Dear friends,
The Asian Human Rights Commission (AHRC) deeply regrets to inform you that the whereabouts of a labour leader, Jaime Rosios (a.k.a. Jimmy), remains unknown following his abduction and subsequent disappearance on 11 August 2007. His abduction took place after he was falsely charged by the police for the August 3 bombing of their company’s bus they blamed motivated by a labour dispute. The bomb attack killed one and injured eleven other persons. Under the newly enacted law, the Human Security Act of 2007, killing and destruction resulting from bombing has already been considered an “act of terrorism”
CASE DETAILS: (According to information received from Task Force Detainees of the Philippines (TFDP-Mindanao))
At around 6:45pm on August 11, three unidentified armed men riding on a utility vehicle, Toyota Tamaraw FX without license plate number, forcibly abducted labour leader Jaime Rosios shortly after leaving from their bus company’s garage in Koronadal City. He had been working at the Yellow Bus Line (YBL) as a mechanic. The abductors were seen speeding towards nearby General Santos City taking Rosios with them.
On August 7 at 9:00 p.m. Rosios’ fellow worker, Alex Magbanua, a janitor of the same company, was forcibly taken by the police from his workplace. The police claimed he has made an extrajudicial confession implicating Rosios and other persons to the bombing with the presence of a Public Attorney’s Office (PAO) lawyer. It is learned though that the lawyer provided to him was not of his own choice which should have been a requirement.
Magbanua’s confession was taken by Police Senior Inspector Juan Lanzadares of the Koronadal City Police Office (KCPO). However, it was used by the police in filing of charges against himself, Rosios and two fellow workers and also union members: Ibrahim Bacal and Jessie Rivas. The police insisted the bombing was motivated by the labour dispute with the management.
Two days before the incident, Bacal was summoned by the Philippine National Police’ (PNP) Regional Intelligence and Investigation Division (RIID 12) in General Santos City. He was asked by an unnamed police colonel to implicate Rosios to the August 3 bombing but he refused doing so. The bombing, which takes place inside the company’s terminal, killed Willie Boy Caritan, and injured 11 other persons. The explosion also destroyed and burned the bus.
The day after Rosios abduction, August 12, Bacal was once again summoned by the same police unit. He was asked to implicate Rosios to the bombing which he once again refused doing because he believe that Rosios was innocent and had nothing with the bombing. At the time, Rosios’ whereabouts was already unknown.
On August 13, the police filed a complaint against Rosios, Magbanua, Bacal and Rivas for violation of the newly enacted law, the Human Security Act of 2007 (RA 9372). They charged them for acts of terrorism. The police considers the August 3 bombing a violation of the said law, which defines acts of terrorism as: ‘sowing and creating a condition of widespread and extraordinary fear among the populace’ It was also shown in the documents filed with the prosecutor’s office.
In this case, violations under the Revised Penal Code (RPC); for instance, murder, multiple frustrated murder and destruction, has already been absorbed as an act of terrorism once the element of ‘widespread and extraordinary fear’ is supposedly present. The documents obtained from the court also disclosed they had been charged for ‘Murder with Multiple Frustrated Murder and Destructive Arson’
Rosios was a member of the Board of Trustees of the YBL employees union. He was also the chairperson for the union’s panel which negotiates with the management for the Collective Bargaining Agreement (CBA).
In the labour case they filed against their bus company with the National Labor Relation Commission (NLRC), they are either demanding or asking them to take action for: payment of their unpaid overtime, non-remittance of agency fee, illegal suspension of officers, massive illegal suspension of union members by the management and its intervention into the union’s affairs.
ADDITIONAL COMMENTS:
This is the first known case whereby the Human Security Act of 2007 has been used by the police in filing charges in court. It illustrates clearly how police could abuse their authority by falsely charging persons either by using extrajudicial confession as evidence or forcing persons to implicate suspects. It also suggest how tremendous the police’ power is on matters of investigation and filing of cases which is vulnerable to abuse. To establish whether or not the elements of ‘widespread and extraordinary fea’ is supposedly present on filing charges of acts of terror heavily depends on them.
The extrajudicial confessions should have been inadmissible. The victim should have legal counsel of his own choice giving him proper legal assistance when he was subjected to questioning or giving extrajudicial confession. It should have ensured that the confession he made under duress was not against his own will. Or, that he had been properly informed of his rights against self incrimination while he was under custodial investigation. This, however, did not did not take place in this case. Police investigators however proceeded in filing charges with the prosecutor’s office; one is base of extrajudicial confession.
In the Philippines, the police have had this routine practice of inviting or summoning persons on the pretext of questioning them without legal counsel. Once the person is summoned but refused to cooperate, the police rather conclude either the person could be guilty or involved in the case they are investigating rather than finding ways to effectively investigate it by not heavily depending on confessions. The refusal of one of the respondents, as in this case, results to being charged by the police.
Police also routinely do not introduced their selves to persons they summoned for investigation and questioning. Therefore, it is difficult for victims to identify who could be held liable for illegal acts in the process of investigation because the procedure an early stage is itself not transparent. It explains why the police officers and investigators involved in this case have not been identified. When they are asked for their identities, the police investigators routinely harass and treat those persons in their custody rudely. The idea that it is a right of the person under custodial investigation is almost nonexistent amongst the police.
SUGGESTED ACTION:
Please write letters to the authorities requesting that a credible and impartial investigation is conducted into the Jaime Rosios’ abduction and disappearance. They must exhaust all means to locate his whereabouts and ascertain his condition. It should also look into allegations that the charge file against him and his fellow workers is false and was based on an extrajudicial confession given to the police implicating them. The policemen involved in filing false charges and implicating the victim must also be investigated.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
PHILIPPINES: Plight of abducted labour leader falsely charged for acts of terror remains unknown
Name of disappeared victim: Jaime Rosios (a.k.a. Jimmy), 42 years old, a resident of Urbano, Barangay (village) Dadiangas heights, General Santos City. He was a member of the Board of Trustees of the YBL employees union. He had three children
Alleged perpetrators: Three unidentified armed men
Place of incident: Koronadal City, Mindanao
Date of incident: At around 6:45pm on 11 August 2007
I am writing to express my grave concern into the forcible abduction and subsequent disappearance of labour leader, Jaime Rosios (a.k.a. Jimmy). Rosios, employed as mechanic by the Yellow Bus Line, Inc (YBL), and an active labour leader in their employees union, had been forcibly abducted at around 6:45pm on 11 August 2007. His plight and whereabouts remains unknown following the incident.
Rosios had just come out from their company’s garage in Koronadal City when three unidentified armed men, riding on a utility van without license plate number, forcibly abducted him. They were last seen speeding towards the direction of nearby General Santos City. On August 7, Rosios’ fellow worker, Alex Magbanua, was forcibly taken by the police. He subsequently executed an extrajudicial confession to the police on August 10 implicating Rosios and two other union members, Ibrahim Bacal and Jessie Rivas, as responsible for the August 3 bombing. The bombing at the company’s bus killed one and wounded 11 other persons. It also damage bus due to explosion.
I have learned though that although the police provided a lawyer for Magbanua from the Public Attorney’s Office (PAO), it was not of his own choice thereby raising serious concerns his confession could have been made not of his own will and not voluntary. I am deeply concerned also over allegations that the police, instead of thoroughly investigating the bombing incident in order to identify the real perpetrators, have heavily focused on the labour dispute between the workers and their management they insist have motivated the attack in which there has not been adequate proof to prove this so far. The use of confessions in prosecuting this case that could have been involuntary is also a grave concern.
I have learned though the two days prior to this, Bacal had already been reportedly summoned by the Philippine National Police (PNP) Regional Intelligence and Investigation Division (RIID) questioning him on the bombing. He was also forced to implicate Rosios for the bomb attack. Even a day after Rosios’ abduction, Bacal was once again summoned forcing him to give in to their demands but refused doing so.
I have learned that the extrajudicial confession of Magbanua, which was made the same day Rosios was abducted, have instead been used in filing charges against himself, Rosios and his colleagues. They were charged for murder, multiple frustrated murder and destructive arson under the Human Security Act (RA 9372). I am gravely concerned by the manner the police have conducted its investigation in this case, and its subsequent filing of charges against the respondents with the prosecutor’s office.
If the allegations are true; that the police had made attempts to force Bacal to implicate Rosios prior to and after his abduction and that the filing of charges heavily depends on the confession made by Magbanua in pursuing the case, it is completely unacceptable. This would have repercussions to the respondents. To use confession that could have been involuntary as evidence in criminal trial is unconstitutional and unacceptable in all law jurisdictions, particularly when the person giving the confession is not given proper legal aid by legal counsel of his own choice or not informed of his right against self incrimination. Not only it increases the possibilities of wrongful prosecution, it also effectively exonerates the real perpetrators that should have been held accountable for the crime. Therefore, I urge you to commence a fresh, credible and impartial investigation into this case.
The serious allegations against the police for forcing Bacal to falsely implicate Rosios must also be investigated. Those involved must answer the allegations made against them. They must be properly identified, charged and imposed with sanctions once there are grounds of doing so. I urge you ensure these are adequately acted upon.
Additionally, the complaints filed by the police against the victim and his colleague must be withdrawn unconditionally if found there are no sufficient evidence to hold them for trial. I also urge the concerned authorities must to exhaust all means in locating Rosios whereabouts and that his condition must also be ascertained. As you are aware, the trauma his family had to continuously suffer particularly his three children, following his abduction is enormous. It requires effective and adequate government intervention. His family must also be actively involved by them in any action taken into his disappearance.
Lastly, I urge you use your authority to pressure the Philippine government into ratifying the International Convention for the Protection of All Persons from Enforced Disappearance. This is a requirement to ensure the possibilities of remedies and relief for the victims’ families and relatives not only in this case, but also those previously reported cases of enforced disappearance in the country.
I am gravely concerned by the continuing absence of remedies for the families of disappeared victims and their relatives. I am aware that for families and relatives to seek assistance from the police or authorities to locate their loved ones is extremely difficult, if not nonexistent. There is no law which requires them into doing so.
I trust that you will take prompt action in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mrs. Gloria Macapagal-Arroyo
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80
2. Mrs. 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. Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2 726 4361/4366/8763
Fax: +63 2724 8763
Email: bluetree73@gmail.com
4. Solicitor General Agnes Devanadera
Officer in Charge
Department of Justice (DoJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Tel. No.: +63 2 523 8481
Fax: +63 2 521 1614
Email: agnesdeva@yahoo.com
5. Mr. Emilio Gonzalez
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: +63 2 926 9032
Fax: +63 2 926 8747
6. P/Supt. Florendo Flores Quidilla, Jr.
Chief of Police
Koronadal City Police Office (KCPO)
Koronadal City
PHILIPPINES
7. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Room 1-040
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
8. Mr. Diego Garcia-Sayan
Chairperson
UN Working Group on Enforced or Involuntary Disappearances
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
