[RE: UA-082-2006: PHILIPPINES: Brutal torture of 11 persons and the 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; UP-092-2006: PHILIPPINES: Plot to kill torture victims in jail; UP-099-2006: PHILIPPINES: Jail authorities’ failing to ensure adequate security despite grave danger torture victims are facing; UP-100-2006: PHILIPPINES: Further details on plot to kill torture victims; UP-115-2006: PHILIPPINES: Two minor torture victims released from jail; court rules the arrest of 11 victims as illegal; UP-137-2006: PHILIPPINES: More charges filed against police, military and militias involved in torture of 11 persons in Benguet]
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PHILIPPINES: Assassination attempt; illegal arrest and detention; torture; unlawful treatment of minors; filing of fabricated charges by way of torture; continuous threats against torture victims and witnesses; complete collapse of rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) is deeply concerned by the assassination attempt on a torture victim Jefferson Dela Rosa by an inmate named William Pangan who is believed to have been hired to kill him on July 28. Pangan had previously been investigated concerning a plot to kill two torture victims, including Dela Rosa, in the provincial jail, in La Trinidad, Benguet, Philippines. However, it is alleged that after the incident, the jail authority simply removed the culprit from the cell and put him into another cell where other torture victims were also detained, rather than placing him in a segregated cell or taking other preventive and legal measures against him. The AHRC is trying to collect more details of the incident and will inform you upon receiving further information. It is unknown whether the jail authority or the police have launched any inquire into the incident.
Continued threats have been made on the lives of torture victims Rundren Lao and Jefferson Dela Rosa, presently detained at the provincial jail in La Trinidad, Benguet, Philippines (Please see our previous appeals: UP-092-2006; UP-100-2006). Only a few hours before the incident, the AHRC had received information from a reliable source who informed us that the victims had again received renewed threats. Not only are torture victims are facing serious threats, but also the lawyers handling their case and people who are actively involved in helping them.
These renewed threats took place after the victims and their legal counsel filed criminal charges against several policemen before the Office of the Prosecutor in La Trinidad, Benguet on June 28 (Please see our previous appeals: UP-137-2006; UP-067-2006). The policemen were charged for their alleged involvement in the illegal arrest, detention and brutal torture of eleven people, two of whom were minors on February 14 in Buguias, Benguet (Please see our previous appeals: UA-082-2006). Although it is not yet clear, there are serious concerns that the threats were prompted by the victims filing of charges against the policemen.
When the plot to kill two of the victims was first reported by AHRC on May 9, Benguet Provincial Jail Warden James Simon conducted an investigation. It is learned that since then, Pangan has been investigated and improved security arrangements have been made for Lao and Dela Rosa. However, no conclusive findings have resulted from the investigation. Two months since the incident, threats on the victims still continue and finally lead to the near stabbing of Dela Rosa on the evening of July 28. An investigation should be launched by the independent agency as the jail authority has failed to prevent numerous threats on the two torture victims. The inadequate action taken after the incident is also highly questionable and harms the accountability of any investigation.
The assassination attempt took place while the Office of the Prosecutors has not been acted upon with urgency, although Pangans affidavit had been submitted to them. Those who had given him money and supposedly hired him to kill the victims remain unknown. Also, no adequate security or protection has been afforded to Pangan after he disclosed his personal knowledge putting him at risk. Submission of Pangans affidavit to the prosecutors office is one step in a lengthy judicial process in the Philippines. The immediate need of a sustainable security for torture victims facing threats and witness Pangan must be given the utmost priority. It may be one of the reasons Pangan attempted to stab Dela Rosa even though he had cooperated with the jail authority and the victims earlier. An investigation should also be conducted whether or not any pressure was made on him to attempt to kill Dela Rosa.
Although there is an existing Witness Protection, Security and Benefit Act (RA 6981), there is no clear provisions for inmates or prisoners (See full text of their Act: RA 6981). While the programs Admission as stipulated under Section 3, that any persons who “is testifying or about to testify before any judicial or quasi-judicial body, or before any investigating authority may be admitted, it made no mention whether this applies to inmates like Pangan. Thus, there are serious concerns that Pangans cooperation into any further investigations is in jeopardy. His security and safety is seriously at risk.
ADDITIONAL INFORMATION:
On July 28, the AHRC received information of a death of an inmate who had had serious threats on his life prior to the incident. It is reported that on July 12, Joselito Tobi, an inmate who was falsely charged and detained at the provincial jail in Palo, Leyte following the 21 November 2005 (Please see for details: UA-216-2005) allegedly died from food poisoning.
Tobi and his co-complainants too had criminal complaints pending against the military for the death of nine peasants in Palo, Leyter. Tobi and his fellow inmate, Arniel Dizon, reportedly had received threats two weeks before his death. The AHRC is not aware of any thorough investigation conducted into Tobis death. Those responsible of allegedly poisoning Tobi, and threatening him and Dizon remained unknown (Please see for details: UP-151-2006)
The AHRC has likewise reported a number of deaths involving inmates and prisoners.
On December 2005, 18-year-old inmate Arthur Esquelona died of suspicious causes at the General Santos City Reformatory Center (GSCRC) in General Santos City. According to the report, Esquelona died on his way to the General Santos City Hospital after he complained of severe stomach pain. It is reported that Esquelona may have died of an ulcer–as he suffered severe stomach pain at the time of his death. But this, however, was disproved by an autopsy report conducted by medical experts (Please see for details: UA-242-2005)
Also in December 2005, two more inmates, namely Vicente Abella and Mary Jane Mancera, died at the same detention facility. The two are alleged to have died due to poor medical services and prison conditions inside the jail. The jail authorities have reported that Abella may have died due to a sleeping disorder as he was found dead while in a deep sleep. Meanwhile, Mancera died on her way to the hospital on December 28 after she reportedly suddenly collapsed in jail (Please see for details: UP-001-2006).
SUGGESTED ACTION:
Please write to the concerned authorities, in particular the Provincial Government of Benguet and the Bureau of Jail Management and Penology (Bjmp) to exhaust all means to identify, arrest and prosecute those responsible for the assassination attempt on Dela Rosa and continuous threats to torture victims. Please also urge that Pangan should be immediately removed from the cell where any of the torture victims are detained. Please also urge that the Department of Justice (DoJ) to look into possibilities whether Lao and Dela Rosa could be admitted as beneficiary for the witness protection programme. If it is found that they are qualified, they must be afforded without delay. Please also urge them to provide protection to Pangan as he is the key witness in revealing who ordered him to kill the torture victims. The court and quasi-judicial bodies handling the victims case and the complaints they filed against the policemen respectively must be also be resolve without delay.
Additionally, the threats against the victims legal counsel and those individuals actively involved must also be investigated. An immediate and effective investigation must be conduct in order to identify the perpetrators and appropriately charged them in court. Adequate security and protection must likewise be afforded to the persons concerned without delay.
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SAMPLE LETTER
Dear _________,
PHILIPPINES: Attempted stabbing of a torture victim; continuous threats on torture victims and legal counsels
Name of the victim: Jefferson Dela Rosa, a torture victim detaining in the provincial jail, in La Trinidad, Benguet, Philippines
Alleged perpetrators:
1. William Pangan, the victim’s inmate
2. Unknown persons(s) who allegedly hired Pangan to kill the victim
Date of the incident: On the evening of 28 July 2006
Place of the incident: The provincial jail, in La Trinidad, Benguet
I am shocked to learn of the assassination attempt on torture victim Jefferson Dela Rosa by his fellow inmate William Pangan at the provincial jail, in La Trinidad, Benguet on the evening of 28 July 2006. Pangan was the person who admitted during a subsequent investigation by jail authorities that he had been paid a huge amount of money to kill two torture victims, including Dela Rosa. I am surprised why the jail authority put Pangan in the same cell with Dela Rosa despite his previous records of threatening the victims. I am also surprised to learn that the jail authority simply removed Pangan from the cell and put him into another cell where other torture victims were also detained, rather than detaining him in a segregated cell or taking other preventive and legal measures against him.
The jail authority’s inadequate action is quite questionable and makes me wonder whether it might be implicated in this incident. Even though it is not, the jail authority cannot still avoid its responsibility regarding its failure to investigate the threats upon the victims and for providing effective protection despite continuous threats. I therefore strongly urge you to order an impartial and thorough inquiry into this incident. Immediate measure must be taken to separate Pangan from the torture victims and to ensure the sustainable security for torture victims facing threats must be given the utmost priority given. The people who ordered this attempt on his life and other threats to the victims and their legal councils should be identified and brought to court as soon as possible.
In fact, this incident took place while continuing threats were being made on two torture victims, Rundren Lao and Jefferson Dela Rosa, presently detained at the provincial jail in La Trinidad. I am aware of this threat that was first reported on May 9. The threats were made by Pangan, the very person who attempted to kill Dela Rosa this time. At that time he admitted during a subsequent investigation by jail authorities that he had been paid a huge amount of money to kill them.
Although James Simon, Provincial Jail Warden took action to investigate Pangan and improve the security arrangement for the two victims, the July 28th incident indicates that these are not sufficient to address these continuing threats. I was also informed that not only are the torture victims facing serious threats, but so are the lawyers handling their case and people who are actively helping them.
The assassination attempt on Dela Rosa and the other threats that have been reportedly renewed after the victims and their legal counsel filed other criminal charges against several policemen before the Office of the Prosecutor in La Trinidad, Benguet on June 28. The policemen were charged for their alleged involvement of illegally arresting, detaining and brutally torturing the eleven victims, two of whom were minors on February 14 in Buguias, Benguet. Although I understand that even though it is not yet clear, whether or not these renewed threats were prompted by the victims filing of charges, I am seriously concerned that it might have been.
I am also disappointed that although Pangan had been investigated, I am not aware of any conclusive findings arising from the investigation. Pangans affidavit, which was submitted to the Office of the Prosecutors, has not been acted upon with urgency. Those who had given him money and supposedly hired him to kill the victims remain unknown. Also, I am not aware of any adequate security or protection afforded to Pangan after he disclosed his personal knowledge, putting him at risk. It is quite surprising that Pangan attempted to kill Dela Rosa although he cooperated with the victim and jail authorities earlier. Therefore, the investigation should also reveal why Pangan changed his attitude suddenly or whether he received any pressure to force him to attempt Dela Rosa’s life. While, a proper legal action must be taken against him, I also strongly insist that a sustainable security should be provided to Pangan as a key witness to reveal the person(s) behind the incident.
While I acknowledge the existing Witness Protection, Security and Benefit Act (RA 6981), I am deeply concerned of the programmes unclear provisions regarding who could qualify for admission. Although Admission into the Program under Section 3, stipulates that any persons who is testifying or about to testify before any judicial or quasi-judicial body, or before any investigating authority may be admitted, it made no mention whether this would apply to inmates or prisoners as well–like Pangan. While legal action should be taken against Pangan, I am also seriously concerned that Pangan requires effective protection so that he can cooperate into any further investigations or if he decides testify in court. Otherwise, his security and safety will also be seriously threatened.
There must be more practical and immediate steps taken to adequately address this. One is for the authorities, in particular the Provincial Government of Benguet and the Bureau of Jail Management and Penology (Bjmp) to exhaust all means in order to identify, charge and prosecute those responsible for threatening Dela Rosa’s life and threatening the victims. To ensure these objectives are met, they should first ensure that adequate and sustainable security is afforded to the torture victims. The Department of Justice (DoJ) must look into whether Lao and Dela Rosa, as well as Pangan could be admitted as beneficiary for the witness protection programme. If it is found that they are qualified, they must be afforded this without delay.
I likewise urge your appropriate intervention to use your authority to ensure that court and quasi-judicial bodies handling the victims case and the complaints they filed against the policemen respectively, are resolved without delay. I strongly believe that such delay would give the perpetrators an opportunity to further threaten, intimidate and even attempt the victim’s life. One way to prevent this is promptness in resolving the case and addressing the complaints.
Additionally, I likewise urge you to have the threats against the victims legal counsel and those individuals actively involved in their case investigated. Those responsible must be identified and appropriately charged. Adequate security and protection must likewise be afforded to those concerned without delay. To target lawyers while representing their clients and in practice of their profession is totally unacceptable. The government must send unequivocal messages that it does not tolerate this. To target and subject lawyers and paralegals to attacks and violence is totally unacceptable.
I look forward that your appropriate intervention 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
Email: chiefacosta@edsamail.com.ph
3. Director General Oscar Calderon
Chief, Philippine National Police
Camp General Rafael Crame
Quezon City
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. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
Email: sechbp@infocom.com.ph
6. 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
7. 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: +63 2 926 9032
Fax: +63 2 926 7572
Email: omb1@ombudsman.gov.ph
8. Governor Borromeo P. Melchor
Provincial Capitol
2601 La Trinidad, Benguet
PHILIPPINES
Tel. No: +63 74 422 3223
Fax No. +63 74 422 2004
9. Professor Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr.Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (ATTN: SPECIAL RAPPORTEUR ON THE QUESTION OF TORTURE)
E-mail: ssyed@ohchr.org, tb-petitions@ohchr.org
10. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Attn: 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
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
PETITION – PETITION – PETITION – PETITION
STOP EXTRA-JUDICIAL KILLINGS IN THE PHILIPPINES
http://www.pinoyhr.net/
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