Philippines: Arbitrary arrest, detention and torture of Mr. Sanguinlao

Case PHL 280206

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 Mr. Emmanuel Olinan Saguinlao (24) by combined elements of the Police and Military under the 8th Infantry Battalion of the Philippine Army (PA), on 14 January 2006, within the port area in Balingasag town, Misamis Oriental.

According to the information received, at about 5.00 pm on 14 January 2006, Mr. Saguinlao, an alleged member of the New People’s Army (NPA), was waiting at the seaport for a comrade when three men wearing plainclothes approached him. They grabbed his arms and aimed their .45 caliber pistols at him. Shortly after, three other men arrived, wearing fatigue uniforms, who also pointed their rifles at him. Mr. Saguinlao was searched and a .45 caliber pistol and his cell phone were taken from him. He was then taken to the police station for interrogation until 9.00 pm after which he was brought
to the Battalion headquarter of 8th IB in Claveria, Misamis Oriental.

At the headquarter, he was allegedly handcuffed, punched twice in his stomach and chest, and slapped in the face every time military personnel came closer to him. Also, cellophane was wrapped around his head. Mr. Saguinlao reported that he was forced under torture to admit participation in the killing of a barangay official in Gingoog City. The interrogation went on until 4.00 am, on 15 January 2006. At 6.00 am, the interrogation resumed for another hour. Mr. Saguinlao reported that he was again tortured. The next morning, on 16 February 2006, he was brought to Camp Evangelista in Cagayan de Oro City for a medical check-up.

According to the information received, Mr. Sanguinlao was charged on 17 February 2006 with both “illegal possession of firearms” and with the “murder of the barangay official in Gingoog City”. At 9.00 pm that same day, he was brought to Misamis Oriental Provincial Jail in Cagayan de Oro City, were he is still being detained.

Although his bail for the charges of illegal possession of firearms was paid by his family on 27 January 2006, he was not released, as charges for the murder remained pending.

Action requested

Please write to the authorities in the Philippines urging them to:
i. Ensure the physical and psychological integrity of Mr. Emmanuel Olinan Saguinlao;
ii. Order the immediate release of Mr. Emmanuel Olinan Saguinlao 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;
iii. Order a thorough and impartial investigation into these events, 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;
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:

• Mrs. Gloria Macapagal-Arroyo, President of the Republic of the Philippines, New Executive Building, Malacañang Palace Compound, J.P. Laurel St., San Miguel, Manila, Philippines, Fax: +632 735 6192; +632 736 1010; Email: opnet@ops.gov.ph; corres@op.gov.ph
  
• Secretary Avelino Cruz Jr., Department of National Defense, 3rd Floor, DND Building, Camp Aguinaldo, EDSA, Quezon City, Philippines, Fax: +632 911 6213, Email: sndcruz@dnd.gov.ph; ajcruz@dnd.gov.ph
  
  
• Hon. Raul M. Gonzalez, Secretary, Department of Justice, Padre Faura Street, 1004, Manila, Philippines, Telefax: +632 521-1614, Email: sad@doj.gov.ph
  
  
• Hon. Purificacion Valera Quisumbing, Chairperson, The Commission on Human Rights, SAAC Building, Commonwealth Avenue, U.P. Complex, Diliman, Quezon City, Philippines, Fax: +632 929-0102, Email: drpvq@chr.gov.ph
  
  
• Arturo C. Lomibao, Police Director General, Chief, Philippine National Police, National Headquarters, PNP Camp Crame, Quezon City, Philippines, Tel: +632 726-4361/726-4366/726-4329 Fax: +632 724-8763
  
  
• Hon. Loretta Ann Rosales, Chairperson of the Committee on Human Rights, House of Representatives, Batasan Hills, Quezon City, Philippines, Telefax: +632 931 6288, Email: conglapr@nsclub.net
  
  
• Hon. Francis Pangilinan, Senator, The Senate, Rm. 526 GSIS Bldg., Financial Center, Roxas Blvd., Pasay City, Philippines, Fax: +632 552-6747, Email: kilosko2004@yahoo.com
  
  
• Ambassador Enrique A. Manalo, Permanent Mission of the Philippines to the United Nations in Geneva, Avenue Blanc 47, 1202 Geneva, Switzerland, Fax: +41 (0)22 716 19 32, Email: mission.philippines@ties.itu.in

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

***
Geneva, February 28, 2006

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