[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; UP-108-2005: Court commences trial of three men due to pressure following frequent postponement]
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UP-150-2005: PHILIPPINES: Chief State prosecutor acknowledges the allegations of illegal arrest, detention and torture of three men
PHILIPPINES: Torture; government inaction; rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) is pleased to inform you that an investigation into the illegal arrest, detention and torture of three men namely Jejhon Macalinsal, Aron Salah and Abubakar Amilhasan in General Santos City may soon commence after the appeal by the AHRC to look into the allegations of torture was acknowledged by the government Chief State Prosecutor, Jovencito Zuno. In our appeal (UP-108-2005), the AHRC requested the Department of Justice (DOJ) to look into the allegations of illegal arrest, detention and torture of the men.
In her 14 November 2005 letter to the AHRC, Persida Rueda-Acosta, Chief Public Attorney, said that lawyer Yolanda Ogena, the district public attorney attached to the Public Attorneys Office (PAO) in General Santos City, Mindanao has been requested to provide legal assistance to the three men. The request on Ogena was in response to the letter received by Rueda-Acosta from the Chief State Prosecutor, Jovencito Zuno, informing them to take appropriate action on the case.
A reliable source, however, said that Ogena has yet to take action on the matter. It was learned that the legal assistance has yet to materialise. The reliable source added that the three men and their relatives are not aware of any legal assistance. The three men and their relatives helping in the case have since been struggling to meet the cost of litigation in the case. The next hearing is scheduled for 1 December 2005 at the Municipal Trial Court (MTCC), Branch III. For further details on the case, please visit our previous appeals: UA-74-2005; UP-78-2005; UP-92-2005.
Your strong intervention is needed to ensure that the Public Attorneys Office (PAO), in particular the District Public Attorney, lawyer Yolanda Ogena will provide legal assistance to the three men without delay. Please also request Ogena to investigate into the allegations of illegal arrest, detention and torture by the victims. Such investigation is essential to the prosecution of the perpetrators. Charges must be filed if the allegations are proven to be true.
Furthermore, please also pressure the regional office of the Commission on Human Rights (CHR XII) in General Santos City to conduct a separate investigation to look into the incident. The Commission has not acted on this matter. The AHRC has reported that Macalinsal was spitting blood due to the police beatings. It was also learned that he was not given food for two days and was prevented from taking rest. He was also tortured purposely to force him to implicate his two other companions, Salah and Amilhasan. The CHR however, has not afforded assistance to the victims, in particular to process complaints to prosecute the perpetrators.
In the Philippines torture is not a crime. There has been no proper or adequate investigation into cases involving torture, prosecution of perpetrators, and rehabilitation and compensation for victims due to the absence of domestic legislation. The AHRC reiterates daily the urgent need to enact an enabling law regarding this and has appealed to the members of the Senate and House of Representatives to act on it without delay (please see our previous appeal: UG-05-2005).
Finally, the AHRC requests your strong intervention to pressure the Philippine government to enact a domestic legislation against torture as provided in Article 4 (1) of the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The Government must pass a law against torture in full conformity with the provisions of the Convention.
Urgent Appeals Programme
Asian Human Rights Commission
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To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
PHILIPPINES: Chief State prosecutor acknowledges allegations of illegal arrest, detention and torture of three men
Name of the victims: 1) Jejhon Macalinsal, 2) Aron Salah, 3) Abubakar Amilhasan; all are Muslims and affiliate members of party list Bayan Muna in Socsksargen (Provinces of South Cotabato, Sarangani, Sultan Kudarat and General Santos City)
Place and date of arrest: At 3:00am on 24 April 2002, Barangay Calumpang, General Santos City, Mindanao.
Arresting officers: General Santos City Police Office
Courts handling the case: Municipal Trial Court (MTC), Branch 3, Regional Trial Court Branch (RTC), Branch 35, all in General Santos City, Mindanao
I am writing to draw your attention to the case of Jejhon Macalinsal, Aron Salah and Abubakar Amilhasan. I have learned that Jovencito Zuno, the Chief State Prosecutor of the Department of Justice (DOJ), has acknowledged the allegations of illegal arrest, detention and torture of the three men. I am aware that Zuno has also asked local authorities concerned to take appropriate action in this case.
I have also learned that Persida Rueda-Acosta, the Chief Public Attorney of the Public Attorneys Office (PAO) has requested the District Attorney in General Santos City, Mindanao lawyer Yolanda Ogena to provide legal assistance to the three men and to take appropriate action on the matter.
I am pleased by the immediate response of the Public Attorneys Office (PAO) on this matter. However, I am deeply concerned that this may not have been implemented effectively. I have learned from experiences in the past where assurances were made by government agencies but did not materialise. I therefore renew my appeal and urge your office to ensure that the PAO investigate the allegations of illegal arrest, detention and torture experienced by the victims. Appropriate charges must be filed against the police and military involved if the allegations are found to be true.
I also urge the Commission on Human Rights (CHR XII) regional office in General Santos City to conduct a separate investigation into the case. I am very disappointed by the Commissions inaction to look into these abuses by the police and military. The Commission has also not afforded any assistance to the victims, in particular in assisting them in seeking justice and redress.
Finally, I take this opportunity to remind the Philippine government of the urgent need to enact a domestic legislation against torture as provided in Article 4 (1) of the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The Government must pass a law against torture in full conformity with the provisions of the Convention.
I trust that you will take action in this case.
Yours sincerely,
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PLEASE SEND LETTERS TO:
1. Mrs. Persida V. Rueda-Acosta
Chief, Public Attorney Office (PAO)
DOJ Agencies Building,
NIA Road East Avenue
1104 Quezon City
PHILIPPINES
Tel. No. +63 2 929-9010/929-9436
Fax No. +63 2 927-6810/926-2878
2. 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
3. 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
4. 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
5. 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
6. Mr. Raul Gonzales
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +6325211614
Email: sechbp@infocom.com.ph
7. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: lventre@ohchr.org
8. Mr. Leandro Despouy
Special Rapporteur of the Commission on Human Rights on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (Attn: Special Rapporteur on the independence of judges and lawyers)
E-mail: scronin@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
