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PHILIPPINES: Torture of a utility man who was arbitrarily arrested

September 15, 2010

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

 

Urgent Appeal Case: AHRC-UAC-138-2010

 

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15 September 2010

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PHILIPPINES: Torture of a utility man who was arbitrarily arrested

 

ISSUES: Inhuman and degrading treatment; torture; arbitrary arrest and detention; fabrication of charges

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Dear friends,


The Asian Human Rights Commission (AHRC) writes to inform you that a man had been tortured while in the custody of law enforcement officers who arbitrarily arrested him. The officers did not produce an arrest order or explain to him why he was being taken into custody. The victim was taken to the headquarters, where he was tortured. Evidence was planted on him, after he was taken at gunpoint.

 

 

CASE NARRATIVE: (According to the sworn statement of the torture victim)

 

 

On April 30, 2010 at 4:40pm, Misuari Kamid, a utility man employed at the provincial government of Sarangani, was waiting for a motorcycle in Silway, Barangay (village) Dadiangas West, General Santos City. He was with two others who were together with him attending a feast earlier that day at 'Baraks', a police reservation settlement.

 

Misuari separated from his companions, who were buying grilled fish at the time, to hire a passenger motorcycle which they could take on their way home to Barangay Lagao, also in the same city. While he was waiting for a ride, he bought cigarettes from a store close to where he was waiting. A man, whom he later knew as Richard Autor, an informant of the Philippine Drug Enforcement Agency (PDEA) based in the same city, approached him and started asking him questions.

 

Richard started asking Misuari whether he is familiar with or knows the persons they were looking for living in the same area. When Misuari told him that he did not know them and that he lived in Barangay Lun Padidu, Malapatan Town, Sarangani province, not in the said area. It was during this time that Richard's companion, Intelligence Officer 3 (I03) Arce Adam, had arrived in a red car (with license plate number UED 147).

 

As IO3 Adam alighted from the vehicle he drew his firearm and pointed it at Misuari as he approached. Misuari's hands were cuffed behind his back and he was force to get inside their vehicle. When Misuari refused to go with them, IO3 Adam hit the back of his neck with the handle of the hand gun. They took Misuari to the regional headquarters of the Philippine Drug Enforcement Agency (PDEA), also in the same city.

 

In his sworn statement

Misuari stated as follows:

 

"When we reached the PDEA compound, they brought me to a cottage and I've heard Richard Autor called the PDEA agents. When they came, they took turns in hitting and boxing me. They boxed my face, left and right side of my chest, left and right thighs".

 

 

Misuari identified those who had assaulted him as Intelligence Officer 1 (IO1) Rodrick Gualisa, S02 Frederick Ocana, I01 Vincent Quilinderino, I03 Arce Adam, I01 Eleazar Arapoc, SI2 Raymund Parama and two of their informants--Luisito Epino and Richard Autor. I03 Adam told him that he should: "Aminin mo na pusher ka! (Admit that you are a drug seller)"

in between repeated blows. Misuari pleaded from them to stop assaulting him.

 

After he was assaulted, Misuari was taken to a parking lot where he saw the officers placed two plastic sachets containing illegal drugs, dried marijuana leaves or cannabis and a 500 peso bill on the ground. They then forced Misuari to kneel beside the evidence by forcibly dragging him close to it so that photographs could be taken. When he struggled against them S12 Parama struck his feet with the handle of an Armalite rifle forcing him to kneel due to the excruciating pain.

 

That evening Misuari was detained inside the detention cell of the PDEA. He was unable to sleep that evening due to excruciating pain he was suffering due to torture. The injuries that he suffered were later confirmed by the medical certificate

issued on him after he was examined by a government physician, Ma. Antoinetta Odi, on May 18, 2010.

 

On May 1, 2010 at 9am Misuari was taken to the office of the PDEA where some journalists were waiting for him. When he was presented, Misuari saw the evidence they had planted on him on a table which the officers claimed were confiscated from him.

 

Misuari is presently detained at the General Santos City Reformatory Center (GSCRC) in Barangay Apopong, of the same city.

 

 

SUGGESTED ACTION

:

Please send letters to the authorities listed below asking them to initiate an immediate investigation on the allegations of torture by the victim under the Anti-Torture Act of 2009. The victim should be released without delay because the manner of his arrest and the filing of charges against him had been arbitrary.

 

The AHRC has also written letters to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and the Working Group on Arbitrary Detention (WGAD).

 

To support this appeal, please click here: send_small.gif

 

 

SAMPLE LETTER:

 

Dear __________,

 

PHILIPPINES: Torture of a utility man who was arbitrarily arrested

 

 

Name of the victim

: Misuari Kamid, a utility man working for the provincial government of Sarangani; he is a resident of Barangay Lun Padidu, Malapatan, Sarangani Province. He is presently detained at the General Santos City Reformatory Center (GSCRC)

Alleged perpetrators

:

1. Intelligence Officer 1 (IO1) Rodrick Gualisa

2. S02 Frederick Ocana

3. I01 Vincent Quilinderino

4. I03 Arce Adam

5. I01 Eleazar Arapoc

6. SI2 Raymund Parama

7. Luisito Epino

8. Richard Autor

Nos. 1 to 6 are members of the Philippine Drug Enforcement Agency (PDEA), a unit attached to the Office of the President (OP) who has special mandate to enforce the Comprehensive Dangerous Drugs Act of 2002 (Republic Act 9165), a law relating to illegal drugs. The nos. 7 and 8 are PDEA informants.

Date of incident

: April 30, 2010

Place of incident

: Silway, Barangay (village) Dadiangas West, General Santos City

 

I am writing to draw your attention to the case of Misuari Kamid, a utility man who had been assaulted, tortured and laid with fabricated charges for illegal drugs after having been arbitrarily arrested on April 30, 2010. Misuari was tortured while in the custody of the Philippine Drug Enforcement Agency (PDEA) in General Santos City.

 

Misuari was waiting for a ride on his way home from a feast which he had attended together with two other persons when he was forcibly taken. He was buying a cigarette from a store when a PDEA informant, whom he later identified as Richard Autor, started questioning him whether he knew the person he was looking for; or, whether he is a resident of Silway, Barangay Dadiangas West, in the same city.

 

Misuari told Richard that he did not know any of the persons he was looking and that he lived in Barangay Lun Padidu, Malapatan town, Sarangani Province. This time Richard's companion, Intelligence Officer 3 (IO3) Arce Adam, who was apparently observing nearby, had come onboard a vehicle (with license plate number UED 147). When he alighted from the vehicle, he was carrying a gun with and immediately got hold of Misuari by cuffing his hand behind his back. He struck Misuari in the back of his neck when he resisted from being taken inside the vehicle. They did not explain to him why they were taking him.

 

Richard and IO3 Adam took Misuari to the PDEA headquarter, which is adjacent to the compound of the General Santos City Police Office (GSCPO), where he and his two companions had earlier come from to attend a feast. The PDEA officers started torturing him soon after arriving in their headquarters. They forced him to admit that he is a seller of illegal drugs and that the evidence of illegal drugs, dried marijuana or cannabis and the money, which they had planted on him, are his.

 

When Misuari was in the PDEA custody, all the eight persons named above took part in assaulting and torturing him. One of whom, S12 Parama, struck his feet hard with a baby armalite when he refused to kneel beside the planted evidence so as photographs of him beside the supposed evidence could be taken. When Misuari was examined by Ma. Antoinetta Odi, a government physician on May 18, 2010, she had indicated in the medical certificate that he suffered contusions.

 

I am deeply concerned by the irregularities and unlawful acts that the PDEA officers had committed in taking custody of the victim. I therefore urges for the immediate and unconditional release of the victim on the following reasons:

 

Firstly, the PDEA officers breached section 5, Rule 113 of the Revised Rules of Criminal Procedure. When they took the victim in their custody, he was not in the act of committing, about to commit or had committed a crime, which could have justified arresting him without arrest order and the subsequent filing of charges in court. The PDEA officers also did not explain to him of his right to remain silent when he was taken--which is a breach of the fundamental principle of the 'Miranda Doctrine'; and they did not explain the reason why they are taking him and nature of the charges on him.

 

Also, the charges of illegal drugs laid on him had only come out after the PDEA officers assaulted and tortured him while in their custody. They tortured him to force him to admit he was an illegal drugs seller and forced him to pose beside the illegal drugs and money that they had planted on him when they took photographs of him as part of their evidence.

 

Secondly, under the Anti-Torture Act of 2009, any evidence taken by way of torture cannot be used in any court proceedings. Thus, the evidence obtained from the victim in this case--testimony or otherwise--should have not been used in the prosecution of illegal drugs against the victim. Therefore, the victim should have not been charged and continuously held in detention because of the patent irregularities in the case.

 

I also urge you to initiate an investigation on the victim's allegations of torture under the Anti-Torture Act of 2009.

 

The criminal complaint of the victim against the PDEA officers filed on June 2, 2010 for Physical Injuries under the Revised Penal Code (RPC) and for Planting of Evidence under article 1, section 3, (cc) of the Comprehensive Dangerous Drugs Act of 2002 before the City Prosecutor's Office (CPO) should also be resolved immediately.

 

I trust that you take action on this case.

 

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PLEASE SEND YOUR LETTERS TO

:

 

1. Mr. Benigno Aquino III

President

Republic of the Philippines

Malacanang Palace

JP Laurel Street, San Miguel

Manila 1005

PHILIPPINES

Fax: +63 2 736 1010

Tel: +63 2 735 6201 / 564 1451 to 80

 

2. Ms. Loretta Ann Rosales

Commission on Human Rights

SAAC Bldg., Commonwealth Avenue

U.P. Complex, Diliman

Quezon City

PHILIPPINES

Fax: +63 2 929 0102

Tel: +63 2 928 5655 / 926 6188

E-mail: rep_lapr@yahoo.com

 

3. Deputy Director General Jesus A. Verzosa

Chief, Philippine National Police (PNP)

Camp General Rafael Crame

Quezon City

PHILIPPINES

Fax: +63 2724 8763

Tel: +63 2 726 4361/4366/8763

E-mail: ruth_cossid@yahoo.com

 

4. Ms. Leila de Lima

Secretary

Department of Justice (DOJ)

DOJ Bldg., Padre Faura

1004 Manila

PHILIPPINES

Fax: +63 2 521 1614

E-mail: soj@doj.gov.ph

 

5. Mr. Emilio Gonzalez

Deputy Ombudsman

Office of the Deputy Ombudsman for the Military

and Other Law Enforcement Offices

3rd Floor, Ombudsman Bldg., Agham Road, Diliman

1104 Quezon City

PHILIPPINES

Fax: +63 2 926 8747

Tel: +63 2 926 9032

 

Thank you.

 

Urgent Appeals Programme

Asian Human Rights Commission (ua@ahrc.asia)

 

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Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-138-2010
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.