Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you about the prolonged detention of two farmers in Davao Oriental province, the Philippines. Both of them have been detained for almost three years without any progress in their case because the prosecution witnesses failed to appear in court on six occasions. One of them was arrested without warrant, and he was tortured during detention.
CASE DEAILS:
According the information received from Task Force Detainees of the Philippines (TFDP), the two detainees, Armando Marquez, 46 years old, and Efren Baligwat, 31 years old, are now detained in Davao Oriental Provincial Jail in Mati. They were arrested on 25 August 2003 and 28 January 2004 respectively. They were accused of participating in the taking of firearms in Mati, provincial capital of Davao Oriental on 29 December 2002, and were charged with robbery.
The prosecutor for their case, Mr. Vicente Suarez, called for postponements of the case on six different occasions from July 2004 to November 2006 because none of the prosecution witness appeared in court. On 23 March 2006, two of the prosecution witnesses did appear in court and they indicated that they were going to testify that the two detainees were not involved in the case. However, Prosecutor Suarez did not present them and instead asked the court to postpone the case due to time constraints. The last hearing was held on 7 November 2006, but it was postponed again because the prosecutor failed to appear in court. The next hearing is set on 11 January 2007.
BACKGROUND INFORMATION:
Marquez was a farmer and resident of New San Isidro, Buhangin, Davao City. He was arrested on a bus ride to Calinan in Davao City by members of unidentifiable intelligence unit on 25 August 2003. Marquez asked whether they had a warrant of arrest, they claimed they had one but failed to produce any. He was later dragged off the bus, blindfolded and sent to an unknown place for interrogation.
It is alleged that Marquez was tortured after he denied any involvement in the case. His hands were allegedly tied with a rope, and he was hung for almost an hour. He was handcuffed and then interrogated again.?He was struck over different parts of his body several times. His handcuffs were allegedly only removed after two months of his detention inside the intelligence office.
Marquez’s family was not informed about his arrest for a week afterwards and he was illegally detained for 7 months inside the intelligence headquarter in Mati without a case filed against him. On 25 March 2004, he was handed over to Mati Police Station in Davao Oriental, and then was taken to Davao Oriental Provincial Jail on the next day. He later learned that a warrant of arrest was issued against him on 16 March 2004, even though he had been arrested on 25 August 2003.
It is evident that the police forged a document relating to Marquez’s arrest to cover up his illegal arrest and 7-month illegal detention to escape from the legal responsibility for the possible future case against them in court. It is sad to say that this is not an isolate case but common practice by police and other security forces in Nepal. In its 2005 Annual Report on the Philippines, the AHRC has already pointed out “the judicial delays and inadequate judicial reforms” that basically deprives the victims of human rights violations of getting effective legal redress. (See further: The State of Human Rights in Ten Asian Nations – 2005; refer to pages 132-133)
In a separate incident, another detainee, Baligwat was a farmer and resident in Lupon, Davao Oriental province. On 28 January 2004, he was arrested by members of Criminal Investigation and Detection Group (CIDG). In early January 2004, he found his name on a warrant of arrest regarding the taking of firearms in Mati. He immediately talked to the municipal mayor of Lupon and told him that he was not involved in the case. He went to the police barracks in Mati with the mayor on 27 January to give a statement. He was interrogated for an hour and was told to return the next day.
Baligwat and the Mayor returned to the barracks on 28 January, but he was immediately arrested and handcuffed. He was brought to the CIDG office and then handed over to the provincial jail.
ADDITIONAL COMMENTS:
Police conduct in the two cases above clearly breaches the provisions of Constitution of the Philippines as well as those of the International Covenant for Civil and Political Rights (ICCPR) that contain the protection of a citizen(s) from illegal/arbitrary arrest, prolong detention, torture and court delay. The Philippine government is a state party to the ICCPR.
The excessive undue delay of the court proceedings due to the prosecutor’s failure of bringing the witnesses to the court breaches Section 16 of Bill of Rights in 1987 Constitution of the Republic of the Philippines that states, “All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies”. Article 14(2)(C) of the ICCPR also mentions that all the persons shall be tried without undue delay.
Furthermore, Section 1 of the Constitution also prohibits illegal arrest or detention, while Section 12 (2) of the Constitution prohibits torture or any other ill-treatment against the detainees. Article 9 of the ICCPR also says “no one shall be subjected to arbitrary arrest or detention (Clause 1)” and “Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release (Clause 3)”.
Therefore, the Philippine government has both domestic and international legal obligations to inquire about the alleged illegal/arbitrary arrest, prolong detention and undue court delays that occurred in the two cases above.?
SUGGESTED ACTION:
Please write letters to the following authorities, urging the dismissal of the case and the immediate release of the two detainees because of the illegal arrest and detention, as well as the denial of speedy trial. Compensation should also be provided to the detainees and their family.
Independent and impartial inquiries should be conducted to investigate the alleged case of Marquezs torture, and the illegal arrest and detention of the two victims. If the allegations are proven, perpetrators should be identified and prosecuted accordingly.
As a signatory of the ICCPR, the Philippines government should also take appropriate actions to protect the detainees?right of speedy trial and ensure the due process of law.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _____________,
PHILIPPINES: Delays in prosecution causes the prolonged detention of two farmers
CASE 1: ILLEGAL ARREST, PROLONG DETENTION AND VIOLATION OF SPEEDY TRIAL
Name of victim: Armando Marquez, aged 46, farmer and resident of New San Isidro, Buhangin, Davao City.
Alleged perpetrators: Members of unidentifiable intelligence unit
Date of incident: Illegally arrested in Bankerohan, Davao City on 25 August 2003, illegally detained about 7 months at the intelligence headquarter
Important point needed to be noticed: The police fabricated the false record of the victim’s arrest to cover up their crimes
CASE 2: ARBITRARY ARREST, PROLONG DETENTION AND VIOLATION OF SPEEDY TRIAL
Name of victim: Efren Baligwat, aged 31, a farmer and resident in Lupon, Davao Oriental province
Alleged perpetrators: Members of Criminal Investigation and Detection Group (CIDG) of Mati, Davao Oriental
Date of incident: Arbitrarily arrested on 28 January 2004
(*Both men are currently detained in Davao Oriental Provincial Jail in Mati)
I am writing to raise my deep concern on the prolonged detention of Armando Marquez and Efren Baligwat. Due to the fact that the prosecution witnesses failed to appear in court six times, both of them have been detained for almost three years without any progress in their case. One of them was arrested without warrant, and he was tortured during detention.
I am deeply concerned about the severe delay of the case, and the irresponsible attitude of the prosecutor. According the information I received, the two detainees were arrested on 25 August 2003 and 28 January 2004. They were accused of participating in the taking of firearms in Mati, provincial capital of Davao Oriental on 29 December 2002, and were charged with robbery in band. The prosecutor of the case, Vicente Suarez, called for postponements of the case in six different occasions from July 2004 to November 2006.
In addition, I am very disappointed about the illegal arrest and alleged torture of Marquez. A farmer and resident of New San Isidro, Davao City, he was arrested by members of unidentifiable intelligence unit on 25 August 2003 without any warrant. During the detention, he was allegedly handcuffed for two months and was boxed in different parts of his body for several times. He later learned that a warrant of arrest was issued against him on 16 March 2004. It is evident that the police forged a document relating to Marquez’s arrest to cover up his illegal arrest and 7-month illegal detention, and escape from the legal responsibility for the possible future case against them in court.
Another detainee, Baligwat was a farmer and resident in Lupon, Davao Oriental Province. On 28 January 2004, he was arrested by members of Criminal Investigation and Detection Group (CIDG), after he found his name on a warrant of arrest and took initiative to give a statement to the police in Mati, denying his involvement in the case. He was then brought to the CIDG office and then was turned over to the provincial jail later.
Therefore, I urge the prosecutors office to consider the dismissal of the case and immediate release the two detainees. The undue delay of the case has already caused serious trauma to the detainees and their family. They were arrested and detained illegally and arbitrarily, their rights of speedy trial were denied too. Section 16, Article III Bill of Rights of the Philippines Constitution states that, All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies,?the undue delay in current case apparently contravenes this provision.
In addition, an independent and impartial inquiry should be conducted to investigate the alleged case of Marquezs torture, and the illegal arrest and detention of the two victims. If the allegations are proven, perpetrators should be identified and prosecuted accordingly. Compensation should be provided for the victims and their family members.
As a signatory of the International Covenant of Civil and Political Rights, the Philippines government should conform to the provisions in Article 9, which prohibits arbitrary arrest and detention, and protect the detainees?rights of speedy trial.
.
I trust that you take serious and effective action on this matter.
Yours sincerely,
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SEND YOUR LETTERS TO:
1. Ms. Gloria Macapagal-Arroyo
President of the Republic of the Philippines
Malacanang Palace,
JP Laurel St., San Miguel
Manila, Philippines
Fax: +63 2 742-1641 / 929-3968
E-mail: corres@op.gov.ph / opnet@ops.gov.ph?lt;/font>
2. 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?lt;/font>
3. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
Email: sechbp@infocom.com.ph?lt;/font>
4. Prof. 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 22 917 9016 (general)
5.?Ms Leila Zerrougui
Chairperson
Working Group on arbitrary detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
6. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR INDEPENDENCE JUDGES & LAWYERS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
