Philippines
10.08.04
Urgent Interventions
Philippines: abuse of authority by police and military forces.
Case PHL 100804 / PHL 100804. CC
URGENT APPEAL / CHILD CONCERN
Arbitrary arrest, unlawful detention, ill-treatment, incommunicado detention
The International Secretariat of 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 Task Force Detainees of the Philippines (TFDP), a member of the OMCT network, of three cases of abuse of authority involving eleven victims, including three minors, committed by elements of the Philippine Military (PA) and Philippine National Police (PNP), in Negros Occidental, during the months of June and July 2004.
According to the information received, on 29 June 2004, at around 7 p.m., Remus Petiero, 16 years old, was watching a film at a video house in Barangay Inayawan when he was arrested by unidentified elements of the PNP from Cauayan. Counselor Pantaleon Maban, an acting Barangay captain, was among the arresting team. The police immediately apprehended Remus Petiero and took him to the police station in town.
During his detention, the minor was allegedly ill-treated by the police. He was accused of supporting the Rebolusyonariong Hukbong Bayan (RHB, or Peoples Revolutionary Army) and of participating in a robbery which had reportedly taken place the week before. During the process of manhandling the victim, the police forced him to admit who his companions were. Under fear of being harmed, Remus Petiero gave the following names: Jason Maningo, 15 years old, Rex dela Torre, 16 years old, Ruby Matti, Ernie Alvarez, Sanoy Habagat and a certain Noynoy. All of them were arrested the following day, on 30 June 2004. They were detained at the Cauayan Municipal Jail before being released on 1 July 2004 without any charges held against them. Since then, they are reportedly in hiding because they fear for their safety.
According to the same source, in a separate event, Mr. Mario Sandot, Mr. Arcadio Isogan, and Mr. Salvano Zamiranos were arrested and taken to the police station on 4 June 2004 by elements of the 11th IB Philippine Military (PA) based in La Granja, La Carlota City, Negros Occidental after they allegedly found short firearms and documents in their bags.
As the case was stated in a local newspaper, the TFDP staff immediately contacted a volunteer in La Castellana to check on the veracity of the news. Once confirmed, two staff members went to the La Castellana Police Station. The police chief however denied the three individuals were detained there. He claimed they had been released after spending one day in detention at the police station. They were later taken back to the station by the 11th IB PA for further interrogation.
TFDP staff went to report the case to the Commission on Human Rights (CHR of the Philippines) office in Bacolod City. TFDP and the CHR then collaborated in order to locate the victims. On 29 July 2004, the CHR received an information from a certain Captain Gulliver Señirez asking them to attend a press conference where the three detainees would be presented.
On 30 July 2004, the press conference was held at Camp Montelibano, Bacolod City. The three victims were freed in the presence of Barangay Captain Sali Alconera. The military however denied that the three individuals had gone missing. No charges were filed against the three men released.
Finally, in a third incident, an 18 year-old trisikad (motorized tricycle used as public transport) driver, Mr. Jomar Parcon, was arrested on 10 July 2004, in Bacolod City, by members of the PNP. Two police officers, Mr. Dennis Belandrez and Mr. Ruel Villacanas, apprehended Mr. Parcon while he was waiting for passengers at the trisikad terminal, and took him to their van where they severely manhandled him. They accused him of belonging to the Sparrow Unit, armed supporters of the CPP-NPA (Communist Party of the Philippines-New Peoples' Army). Mr. Parcon denied the charges and was subsequently released. Dr. Ely Cong examined him and confirmed that he sustained contusion and haematoma due to the beating by the police.
The International Secretariat of OMCT is gravely concerned by these recent cases of arrests, incommunicado detentions and acts of ill-treatment perpetrated on several individuals, including minors. OMCT recalls that the events described above are a clear infringement of articles 7 and 9 (1), (5) of the International Covenant on Civil and Political Rights, to which the Philippines is a state party, which state that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [and that] no one shall be subjected to arbitrary arrest or detention” and which require that “anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.” Moreover under article 37(a), (b) of the Convention on the Rights of the Child, “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment [and that] no child shall be deprived of his or her liberty unlawfully or arbitrarily.” OMCT calls upon the authorities of the Philippines to initiate an impartial investigation on these cases of abuse of authority by police and military forces in order to find those responsible for these violations of human rights and to bring them to justice.
Action requested
Please write to the authorities in the Philippines urging them to:
i. Guarantee the physical and psychological integrity of the persons mentioned above;
ii. Order a thorough and impartial investigation into the circumstances of these events, in order to bring those responsible to trial and apply the penal and/or administrative sanctions as provided by law;
iii. Provide an adequate compensation to the victims;
iv. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Please also write to the embassies of the Philippines in your respective country.
Geneva, 10 August 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
URGENT APPEAL / CHILD CONCERN
Arbitrary arrest, unlawful detention, ill-treatment, incommunicado detention
The International Secretariat of 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 Task Force Detainees of the Philippines (TFDP), a member of the OMCT network, of three cases of abuse of authority involving eleven victims, including three minors, committed by elements of the Philippine Military (PA) and Philippine National Police (PNP), in Negros Occidental, during the months of June and July 2004.
According to the information received, on 29 June 2004, at around 7 p.m., Remus Petiero, 16 years old, was watching a film at a video house in Barangay Inayawan when he was arrested by unidentified elements of the PNP from Cauayan. Counselor Pantaleon Maban, an acting Barangay captain, was among the arresting team. The police immediately apprehended Remus Petiero and took him to the police station in town.
During his detention, the minor was allegedly ill-treated by the police. He was accused of supporting the Rebolusyonariong Hukbong Bayan (RHB, or Peoples Revolutionary Army) and of participating in a robbery which had reportedly taken place the week before. During the process of manhandling the victim, the police forced him to admit who his companions were. Under fear of being harmed, Remus Petiero gave the following names: Jason Maningo, 15 years old, Rex dela Torre, 16 years old, Ruby Matti, Ernie Alvarez, Sanoy Habagat and a certain Noynoy. All of them were arrested the following day, on 30 June 2004. They were detained at the Cauayan Municipal Jail before being released on 1 July 2004 without any charges held against them. Since then, they are reportedly in hiding because they fear for their safety.
According to the same source, in a separate event, Mr. Mario Sandot, Mr. Arcadio Isogan, and Mr. Salvano Zamiranos were arrested and taken to the police station on 4 June 2004 by elements of the 11th IB Philippine Military (PA) based in La Granja, La Carlota City, Negros Occidental after they allegedly found short firearms and documents in their bags.
As the case was stated in a local newspaper, the TFDP staff immediately contacted a volunteer in La Castellana to check on the veracity of the news. Once confirmed, two staff members went to the La Castellana Police Station. The police chief however denied the three individuals were detained there. He claimed they had been released after spending one day in detention at the police station. They were later taken back to the station by the 11th IB PA for further interrogation.
TFDP staff went to report the case to the Commission on Human Rights (CHR of the Philippines) office in Bacolod City. TFDP and the CHR then collaborated in order to locate the victims. On 29 July 2004, the CHR received an information from a certain Captain Gulliver Señirez asking them to attend a press conference where the three detainees would be presented.
On 30 July 2004, the press conference was held at Camp Montelibano, Bacolod City. The three victims were freed in the presence of Barangay Captain Sali Alconera. The military however denied that the three individuals had gone missing. No charges were filed against the three men released.
Finally, in a third incident, an 18 year-old trisikad (motorized tricycle used as public transport) driver, Mr. Jomar Parcon, was arrested on 10 July 2004, in Bacolod City, by members of the PNP. Two police officers, Mr. Dennis Belandrez and Mr. Ruel Villacanas, apprehended Mr. Parcon while he was waiting for passengers at the trisikad terminal, and took him to their van where they severely manhandled him. They accused him of belonging to the Sparrow Unit, armed supporters of the CPP-NPA (Communist Party of the Philippines-New Peoples' Army). Mr. Parcon denied the charges and was subsequently released. Dr. Ely Cong examined him and confirmed that he sustained contusion and haematoma due to the beating by the police.
The International Secretariat of OMCT is gravely concerned by these recent cases of arrests, incommunicado detentions and acts of ill-treatment perpetrated on several individuals, including minors. OMCT recalls that the events described above are a clear infringement of articles 7 and 9 (1), (5) of the International Covenant on Civil and Political Rights, to which the Philippines is a state party, which state that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [and that] no one shall be subjected to arbitrary arrest or detention” and which require that “anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.” Moreover under article 37(a), (b) of the Convention on the Rights of the Child, “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment [and that] no child shall be deprived of his or her liberty unlawfully or arbitrarily.” OMCT calls upon the authorities of the Philippines to initiate an impartial investigation on these cases of abuse of authority by police and military forces in order to find those responsible for these violations of human rights and to bring them to justice.
Action requested
Please write to the authorities in the Philippines urging them to:
i. Guarantee the physical and psychological integrity of the persons mentioned above;
ii. Order a thorough and impartial investigation into the circumstances of these events, in order to bring those responsible to trial and apply the penal and/or administrative sanctions as provided by law;
iii. Provide an adequate compensation to the victims;
iv. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
- Her Excellency, President Gloria Macapagal Arroyo, Commander-in-Chief of the Armed Forces of the Philippines, New Executive Guilding, Malacanang Palace, J.P. Laurel Street, San Miguel, Metro Manila, Email: opnet@ops.gov.ph; kgma@yahoogroups.com
- Hon. Chairperson, Dr. Purificacion Quisumbing, The Commission on Human Rights, SAAC Building, Commonwealth Avenue, U.P. Complex, Diliman, Quezon City; Fax: +632 929-0102, Email: drpvq@chr.gov.ph
- Hon. Sec. Eduardo Ermita, Department of National Defense, Camp Aguinaldo, EDSA, 1110 Quezon City, Email: snd@dnd.gov.ph; sndermita@dnd.gov.ph
- Hon. Sec. Simeon Datumanong, Department of Justice, P. Faura, Ermita, Manila; Fax: +632521-1614, Email: sechbp@info.com.ph
- Hon. Sec. Teresita Deles, Office of the Presidential Advisers on the Peace Process, 7F Agustin Building, Emerald Avenue, Pasig City, Metro Manila, Fax: 632 638 2216
- The Secretariat, GRP-Monitoring Committee, 6/F Immaculate Conception Multi-Purpose Building, 71 Lantana St., Cubao, Quezon City, Email: grp_mc@myway.com
- Ambassadeur, S.E. M. Enrique A. Manalo, Av. Blanc 47, CH-1202, Genève, Suisse, E-mail : mission.philippine@ties.itu.int, Fax: +4122 716 19 32
Please also write to the embassies of the Philippines in your respective country.
Geneva, 10 August 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.