing. The village militia said that the concert Ramos and others had watched to had no permit. They threaten to charged Ramos and others for public alarm and scandal and for violating the village curfew. However, were later released after almost five hours in custody.
Although some of those arrested were minors, the village militia did not properly inform their parents that they were holding them in custody. They also failed to either provide medical treatment or take Ramos anywhere for his injuries. While in their custody, they would not even provide ice cubes or alcohol as first aid treatment for the victims. Not only did the village militias and policemen assault Ramos, but also an unnamed teen that protested about the mishandling of his friends when they were arrested was also slapped hard. The policemen were heavily armed when they arrested the teens.
Ramos and his companions were released at 5:00 a.m. that day and Ramos then proceeded to a public hospital where he had his injuries examined. The next day, August 14, he was accompanied by his mother, Maria Ellenor Magdaraog, to make a complaint at the Barangay (village) Hall. But the village officials instead, in particular Christopher Tillo, who heads the Peace and Order Committee and was supervising the operation of the militias, allegedly attempted to exonerate Zamora of the incident. Tillo defended Zamora claiming that it was the policemen who had beaten Ramos. Zamora is Tillo’s subordinate as a member of the security force. They also insisted that it was Ramos who started assaulting his men and among those who made trouble prompting his men to arrest him.
A village militia is not supposed to be armed unless they were able to secure permits to carry weapons. When asked who owned the firearm Zamora’s used in threatening the victim, Zamora denied owning it and reasoned out it was lent to him by the police. In these circumstances Zamora was therefore not legally allowed to carry a firearm but he was apparently able to at the time of the incident. It is alleged that Tillo also attempted to cover and defend his men by arguing his men were allowed to carry firearms. However, he was unable to produce permits for support his claims.
On August 14, Magdaraog and her son went to the children and women’s desk at the Pasig City Police to report the incident and to file formal charges against the perpetrator. They were advised that Ramos could execute his complaint-affidavit once he obtains the result of his medical examination, which is due on August 18. Police then Zamora invited at the police station for questioning and Tillo accompanied him. It is reported that Tillo allegedly threatened to file counter charges against Ramos and his companions should he decide to file charges against Zamora. Tillo and Zamora suggested that the case should be amicably settled instead.
It is learned that Tillo’s men had been accused of repeatedly arbitrarily using their authority when making arrests and taking custody of persons accused of committing offenses. The group had already allegedly victimized a number of victims in the past that opted not to file formal charges against them once they were released. At the time Ramos and his companions were in their custody, another person who was arrested in a separate incident was seen being threatened and intimidated by Tillo who was questioning him. Tillo and his peers too showed arrogance when somebody made questions regarding their handling of the arrestees.
SUGGESTED ACTION:
Please write letters to the concern agencies requesting them to have the case properly investigated. The complainant must also be afforded with legal counsel should they decide to pursue in filing charges against the perpetrator. The victim must be afforded with adequate treatment to his injuries. The village officials must also consider imposing suspension if not dismissal on the perpetrator from his duties if there is sufficient evidence.
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SAMPLE LETTER
Dear _________,
PHILIPPINES: Torture of a 16-year-old boy by a village militia during arrest
Name of the victim: Don Bon Diego Ramos (16), a resident of No. 3 Mamerto District, Rosario, Pasig City, Metro Manila
Alleged perpetrator: Cesar Zamora, a member of Barangay (Village) Security Force, a village militia organised by the Barangay government of Maybunga, Pasig City
Place of incident: Barangay Mabunga, Pasig City
Date of incident: 14 August 2006 at past 12mn
It has come to my attention that a 16-year-old boy, Don Bon Diego Ramos, suffered injuries to his body after he was allegedly severely beaten after a village militia arrested him on 14 August 2006 in Barangay Maybunga, Pasig City. It was Cesar Zamora, a member of the Barangay Security Force, who allegedly hit Ramos with a club to his chest, right thigh and stomach. Zamora reportedly started hitting Ramos when he resisted and protested as to why he was being arrested. Instead of properly explaining to the boy, Zamora repeatedly hit him hard with a club. Zamora likewise cocked the firearm he was carrying and pointed it at the boy.
I have also learned that while Ramos was at the time held for questioning and in custody of the village militias, he had not been given first-aid treatment nor taken to a hospital for proper medical attention for his injuries. The boy's mother, Maria Ellenor Magdaraog, too was not properly informed that they have arrested him and were holding him in custody. I have also learned that not only Ramos was arrested and briefly taken in custody at the time, but there were also eleven other persons, some of them are minors.
According to the information I have received, Ramos and his companions were arrested and briefly held for causing public disturbance and scandal and for violating the curfew. While I acknowledge the duties of the village officials of maintaining peace and order and enforce existing ordinances of the village, I am extremely disappointed by the manner in which the village militias are effecting arrests, in particular in dealing with minors. Whether or not Ramos and his companions committed an offense, in no circumstance is excessive use of force, threats and intimidation a justifiable act. You are aware that such an act is a violation of the Republic Act (RA) 7610, which stipulates protection of a child from any forms of abuses.
The inability of the village militias and the officials to properly inform the parents of those minors upon their arrest is totally unacceptable. There is an existing and appropriate handling for minor offenders, which was completely ignored in this case. You are aware that minor offenders can never and will not be treated as ordinary criminals. Therefore, any arrests made, to invite minor offender for questioning, and to hold them in custody, must be in accordance with these existing guidelines. I strongly reject the manner by which the village militias and officials in Barangay Maybunga, Pasig City is dealing with minor offenders.
I therefore urged you to ensure that the complaints by the victim and his mother are properly investigated. Immediate and appropriate sanctions must also be imposed upon Zamora once the investigation commences. Or, if necessary dismiss him from his duties if the evidence is sufficient to establish a strong guilt on his part. Any officials of the village who make attempt to exonerate the perpetrator involved or cover-up the incident must likewise be dealt with accordingly. Reports of Zamora allegedly having in possession a long firearm and the alleged tolerance of the village officials on this must also be looked into. If it is found that Zamora or any members of the village militia had no permits to carry firearms, they must be charged accordingly and disarmed immediately.
Finally, I urged you to ensure that should the victim and his mother file formal complaints in court against the perpetrator, they must be afforded with adequate legal counsel and assistance. I have learned that one of the complainant's concerns should they decide to file charges is their lack of financial capabilities to hire lawyers or support legal litigation. The Department of Social Welfare and Development (DSWD) must likewise ensure that appropriate treatment and medical attention is afforded to the victim. Should the DSWD find the victim requires other assistance aside from medication, they must to do so with urgency.
I trust that you will take immediate action in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Ms. 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
2. Mrs. Persida V. Rueda-Acosta
Chief, Public Attorney Office (PAO)
DOJ Agencies Building,
NIA Road East Avenue
1104 Quezon City
PHILIPPINES
Tel. No. +63 2 929 9010 / 9436
Fax No. +63 2 927 6810 / 926 2878
Email: chiefacosta@edsamail.com.ph
3. Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763
Email: pcrg@pnp.gov.ph or ias@pnp.gov.ph
4. Mr. Ronaldo V. Puno
Secretary
Department of Interior and Local Government (DILG)
A. Francisco Gold Condominium II
EDSA cor. Mapagmahal St., Diliman
Quezon City
PHILIPPINES
Voice: +63 2 925 0330 / 31
Fax: +63 2 925 0332
Email: rvpuno@dilg.gov.ph
5. Mrs. Esperanza I. Cabral
Secretary
Department of Social Welfare and Development
3/F DSWD Building, Batasang Pambansa Complex,
Constitution Hills
Quezon City
PHILIPPINES
Tel: +63 2 931-7916 / 931-8068
Fax: +63 2 931 8191
6. Mr. Emeritu Cruz
Barangay Chairman
Barangay Hall, Maybunga,
Pasig City, Metro Manila
PHILIPPINES
Tel: +63 2 642 8645
7. Professor 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 9179016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
E-mail: ssyed@ohchr.org
8. Mr. Jacob Egbert Doek
Chairperson
Committee on the Rights of the Child
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9022 (ATTN: COMMITTEE ON THE RIGHTS OF THE CHILD)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
