[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; UP-067-2006: PHILIPPINES: Torture victims file charges against policemen]
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UP-092-2006: PHILIPPINES: Plot to kill torture victims in jail
PHILIPPINES: Torture; illegal arrest and detention; denial of adequate medical and trauma treatment; failure to enact an enabling law against torture; security and protection concerns; detention of minors together with adult detainees; complete collapse of rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) writes with deep concern regarding the grave danger 11 torture victims are facing owing to their detention in La Trinidad Provincial Jail, Benguet. According to a reliable source, a plot to kill five of the victims has been discovered. One of the victims, Rundren Berloize Lao, relayed this plot to his peers who visited him a few weeks back. Lao told his peers that one of their fellow inmates claimed he was offered a substantial amount of money to kill them but he refused to do so.
Lao and his peers who are included in the supposed list of five targets have expressed grave concern for their security. Despite this, there has been no effort to investigate those who are responsible for the plot. The AHRC is gravely concerned that the plot is genuine and yet the authorities have not adequately responded to ensure the victims safety and security. It is the duty of the jail authorities to ensure the safety of persons in their custody.
Although the motive and persons responsible have yet to be established, the AHRC fears that the plot could be related to the complaint the victims filed against the police officers involved in illegally arresting and torturing them on 14 February 2006. The victims earlier charged Police Superintendent Brent Madjaco, the head of the 1604th Police Provincial Mobile Group (PPMG) and five of his men for violation of the Republic Act 7438 before the Benguet Prosecutors Office on 30 March 2006. (For details please see: UP-067-2006).
The intervention by the head office of the Commission on Human Rights of the Philippines (CHR) in Quezon City into the case giving assurance that it would take appropriate action after the victims peers held a protest on 31 March 2006 has been inadequate. (Please see our press release on this: AHRC-PL-024-2006). On April 3, when they met with the CHR investigator Danny Mosquera they were told they could only refer their complaint to their regional office in Baguio City. Mosquera said the budget they have is only P100 (USD 1.93) and this was not enough to conduct the investigation themselves. He then told them to write down their complaint-affidavit and they would send it to their regional office.
The manner in which the CHR investigator and his fellow personnel conducted themselves when they met with the victims peers was entirely unprofessional and showed a distinct lack of care. A reliable source who met with them said some CHR personnel were interrupting their meeting from time to time by joking with them. Their failure to show sincerity and professionalism in dealing with the complainants is entirely unacceptable and leads to further questions about others seeking redress from the commission (please read our related statement on this: AS-076-2006).
It has also been learnt that the two minor torture victims, namely Ray Lester Mendoza (16) and Frencess Ann Bernal (15), are reportedly still being detained together with adult inmates. Although the two have been transferred to a separate detention centre away from their peers, their fellow inmates inside the detention cell where they are presently being detained are still adults.
SUGGESTED ACTION:
Please send letters to the agencies listed below asking for their intervention. The Bureau of Jail Management and Penology (BJMP) must take measures without delay to provide appropriate protection and security to torture victims inside the jail. An impartial and independent investigation must also be conducted to identify who is responsible for the plot. They must be charged accordingly in court if the allegations are found to be true. The two minors who are reportedly still being detained together with adult detainees must be taken to detention centres for juveniles without delay.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
PHILIPPINES: Plot to kill torture victims in jail
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
Place of detention: La Trinidad Provincial Jail, Benguet
Place and date of their arrest: 14 to 16 February 2006 in Abatan, Buguias, Benguet
I would like to draw your attention to the case of 11 torture victims presently detained in La Trinidad Provincial Jail, Benguet. I have been informed of a disturbing development regarding a plot to murder five of the victims inside the jail where they are being detained. According to the information I have received, one of the torture victims, Rundren Berloize Lao, relayed this plot to his peers who visited him a few weeks back. Lao told his peers that his fellow inmates claimed receiving an offer of a substantial amount of money to kill them but he refused.
I am gravely concerned by this development. Although the report has yet to be investigated, I am deeply concerned that the plot could be serious. I have learned that prior to this, the victims charged several police officers for violation of the Republic Act 7438 before the Benguet Prosecutors Office on 30 March 2006. Even though it is not clear yet whether this plot is connected to the case they filed, I am gravely concerned that it might be.
Therefore, I urge you to take steps to ensure the protection and security of the victims inside the jail with urgency. They must be afforded with a high level of security and escorts to prevent they possibility of security breaches that might harm them. I also urge you to have the inmate who claimed to have received an offer to murder the victims investigated. An investigation must also be conducted as to who raised the money and who is plotting against the victims. Appropriate charges must then be filed against them.
The Bureau of Jail Management and Penology (BJMP) has a responsibility to ensure the safety and security of all detainees under their custody. Liability rests with the BJMP should any of the victims be harmed. It is also of extreme importance that the BJMP transfers without delay the two minors who are still being detained together with adults.
Additionally, I request an inquiry into the failure of the Commission on Human Rights of the Philippines (CHRP) head office in Quezon City to take appropriate action to look into the victims allegations of torture, as requested by their peers following a protest the latter held on 31 March 2006. I am aware that instead of taking a lead in the investigation, as they earlier promised, an investigator of the CHR failed to take action citing budgetary and procedural reasons. Also, the CHR personnel reportedly showed an improper and unprofessional manner in dealing with the complainants who met with them on April 3. If these allegations are found to be true, I demand immediate disciplinary sanctions against the CHR personnel involved.
Finally, please urge the regional office of the Department of Social Welfare and Development (DSWD) in Baguio City to afford appropriate counseling treatment to the torture victims to ensure their full recovery, in particular the two minors, and ensure that their basic needs are provided for. I am deeply concerned by the DSWDs inadequate intervention towards the victims.
I trust that you will take action in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Director Arturo W. Alit
Chief
Bureau of Jail Management and Penology (BJMP)
144 Juco Bldg. Mindanao Avenue
Quezon City
Tel No: +632 9276154 / 927 6383
E-mail: itu@bjmp.gov.ph
2. Senior Superintendent Wilfredo L Navarrete
RBJMP-Cordillera Administrative Region (CAR)
2/F., Baguio City Jail, Albano St.,
Baguio City
PHILIPPINES
Tel. No: +63 74 443 5295
E-mail: jmpcar@bjmp.gov.ph
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. Ms. 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. 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
7. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
Email: sechbp@infocom.com.ph
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. 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)
