[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; UP-047-2006: PHILIPPINES: Torture victim denied treatment while police director exonerates his mens acts as justifiable; UP-014-2006: PHILIPPINES: Office of the Ombudsman for the Military and Other Law Enforcement Offices begins investigation into cases of torture, activists killings and concerns on witness protection; UA-74-2005: PHILIPPINES: Trial of three men yet to begin after three years; UP-78-2005: PHILIPPINES: Delay in trial due to possible neglect by the court and prosecutor; UP-108-2005: PHILIPPINES: Court commences trial of three men due to pressure following frequent postponement; UP-150-2005: PHILIPPINES: Chief State prosecutor acknowledges the allegations of illegal arrest, detention and torture of three men]
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PHILIPPINES: Illegal arrest and detention; Torture; Delays in the conduct of investigations; Delays in adjudication of cases in court
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PETITION – PETITION – PETITION – PETITION
STOP EXTRA-JUDICIAL KILLINGS IN THE PHILIPPINES
http://www.pinoyhr.net/
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Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you regarding the delays on the part of the regional office of the Commission on Human Rights (CHR XII) in General Santos City to resolve three separate complaints of torture. Despite the fact that years have passed, no substantial progress has so far been made in the investigation. The complaints have not been resolved and the policemen involved have not been investigated and charged.
On June 5, the Commission on Human Rights informed torture victims Jejhon Macalinsal and two companions that it would take up their four-year-old complaint of torture against the police if they decide to pursue it. (Please see our previous appeals on this case: UA-74-2005; UP-78-2005; UP-108-2005; UP-150-2005). A lawyer representing the Commission told them to execute an affidavit days later against the officers at the General Santos City Police Office who arrested and allegedly tortured them in April 2002. Macalinsal, Aron Salah and Abubakar Amilhasan were allegedly subjected to brutal torture and sexually humiliated over a number of days following their arrest. The three men claim that they were then falsely charged with illegal possession of firearms and explosives but not with a bombing.
Although the Commission’s effort is welcome, four years on, the police officials involved in leading the arrest and ordering the detention of the three alleged victims–former city police director Superintendent Jeorge Aquisap and former Police Regional Office director Senior Superintendent Bartolome Baluyot–have already been transferred and retired from service respectively. They have never been held accountable and may yet escape any responsibility. Macalinsal, Salah and Amilhasan have not been afforded adequate treatment for their injuries and for the trauma that they suffered. Macalinsal, the most seriously injured and traumatised, has partly recovered through self-medication and self-help trauma treatment, in the absence of government support. The Commission has so far failed to resolve the case.
On June 13, Manuel Sumadang, father of torture victim Bilino Sumadang, executed a statement with the Commission regarding allegations of torture committed on his son. The younger Sumadang was reported to have been tortured while in police custody following his arrest on 25 May 2006 by elements of the Maitum Police. The police arrested him for allegedly plotting to kill a local politician in Maasim, Sarangani and for illegally carrying firearms. It is reported that the elder Sumadang noticed torture marks on his son’s body when he saw him at the headquarters of the Police Provincial Office (PPO) in Alabel, Sarangani where he was detained two days later, (May 27).
The police holding the younger Sumadang in custody have reportedly scolded the elder Sumadang for speaking to his son in his native language not familiar to them when they visited him. The police were listening beside them during the said visit. The Sumadang family belongs to a native Indigenous People (IP) tribe. The elder Sumadang could not speak language commonly understood other than theirs. The elder Sumadang’s companion had to explain to the police of the language barriers and the need to interpret them.
It is reported that the police reportedly refused to have the victim examined by an independent physician at the time. There were also alleged irregularities in the appointment of legal counsel to younger Sumadang. The legal counsel was appointed by the same police officers who arrested him and who filed charges against him in court, and without having his family consulted on the matter. The case against the victim has been filed before the Regional Trial Court (RTC), Branch 38 in Alabel, Sarangani.
On June 22, in an unusual turn of events, the younger Sumadang shed tears when he opted to choose the police officers to be his custodian instead of his parents. The RTC was hearing the petition for custody at the time. No independent investigations were conducted to look into allegations as to whether or not the victim was tortured while in police custody, or whether his decision to choose the police as his custodian was of his free will or not. The investigation conducted by the Commission into allegations of torture has likewise not shown any substantial progress. The policemen involved have not been investigated.
In another case, in January 2006, although the Commission also commenced its investigation into the case of Haron Abubakar Buisan, a man whom police allegedly arrested over mistaken identity and brutally tortured while in their custody, it has yet to resolve it. (Please see our previous appeals: UA-251-2005; UP-007-2006; UP-047-2006; UP-014-2006). The Commissions investigator had already taken a statement from Buisan at the detention center at the General Santos City Reformatory Center (GSCRC). No substantial progress however has so far been made regarding the investigation they conducted. While the investigation is underway, no adequate medical attention or state-sponsored rehabilitation progress was afforded to him while in detention.
It is learned that had it not been of the repeated appeals by the groups in the country and abroad concerning the case, the Commissions attention may have acted on the complaint. The AHRC is likewise not aware of any progress made on the Commission investigation despite repeated appeals regarding Buisans case.
Not only is the result of the Commissions investigation dragging, the complaint filed against him in court has likewise yet to be resolved by the Office of the Prosecutor in General Santos City. It is reported that the prosecutor formerly handling his case, Andres Lorenzo, has already been promoted as a court judge. Thus, the complaint against Buisan has yet to be resolved by the newly appointed prosecutor. Also, the prosecutors office has likewise yet to act on the previous ruling by the court judge to conduct a reinvestigation into the case filed against Buisan.
SUGGESTED ACTION:
Please write letters to the concerned agencies requesting their appropriate intervention to pressure the regional office of the Commission on Human Rights (CHR) to resolve the complaints of torture filed with them without delay. The immediate resolution of these cases is very essential of filing appropriate criminal charges against the policemen involved. The Commission must resolve the case and recommend before a court of law if there are sufficient evidence to have the policemen involved charged. Promptness by the Commission to resolve the case is also a precondition and essential to have the victims indemnified.
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SAMPLE LETTER
Dear ___________,
PHILIPPINES: Commission on Human Rights (CHR) investigation into torture cases in General Santos City dragging
Case 1:
Names 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)
Arresting officers: elements of the General Santos City Police Office (GSCPO)
Place and date of arrest: On 24 April 2002 at 3am in Barangay (village) Calumpang, General Santos City
Courts handling the case against them: Municipal Trial Court (MTC), Branch 3, Regional Trial Court Branch (RTC), Branch 35, all in General Santos City
Status of the case: All of the victims are out on bail. The regional office of the Commission on Human Rights has yet to resolve the complaint of torture filed before their office four years on.
Case 2:
Name of the victim: Bilino Sumadang, a resident of Barangay (village) Kabukbukan, Palimbang, Sultan Kudarat.
Alleged perpetrators: Elements of Maitum Municipal Police Station, Maitum, Sarangani
Date of incident: 25 May 2006
Place of incident: Maitum, Sarangani
Case 3:
Name of victim: Haron Abubakar Buisan (25), presently detained at the General Santos City Reformatory Center (GSCRC) in Barangay (village) Lanton.
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 regional office of the Commission on Human Rights has likewise commenced its investigation into the victims complaint of torture.
I am writing to draw your attention regarding the delay on part of the regional office of the Commission on Human Rights (CHR XII) in General Santos City to resolve the three separate complaints of torture filed with their office.
According to information I have received, although the Commission has commenced its investigation into the complaint of torture victims Jejhon Macalinsal, Aron Salah, Abubakar Amilhasan, whom police arrested and subsequently tortured on April 2002, no substantial progress have been made on its investigation so far. The complaint has not been resolved and the police have reportedly not been investigated to answer the allegations. I have also learned that two of the police officers involved–former city police director Superintendent Jeorge Aquisap and former Police Regional Office director Senior Superintendent Bartolome Baluyot–have already been transferred and retired from service respectively. They have never been held accountable and may yet escape any responsibility.
In another case, the Commission has likewise yet to resolve the case of torture victim Bilino Sumadang whom police arrested on May 25, 2006. Although the statement has already been secured from the victims father, Manuel Sumadang, on June 13, no progress has been made since then. The elder Sumadang claimed to have noticed torture marks on his sons body when he visited him at the headquarters of the Sarangani Police Provincial Office (SPPO) in Alabel, Sarangani on May 27.
There were also alleged irregularities into the appointment of legal counsel to the younger Sumadang. It was the same police officers who arrested and charged him in court that appointed defense counsel for the victim. This was, however, without consultation with the victims family and his relatives. The police have also refused to have him medically examined by an independent physician at the time the victims father visited him on May 27 at the Sarangani Police Provincial Headquarters (SPPO) where he was formerly detained. On June 22, the victims opted to choose the policemen as his custodian in a hearing when the petition for his custody was heard. No substantial investigation was conducted to determine whether or not the victim was acting on his free will or a result of threats and torture–as alleged by the victims family.
There was also no progress into the case of torture victim Haron Abubakar Buisan, a man whom police allegedly arrested on 12 December 2005 over mistaken identity. Although the Commissions investigator had already commenced its investigation and has already secured statements from him, as usual there has been no substantial progress made so far. The Commission has likewise failed to resolve the case with urgency since it began investigating the complaint since January 2006. Not only the investigation into allegations of torture is dragging, the charge against him in court is likewise dragging.
I have also learned that the Office of the Prosecutor in General Santos City has yet to act on conducting reinvestigation into the charged by the police against Buisan. This, after the prosecutor formerly handling the case has been promoted as a court judge. Although there was already a pending court ruling to have his case reviewed, no progress has been made so far since. While Buisan is continually being detained at the General Santos City Reformatory Center (GSCRC) he has not received any adequate medical attention and rehabilitation programme to address the trauma he might have suffered from torture.
While I appreciate the Commission’s effort for acting on these cases, I strongly insist that these cases must and should be resolved with urgency. Resolving these cases is a precondition that policemen involved are held liable and prosecuted in a court of law. It also gives possibilities for victims of torture adequately indemnified and rehabilitated accordingly.
I am deeply concerned at the Commissions failure to promptly resolve these cases. As you are aware, such failure is non-compliance with the Concluding Observations of Human Rights Committee on Philippines as a State party to the International Covenant on Civil and Political Rights (ICCPR) on December 2003, under para. 12 that the allegations of torture [must be] are effectively and promptly investigated by an independent authority, that those found responsible are prosecuted, and that victims are given adequate compensation.
I trust that you will take immediate and effective action in these cases.
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@yahoo.com
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
Email: omb1@ombudsman.gov.ph
3. Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763
Email: pcrg@pnp.gov.ph or ias@pnp.gov.ph
4. Senior Superintendent Alfredo Toroctocon
City Police Director
General Santos City Police Office (GSCPO)
Camp Fermin G. Lira
9500 General Santos City
PHILIPPINES
Tel: +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
8. Mr. Paul Hunt
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
OHCHR-UNOG
1211 Geneva 10,
SWITZERLAND
Fax: +41 22 917 90 06
E-mail: urgent-action@ohchr.org
(ATTN: SPECIAL RAPPORTEUR ON THE RIGHT OF EVERYONE TO THE ENJOYMENT OF THE HIGHEST ATTAINABLE STANDARD OF PHYSICAL AND MENTAL HEALTH)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
