Philippines
27.08.02
Urgent Interventions
Philippines: physical assaults and arbitrary arrests perptrated by the 78th Infantry Battalion
Case PHL 270802
Arbitrary arrests / Physical Assault
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) and the Asian Human Rights Commission, both members of the OMCT network, that 32-year old driver, Mr. Alex Colonia, 21-year old Mr. Vincente Garo and an unidentified man were subjected to physical assault and around thirty other persons were arbitrarily arrested by members of the 78th Infantry Battalion, on August 15th 2002 in the Philippines.
According to the information received, on August 15th 2002, the insurgent New People’s Army (NPA) ambushed the police in Brgy. Pansoy, Sogod, Cebu, injuring two policemen and a civilian. In response, the 78th Infantry Battalion, under the command of Lt. Col Jonas Sumagaysay, immediately set up checkpoints in these areas in order to capture the fleeing rebels.
According to the report, Mr. Colonia, a resident of Sitio Guinhabitan, Brgy. Bactas, Catmon, Cebu, had to fetch his mother-in-law as a Social Security System (SSS) cheque had just arrived at the Poblacion Municipal Hall and could not be released without her signature. Mr. Colonia and his mother-in-law were told that it was unsafe to leave the area due to the recent ambush against the police, as the soldiers were still looking for the rebels. However, they ignored the advice and managed to hitch a ride with an acquaintance, who was travelling to Pansoy market. When nearing the area in which the ambush had taken place, they were reportedly stopped by a group of heavily armed soldiers. The soldiers searched the vehicle without a search warrant. One of the soldiers reportedly grabbed Mr. Colonia and punched him in the chest and the soldier then proceeded to verbally harass Mr. Colonia before punching him in the stomach again.
All of the passengers were reportedly forced to face a nearby cliff’s rock wall with their hands raised in the air. According to the source, all vehicles that passed the checkpoint were searched and all passengers were treated in a similar manner. Mr. Colonia and the other passengers feared that they would be shot, as the soldiers loaded their weapons and then unexpectedly stamped their feet on the ground. According to the information received, a soldier (who can be identified by Mr. Colonia) also punched the Barangay Captain of Imburnal and choked an unidentified man from Danao city during these events. At 4p.m. the people who had been arrested were taken to the police station in Pobalcion, Sogod, following which they were released at 6p.m., with no charges having been filed against them.
According to the information received, Mr. Vincente Garo, Jr., a resident of Duterte St., Brgy. Suba, Danao City, was also physically assaulted by the soldiers as he was accompanying his brother-in-law from the market in Brgy. Pansoy. Mr. Garo and his brother-in-law were reportedly on their way home when their vehicle was stopped by a group of soldiers. A soldier reportedly choked Mr. Garo and asked him about the location of the rebels’ firearms. Mr. Garo almost fainted during the incident. The soldier then slapped him on the head and tackled him to the ground. Mr. Garo and his brother-in-law were then forced to face a rock wall with their hands in the air. Mr. Garo was not able to identify the perpetrators, as they were covering their nametags with a piece of cloth, but later learned that they were members of the 78th Infantry Battalion.
According to the information received, a councillor from Barangay Sogod reportedly arrived at the checkpoint and confirmed the identities of several other persons, who were residents of Barangay Sogod. Ten people who were not from Sogod were then taken to the police station and were released at 6p.m. following an intervention of Mayor Deo Durano.
The International Secretariat of OMCT condemns the arbitrary arrests and ill treatment to which the afore-mentioned persons were subjected by the 78th Infantry Battalion. While OMCT condemns the attacks perpetrated by the NPA, which regrettably led to the injuring of two policemen and one civilian in this case, it urges the authorities of the Philippines to ensure that civilians do not become the subject of physical assaults, ill-treatment and/or arbitrary arrests as a result of security operations stemming from these attacks.
Action Requested:
Please write to the authorities in the Philippines urging them to:
i. order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
ii. 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 Gloria Macapagal-Arroyo, President of the Philippines, Malacañang Palace, JP Laurel Street, San Miguel, Manila 1005, Fax: +632 736 1010, 832 3793
Email: pgma@compass.com.ph or opnet@ops.gov.ph
· Hon. Hernando Perez, Secretary, Department of Justice, DOJ Building, Padre Faura, Ermita, Manila 1004, Fax: +632 521 1614
· Hon. Jose C. De Venecia, Jr., Speaker of the House of Representatives, Batasan Complex, Constitution Hills,Quezon City NCR, Fax:(2) 931 5556
· Franklin M. Drilon, Senate President, Rm 606, 6th Floor, Senate of the Philippines, Roxas Blvd., Pasay City Philippines, Fax:(2) 552 6876, Email: fmd@sendrilon.org.ph
Please also write to the embassies of the Philippines your respective country.
Geneva, August 27th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrests / Physical Assault
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) and the Asian Human Rights Commission, both members of the OMCT network, that 32-year old driver, Mr. Alex Colonia, 21-year old Mr. Vincente Garo and an unidentified man were subjected to physical assault and around thirty other persons were arbitrarily arrested by members of the 78th Infantry Battalion, on August 15th 2002 in the Philippines.
According to the information received, on August 15th 2002, the insurgent New People’s Army (NPA) ambushed the police in Brgy. Pansoy, Sogod, Cebu, injuring two policemen and a civilian. In response, the 78th Infantry Battalion, under the command of Lt. Col Jonas Sumagaysay, immediately set up checkpoints in these areas in order to capture the fleeing rebels.
According to the report, Mr. Colonia, a resident of Sitio Guinhabitan, Brgy. Bactas, Catmon, Cebu, had to fetch his mother-in-law as a Social Security System (SSS) cheque had just arrived at the Poblacion Municipal Hall and could not be released without her signature. Mr. Colonia and his mother-in-law were told that it was unsafe to leave the area due to the recent ambush against the police, as the soldiers were still looking for the rebels. However, they ignored the advice and managed to hitch a ride with an acquaintance, who was travelling to Pansoy market. When nearing the area in which the ambush had taken place, they were reportedly stopped by a group of heavily armed soldiers. The soldiers searched the vehicle without a search warrant. One of the soldiers reportedly grabbed Mr. Colonia and punched him in the chest and the soldier then proceeded to verbally harass Mr. Colonia before punching him in the stomach again.
All of the passengers were reportedly forced to face a nearby cliff’s rock wall with their hands raised in the air. According to the source, all vehicles that passed the checkpoint were searched and all passengers were treated in a similar manner. Mr. Colonia and the other passengers feared that they would be shot, as the soldiers loaded their weapons and then unexpectedly stamped their feet on the ground. According to the information received, a soldier (who can be identified by Mr. Colonia) also punched the Barangay Captain of Imburnal and choked an unidentified man from Danao city during these events. At 4p.m. the people who had been arrested were taken to the police station in Pobalcion, Sogod, following which they were released at 6p.m., with no charges having been filed against them.
According to the information received, Mr. Vincente Garo, Jr., a resident of Duterte St., Brgy. Suba, Danao City, was also physically assaulted by the soldiers as he was accompanying his brother-in-law from the market in Brgy. Pansoy. Mr. Garo and his brother-in-law were reportedly on their way home when their vehicle was stopped by a group of soldiers. A soldier reportedly choked Mr. Garo and asked him about the location of the rebels’ firearms. Mr. Garo almost fainted during the incident. The soldier then slapped him on the head and tackled him to the ground. Mr. Garo and his brother-in-law were then forced to face a rock wall with their hands in the air. Mr. Garo was not able to identify the perpetrators, as they were covering their nametags with a piece of cloth, but later learned that they were members of the 78th Infantry Battalion.
According to the information received, a councillor from Barangay Sogod reportedly arrived at the checkpoint and confirmed the identities of several other persons, who were residents of Barangay Sogod. Ten people who were not from Sogod were then taken to the police station and were released at 6p.m. following an intervention of Mayor Deo Durano.
The International Secretariat of OMCT condemns the arbitrary arrests and ill treatment to which the afore-mentioned persons were subjected by the 78th Infantry Battalion. While OMCT condemns the attacks perpetrated by the NPA, which regrettably led to the injuring of two policemen and one civilian in this case, it urges the authorities of the Philippines to ensure that civilians do not become the subject of physical assaults, ill-treatment and/or arbitrary arrests as a result of security operations stemming from these attacks.
Action Requested:
Please write to the authorities in the Philippines urging them to:
i. order a thorough and impartial investigation into the circumstances of these events in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
ii. 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 Gloria Macapagal-Arroyo, President of the Philippines, Malacañang Palace, JP Laurel Street, San Miguel, Manila 1005, Fax: +632 736 1010, 832 3793
Email: pgma@compass.com.ph or opnet@ops.gov.ph
· Hon. Hernando Perez, Secretary, Department of Justice, DOJ Building, Padre Faura, Ermita, Manila 1004, Fax: +632 521 1614
· Hon. Jose C. De Venecia, Jr., Speaker of the House of Representatives, Batasan Complex, Constitution Hills,Quezon City NCR, Fax:(2) 931 5556
· Franklin M. Drilon, Senate President, Rm 606, 6th Floor, Senate of the Philippines, Roxas Blvd., Pasay City Philippines, Fax:(2) 552 6876, Email: fmd@sendrilon.org.ph
Please also write to the embassies of the Philippines your respective country.
Geneva, August 27th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.