Philippines
02.06.05
Urgent Interventions
Philippines: Arbitrary arrest, detention and torture of four farmers by Philippine Army
Case PHL 020605
Arbitrary Arrest / Detention / Torture
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 the Task Force Detainees of the Philippines (TFDP), a member of the OMCT network, of the arbitrary arrest, detention and torture of four farmers, Mr. Adreano Otida (39), Mr. Joseph Otida (24), Mr. Malaquias Sampan Jr. (45), Mr. Joshua Bustillo (28), by members of the 60th Infantry Battalion of the Philippine Army.
According to the information received, at about 7.00 am on April 1, 2005, the four men were on their way home, after spending the previous day helping a relative of Adreano Otida harvest corn, when they were stopped by about 10 men wearing military uniforms. The soldiers questioned them about why they were in the area but when the farmers provided an explanation it was ignored. Instead, the military officers accused them of being rebels.
The four men were then arrested and taken to Barangay Kilading village were the officers asked the residents if they recognized the men. The residence identified them as local farmers, however, the officers ignored this identification. At about 2.00 pm, the officers took the four men to the 60th IB Detachment where they were interrogated, forced to admit they were members of a rebel group named the New Peoples Army, and coerced into confessing the whereabouts of their supposed comrades. At 4.00 pm, the men were transferred to the 60th IB Camp in Doña Andrea, Asuncion, Daveo del Norte where they were blindfolded, placed in a detention cell and mauled. On April 11, the men were taken to Laak Jail. Before being transferred on April 13 to the Compostela Valley Provincial Jail in Tagum City, the four men were taken to Laak Municipal Hospital for medical examinations. Medical certificates were issued for all men stating that they were in “good condition”, however, the doctor did not conduct any examinations before preparing the certificates. All four men remain in the Compostela Valley Provincial Jail.
According to the information received, while in the detention cell, Adreano Otida claims that he was punched on the right side of his body, chest and abdomen several times. Joseph Otida was forced to lie on the ground after which time the officers kicked him in the face, his back was stamped on several times, his arms were twisted behind his back, and a gun was fired close to his right ear. While in detention, he was also punched in the abdomen several times. While in the detention cell, Malaquais Sampan Jr. stated he was punched in his chest several times, hit with a riffle butt on his chest, the left side of his body and legs were hit with a hard object, and his feet were hit with a large stone. While in the detention cell, Joshua Bustillo stated that he was punched in his chest and stomach.
According to the information received, all four men were tortured for the first four days of their 10-day detention at the camp. During the time at the camp, the mens’ families inquired about their whereabouts and the military denied that they were being detained in the camp. When TFDP interviewed the men in jail, traces of abuse were apparent.
Action requested
Please write to the authorities in the Philippines urging them to:
i. Ensure the physical and psychological integrity of Mr. Adreano Otida, Mr. Joseph Otida, Mr. Malaquias Sampan Jr., and Mr. Joshua Bustillo;
ii. Ensure that adequate medical assistance is provided as a matter of urgency to all persons who require it;
iii. Order the immediate release of these four men in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iv. Order a thorough and impartial investigation into the arbitrary detention and torture of all four detainees, in order to identify all those responsible, bring them to trial and apply to them the civil, penal and/or administrative sanctions provided by law;
v. Guarantee that adequate reparation is provided to the victims;
vi. 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, June 2nd 2005
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary Arrest / Detention / Torture
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 the Task Force Detainees of the Philippines (TFDP), a member of the OMCT network, of the arbitrary arrest, detention and torture of four farmers, Mr. Adreano Otida (39), Mr. Joseph Otida (24), Mr. Malaquias Sampan Jr. (45), Mr. Joshua Bustillo (28), by members of the 60th Infantry Battalion of the Philippine Army.
According to the information received, at about 7.00 am on April 1, 2005, the four men were on their way home, after spending the previous day helping a relative of Adreano Otida harvest corn, when they were stopped by about 10 men wearing military uniforms. The soldiers questioned them about why they were in the area but when the farmers provided an explanation it was ignored. Instead, the military officers accused them of being rebels.
The four men were then arrested and taken to Barangay Kilading village were the officers asked the residents if they recognized the men. The residence identified them as local farmers, however, the officers ignored this identification. At about 2.00 pm, the officers took the four men to the 60th IB Detachment where they were interrogated, forced to admit they were members of a rebel group named the New Peoples Army, and coerced into confessing the whereabouts of their supposed comrades. At 4.00 pm, the men were transferred to the 60th IB Camp in Doña Andrea, Asuncion, Daveo del Norte where they were blindfolded, placed in a detention cell and mauled. On April 11, the men were taken to Laak Jail. Before being transferred on April 13 to the Compostela Valley Provincial Jail in Tagum City, the four men were taken to Laak Municipal Hospital for medical examinations. Medical certificates were issued for all men stating that they were in “good condition”, however, the doctor did not conduct any examinations before preparing the certificates. All four men remain in the Compostela Valley Provincial Jail.
According to the information received, while in the detention cell, Adreano Otida claims that he was punched on the right side of his body, chest and abdomen several times. Joseph Otida was forced to lie on the ground after which time the officers kicked him in the face, his back was stamped on several times, his arms were twisted behind his back, and a gun was fired close to his right ear. While in detention, he was also punched in the abdomen several times. While in the detention cell, Malaquais Sampan Jr. stated he was punched in his chest several times, hit with a riffle butt on his chest, the left side of his body and legs were hit with a hard object, and his feet were hit with a large stone. While in the detention cell, Joshua Bustillo stated that he was punched in his chest and stomach.
According to the information received, all four men were tortured for the first four days of their 10-day detention at the camp. During the time at the camp, the mens’ families inquired about their whereabouts and the military denied that they were being detained in the camp. When TFDP interviewed the men in jail, traces of abuse were apparent.
Action requested
Please write to the authorities in the Philippines urging them to:
i. Ensure the physical and psychological integrity of Mr. Adreano Otida, Mr. Joseph Otida, Mr. Malaquias Sampan Jr., and Mr. Joshua Bustillo;
ii. Ensure that adequate medical assistance is provided as a matter of urgency to all persons who require it;
iii. Order the immediate release of these four men in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iv. Order a thorough and impartial investigation into the arbitrary detention and torture of all four detainees, in order to identify all those responsible, bring them to trial and apply to them the civil, penal and/or administrative sanctions provided by law;
v. Guarantee that adequate reparation is provided to the victims;
vi. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses:
- H.E. Gloria Macapagal-Arroyo, President of the Republic of the Philippines,
Malacañang Palace, J.P. Laurel St., San Miguel, Manila, Philippines
Fax: (+632) 2929 3968; Email:corres@op.gov.ph / opnet@ops.gov.ph - Hon. Purificacion Quisumbing, Commissioner, Commission on Human Rights, SAAC Bldg., Commonwealth Avenue, U.P. Complex, Diliman, Quezon City
Fax: +63 2929 0101/928 0848; Email: drpvq@chr.gov.ph - Atty. Alberto Sipaco, Commission on Human Rights, Region XI, Trinity Bldg., Quimpo Boulevard, Davao City; Telefax: +63 2983749/2982233
- Hon. Eduardo R. Ermita, Secretary, Department of National Defense
Room 301 DND Bldg., Camp Emilio Aguinaldo, E. de los Santos Avenue, Quezon City
Fax: +632 911 6213; Email: osnd@philonline.com
Please also write to the embassies of the Philippines in your respective country.
Geneva, June 2nd 2005
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.