[NOTICE: The AHRC have developed a new automatic letter-sending system using the “button” below. However, in this appeal, we could not include e-mail addresses of some of the Philippine authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Philippine authorities are attached below with this appeal. Thank you.] UPDATE ON URGENT
[Re: UA-251-2005: PHILIPPINES: Brutal torture of a 25-year-old man over mistaken identity in General Santos City, Mindanao; UP-014-2006: 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; UP-151-2006: Ombudsman’s failure to resolve cases of murder, extra-judicial killings and torture, prevents police and military from being charged; UP-150-2006: Commission on Human Rights’ (CHR) investigation into torture cases in General Santos City dragging]
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PHILIPPINES: Torture; A need for an impartial reinvestigation
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Dear friends,
The Asian Human Rights Commission (AHRC) deeply regrets to inform you that Haron Abubakar Buisan of General Santos City, Mindanao, Philippines, who we have earlier reported to have been illegally arrested and brutally tortured over mistaken identity by Special Weapons and Army Tactics (Swat) team and the General Santos City Police (GSCPO), is to be charged in court over the allegations taken by way of torture. (For further details please read: UA-251-2005).
By its resolution dated 28 July 2006, copies of which were made available only recently, the newly appointed state prosecutor Antonio Tagami only affirmed the resolution in to charge Mr. Buisan on 23 December 2005 by the Regional Trial Court (RTC), Branch 36. The RTC’s resolution was in connection with the victim’s petition for “habeas corpus” claiming his arrest was due to mistaken identity. The victim’s petition, however, was dismissed earlier. However, considering the decision had already been overtaken by the court’s recent order for reinvestigation on charges against the victim, the reinvestigation should have been conducted.
Instead of conducting reinvestigation on the case, prosecutor Tagami in his resolution instead quoted the RTC’s resolution on “habeas corpus” and has effectively recommended the filing of robbery with homicide charges against the victim. According to a reliable source, the reinvestigation was not and the victim’s allegations that he was brutally tortured while in police custody following his arrest have not been given consideration.
The manner of arrests and detention by elements of the General Santos City Police Office (GSCPO), in particular the Special Weapons and Tactics (SWAT) on Buisan, obviously constitutes violations of Republic Act 7438 (d), which stipulates that “extra-judicial confession shall be inadmissible as evidence in any proceeding”. This, however, have not been adequately addressed upon by the prosecutor reviewing the case.
ADDITIONAL COMMENTS:
The resolution by the prosecutor had serious implications to cases of torture pending for reinvestigation. Although the court trial has yet to decide whether or not the victim is guilty of such an offence, the prosecutor has resolved the case without conducting further reinvestigation and the fact that he has not considered the victim’s torture claims is of serious concern.
The AHRC is deeply concerned that these principles will be legally adopted by other public prosecutors, in particular on cases dealing with allegations of torture. Given the absence of an enabling law on torture in the Philippines, this principle poses serious threats and great risk of innocent torture victims being charged in court.
Buisan’s case had similarities to another case of 11 torture victims in La Trinidad, Benguet. Although the State Prosecutor of the Department of Justice (DoJ) have yet to resolve the reinvestigation which is being conducted to determine whether or not there is probable cause to charged the victims, given this latest resolution by a prosecutor in General Santos City, there now exists serious concern that these victim’s torture claims might once again not be given consideration. (Please read our previous appeals on this: UP-170-2006).
SUGGESTED ACTION:
Please write letters to concerned agencies regarding the case of Haron Abubakar Buisan. The prosecutor must be urged to reconsider his resolution unless the required reinvestigation regarding the cases, instead of only quoting the previous resolution that have been overtaken, is conducted. The alleged violation of RA 7438 (d) must be looked into and if there are sufficient proof that confession and evidence against the victims is taken by way of torture, the case must be withdrawn.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
PHILIPPINES: Prosecutor failed to look into victim’s torture claims; criminal charges of evidence taken by way of torture filed in court
Name of the victim: Haron Abubakar Buisan. He is presently detained at the General Santos City Reformatory Center (GSCRC), Barangay (village) Lanton, Apopong.
Date of his arrest and detention: 12 December 2005
Alleged perpetrators: Elements of the General Santos City Police Office (GSCPO) and its Special Weapons and Tactics (Swat) unit
Status of the case: Prosecutor has recommended the filing of charges of robbery with homicide against him in court.
I am writing to draw you attention to the case of Haron Abubakar Buisan, a torture victim presently detained at the General Santos City Reformatory Center (GSCRC).
According to the information I have received, Buisan has already been recommended to be charged with robbery with homicide at a court in General Santos City by a public prosecutor. As I acknowledge the resolution by the prosecutor on the matter, I am deeply concerned that there have been serious concerns which have not been adequately acted upon.
As you are aware, the victim’s arrest on 12 December 2005 was alleged to have been done reportedly by way of mistaken identity and he was subsequently brutally tortured while in police custody. I am aware that the Regional Trial Court (RTC), Branch 36 in General Santos City, soon after dismissed the victim’s petition for “habeas corpus” ruling that he was indeed the same person subject for arrest.
Although I acknowledge the court’s ruling dismissing the victim’s petition, I am deeply disappointed that the succeeding orders by the court to conduct further reinvestigation into the case have not be complied with accordingly. Given the recent order for reinvestigation, I understand that previous resolution, in particular the petition for “habeas corpus”, should have not been the basis of result of reinvestigation, but of the fresh investigation itself.
This, however, has not been given consideration in the process of the reinvestigation by the prosecutor that effectively recommended the filing of charges on the victim. Furthermore, I have also learned that the victim’s claims of torture and maltreatment have not been given consideration or looked into in the process of reinvestigation. Such actions obviously constitutes violation of the Republic Act 7438 (d), which stipulates that “extra-judicial confession shall be inadmissible as evidence in any proceeding”.
I therefore urged you to exhaust all means to ensure that concerns regarding the validity of the evidence taken from the victim, in particular the extra-judicial confession are thoroughly examined before proceeding on the indictment. Thus, if such a requirement has not been complied with accordingly, the case must be withdrawn. I am deeply concerned at the implications of this principle being adopted by the prosecutor–by recommending the filing of charges in the absence of adequate reinvestigation and looking into the allegations of torture–to similar cases of torture in the country.
Given the absence of an enabling law against torture in the Philippines, this principle once it becomes an accepted principle amongst the public prosecutors, poses serious consequences towards the innocent victims of torture and other victims of violations. I therefore urge your immediate and effective intervention to correct this matter to ensure the justice is served.
I trust that you take adequate action on this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
- 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
- Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
- 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
- Dr. 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
- 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
- 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
- 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)
- Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Attn: 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 INDEPENDENCE JUDGES & LAWYERS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
