Enforced disappearance of Mr. Jeric Gaviola Alison in Central Luzon_Fear for his safety

Arbitrary arrest/ Allegations of torture and ill-treatment/ Enforced disappearance/ Fear for the safety

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in the Philippines.

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source and the Philippine Alliance of Human Rights Advocates (PAHRA), a member of OMCT SOS-Torture Network, about the arbitrary arrest and subsequent enforced disappearance of Mr. Jeric Gaviola Alison, 21 years old, residing in Bangcal, Guagua, Pampanga, Central Luzon, by alleged members of the Philippine Army.

According to the information received, on 18 August 2010, Mr. Jeric Gaviola Alison, who was visiting his father in Sto. Cristo, Guaga, was about to leave at around midnight when he received a text message from a woman he apparently knew asking him to meet her in front of the Barangay Hall in St. Cristo, Guagua, Pampanga.

At the mentioned place, Mr. Jeric Gaviola Alison met the woman. A witness to the scene reportedly heard Mr. Jeric Gaviola Alison saying “so you also have brought with you a van”. A few minutes later, two armed men coming from the van allegedly approached Mr. Jeric Gaviola Alison, pointed a gun at him and forcibly took him. Then they forced Mr. Jeric Gaviola Alison into the van and, along with the aforementioned woman, they fled in an unknown direction.

According to the same information, on 19 August 2010 between noon and 1pm, Mr. Jeric Gaviola Alison’s wife received a phone call from her husband’s cell phone. Another man on the phone told her “be quiet, we will be going to your house, there should be no media people, no human rights people and anybody else that should be present except only those people in your house”. At around 2pm on that same day, several armed men wearing civilian clothes aboard a white van with plate “Lost Plate 671” arrived at the family house in Bangcal. Three armed men along with Mr. Jeric Gaviola Alison entered the house while the other men stayed inside the van. The three armed men allegedly said to Mr. Jeric Gaviola Alison’s family (were present in the house Mr. Jeric Gaviola Alison’s wife, her parents and Mr. Jeric Gaviola Alison’s mother) that they needed to hold Mr. Jeric Gaviola Alison because a criminal case was opened against him (however they did not give any information on the alleged criminal case) and that they wanted to help him. They also reportedly said to the family not to tell anybody and that if people would ask about Mr. Jeric Gaviola Alison’s whereabouts, the family should answer that he had already showed up. It is reported that two of the armed men introduced themselves as “Roel Vergara” from the Philippine Army[1] and “Rex”. They also gave their respective cell phone numbers (“Roel Vergara” cell phone number +639228018264 and “Rex” cell phone number +639214603637). Before leaving, the armed men reportedly said that they would get in touch with family.

According to the same information, Mr. Jeric Gaviola Alison’s wife was able at a certain moment to approach her husband. He had remained silent and seemed in pain. He reportedly asked his wife for water informing her that he had not received any drinking water since his abduction. When she helped him put on a fresh T-shirt, she reportedly saw marks on his wrist and a wound in his chest. Mr. Jeric Gaviola Alison was allegedly moaning out of pain when putting on the T-shirt.

On 21 August 2010, at about 8:30am, Mr. Jeric Gaviola Alison’s wife had a last phone contact with her husband. Mr. Jeric Gaviola Alison was reportedly crying and asking for help. When his family asked “Roel Vergara” to allow a visit, this latter reportedly said that Mr. Jeric Gaviola Alison was held in a distant place and that the family should wait. Mr. Jeric Gaviola Alison has since remained disappeared.

There have been recently an increased militarization and intensified counter-insurgency operations in Central Luzon, particularly in Zambales, Bataan and Pampanga, which have been accompanied by widespread human rights violations, including enforced disappearances.

The International Secretariat of OMCT is gravely concerned about the safety of Mr. Jeric Gaviola Alison as his whereabouts remain unknown. OMCT fears that he may be subjected to further torture, other ill-treatment and/or extra-judicial killing. Accordingly, OMCT urges the authorities to guarantee his physical and psychological integrity, at all times, in accordance with international law, in particular the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights.

OMCT wishes to recall that, in its Conclusions and Observations, issued after examining the Philippines’ report in May 2009, the Committee against Torture had expressed its grave concern “(…) at reports that, although the total number of killings has declined significantly, such killings as well as enforced disappearances continue” and had therefore recommended to the State party “To take effective steps to investigate promptly, effectively and impartially all allegations of involvement of members of law enforcement agencies in extrajudicial killing and enforced disappearances. (…)”[2].

OMCT is also gravely concerned about the allegations that Mr. Jeric Gaviola Alison was tortured and ill-treated during the first hours of his abduction. In this regard, OMCT recalls that the Committee against Torture also recommended that “As a matter of urgency, the State party should take immediate steps to prevent acts of torture and ill-treatment throughout the country (…)” and “As part of this, the State party should implement effective measures promptly to ensure that all detainees are afforded, in practice, all fundamental legal safeguards from the very outset of their detention. (…)”[3].

Actions Requested

Please write to the authorities in the Philippines urging them to:

1. Immediately locate the whereabouts of Mr. Jeric Gaviola Alison;
2. Guarantee, in all circumstances, his physical and psychological integrity;
3. Grant Mr. Jeric Gaviola Alison unconditional access to a lawyer of his choice and his family, as well as guarantee that he is examined by independent doctors and receives adequate medical care, in accordance, inter alia, the UN Standard Minimum Rules for the Treatment of Prisoners;
4. Order the immediate release of Mr. Jeric Gaviola Alison in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him promptly before an impartial, independent and competent tribunal and guarantee his procedural rights at all times;
5. Call upon the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the aforementioned facts, in particular the enforced disappearance of Mr. Jeric Gaviola Alison, in accordance with international human rights standards, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
6. Ensure that adequate, effective and prompt reparation, including adequate compensation, is granted to the victim concerned;
7. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• His Excellency Benigno Simeon C. Aquino III, President, Malacanang Palace, JP Laurel St., San Miguel, Manila, Philippines, Fax: +632 736 1010, Email: corres@op.gov.ph /opnet@ops.gov.ph
• The Commissioner Commission on Human Rights SAAC Bldg., Commonwealth Avenue, U.P. Complex, Diliman, Quezon City, The Philippines, Fax: +63 2 929 0102, E-mail: mtm_rodulfo@yahoo.com
• Deputy Director General Jesus A. Verzosa, Chief, Philippine National Police (PNP), Camp General Rafael Crame, Quezon City, The Philippines, Fax: +63 2724 8763, E-mail: ruth_cossid@yahoo.com
• Mrs. Leila de Lima, Secretary, Department of Justice (DOJ), DOJ Bldg., Padre Faura, 1004 Manila, The Philippines, Fax: +63 2 521 1614, E-mail: raulgonzalez_doj@yahoo.com
• Mr. Emilio Gonzalez, 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, The Philippines, Fax: +63 2 926 8747
• Permanent Mission of the Philippines to the United Nations in Geneva, 47 Avenue Blanc, 1202 Geneva, Switzerland, Fax: +41 22 716 19 32, Email: mission.philippines@ties.itu.int

Please also write to the embassies of the Philippines in your respective country.

Geneva, 27 August 2010

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

[1] According to the information received, the 703rd Infantry Battalion Philippine Army, which is under the command of the 7th Infantry Division, is present in Pampanga. There are also seven intelligence units of the Armed Forces of the Philippines (AFP) and the Philippine National Police operating in the region. It is noteworthy that the mentioned “Roel Vergara” is known in other cases of alleged torture and illegal arrests in the region.

[2] (CAT/C/PHL/CO/2 § 8).

[3] (CAT/C/PHL/CO/2, § 7).