[RE: UA-275-2006: PHILIPPINES: Eight members of a human rights fact-finding team detained, others harassed; UP-169-2006: PHILIPPINES: Alleged assault and attempt at framing false charges against 8 members of a human rights fact-finding team]
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PHILIPPINES: Torture; repression of human rights defenders
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Dear friends,
The Asian Human Rights Commission has received updated information regarding 8 human rights activists who had been arbitrary arrested and allegedly tortured by the Elements of the Philippine Army 74th Infantry Battalion (IB) on 22 August 2006, at Catanauan, Quezon Province, Philippines (See further: UA-275-2006 and UP-169-2006). As far as we have confirmed, 8 victims have already been released at around 11:00pm on August 23, a day after their arrest. As we reported earlier, although the provincial prosecutors dismissed the case pf the rebellion charges against 8 victims due to the lack of evidence, they were instead charged with “Obstruction of Justice” at the prosecutor’s office.
According to the Quick Response Team (QRT) of the KARAPATAN – Southern Tagalog, those 8 arrested were actually the first batch of the QRT to respond for the retrieval of the body of the body of Raquel Aumentado, who was allegedly killed in an encounter between the military and the New People’s Army (NPA) in Mulanay, Quezon Province on August 18, 2006. Of over 50 persons who joined that first batch of the QRT, only the 8 persons were able to climb to the mountain to recover the body.
Their companions, some of them elderly, were left behind at the time. Their arrests were known after the victims were able to call up their colleagues before their mobile phones were confiscated by the military. One of them, a female victim, even hid her mobile phone in her underwear. It gave her the chance later to contact her colleagues and tell them about what happened to them. As far as we confirmed, the mobile phones, cameras and other personal belongings of the victims confiscated during their arrest on August 22 have not been returned to them till now even after their release from custody.
After the first arrest was made, a second batch of the QRT composing of around 45 people was immediately dispatched to help those earlier arrested. They, however, were prevented from entering the area when they were about to pass a military checkpoint. The military prevented them from entering claiming that they could be rebel who disguise and joined the fact finding team.
One of the soldier, even allegedly ridiculed the QRT team, who had just went down from the mountains, that they could be rebel simply because they had untidy and muddy feet. The group was held for several hours before they were release.
The AHRC is deeply concerned by the disappointing development of the case. We are particularly concerned that the victims have been arbitrarily charged with “obstruction of justice” without any sufficient evidence, while no investigation have been launched in their alleged arbitrary arrest and torture by the personnel of the 74th IB of the Philippine Army. In fact, the military and the police commonly used filing of the arbitrary charges as a weapon to repress the activities of the human rights defenders in the country. The AHRC calls for the immediate government’s action to drop charges filed against the victims and investigate the alleged arbitrary arrest and torture of the victims.
SUGGESTED ACTION:
Please write to the relevant authorities listed below and demand withdrawal of the charges against the victims and prompt, impartial and thorough investigation into the alleged arbitrary arrest and torture of the victims.
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To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
PHILIPPINES: "Obstruction of justice" charges registered against 8 human rights activists without any sufficient evidence
Name of victims: Arbitrarily detained KARAPATAN fact-finding mission volunteers - Kristine Tulay, Christopher De Leon, Khristina Mae Guray, Mary Jane Almoete, Virgilio Batardo, Ramon Blastique Fajardo, Nona Quejero, Leonardo Quejero. Victims of harassment - Mr. Hermogenes Aumentado, two Barangay Officials and three staff members of a local funeral parlour.
Alleged perpetrators: Elements of the Philippine Army 74th Infantry Battalion (IB), led by Colonel Amado Bustillos
Place of incident: The victim's house in Obando, Bulacan
Date of incident: August 22, 2006, between 10.00 and 11.00 am, in Barangay (village) Tambakan, Catanauan, Quezon Province, the Philippines
I am deeply concerned by the report that the 8 human rights activists, who had been arbitrary arrested and allegedly tortured by the Elements of the Philippine Army 74th Infantry Battalion (IB) on 22 August 2006, at Catanauan, Quezon Province, Philippines, have been charged with "Obstruction of Justice" at the provincial prosecutor's office without sufficient evidence. In fact, prior to this, the military had attempted to file the rebellion charges against the victims but failed as the provincial prosecutors dismissed due to the lack of evidence.
The victims did not commit any crimes but were only participating in a mission to recover the body of Raquel Aumentado, who was allegedly killed in an encounter between the military and the New People's Army (NPA) in Mulanay, Quezon Province on August 18, 2006. I do not aware on which ground they were arrested and charged with Obstruction of Justice".
All the victims have been released from the military custody on August 23 but I was informed that the mobile phones, cameras and other personal belongings of the victims confiscated during their arrest on August 22 have not been returned to them till now. Beside this, I was also informed that
a second batch of the QRT composing of around 45 people, who was dispatched to help the victims, were prevented from entering the area at a military checkpoint and even harassed by the military personnel. One of the soldier, even allegedly ridiculed the QRT team, who had just went down from the mountains, that they could be rebel simply because they had untidy and muddy feet. The group was held for several hours without any reason before they were released.
In particular I am concerned that victims have been arbitrarily charged with "obstruction of justice" without any sufficient evidence, while no investigation have been launched in their alleged arbitrary arrest and torture by the personnel of the 74th IB of the Philippine Army. I am fully aware that the military and the police commonly used filing of the arbitrary charges as a weapon to repress the activities of the human rights defenders in the country.
I therefore strongly urge you to take immediate action to drop charges filed against the victims and order prompt, impartial and thorough investigation into the alleged arbitrary arrest and torture of the victims. The Philippine government must strictly prevent the military or other law enforcement officers from abusing the filing of arbitrary charges to suppress and threaten the human rights defenders.
I look for your urgent intervention into this matter.
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PLEASE SEND YOUR LETTER TO:
1. Ms. Gloria Macapagal-Arroyo
President of the Republic
Malacanang Palace,
JP Laurel St., San Miguel
Manila, Philippines
Fax: +63 2 742-1641 / 929-3968
E-mail: corres@op.gov.ph / opnet@ops.gov.ph
2. Mr. Jesus G. Dureza
Office of the Peace Process
7th Floor Agustin Building I
Emerald Avenue
Pasig City 1605, Philippines.
Fax: +63 2 635 9579
3. Mr. Avelino J. Cruz, Jr.
Secretary for National Defence
Room 301 DND Building, Camp Emilio Aguinaldo,
E. de los Santos Avenue
Quezon City, Philippines.
Fax: +63 2 911 6213
E-mail: osnd@philonline.com
4. Mr. Raul M. Gonzalez
Secretary
Department of Justice
Padre Faura St., Manila, Philippines.
Fax: +63 2 521-1614
Email: sad@doj.gov.ph
5. Dr. Purificacion Valera Quisumbing
Chairperson, Commission on Human Rights
SAAC Bldg., UP Complex
Commonwealth Avenue
Diliman, Quezon City
Philippines
Fax: +63 2 929 0102
Email: drpvq@chr.gov.ph
6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
7. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Att: Melinda Ching Simon
Room 1-040
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
