PHILIPPINES: Deteriorating health condition of a female torture victim in detention 

Dear friends,

The Asian Human Rights Commission (AHRC) writes to express its serious concern regarding the deteriorating health of female detainee Wenifreda Marigondon (26), who is presently being detained in Quezon Provincial Jail in Lucena City. Marigondon has been detained in prison since her arrest on 25 November 2005 in Barangay (village) Plaridel Ilaya, Plaridel, Quezon. She was pregnant at the time of her arrest, which was carried out by elements of the 76th Infantry Battalion (IB), Philippine Army, headed by Lieutenant Juanito Paraso, on suspicion of being a member of a rebel group, the New Peoples’ Army (NPA).

According to information received from the Task Force Detainees of the Philippines (TFDP-Luzon), when Marigondon was arrested, the military showed no warrant for her arrest.  Marigondon was forcibly dragged out of her house. While outside the house, Lt. Juanito Paraso, who headed the military detachment, angrily yelled at her “’wag ka nang patanong-tanong kung anong kaso mo, may warrant ka! (No more questions about your case, you have [arrest] warrant).” She was then reportedly transported in a military van by the soldiers to the headquarters of the 76th IB in Barangay Villa Principe, Gumaca, Quezon. When Marigondon confronted the soldiers onboard as to why she was being arrested, she was told that they need to bring her to a hospital since they knew she was pregnant.

Marigondon was held at the military headquarters until 30 November 2005. While in their custody, she was intimidated and interrogated. It is believed that she was threatened with death unless she agreed to join the Civilian Auxillary Force Geographical Unit (CAFGU) – a paramilitary force – and join in counter-insurgency activities for the military. It is alleged that she was repeatedly verbally abused by Lt. Paraso, as well as being deprived of sleep, food and medicines. Although a doctor had given her medical attention and prescriptions for medicine for her pre-natal care, the soldiers only allowed her to take her medicine on condition of disclosing information about her alleged NPA comrades.

Before Marigondon was taken to Southern Luzon (SOLCOM) Command Hospital at Camp General Nakar in Lucena transferred her from Calauag Municipal Jail to Lopez Municipal Jail – both of these towns are in Quezon. Marigondon gave birth at the Solcom Hospital on December 22. Since she gave birth, she has not been provided with adequate medical attention and facilities.

After she had given birth, Lt. Paraso visited her in hospital on several occasions where Marigondon remained under arrest. Marigondon reportedly suffered bleeding when she was interrogated and intimidated by Lt. Paraso in hosptial. On 27 January 2006, in spite of her unstable physical condition, she was forcibly taken out of hospital despite continuous pleadings to Lt. Paraso for her to be allowed to stay in hospital until she had recovered. She was taken back to the camp of the 76th IB in Barangay Villa Principe, Gumaca, Quezon.

She was reportedly detained at the military camp in an over crowded cell, with little ventilation, in conditions that amount to ill-treatment. Marigondon was never allowed outside of her cell during her detention and she was not allowed to talk to her relatives.

Throughout this time, she was reportedly being forced under duress to join the Civilian Armed Forces Geographical Unit (CAFGU) and to be a speaker for the counter-insurgency campaign being organised by the military in village assemblies.

After more than eight months in detention, Marigondon was still not aware of the charges against her that were motivating her detention. All that she knew was that she was accused of being a member of the rebel NPA group, along with two other persons, Ka Roger and Jose Maria Sison. It was only in the first week of April 2006 that she was finally taken to the Regional Trial Court (RTC) Branch 62 in Gumaca, Quezon for the preliminary trial of her case, at which time she found out that she was being charged with rebellion. Furthermore, Marigondon was not provided with access to legal counsel for the first five months of her detention.

On July 17, 2006, the Court ordered the transfer of Marigondon from the military’s custody to the Quezon Provincial Jail in Lucena City, where she is presently being detained. Her seven-month old son is living in Lucena City under the care of her aunt. It is reported that Marigondon has been suffering from intermittent cold and fever. Her health condition has been affected by a lack of nutrition and medical facilities and there are concerns for her physical integrity as a result of this.

ADDITIONAL INFORMATION:

The AHRC has reported on a number of cases in which detainees have been denied adequate access to required medical attention and facilities.

An example is the case of Victim Samuel Lagulao (53) on April 12, 2006. A joint police and military unit arrested Lagulao, allegedly on false charges. At the time he was in the Iloilo Mission Hospital for treatment for spine injuries. Following his arrest, he was turned over to the provincial jail in Iloilo, Nanga, Pototan but was not afforded medical attention while in detention (please see our previous appeal: UA-153-2006)

Another sick inmate, Elvie Apolona, who is presently being detained at the provincial jail in Prosperidad, Agusan del Sur, had also been denied adequate treatment since his arrest on 10 February 2006. As with Lagulao’s case, the police and military forces arrested Apolona while he was being treated at a local hospital. He was also not provided with adequate medical treatment while in detention (please see our previous appeal: UA-149-2006)

We have also reported suspicious deaths of inmates in detention due to lack of medical facilities and poor jail conditions.

In December 2005, three inmates, namely Vicente Abella, Mary Jane Mancera (33) and Arthur Esquelona died while in detention at the General Santos City Reformatory Centre (GSCRC) in Barangay (village) Lanton, General Santos City. Abella and Mancera’s death were both suspicious. It was alleged that they may have resulted from the poor medical services and prison conditions inside the jail (please see our previous appeal for details: UP-01-2006);

In addition, Arthur Esquelona (18) died on his way to a local hospital after he complained of severe stomach pain. But a post-mortem autopsy performed on his body indicated that Esquelona may not have died of an ulcer. It is reported that traces of injuries to his head were discovered that may have been caused by beatings or being thrown against a hard object (please see our previous appeal for details: UA-242-2005)

SUGGESTED ACTION:

Please write letters to the concerned agencies calling for their immediate intervention to ensure that adequate medical attention is provided to Wenifreda Marigondon. An impartial investigation into the allegations of her ill-treatment and torture while in detention, including physical abuse, death threats, and deprivation of sleep, food and medicine, must be launched immediately. The authorities must also ensure the speedy disposal of her case in court.

 

 

 

To support this case, please click here: SEND APPEAL LETTER