PHILIPPINES: Court orders trial of five torture victims detained over two years without trial 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from Task Force Detainees of the Philippines (TFDP) regarding the detention of five torture victims for over two years without trial. The victims were arrested on 8 April 2003 in Cotabato City, Mindanao and were charged in connection with the March and April 2003 bombings in Davao City. Two of them were minors at the time of arrest.

No trial was conducted due to the slow progress in the conduct of reinvestigations and the prosecutor’s unclear declaration of probable cause. Under Philippine laws, before a case can go on trial the prosecutor should establish a ‘probable cause’. On 31 March 2005, the Regional Trial Court Judge Paul Arcangel issued a ruling on the case that there is a need to go on trial.

Under these circumstances, we urge your intervention to ensure the trial of the five persons will be in accordance with Republic Act 8493, known as the speedy trial of criminal cases. The delay in the conduct of trial and detention of persons for years without trial is a serious problem within the Philippine justice system. Several detainees have long been deprived of their liberty and right to speedy trial. Please see our previous appeals (UA-66-2005)

Please also urge the Court handling the case to ensure that further delays, cancellation and postponement of hearings in their case, as a result of prosecutor’s inefficiency, as has previously happened, should not be tolerated. Also please ask the Commission on Human Rights (CHR) to reconsider its previous decision and to take necessary action in relation to the complaint of torture by the suspects.

Urgent Appeals Desk
Asian Human Rights Commission
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DETAILED INFORMATION

Name of the victim/s: Tohamie Ulong (minor), Ting Idar (minor), Jimmy Balulao, To Akmad and Esmael Mamalangkas, presently detained at the Bureau of Jail Management and Penology (BJMP) Maa, Davao City
Place and date of arrest: 8 April 2002, at Poblacion Dos, Cotabato City, Mindanao
Status of the case: The Regional Trial Court has already issued a ruling of the need to conduct a trial after two years of delay and postponement

The five detained were illegally arrested on 8 April 2003, in separate joint police and military operations in connection with the Davao International Airport (DIA) and Sasa Wharf bombings at a pump boat terminal in Almonte Extension, in Purok Bualan, and in Poblacion Dos, in Cotabato City.

Arrested were Tohamie Ulong (minor), Ting Idar (minor), Jimmy Balulao, To Akmad and Esmael Mamalangkas.  Upon arrest, they tortured and were forced to admit to the bombings in Davao City. While under custodial investigation, they were blindfold, electric shock, beaten, and they experience dry and wet methods of suffocation.

Among the perpetrators are members of Presidential Anti-Crime Emergency Response (Pacer), a special presidential task force with headquarters in Davao City. They victims were detained at the headquarters of Criminal Investigation and Detection Group in Davao City for several months before they were turned over to the City jail.

The case has had already gone through a very long and slow process of reinvestigations to prosecutor’s unclear declaration of probable cause. It was only in the latter part of 2004 that they were arraigned. A pre-trial was set for 2 December 2004, but was postponed

Since December 2004, the pre-trial has been postponed on several occasions. On 4 January 2005, it was postponed due to the existence of two sets of suspects in the same case.  The judge had to order the City Prosecution Office (CPO) to decide who among them will be tried first.  On 7 January 2005, the CPO decided that the five torture victims would undergo trial before the new suspects.

On 18 January 2005, the hearing was set, but it was cancelled due to the absence of the Prosecutor who was confined to a hospital due to a heart ailment. Succeeding postponements occurr as the prosecutor had not established yet ‘probable cause’. The hearing on 4 February 2005 was postponed when the defense counsels argued that a probable cause should be established before a trial can occur.

On 18 February 2005, the prosecutor was about to present his witnesses during the pre-trial but this time the suspects were not made available to appear in Court based on the previous directive from the Regional Trial Court Branch 12 citing security reasons of postponing the trial.

On 31 March 2005, Judge Paul T. Arcangel of the Regional Trial Court Br. 12, Davao City ruled that there is a need to go to trial because there exists probable cause, and the probability of the guilt or innocence of the suspects will be determined in a proper trial.

Suggested Action:

Please send a letter, fax or e-mail to the relevant authorities

 

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