Dear friends,
The Asian Human Rights Commission (AHRC) is pleased to inform that the remaining nine torture victims have already been released from the provincial jail in La Trinidad, Benguet on 20 December 2006. They were released after the Regional Trial Court (RTC) Judge, Benigno Galacgac, dismissed the criminal charges the police filed against them for lack of evidence. The victims were among the 11 persons whom the police arrested, detained and falsely charged on 14 February 2006. They were charged with robbery, homicide and arson cases. (Please see our previous appeals for details: UA-082-2006). Two of their minor companions have been released into the custody of their parents on 30 May 2006.
UPDATED INFORMATION:
On 20 December 2006, the remaining nine torture victims were released from the provincial jail in La Trinidad, Benguet by the order of the Regional Trial Court (RTC) Judge, Benigno Galacgac who dismissed the case due to lack of evidence. Those released were Rundren Berloize Lao, Anderson Alonzo, Aldoz Christian Manoza, Ron Pandino, Jethro Villagracia, Neil Russel Balajadia, Darwin Alagar, Arvie Nunez and Jefferson dela Rosa.
While all the victims have already been cleared of the false charges against them, the complaint they filed against the police, military and militia forces involved in their arrest, detention and subsequent filing of charges have not been withdrawn. The Office of the National Police Commission (Napolcom) and the Office of the Ombudsman for the Military and Other Law Enforcement Office (MOLEO) who earlier received the complaints the victims filed against the government security forces involved have yet to decide on the matter. (Please see our previous appeals: UP-137-2006).
Also, the result of investigation into the attempt made on the life of one of the inmates, Jefferson dela Rosa, is not yet known. Although the court have had the sworn statement issued by dela Rosa in May 2006 regarding the plot to kill him and his colleague, Rundren Berloize Lao, no concrete results have been seen in the matter. The identities of the persons who tried to kill him and his companions while inside the jail remain unknown. No appropriate action was also taken against dela Rosas fellow inmate, William Pangan, who allegedly attempted to stab him on 28 July 2006. (Please see our previous appeal: UP-152-2006).
Although the victims have already been released, there remains the possibility that they would be targeted for attacks given the pending complaint they filed with Napolcom and MOLEO. Likewise, the safety of the local human rights and legal organisation helping them, in particular the Cordillera Human Rights Alliance (CHRA) and the Free Legal Assistance Group (Flag), remains under serious risk as they have been receiving threats on their life. (Please see our previous appeals: UP-152-2006) Although it was not clear yet as to whether or not those accused security forces are involved there are serious concerns of the possibility this could be the case.
Meanwhile, the concerned government agencies, in particular the Department of Social Welfare and Development (DSWD) and the Commission on Human Rights (CHR) are also yet to take appropriate action for the welfare of torture victims; for their complete recovery and rehabilitation. As of the time of writing, the AHRC is unaware of any adequate intervention made towards the victims nor recommendations that they be afforded with compensation and rehabilitation for the brutal torture they suffered.
SUGGESTED ACTION:
Please write letters to the concerned agencies, in particular the National Police Commission (Napolcom) and Office of the Ombudsman for the Military and Other Law Enforcement Office (MOLEO) to ensure the speedy disposition of the complaints the victims filed against the policemen, military and military forces. The Department of Social Welfare and Development (DSWD) and Commission on Human Rights (CHR) must also be pressured to take appropriate actions for the welfare of the torture victims, among which is for them to make some recommendations for their rehabilitation programme and compensation.
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SAMPLE LETTER
Dear __________,
PHILIPPINES: Court orders release of 9 torture victims for lack of evidence
I am writing to draw your attention to the release of nine torture victims in La Trinidad, Benguet on 20 December 2006. I know that you are fully aware of this case.
I have learned that the nine torture victims, namely Rundren Berloize Lao, Anderson Alonzo, Aldoz Christian Manoza, Ron Pandino, Jethro Villagracia, Neil Russel Balajadia, Darwin Alagar, Arvie Nunez and Jefferson dela Rosa, have already been released from jail after the Regional Trial Court (RTC) dismissed the charges filed against them.
While I appreciate this development, I am deeply concern of other matters that have not been adequately addressed yet. As you are aware, the victims have had pending complaint filed against the policemen, military and militia forces allegedly involved in their arrest, detention and filing of false charges in February 2006. These cases have remained pending with the National Police Commission (Napolcom) and the Office of the Ombudsman for the Military and Other Law Enforcement Office (MOLEO) for decision.
I therefore urge you to ensure that these complaints are resolved and decided upon without further delay. Although the victims are already out in jail I am deeply concerned of the possibilities that they would be subjected for further attacks. As you are aware, two of the victims, dela Rosa and Lao have had plot and threats received on their lives at the time they were in jail. This concern, however, have not been adequately addressed. No concrete investigation result was produce on these matters nor those who made plot and threats identified.
The immediate resolution of the complaints the victims filed against the security forces is very essential to ensure that possibilities of attacks against them is avoided. I am deeply concerned that unless is done, the victims, their families and those helping them with their case would be exposed to further risk. Also, I urge you to ensure that the Department of Social Welfare and Development (DSWD) and the Commission on Human Rights (CHR) takes appropriate actions for the welfare of the torture victims, among these is to recommend them for an adequate rehabilitation programme and compensation.
If there are instances of an urgent need that these victims, their families and those helping them in their case needs to be afforded protection and security, this must be considered so. This is very essential for victims seeking justice and redress for the violations committed against them by the government forces.
I trust that you will take immediate action in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Dr. 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
2. 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
3. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
4. Mrs. Esperanza I. Cabral
Secretary
Department of Social Welfare and Development
3/F DSWD Building, Batasang Pambansa Complex,
Constitution Hills
Quezon City
PHILIPPINES
Tel: +63 2 931 7916 / 931 8068
Fax: +63 2 931 8191
Email: eicabral@dswd.gov.ph
5. Mr. Ronaldo V. Puno
Secretary
Department of Interior and Local Government (DILG)
A. Francisco Gold Condominium II
EDSA cor. Mapagmahal St., Diliman
Quezon City
PHILIPPINES
Voice: +63 2 925 0330 / 31
Fax: +63 2 925 0332
Email: rvpuno@dilg.gov.ph
6. Mr. Orlando Casimiro
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: +632 926 9032
Fax: +63 2 926 8747
Email: omb1@ombudsman.gov.ph
7. Professor Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr.Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (ATTN: SPECIAL RAPPORTEUR ON THE QUESTION OF TORTURE)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
