UPDATE (Philippines): Two men illegally held in custody released; one details experience of nauseous and brutal torture

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that the two men illegally arrested and detained by soldiers and paramilitary group have already been released in separate occasions. The victims, Ruel Munasque and Luicito Bustamante, were freed from soldier’s custody after the court granted the petition by their relatives’ for judicial protection. The court also ordered soldiers to refrain from violating the victims’ liberty and security. One of them, Luicito, detailed his experience of the nauseous and brutal torture he had suffered. He was forced to swallow his own feces after defecating and urinating in his pants due to severe beatings. The AHRC is concerned that although the victims have already been released, those responsible for illegally arresting, detaining and torturing them have not been held to account.

UPDATED INFORMATION: (Based on information received from various sources, including the Alliance for the Advancement of Peoples’ Rights (Karapatan))

CASE 1:
In our previous appeal (UA-315-2007), the AHRC mentioned that Ruel Munasque had been taken by soldiers on October 24 at a checkpoint in Dumalinao, Zamboanga del Sur. His companion, Roger Morales, was also taken with him by the soldiers, but was freed the following day. Ruel’s whereabouts then could not be located by his relatives though they knew the soldiers took him in their custody as relayed to them by Roger. Ruel’s relatives too were threatened by soldiers that they would take action against him should they seek legal action to obtain his release.

However, when Ruel’s relatives nevertheless filed petitions for writ of amparo before the Regional Trial Court (RTC) in Pagadian City, the petition was granted and Ruel produced in court on November 7. The judge, in granting Ruel’s relatives’ petition seeking judicial protection, also ordered his release from soldier’s custody where he was being illegally detained.

CASE 2:
On 27 October 2007, at 2pm Luicito Bustamante (a.k.a. Yongyong) was together with two of his friends, Salazar Amad and Avelino Lorenzana, distributing election handbills at the center of Barangay (village) Malabog, District of Paquibato, Davao City, for the barangay (village) and Sangguniang Kabataan (Youth Council) elections held in 29 October 2007. At 6pm, they proceeded to Sitio Quarry in the same village where they were stopped at a checkpoint manned by a group of nine paramilitary men led by a Noli Obat.

The paramilitary men, who were in military uniform and armed with M16 and Carbine rifles, ordered the victims to alight from their motorcycle. Noli then questioned Lucito and his friends, demanding from each of them their names, addresses and where were heading to, to which they replied. Soon, after obtaining their names, Noli told Salazar and Avelino to go ahead leaving Luicito with them as they wanted to question him further. Noli claimed they have received reports that Luicito is a member of an illegal armed group, New People’s Army (NPA).

Luicito, who was frightened at the time, begged Noli to let him go and promised him he would report to their headquarters in Sitio (sub section of a village) Balogo, Barangay Malabog. Noli however did not heed his plea and instead told him that he need not worry because nothing bad would happen to him. Noli also told him that he would be released the following day. Salazar and Avelino then offered to accompany Luicito because they feared for his safety at the paramilitary’s Task Force headquarter, but Noli angrily told them that their presence is not necessary because they are not involved. However, he gave them his mobile phone number.

At about 7pm, Salazar and Avelino walked towards the center of Sitio Quarry to seek assistance from a community leader, Hilario Etolle.  Hilario accompanied them when they went back to the checkpoint. There they saw Luicito being held by Noli and other members of the paramilitary. When Hilario asked the Noli reason why they are arresting Luicito, Noli arrogantly told him: “Don’t meddle in this, or you’ll be implicated!” Hilario nevertheless did not insist because he knew Noli had a record of committing abuses in their community.  He also often harassed villagers that he suspected of being members and sympathizers of the NPA.

Then Luicito’s elder sister arrived. She tearfully begged Noli to release her brother. She also told him that she had already informed the police about the incident but Noli bragged he was not afraid of them. They later took Luicito towards Sitio Balogo where their detachment is located. Later that night, a witness saw the paramilitary groups inside the detachment covering Luicito’s head with a balaclava. He was then taken by a black motorcycle together with two other persons. Three other men riding on another motorcycle were also seen escorting them. Luicito would only be seen ten days later.

At around 8pm, Salazar and Avelino went to the Philippine National Police (PNP) station in Barangay Malabog to report the incident.

On October 28, Luicito’s relatives and neighbors formed a group to locate him. They went to the headquarters of the 73rd Infantry Battalion, Philippine Army in Paquibato District. When they arrived at the headquarters, they were prevented by a soldier from entering the premises of the camp. They were also told that Luicito was not in their custody or inside.

On November 5, at 11am, a local journalist interviewed Luicito’s mother and the witnesses. They also gave Noli’s mobile phone number to the journalist.  At 3pm, Luicito’s family and relatives filed a complaint with the Commission on Human Rights (CHR) in Davao City. At 5pm to 6pm, in a news program “Testigo” (Witness) by GMA News, Noli was interviewed by phone. Noli confirmed in that interview that Luicito was in their custody and that they could not release him because he is a member of the NPA.

On November 7, at 1:30pm, the victims’ family filed a petition for writ of amparo at the Regional Trial Court (RTC), Branch 11, in Davao City. They were assisted by the Integrated Bar of the Philippines (IBP) Davao Chapter, Free Legal Assistance Group (FLAG) and Union of People’s Lawyers in Mindanao (UPLM).

On November 8, RTC Judge Isaac Robillo, Jr. granted to hear the petition for the writ of amparo and issued a court order which was served by Sheriff Sergio Tupas to Noli Obat at the Task Force detachment. Sheriff Tupas was accompanied by staff members of Karapatan and a member of the village council. When they arrived at the detachment, there they saw Luicito guarded by five military men. Sheriff Tupas took a photograph of him. Kelly Delgado, a staff member of Karapatan, discretely spoke to Luicito advising him not to sign any document but he replied that he had already signed something.

On November 14, at around 2pm, Judge Robillo conducted a summary hearing at the Regional Trial Court XI Branch 13 for the petition of the writ of amparo filed by the victim’s mother Bebelita Bustamante. The respondents, Noli Obat and Lt. Col. Alexander V. Ambal of the 73rd Infantry Battalion Philippine Army were accompanied by a representative from the Office of the Solicitor General and represented by lawyer Luwill Al-ag. Luicito was also with them when they appeared in court. He was apparently frightened and nervous.

The petitioner’s counsels, lawyers Manuel Quibod, Eduardo Estores and Carlos Isagani Zarate, requested that the victim be presented before the court. Judge Robillo granted the request despite objections from representatives of the Office of the Solicitor General arguing that they still had clarificatory questions. The petitioner’s counsels however raised the possibility of coercion the victim may have suffered in questioning the veracity of the supposed affidavit he had executed in the custody of the paramilitary and soldiers.

In the presence of the respondents, Luicito at first chose to remain with his captors when asked by Judge Robillo whom does he wanted to take custody of him. But soon after the petitioner’s counsels spoke to him privately outside of the courtroom and explained properly to him the nature of the relief for protection granted by the court, Luicito changed his mind and decided to go with his mother and Karapatan. Judge Robillo ruled that nobody should curtail Luicito’s liberty and that his basic rights as a civilian must always be upheld. Thus, the judge ordered his release to the custody of his mother and Karapatan.

Only after his release was Luicito able to disclose the nauseous and brutal torture he had experienced while in custody of the soldiers and paramilitary. He was beaten, hogtied, his head was tightly wrapped with plastic bag, he was beaten with a rifle butt and his skin were burned with cigarette butts. (To see, the photo) One of his legal counsels, lawyer Zarate, also said his client in one incident, had been forced to swallow his own feces after he urinate and defecated in his pants due to severe beatings. They also had his head wrapped with a plastic bag laced with hot pepper which had caused severe burning sensation to his nose, eyes and face, while he was having difficult of breathing.

SUGGESTED ACTION:
Please write letters to the concerned authorities requesting their intervention to ensure that allegation of torture by the victims against the military is adequately investigated. Those responsible in detaining and torturing them must be held to account. The victims must also be afforded with adequate compensation in accordance with the provision of Republic Act 7309, which provide compensation for victims of illegal detention and torture.

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