PHILIPPINES: Illegal arrest and torture of four farmers by military forces 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from Task Force Detainees of the Philippines (TFDP)-Mindanao regarding the illegal arrest and torture of four farmers by military forces, which falsely accused them of involvement in a rebel group on April 1, 2005, in Laak, Compostela Valley. They were illegally detained inside the military camp for 10 days. While in military custody, each of them was severely tortured, forced to confess against their will, deprived of visits by relatives and unable to be represented by a lawyer while being interrogated.

It was also reported that the physician who signed the medical certificate of the four victims, which indicates that they are in “good condition” before they are turned over to the jail, did not actually perform a medical examination. As a result of the physician’s negligence, a false medical certificate was issued with the allegations of torture by the victims ignored.

This case is yet another incident of illegal arrest, detention and torture practiced by military forces victimising villagers in the Philippines with impunity. The farmers, indigenous people and those living in remote areas have been most frequently the victims of this abuse of their rights. Please see our previous appeals on this phenomenon: FA-12-2005, , UA-88-2004 and FA-11-2004. This is also the recent case wherein the perpetrators, the 60 Infantry Battalion, Philippine Army, was implicated in human rights violations. They were also implicated in the killing of three people in April 2004, for details see FA-17-2004.

We urge your immediate intervention in this most recent case. Please ask the Philippine government to conduct an immediate, independent and impartial investigation into these allegations of illegal arrest, detention and torture by the military forces. They should be investigated for clear violation of Republic Act 7438, which stipulates the rights of people arrested, detained and placed under custodial investigation.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
————————————————————————
DETAILED INFORMATION:

Name of the victims: Adreano Otida (39), Joseph Otida (24), Malaquias Sampan Jr. (45) and Joshua Bustillo (28), all are residents of Barangay Langtud, Laak, Compostela Valley Province.
Date and place of incident: April 1, 2005, in Sitio Binagyo, Barangay Langtud, Laak, Compostela Valley Province
Alleged perpetrators: About ten members of the 60th Infantry Battalion, Philippine Army, led by Lt. Oscar Blanza stationed in Doña Andrea, Asuncion, Davao del Norte

Account of the incident: (based on victim’s testimony)

On the morning of April 1, 2005, Adreano Otida (39), Joseph Otida (24), Malaquias Sampan Jr. (45) and Joshua Bustillo (28) were arrested in Sitio Binagyo, Barangay Kilagding, Laak, Compostela Valley Province by members of the 60th Infantry Battalion led by Lt. Oscar Blanza.

According to Adreano, he and his three relatives spent the day at a house in the area to help another relative harvest corn the day before the incident. At approximately 7:00 a.m. on April 1 on their way home, they were stopped by about 10 men wearing military uniforms. The soldiers questioned their presence in the area. They ignored the farmer’s explanation, however, and falsely accused them of being rebels.

One of the victims, Joseph, was tortured upon their arrest. His face was kicked while he was lying on the ground, his spine was stamped on several times and his arms were twisted behind his back.  A gun was also fired near his right ear.

The four men were brought to Barangay Kilagding and presented to the people.  The military asked the residents of Kilagding if they knew them.  Although the people recognised them as local farmers, the soldiers ignored their responses.

At about 2:00 o’clock in the afternoon, they were brought to the 60th IB detachment where they were interrogated. They were forced to admit that they are members of a rebel group — the New Peoples Army (NPA). They were also coerced to confess the whereabouts of their supposed comrades who they continually denied they knew.

At around 4:00 p.m., they were taken to the 60th IB camp in Doña Andrea, Asuncion, Davao del Norte. After an hour, they were put in a detention cell in the camp and blindfolded and mauled.

Adreano said he was punched on the right side of his body, chest and abdomen several times.  Joseph was punched in his abdomen several times as well. Joshua said he was punched in his chest and stomach.  Malaquias said he was punched in his chest several times, hit with a rifle butt on his chest and the left side of his body and his legs were hit with a hard object. Malaquias added his feet were also hit with a large stone.

The four victims were tortured for the first four days of their 10-day detention in military custody. Even during an interview with the victims later at the jail, the traces of torture were still visible. In addition, the military denied that they were detained inside the camp when the victims’ families were trying to locate their whereabouts.

On April 11, the four men were taken to the Laak district jail. Later, before they were remanded in the provincial jail of Compostela Valley in Tagum City on April 13, they were brought to Laak Municipal Hospital for a medical examination, but the doctor did not examine them. Instead, he signed a medical certificate indicating there were no torture marks on their bodies despite the traces of bruises and the swelling on their chest.

– – – – – – – – – – – – – – – – – – –
Please send a letter, fax or e-mail to the addresses below.

 

 

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