28.11.03
Urgent Interventions
Philippines: torture and extra-judicial executions by the Army
Case PHL 281103 / PHL 281103.CC
URGENT APPEAL/CHILD CONCERN
Arbitrary and incommunicado detention / Torture / Extra-judicial execution
The International Secretariat of OMCT requests your URGENT intervention in the following situations in the Philippines.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Alliance for the Advancement in People’s Rights (KARAPATAN), a member of the OMCT network, of several cases of illegal detention, torture and extra-judicial executions committed by the Army of the Philippines. The first incident took place in San Dinisio Maddela, Quirino, Isabela, and the second in Silio Pasto, Sani Isidrio, Mabini, Bohol, Philippines. Both cases are related to the fight against the New Peoples Army (NPA) rebel group.
According to the information received, 5 youths (including a child) - Leon Punzillan (16 year old), Joana Marie Anacan (19), Melchor Santos (23), Jasmin Agbauag (20), and Marcelo Tumbali (20) were detained after an alleged encounter on November 10th between the NPA and members of the 52nd and 53rd Infantry Battalion of the Philippine Army (IBPA), under the command of Col. Rosete's 502nd Brigade. They were brought to a military base called Camp Melchor, where a team of human rights defenders and the victims' families attempted to visit them. It was difficult for them to get access to the detainees and they were threatened and had to wait for a long time before seeing the youths. They did not get to see 16-year old Leon until November 25th.
On November 12th, KARAPATAN was informed that Joana and Melchor were injured and had been brought to the camp’s military hospital. At 11:00 am, they visited Joana, who had a hip injury. During the visit, they were constantly disturbed by unknown men in plain clothes who took pictures of them. The team was also allowed to talk to Melchor at 4:00 pm. He had reportedly been severely tortured and was forced into admitting that he was a rebel. The team also wanted to visit Jasmin that day, but they were told that she had been brought to the Philippine National Police (PNP) in Echague and was then going be transferred to he PNP in Maddela. Jasmin, however had remained in the camp throughout.
On November 13th, Jasmin's father was able to talk to her, and she told him that she had been held in solitary detention since she being brought to the camp on November 10th and that she had only been allowed out of her cell on one occasion. Joana's parents were also allowed talk to their daughter (at the military hospital), but they were guarded by soldiers during the visit. She told them that the military forced had her to sign a waiver indicating that the detainees were requesting to be detained indefinitely at the camp. No information was available concerning Leon and Marcelo at this time.
On November 15th, Melchor claimed to have seen Marcelo in the camp, with bruises all over his body. The next day, Marcelo was allowed to meet with his father and stated that he had been tortured by soldiers. On November 17th, he was again placed into incommunicado detention and the military said that he would be transferred far away and charged. 16-year old Leon was finally allowed to see his parents on November the 25th., but they were guarded by soldiers during their meeting.
The five detainees were reportedly charged on November 19th for “illegal possession of firearms and explosives” and “direct assault”. It was also reported that a "directive" would enable Colonel Rosete to have custody over them during the time of investigation. The detainees have still not been brought before a court and remain at the camp, with access to the lawyers and their families often being obstructed.
Separately, at around 2:00 am on November 19th, 8 members of the NPA came to the Asas family house in Silio Pasto, San Isidro, Mabini, Bohol to drink water. They were then invited by Martiniano Asas to spend the rest of the night there. At 5:30 AM, when the NPA members were leaving the house, soldiers from the Philippines Army’s "Alpha Company" opened fire on the house. Martiniano's wife Bebiana and 2 of their 4 children were injured: Bebiana received a wound to the stomach and her sons Junrey and Marvin were hit in the shoulder and head respectively. After an exchange of fire lasting around 30 minutes, the family was interrogated by soldiers. Others went to the back of the house, where they saw two injured NPA members, with arms raised in surrender. The soldiers reportedly stood over the men, Ronilo Cabacoy (20) and Buenaventurado Potane (42), and shot them. They later justified their acts by saying that they had to ensure that the rebels were not just playing dead. The soldiers then ordered Martiniano’s son Jerry (20) to carry off the bodies on his cart towards the town centre.
The International Secretariat of OMCT is gravely concerned by these serious human rights violations and urges the authorities to: guarantee the physical and psychological integrity of all concerned persons under all circumstances; to launch an impartial investigation into the circumstances of these events, in order to bring perpetrators to justice; and to award reparations to the victims and their families.
OMCT recalls that the Philippines signed the Universal Declaration on Human Rights and are a state party to the major Human Rights instruments such as the Convention on the Rights of the Child which establishes minimum guarantees for detained children in its Arts. 37 and 40. The Philippines are also party to the International Covenant On Civil and Political Rights which states in its Art. 6 (1), that “no one shall be arbitrarily deprived of his life” and to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment which prohibits torture under all circumstances.
Action requested
Please write to the authorities in Philippines urging them to:
i. guarantee the physical and psychological integrity of the detainees, guarantee them access to family visits, appropriate medical assistance and legal representation, and immediately bring them before a competent and impartial civilian court;
ii. order a thorough and impartial investigation into the circumstances of these events, in order to bring the responsible to trial and apply the penal and/or administrative sanctions as provided by law;
iii. provide adequate reparation to the afore-mentioned victims and the families of the deceased;
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, Office of the President, Republic of the Philippines, New Executive Building, Malacañang, Palace Compound, J.P. Laurel St., San Miguel, Manila, Philippines. Fax no.: +632 929 3968, Email: opnet@ops.gov.ph or corresp.gov.ph
· General Narciso L Abaya, Chief of Staff, Armed Forces of the Philippines, Camp Emilio Aguinaldo, Quezon City, Philippines. Fax: +632 911 7783 / 911 7953
· Angelo T. Reyes, Secretary, Department of National Defense, Camp General, Aguinaldo, Quezon City, Philippines. Fax: +632 911 6213, Email: osnd@philoneline.com
· Hon. Teresita Deles, Presidential Adviser on the Peace Process, 7F Agustin Building, Emerald Avenue, Pasig City, Philippines, Fax: +632 638 2216
· Hon. Simeon Datumanong, Secretary, Department of Justice, DOJ Bldg., Padre Faura, 1004, Manila, Philippines. Fax: +632 521 1614, Email: sechbp@info.com.ph
· Hon. Purificacion Valera Quisumbing, Chairperson, Commission on Human Rights, SAAC bldg., UP complex, Commonwealth Avenue, Diliman, Quezon City, Philippines, Fax: +632 929 0102, Email: apnr@chr.gov.ph or hrnow@yahoo.com
· Loretta Ann Rosales, House of Representatives, Chairman Comm. On Civil/Political Rights, Fax: +632 931 6288, Email: conglapr@nsclub.net
· Ambassadeur Samuel T. Ramel, Av. Blanc 47, CH-1202, Genève, Suisse. E-mail: philippine.mission@ties.itu.int, Fax: +41 22 716 19 33
Please also write to the embassies of the Philippines in your respective country.
Geneva, November 28th, 2003.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
URGENT APPEAL/CHILD CONCERN
Arbitrary and incommunicado detention / Torture / Extra-judicial execution
The International Secretariat of OMCT requests your URGENT intervention in the following situations in the Philippines.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Alliance for the Advancement in People’s Rights (KARAPATAN), a member of the OMCT network, of several cases of illegal detention, torture and extra-judicial executions committed by the Army of the Philippines. The first incident took place in San Dinisio Maddela, Quirino, Isabela, and the second in Silio Pasto, Sani Isidrio, Mabini, Bohol, Philippines. Both cases are related to the fight against the New Peoples Army (NPA) rebel group.
According to the information received, 5 youths (including a child) - Leon Punzillan (16 year old), Joana Marie Anacan (19), Melchor Santos (23), Jasmin Agbauag (20), and Marcelo Tumbali (20) were detained after an alleged encounter on November 10th between the NPA and members of the 52nd and 53rd Infantry Battalion of the Philippine Army (IBPA), under the command of Col. Rosete's 502nd Brigade. They were brought to a military base called Camp Melchor, where a team of human rights defenders and the victims' families attempted to visit them. It was difficult for them to get access to the detainees and they were threatened and had to wait for a long time before seeing the youths. They did not get to see 16-year old Leon until November 25th.
On November 12th, KARAPATAN was informed that Joana and Melchor were injured and had been brought to the camp’s military hospital. At 11:00 am, they visited Joana, who had a hip injury. During the visit, they were constantly disturbed by unknown men in plain clothes who took pictures of them. The team was also allowed to talk to Melchor at 4:00 pm. He had reportedly been severely tortured and was forced into admitting that he was a rebel. The team also wanted to visit Jasmin that day, but they were told that she had been brought to the Philippine National Police (PNP) in Echague and was then going be transferred to he PNP in Maddela. Jasmin, however had remained in the camp throughout.
On November 13th, Jasmin's father was able to talk to her, and she told him that she had been held in solitary detention since she being brought to the camp on November 10th and that she had only been allowed out of her cell on one occasion. Joana's parents were also allowed talk to their daughter (at the military hospital), but they were guarded by soldiers during the visit. She told them that the military forced had her to sign a waiver indicating that the detainees were requesting to be detained indefinitely at the camp. No information was available concerning Leon and Marcelo at this time.
On November 15th, Melchor claimed to have seen Marcelo in the camp, with bruises all over his body. The next day, Marcelo was allowed to meet with his father and stated that he had been tortured by soldiers. On November 17th, he was again placed into incommunicado detention and the military said that he would be transferred far away and charged. 16-year old Leon was finally allowed to see his parents on November the 25th., but they were guarded by soldiers during their meeting.
The five detainees were reportedly charged on November 19th for “illegal possession of firearms and explosives” and “direct assault”. It was also reported that a "directive" would enable Colonel Rosete to have custody over them during the time of investigation. The detainees have still not been brought before a court and remain at the camp, with access to the lawyers and their families often being obstructed.
Separately, at around 2:00 am on November 19th, 8 members of the NPA came to the Asas family house in Silio Pasto, San Isidro, Mabini, Bohol to drink water. They were then invited by Martiniano Asas to spend the rest of the night there. At 5:30 AM, when the NPA members were leaving the house, soldiers from the Philippines Army’s "Alpha Company" opened fire on the house. Martiniano's wife Bebiana and 2 of their 4 children were injured: Bebiana received a wound to the stomach and her sons Junrey and Marvin were hit in the shoulder and head respectively. After an exchange of fire lasting around 30 minutes, the family was interrogated by soldiers. Others went to the back of the house, where they saw two injured NPA members, with arms raised in surrender. The soldiers reportedly stood over the men, Ronilo Cabacoy (20) and Buenaventurado Potane (42), and shot them. They later justified their acts by saying that they had to ensure that the rebels were not just playing dead. The soldiers then ordered Martiniano’s son Jerry (20) to carry off the bodies on his cart towards the town centre.
The International Secretariat of OMCT is gravely concerned by these serious human rights violations and urges the authorities to: guarantee the physical and psychological integrity of all concerned persons under all circumstances; to launch an impartial investigation into the circumstances of these events, in order to bring perpetrators to justice; and to award reparations to the victims and their families.
OMCT recalls that the Philippines signed the Universal Declaration on Human Rights and are a state party to the major Human Rights instruments such as the Convention on the Rights of the Child which establishes minimum guarantees for detained children in its Arts. 37 and 40. The Philippines are also party to the International Covenant On Civil and Political Rights which states in its Art. 6 (1), that “no one shall be arbitrarily deprived of his life” and to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment which prohibits torture under all circumstances.
Action requested
Please write to the authorities in Philippines urging them to:
i. guarantee the physical and psychological integrity of the detainees, guarantee them access to family visits, appropriate medical assistance and legal representation, and immediately bring them before a competent and impartial civilian court;
ii. order a thorough and impartial investigation into the circumstances of these events, in order to bring the responsible to trial and apply the penal and/or administrative sanctions as provided by law;
iii. provide adequate reparation to the afore-mentioned victims and the families of the deceased;
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, Office of the President, Republic of the Philippines, New Executive Building, Malacañang, Palace Compound, J.P. Laurel St., San Miguel, Manila, Philippines. Fax no.: +632 929 3968, Email: opnet@ops.gov.ph or corresp.gov.ph
· General Narciso L Abaya, Chief of Staff, Armed Forces of the Philippines, Camp Emilio Aguinaldo, Quezon City, Philippines. Fax: +632 911 7783 / 911 7953
· Angelo T. Reyes, Secretary, Department of National Defense, Camp General, Aguinaldo, Quezon City, Philippines. Fax: +632 911 6213, Email: osnd@philoneline.com
· Hon. Teresita Deles, Presidential Adviser on the Peace Process, 7F Agustin Building, Emerald Avenue, Pasig City, Philippines, Fax: +632 638 2216
· Hon. Simeon Datumanong, Secretary, Department of Justice, DOJ Bldg., Padre Faura, 1004, Manila, Philippines. Fax: +632 521 1614, Email: sechbp@info.com.ph
· Hon. Purificacion Valera Quisumbing, Chairperson, Commission on Human Rights, SAAC bldg., UP complex, Commonwealth Avenue, Diliman, Quezon City, Philippines, Fax: +632 929 0102, Email: apnr@chr.gov.ph or hrnow@yahoo.com
· Loretta Ann Rosales, House of Representatives, Chairman Comm. On Civil/Political Rights, Fax: +632 931 6288, Email: conglapr@nsclub.net
· Ambassadeur Samuel T. Ramel, Av. Blanc 47, CH-1202, Genève, Suisse. E-mail: philippine.mission@ties.itu.int, Fax: +41 22 716 19 33
Please also write to the embassies of the Philippines in your respective country.
Geneva, November 28th, 2003.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.