[RE: UA-082-2006: PHILIPPINES: Brutal torture of 11 persons and subsequent filing of fabricated charges against them; UP-063-2006: PHILIPPINES: Lawyers for 11 torture victims file motion to withdraw charges against them]
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UP-067-2006: PHILIPPINES: Torture victims file charges against policemen
PHILIPPINES: Torture; illegal arrest and detention; denial of victims for adequate medical and trauma treatment; failure to enact an enabling law against torture
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Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you that six policemen in Buguias, Benguet were charged on 31 March 2006 in connection with the torture of 11 persons. (For details please see our previous appeals: UA-082-2006 and UP-063-2006). The respondents were Police Superintendent Brent Madjaco, the head of the 1604th Police Provincial Mobile Group and five others namely, Police Senior Inspector Joseph Paulo Bayongasan, Senior Police Officer 1 Alyson Kalang-ad, Police Officer 2 (PO2) Jonathan Pucya, PO2 Wendell B. Baglao, and PO2 James Ayan Jr.
According to the Cordillera Human Rights Alliance (CHRA), an umbrella group of human rights organisations based in Baguio City, the charges were filed before the Benguet Prosecutors Office for violation of the Republic Act 7438, an Act which defines certain rights of persons arrested, detained or under custodial investigation.
In the affidavit-complaint of the victims, they wrote that the policemen conspiring and confederating together and mutually helping one another, willfully, unlawfully and feloniously failed, refused to grant, and deprived them of their rights under Section 2 of the Act.
Section 2 (a) of the Act stipulates that any person arrested detained or under custodial investigation shall at all times be assisted by counsel. The affidavit further stated that at the time of their arrest and during detention, the said respondents failed to effectively inform them (victims) of their rights and did not also provide them with competent and independent counsel as mandated by law.
Under the said law, the policemen could face a penalty of at least six to eight years of imprisonment if convicted. The torture victims were assisted by the Free Legal Assistance Group (FLAG) headed by human rights lawyer Pablito V. Sanidad, Rene A. Cortes, Noe E. Villanueva, Jose M. Molintas, Randy G. Kinaud, Eric G. Santos and Joris-Karl B. Dacawi.
While the AHRC welcomes this development, it maintains a certain level of reservation regarding the possibilities of delay of the prosecutors office to resolve the complaint and recommend for the indictment of the respondents. We call upon the prosecutors office to resolve the complaint without delay, and recommend for the filing of charges against the policemen involved in court.
Under Philippine law torture is not a crime. Should there be acts of torture committed by police or military men, they could be prosecuted for criminal and administrative offences, but not specific to torture. The absence of an enabling law against torture is denying victims the possibility of government-sponsored medical treatment and rehabilitation programmes. (Please see our press release on this: PL-024-2006)
While the AHRC appreciates the filing of charges before the prosecutors office, it reiterates the call upon people and the government–the House of Representatives and the Senate– to push for the enactment without delay of an enabling law on torture. This measure is a precondition to cases of torture and requires urgency. The government must adhere to its obligation provided for in the 1987 Constitution and the Convention against Torture (CAT) to which it acceded to enact an enabling law to prohibit torture in any circumstances.
SUGGESTED ACTION:
Please send letters to the concerned government agencies listed below raising your concern regarding the case of 11 torture victims in Buguias, Benguet. The Prosecutors Office of Benguet must resolve without delay the victims complaint against the policemen for violation of RA 7438. The National Police Commission (Napolcom) must likewise resolve the separate complaint filed by the victims in their office. The Napolcom must consider imposing immediate sanctions and preventive suspensions on the policemen to ensure impartial investigation. If found that the charges against the victims are fabricated and taken by way of torture, they must be withdrawn immediately and the victims released without delay. Finally, please request the members of the House of Representatives and Senate to consider the enactment of an enabling law on torture as a priority.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
PHILIPPINES: Torture victims file charges against policemen
Names of victims:
1. Rundren Berloize Lao (24) of Gerona, Tarlac.
2. Anderson Alonzo (18) of Calinan, Davao City
3. Aldoz Christian Manoza (18) of Sampaloc St., Santolan, Pasig City
4. Ron Pandino (20) of Barangay Mayatba, Siniloan, Laguna
5. Ray Lester Mendoza (16) of Blk. 157 Lot 32 San Francisco St., Barangay Rizal, Makati City
6. Jethro Villagracia (21) of Calinan, Davao City
7. Neil Russel Balajadia (25) of No. 026 Tawiran St., Santolan, Pasig City
8. Darwin Alagar (21) of Barangay Tipuso, Urdaneta City, Pangasinan
9. Arvie Nunez (21) of Barangay Silangang Mayao, Lucena City
10. Jefferson dela Rosa (20) of No. 211 A.M. De Leon St., Santolan, Pasig City
11. Frencess Ann Bernal (15) of Calumpang, Marikina City
The victims are presently detained in a jail in La Trinidad, Benguet. One of the minors has been transferred to a juvenile detention centre.
Names of policemen charged at the Prosecutors Office in Benguet:
1. Police Superintendent Brent Madjaco, the head of the 1604th Police Provincial Mobile Group.
2. Police Senior Inspector Joseph Paulo Bayongasan
3. Senior Police Officer 1 Alyson Kalang-ad
4. Police Officer 2 (PO2) Jonathan Pucya
5. PO2 Wendell B. Baglao
6. PO2 James Ayan Jr.
Date of incident: 14 to 16 February 2006
Place of incident: Abatan, Buguias, Benguet
Status of the case: The respondents were charged for violation of an Act defining certain rights of persons arrested, detained or under custodial investigation (RA 7438) before the Benguet Prosecutors Office on 31 March 2006.
I am writing to bring to your notice the case of 11 torture victims presently detained in La Trinidad, Benguet. I have learned that they have already filed charges for violation of the Republic Act 7438, which defines certain rights of persons arrested, detained or under custodial investigation against the policemen involved before the Benguet Prosecutors Office on 31 March 2006.
While I appreciate this development, I am deeply concerned by the possible delay on the part of the prosecutor to resolve the victims complaint. Likewise, I have learned that despite charges having been filed against the respondents, they have not met with immediate sanctions or preventive suspension to ensure the impartiality of any investigation and to prevent the possibility of further violence against the victims.
I therefore urge you to ensure the speedy disposition of the complaint filed by the victims. The Office of the Provincial Prosecutor must resolve the complaint without delay. It should then recommend for indictment of the respondents in court if a probable cause is established. If the charges laid against the victims are found to be fabricated and taken by way of torture, they must be withdrawn and the victims must be released immediately.
The concerned officials of the Philippine National Police (PNP) and the Commission on Human Rights (CHR) - Cordillera Region in Baguio City, must conduct a separate investigation regarding the victims allegations of torture. The PNP and the CHR must consider recommending the filing of appropriate criminal and administrative charges in court against the policemen concerned. They must also ensure that the victims are afforded with adequate medical treatment and counseling for trauma to ensure their full recovery.
Additionally, I also urge the National Police Commission (Napolcom) to recommend the filing of appropriate administrative charges against the policemen concerned if their investigation reveals probable cause. I am aware that a separate complaint was also filed in their office. It must likewise consider imposing immediate restrictions and preventive suspension against the policemen involved to ensure impartiality of the investigation.
The Department of Social Welfare and Development (DSWD) in Baguio City must ensure that the victims basic needs inside the jail are met. The remaining minor detainee, Frencess Ann Bernal (15), must be transferred to the juvenile detention center if she has not been already. An inquiry into the DSWDs failure to provide medical treatment to one of the victims, Rundren Berloize Lao, when he sought their help following his escape before turning him over to the police authorities must be looked into. If there is negligence on their part, it must be dealt with accordingly.
Finally, I take this opportunity to call upon the members of the House of Representatives and Senate to consider and enact without further delay the proposed bill, Anti-Torture Act of 2005 (HB 4307). The enactment of this bill is a precondition for the effective redress to victims of torture and improvement of human rights in the country.
I trust that you will take action in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Ronaldo V. Puno
Chairman
National Police Commission (Napolcom)
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
2. Mrs. Persida V. Rueda-Acosta
Chief, Public Attorney Office (PAO)
DOJ Agencies Building,
NIA Road East Avenue
1104 Quezon City
PHILIPPINES
Tel. No. +63 2 929 9010 / 9436
Fax No. +63 2 927 6810 / 926 2878
3. P/DIR Gen. Arturo Lumibao
Chief, Philippine National Police (PNP)
Camp Crame
Quezon City, Metro Manila
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763
4. Atty. Jocelyn Castillo
Regional Director, Commission on Human Rights
Cordillera Administrative Region
3rd floor SSS Baguio Branch Bldg., Harrison Road
2600 Baguio City
PHILIPPINES
Tel: +63 074 619 9088/ 074 619 9089
5. 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
6. Mr. Orlando Casimiro
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
7. Ms. Lualhati F. Pablo
Officer in Charge
Department of Social Welfare and Development (DSWD)
Batasan Pambansa Complex, Constitution Hills
Quezon City
PHILIPPINES
Tel.: +63 2 931 8101 to 07
Tel/Fax: +63 2 931 8138
8. 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
9. 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
10. Mr. Jacob Egbert Doek
Chairperson
Committee on the Rights of the Child
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9022
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
