Philippines: Follow-up on the arbitrary arrest of four farmers, June 2005

Case PHL 020605.1 - Follow up to case PHL 020605

Arbitrary Arrest / Detention / Torture

Geneva, 8 March 2006

The International Secretariat of OMCT requests your URGENT intervention in the following situation in the Philippines.

New information:

The International Secretariat of OMCT has been informed by the Task Force Detainees of the Philippines (TFDP), a member of the OMCT network, that four farmers, Mr. Adreano Otida (39), Mr. Joseph Otida (24), Mr. Malaquias Sampan Jr. (45), Mr. Joshua Bustillo (28), are still being detained in Provincial Jail, Compostela Valley Province, Tagum City. All four men are charged with rebellion and with the illegal possession of firearms.

Reminder of the situation:

The International Secretariat of OMCT was informed by the Task Force Detainees of the Philippines (TFDP), a member of the OMCT network, of the arbitrary arrest, detention and torture of the four above mentioned farmers by members of the 60th Infantry Battalion of the Philippine Army on 1 April 2005, at about 7.00 am. According to the information received, 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.

According to the information received, while in the detention cell, Adreano Otida claimed 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 detention. 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. 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;
iii. 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;
iv. Guarantee that adequate reparation is provided to the victims;
v. 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. Bienvenido Abante, Chairperson of the Committee on Human Rights, House of Representatives, Batasan Hills, Quezon City, Philippines, Telefax: +632 931 6288, Email: conglapr@nsclub.net
  
  
• Hon. Loretta Ann Rosales, member 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, 8 March 2006
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.