[Re: UA-74-2005: Trial of three men yet to begin after three years; UP-78-2005: Delay in trial due to possible neglect by the court and prosecutor]
Dear friends,
The Asian Human Rights Commission (AHRC) is pleased to inform you that the case of three men whose trial has been delayed for years due to frequent postponement in General Santos City, Mindanao, Philippines, has been heard and scheduled for succeeding hearings before a local court. On 28 July 2005, the relatives of three men were notified that court would conduct the hearing on 9 August 2005. The court earlier ruled to transfer the case from Branch III to Branch I of the Municipal Trial Court in Cities (MTCC) where there is presiding judge. It was frequently postponed because there was no judge at MTCC Branch III. The three men were charge with illegal possession of firearms at the MTCC Branch I. The new presiding judge commenced the trial and scheduled the next hearing for 25 October 2005.
A reliable source said that the local court acted to hasten the trial due to pressure employed on them outside of the Philippines. Even though the case is showing progress, there is still a need to regularly monitor how the local court is dealing with it to ensure a speedy trial. The court should also afford similar treatment and speedy trial to another case of illegal possession of explosives the three men are facing before the Regional Trial Court (RTC) Branch 35. Please visit our previous appeals regarding the background of this case: UA-74-2005 and UP-78-2005.
Although the local court acted to hear the case, we have not recieved any response to our previous appeals to look into allegations of illegal arrest and detention and torture committed by elements of the General Santos City Police Office (GSCPO), in particular the policemen at the Pendatun Police Station (PP 1), towards victims Jejhon Macalinsal, Aron Salah and Abubakar Amilhasan. A reliable source disclosed that Macalinsal was spitting blood at the time of his arrest on 24 April 2002 due to police beatings. Although Macalinsal has a medical certificate to prove his complaint, the allegations of torture have not been investigated.
Therefore, we request your intervention to ask the presiding judge of both the Municipal Trial Court in City (MTCC) Branch I and Regional Trial Court (RTC) Branch 35 in General Santos City, Mindanao, to look into the allegations of illegal arrest and detention and torture. Please also request the regional office of the Commission on Human Rights (CHR) in General Santos City, Mindanao to investigate such allegations. It is essential that this matter is looked into because it may have implications in the case filed against the men in court. If the allegations are proven true, the policemen involved must be prosecuted.
Finally, please ask the Philippine government to consider as a priority the enactment of the proposed law against torture pending at the Philippine Congress and Senate as provided in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), of which it is state party. The Philippine government also prohibits the use of torture under Section 12 (2) Article III, Bill of Rights of the 1987 Philippine Constitution.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
Re: PHILIPPINES: Court commences trial of three men due to pressure following frequent postponement
I am writing to draw your attention to the case of Jejhon Macalinsal, Aron Salah and Abubakar Amilhasan who were victims of illegal arrest, detention and torture following their arrest on 24 April 2002. I would like to express my appreciation to the gesture of the Municipal Trial Court in Cities (MTCC) Branch I in General Santos City, Mindanao, to preside over the hearing of the case to prevent further delays.
However, although the court's efforts are laudable, I have learned that there are some concerns that have not been acted upon. I am aware that the allegations of illegal arrest, detention and torture of the three men have not been investigated. The alleged perpetrators involved, the General Santos City Police Office (GSCPO and in particular the Pendatun Police Station (PP1), have not been placed under investigation.
I am also aware that the three men, in particular Jejhon Macalinsal, have not been afforded any indemnification or assistance since the time of incident. Likewise I have not heard of any action taken regarding their allegations in prosecuting the alleged perpetrators. I was also informed that the local court, in particular the MTCC Branch I and RTC Branch 35 have not looked into the allegations.
I am also aware the regional office of the Commission on Human Rights (CHR) in General Santos City has yet to act on the said allegation of torture, despite the significant time that has now passed. Even though the practice of torture is prohibited under Section 12 (2), Article III, Bill of Rights of the 1987 Philippine Constitution, such practice continues today. I am deeply concerned by such practice in your country, of which most of the victims are left persecuted and unattended to.
Therefore, I urge your office to take appropriate steps to initiate an investigation into the allegations of the three men against the General Santos City Police Office (GSCPO), and in particular the Pendatun Police station. If the allegations are proven true, the policemen involved must be prosecuted. Immediate sanctions must also be imposed on them once the investigation commences.
Finally, I urge the Philippine government to consider as a priority the enactment of the proposed law against torture pending in Philippine Congress and Senate. It is the government's obligation to initiate local legislation to criminalise torture in accordance with the provisions of the Convention against Torture (CAT), of which the Philippine government is a state party.
I trust that you will take action in this case.
Respectfully yours,
_______________
PLEASE SEND LETTERS TO:
1. Mrs. Marie Ellengrid Baliguat
The Presiding Judge
Municipal Trial Court in Cities(MTC) Branch I
Hall of Justice, Barangay Lagao
9500 General Santos City
PHILIPPINES
Tel. No.: +63 83 302-3912
2. Mr. Oscar Noel
The Presiding Judge
Regional Trial Court (RTC) Branch 35
Hall of Justice, Barangay Lagao
9500 General Santos City
PHILIPPINES
Tel. No.: +63 83 301-2110
3. 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
PLEASE SEND COPIES TO:
1. Ms. Gloria Macapagal Arroyo
President
Republic of the Philippines
Malacanang Palace
J.P. Laurel St., San Miguel, Manila
NCR 1005
PHILIPPINES
Fax: +632 2929 3968
Email: pgma@compass.com.ph or opnet@ops.gov.ph
2. Mrs. 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
3. Mr. Raul Gonzales
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +6325211614
Email: sechbp@infocom.com.ph
4. Evelyn T. Dumdum
The Program Director
Office of the Program Management (OPM)
Action Program for Judicial Reform (APJR)
New Supreme Court Building Annex Padre Faura St., Ermita,
1000 Manila
PHILIPPINES
Tel. No.: +632 552 9578
Fax: +632 552-9586/
5. Prof. 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 22 917 9016 (general)
6. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Room: 3-060, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
