New allegations of torture and ill-treatment by the military in Minadano

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 the Task Force Detainees of the Philippines (TFDP), a member of OMCT SOS-Torture Network, about the alleged torture and ill-treatment of Mr. Abdulbayan Guiamblang, a 53-year-old farmer from barangay Makagiling, Sultan Kudarat, Maguindanao Province, while he was detained incommunicado, by members of the 38th Infantry Battalion of Philippine Army in Maguindanao Province, Minadano.

According to the information received, on 26 February 2010 at about 4:30pm, Mr. Abdulbayan Guiamblang was flagged down by a soldier when he passed in front of the military detachment (in front of which he had been reportedly passing by every day) coming from his farm in barangay Solon, Sultan Mastura. He was brought to a nearby Purok house, where he was immediately handcuffed behind his back, his feet were attached and he was blindfolded with packing tape. He was then reportedly loaded in a military truck and brought to an unknown place (about 20min away according to his estimation). At the said place, he was interrogated. He was reportedly told that they had been looking for him for quite a time since an arrest warrant had been issued for him. He was accused of being a commander of the Moro Islamic Liberation Front (MILF), which he denied, allegedly responding only to be a member thereof.

According to Mr. Abdulbayan Guiamblang’s testimony, each time he was interrogated, the soldiers hit him several times with a bottled of water on his head. His interrogation session would have lasted until midnight and, for the night, he was reportedly handcuffed to the lower part of the door, preventing him to lay down.

According to the same information, on 27 February 2010, Mr. Abdulbayan Guiamblang was transferred to another room where he was once more interrogated about his connection to MILF. During the interrogation, he was reportedly told to face down at the table. He was asked about the number of houses he had burnt and, when he denied the alleged facts, he was reportedly called a liar and hit with a bottled of water three times on his head. The interrogation lasted one hour. He was again interrogated on 28 February, 1 and 2 March 2010; the three times he was allegedly punched. No interrogation reportedly took place on 3 March 2010. Instead, he was taken for a basic medical check-up.

It is reported that on 4 March 2010, Mr. Abdulbayan Guiamblang was allowed to take a bath and then brought before the court in Midsayap, North Cotabato. He was remanded in custody to North Cotabato Provincial Jail in Amas, Kidapawann, where he is currently detained.

Until his transfer to prison, Mr. Abdulbayan Guiamblang was reportedly not allowed to contact a lawyer or his family. Mr. Abdulbayan Guiamblang is facing a case of Frustrated Murder, criminal case no. 08-294, Attempted Murder criminal case no. 08-293, Kidnapping and Serious Illegal Detention criminal case no. 08-286, Robbery (29 counts) criminal case nos. 08-229 to 08-258 and Arson (68 counts) criminal case nos. 08-198 to 08-228 to 08-296 at the Regional Trial Court branch 18, of Midsayap North Cotabato (no further information currently available on the charges).

OMCT is gravely concerned about the safety of Mr. Abdulbayan Guiamblang given the reported ill-treatment and torture which he has been subjected to. OMCT urges the relevant authorities to take all necessary measures 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 recommended to the State party “(…) to take immediate steps to prevent acts of torture and ill-treatment throughout the country (…)” including by “(…) implementing effective measures promptly to ensure that all detainees are afforded, in practice, all fundamental legal safeguards from the very outset of their detention (…)”. (CAT/C/PHL/CO/2, § 7).

The Committee also expressed concern over “the climate of impunity for perpetrators of acts of torture, including military, police and other States officials, (…)” and accordingly recommended to the State party to “ensure that all allegations of torture and ill-treatment are investigated promptly, effectively and impartially, and that the perpetrators are prosecuted and convicted in accordance with the gravity of the acts, as required by article 4 of the Convention”. (CAT/C/PHL/CO/2, §§ 9 and 12).

Actions Requested

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

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Abdulbayan Guiamblang;
2. Grant Mr. Abdulbayan Guiamblang unconditional access to his lawyer and his family, as well as guarantee that he receives adequate medical care if necessary, in accordance, inter alia, with the UN Standard Minimum Rules for the Treatment of Prisoners;
3. Order his immediate release 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;
4. Carry out a prompt, effective, thorough, independent and impartial investigation into these events, in particular into the allegations of torture and other ill-treatment, 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, particularly under the newly–enacted Republic Act 9745 also known as the Anti-Torture Law of 2009;
5. Guarantee that no evidence obtained under torture and other forms of ill-treatment, or threats thereof, be used in court proceedings against the abovementioned individual in line with the provisions of article 15 of the Convention against Torture;
6. Ensure that an effective remedy as well as the right to full redress, including compensation and rehabilitation, is granted to the victim;
7. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Ms. Gloria Macapagal-Arroyo, President, Malacanang Palace, JP Laurel St., San Miguel, Manila, PHILIPPINES, Fax: +63 2 736 1010, Email: corres@op.gov.ph /opnet@ops.gov.ph
• Atty. Leila Delima, Chairperson, Commission on Human Rights, SSAC Bldg., Commonwealth Avenue UP Complex, Diliman, Quezon City, Philippines, Fax: +63 2 929 0102
• Atty. Quinciano V. Bueno, Regional Director, CHR, Region 12, 9506, Pascua Bldg., Arellano St., Koronadal City, Email: chr12_korcity@yahoo.com
• Hon. Avelino Razon, Presidential Adviser on the Peace Process , Office of the Presidential Adviser on the Peace Process (OPAPP), 7th Floor Agustin Building I Emerald Avenue, Pasig City 1605, Fax:+63 (2) 635 9579, Email: osec@opapp.gov.ph
• Mr. Emilio Gonzales, Deputy Ombudsman, Office of the Deputy Ombudsman for the Military and other Enforcement Offices, 3rd Floor, Ombudsman Bldg., Agham Road, Diliman, 1104, Quezon City, Fax: +63 2926 8747
• Hon. Norberto B. Gonzales, Acting Secretary, Department of National Defense (DND), Tel: +63 2911 6193/911 0488
• Secretary Alberto Agra, Acting DOJ Secretary, DOJ Bldg., Padre Faura 1004 Manila, Fax: + 63 2521 1614
• Deputy Director Genral Jesus A. Verzosa, Chief, Philippine National Police, Camp General Rafael Crame, Quezon City, Fax: +63 2724 8763, Email: ruth_cossid@yahoo.com
• 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, 30 April 2010

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