[RE: UA-251-2005: PHILIPPINES: Brutal torture of a 25-year-old man over mistaken identity in General Santos City, Mindanao; UP-007-2006: PHILIPPINES: Investigation into the brutal torture of a man by mistaken identity begins]
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UP-047-2006: PHILIPPINES: Torture victim denied treatment while police director exonerates his mens acts as justifiable
PHILIPPINES: Torture; denial of detainees rights to medical treatment; arbitrary use of authority by the police; Delay in administration of justice
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Dear friends,
The Asian Human Rights Commission (AHRC) has received further information regarding the continued denial of medical attention and trauma treatment to torture victim Haron Abubakar Buisan. Buisan is presently detained at the General Santos City Reformatory Center (GSCRC) following his arrest on 12 December 2005. Although the concerned government agencies, in particular the regional office of the Commission on Human Rights (CHR 12) is aware of this situation, they have not taken action to provide Buisan with the necessary treatment for his full recovery.
Although the CHR 12 has interviewed Buisan in jail, the Commission made no appropriate intervention regarding his health concerns. The Commissions staff reportedly told Buisans family his injuries had already healed without him having even been evaluated by a competent physician or counseling expert. To declare whether a torture victim requires medical and trauma treatment or not can only be determined by experts. Under no circumstances can a torture victim be arbitrarily denied their right to be treated adequately.
It has also been learned that the City Director of the General Santos City Police Office (GSCPO), Senior Superintendent Alfredo Toroctocon, claimed in a statement read to the media in response to the AHRCs open letter addressed to him (AHRC-OL-004-2006), that the acts of his men in allegedly beating Buisan were justified. He further suggested that harming Buisan was normal because he had lied.
When interviewed by the media, Toroctocon repeatedly insisted that Buisan and another man, Ariel Bansalao, who is wanted for robbing a passenger bus is the same. To see the details of this case, please see: UA-251-2005. This, despite an order issued on 17 January 2006 by Regional Trial Court (RTC) Judge Oscar Noel to conduct a reinvestigation into Buisans case. Buisan has claimed that his arrest was a result of mistaken identity. The public prosecutor in charge to reinvestigate the case, however, has yet to resolve this issue.
The AHRC is deeply concerned that the policemen involved in this case have not been given appropriate sanctions or restrictions despite the Deputy Ombudsman for Military and Other Law Enforce Offices having commenced its investigation. (Please see our previous appeals: UP-007-2006). While the Ombudsman has yet to release the results of its investigation, Senior Superintendent Toroctocon, has seen fit to make comments about it. Such conduct is entirely inappropriate and must be stopped without delay.
This case is yet another example wherein elements of the GSCPO are accused of torturing persons whom they arrested. Please see our previous appeals regarding these cases: UA-74-2005; UA-162-2005.
SUGGESTED ACTION:
Please write letters to the agencies listed below requesting immediate intervention to ensure that Buisan is afforded with adequate medical and trauma treatment. The office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices must complete its investigation without delay and properly inform the victim and his relatives of their findings. If the allegations are found to be true, appropriate criminal and administrative charges must be filed against the policemen involved. If the charges laid against the victim were taken by way of torture, they must be dropped and Buisan must be released unconditionally.
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SAMPLE LETTER
Dear _________,
PHILIPPINES: Torture victim denied of treatment while police director exonerates his mens acts as justifiable
Name of victim: Haron Abubakar Buisan (25), presently detained at the General Santos City Reformatory Center (GSCRC)
Name of alleged perpetrators: Elements of the Special Weapons and Tactics (Swat) of the General Santos City Police Office (GSCPO)
Place and date of arrest: Barangay (village) Bawing, General Santos City on 12 December 2005
Status of the case: Regional Trial Court (RTC) Judge Oscar Noel issued an order to reinvestigate the case to look into the victims claims that he was arrested by mistaken identity. The Office of the Deputy Ombudsman for Military and Other Law Enforcement Offices, who conducted the victims complaint of torture, has yet to release the result of its investigation.
I am writing to raise my serious concerns regarding the continued denial of adequate medical and trauma treatment for torture victim Haron Abubakar Buisan. It has come to my attention that Buisan has not been afforded any treatment following his arrest on 12 December 2005 and his subsequent detention to the General Santos City Reformatory Center (GSCRC) in General Santos City where he is presently detained.
I have learned that although the regional office of the Commission on Human Rights (CHR 12) is aware of this situation, it has not taken action to provide treatment for the victim. I am aware that a staff of the Commission instead told the victims family that his injuries were already healed despite having yet to have him examined by medical or counseling experts. I am extremely disappointed by the manner in which the Commission is handling the victims case. To deprive a torture victim of adequate medical and trauma treatment is totally unacceptable.
It has also come to my attention that the City Director of the General Santos City Police Office (GSCPO), Senior Superintendent Alfredo Toroctocon, has reportedly already exonerated his mens acts as justifiable and has been making public statements against the victim to discredit him and his complaint. I am aware that the Office of the Ombudsman for the Military and Other Law Enforcement Offices has already conducted investigations into this case, but given that it has not released its findings, the practice of making statements against the complainant before the case has been resolved is entirely unacceptable and must be discouraged. I am extremely disappointed by the position taken by Toroctocon; not only for making public statements against the victim, but for justifying the use of torture.
I urge your immediate intervention in this case to ensure that the torture victim is afforded with adequate medical and trauma treatment. The policemen involved must be imposed with appropriate sanctions if there are reasonable grounds to do so. Appropriate criminal and administrative charges must also be filed against them if the allegations are found to be true.
Furthermore, I urge you to request the full cooperation of the GSCPO in any investigations conducted into this case. While there is a standing order by the Regional Trial Court (RTC) to reinvestigate the charges filed against the victim, I urge you to ensure that this order is complied with without delay. A succeeding trial in the case must also ensure that it is in accordance with the Republic Act 8493, which requires speedy trial of cases.
I trust that you will take appropriate action in this matter.
Yours sincerely
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PLEASE SEND YOUR LETTERS TO:
1. 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@chr.gov.ph
2. 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
3. P/DIR Gen. Arturo Lumibao
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763
4. Senior Superintendent Alfredo Toroctocon
City Police Director
General Santos City Police Office (GSCPO)
Camp Fermin G. Lira
9500 General Santos City
PHILIPPINES
Tel. No.: +63 83 554-6606
5. Ms. Rosalinda Tolosa
Regional Director
Commission on Human Rights (CHR)
Sy Compound, Leon Lldio Street
Barangay Lagao
9500 General Santos City
PHILIPPINES
Tel/Fax: +63 83 553 8887
Cotabato City extension Office
Tel: +63 64 482 0384 / +63 64 421 6307
6. Professor 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 9179016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
E-mail: ssyed@ohchr.org
7. 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)
E-mail: scronin@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
