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UPDATE (Philippines): Two torture victims rearrested with 41 others on questionable charges

February 9, 2010

Tagalog

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
 
Urgent Appeal Update: AHRC-UAU-003-2010


 
9 February 2010
 
[RE: AHRC-FUA-009-2008: PHILIPPINES: Illegal arrest and detention of eight activists]
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PHILIPPINES: Two torture victims rearrested with 41 others on questionable charges

ISSUES: Torture victims; torture; right to liberty and security; arbitrary arrest and detention; human rights defenders
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STOP extrajudicial killings in the Philippines
http://www.pinoyhr.net/
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that two activists, whose illegal arrest and torture we reported in September 2008, have been rearrested and are being held in a military camp with 41 others. The two were illegally arrested together with 41 others while they were conducting training on health skills in Morong, Rizal.

UPDATED INFORMATION:

We have reported in our previous appeal (AHRC-FUA-009-2008) that Janice Javier, Franco Romeroso, 28 and Yolanda Caraig, 48, were illegally arrested and detained in September 2008. Javier and Romeroso were tortured to force to admit that they were members of a rebel group, the New Peoples' Army (NPA).

These three and five co-accused were released after Emmanuel Velasco, a provincial prosecutor in Cavite province, dismissed the charge of the illegal possession of explosives on 16 June 2009 because it had 'no probable cause to indict the respondents' (see the full text of the resolution).

However on 6 February 2010 at 6am the torture victims Javier and Romeroso and Caraig were rearrested together with 41 others at a rest house in Morong, Rizal while conducting training in health skills. The training, organised by the Community Medicine Development Foundation (COMMED) and the Council for Health and Development (CHD), was held to provide the community organisers and volunteer health personnel with skills they could use for their various communities.

Among those arrested with them were physicians Dr. Alexis Montes of COMMED and Dr. Merry Mia of the CHD; Mr. Gary Liberal, a nurse; Ms. Teresa Quinawayan, a midwife; and CHD staffs. Physicians Montes and Mia had been working with their respective NGOs for many years. All the 43 victims were blindfolded before they were taken to Camp Capinpin in Tanay, Rizal, where they are presently being arbitrarily held.

A day after their illegal arrest, on 7 February, they were subjected to inquest proceedings before a local prosecutor's office for charges of illegal possession of firearms. It was only on 8 February that they were allowed visitors. However of the 43 victims, only the relatives of eight have been allowed visits at the military camp.

Those arresting them – approximately 300 military and policemen attached to the 202nd Infantry Brigade of Armed Forces of the Philippines (AFP) and the Philippines National Police (PNP) Provincial Police Office (PPPO) of Rizal province – have claimed in various media interview that the 43 victims were alleged members of a rebel group, the New People's Army (NPA); and that the training they were conducting was for the making of explosives and not health skills.

They also claimed to have confiscated equipment to manufacture explosives and firearms, from the victims and the location of arrest. The AHRC however, is informed that none of the victims had pending arrest warrants for them, and that the search warrant that was shown did not feature the place of the arrest and search, or the name of any of those detained.

The rest house where the arrest and searches took place is owned by Dr. Melecia Velmonte, a known government physician who herself works for the infectious disease specialist of the Philippine General Hospital (PGH), a government-run hospital.

Today, on 9 February, a petition for writ of habeas corpus was filed by the two law groups who are representing the 43 victims, the National Union of People's Lawyer (NUPL) and the Public Interest Law Center (PILC), before the Supreme Court (SC).

ADDITIONAL INFORMATION:

When they were first arrested in September 2008, Javier, Romeroso and another victim, Bernardo Derain revealed how they had been tortured. An excerpt of their testimonies, which the AHRC previously published in the Philippines chapter of 2008 Human Rights Report, is presented below:

"Ms. Janice Javier (23) was hung upside down and was tortured to force her to admit that she is a member of the New People’s Army (NPA) guerrilla. Mr. Franco Romeroso's (27) nipples and testicles were squeezed when he would not answer questions. Bernardo Derain was electrocuted on the head and on his sexual organs, a hard object was inserted in his penis and a plastic bag was placed over his head. Felix Nardo (24) was also electrocuted and his head was immersed in a drum full of water. Two days later, however, they were released from police custody for lack of evidence."

SUGGESTED ACTION:
Please write letters to the concerned authorities listed below calling for their immediate intervention regarding the victim's case.

The AHRC is also writing letters to the Special Rapporteurs on the question of torture and human rights defenders and the Working Group on Arbitrary Detention.

To support this appeal, please click here:

SAMPLE LETTER:

Dear _________,

Re: PHILIPPINES: Two torture victims rearrested with 41 others over questionable charges

Name of victims:
1. Yolanda Caraig, 48 years old, community organiser for Katipunan ng Magbubukid sa Kabite (KAMAGSA-KA), a peasant organization.
2. Franco Romeroso, 28, of KAMAGSA-KA
3. Janice Javier, of KAMAGSA-KA
4. Dr. Alexis Montes of Community Medicine Development Foundation (COMMED)
5. Dr. Merry Mia of the Council for Health and Development (CHD)
6. Mr. Gary Liberal, a nurse
7. Ms. Teresa Quinawayan, a midwife
All of them and the 36 other victims whose identities are yet to be known are presently held at the Camp Capinpin, Tanay, Rizal
Alleged perpetrators: AFP Southern Luzon Command and the Rizal Philippine National Police
Date of incident: February 6, 2010 at 6am
Place of their arrest: At a farm house in Morong, Rizal

I am writing to draw your attention to the illegal arrest, detention and torture of 43 persons, seven of whom are mentioned above, by military and police officers on February 6, 2010. I am deeply concerned by the irregularities in the manner of arrest, search and filing of charges against the detainees. None of the victims had warrants pending that could have justified their arrest and detention, and the search warrants presented by police and the military bore the names of other people.

While I understand that all of the victims were subjected to an inquest proceeding on February 7 for charges relating to the possession of firearms and explosives, we have strong doubts regarding the validity of the evidence used.  The victims have also alleged that they were tortured while under interrogation and were deprived of contact with legal counsel.

According to the information I have received, only eight of the 43 victims have been allowed access to their relatives since February 8. A few days after their arrest, while in military custody, they were subjected to blindfolding and questioning, without the support of legal counsel, which amounts to torture under the country's recently enacted Anti-Torture Act of 2009.

I understand that the police and the military are obliged to enforce laws, but strongly condemn the misuse of the legal process to curtail the rights of citizens, particularly to intimidate and obstruct the work of human rights defenders and social activists, the work of whom must be protected and valued. I am aware that the Asian Human Rights Commission (AHRC) has documented numerous cases of activists who have been prosecuted with fabricated charges. Although in some cases the charges have been dismissed later by prosecutors and the judiciary, this arbitrary use of legal process by the police and military is of serious concern, and must be immediately and effectively addressed.

Please note that two of the 43 victims – Franco Romeroso and Janice Javier – were arrested, physically tortured and falsely charged in September 2008 after they were forced to claim falsely that they are members of a rebel group. A local prosecutor (in Cavite in June 2009) dismissed the firearms possession charges for lack of probable cause. Despite this, none of those responsible for their torturing and framing were ever held to account.

That these two victims and their companions are again being prosecuted with similar fabricated charges is a gross miscarriage of justice. Furthermore any evidence taken by way of torture cannot be used against the detainees in court, as decreed by the Anti-Torture Act of 2009.

I therefore urge you to immediately intervene to ensure that the victims' allegations of irregularities in their arrest and continuing detention, and their allegations of torture and fabricated charges be thoroughly investigated and dealt with according to the law. Those responsible must face legal sanctions. Once proof of torture has been established the victims must be released unconditionally for violation of the Anti-Torture Act of 2009.
Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mrs. Gloria Macapagal-Arroyo
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. Leila De Lima
Commissioner
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: mtm_rodulfo@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. Agnes Devanadera
Secretary
Department of Justice (DoJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: raulgonzalez_doj@yahoo.com

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

6. Lieutenant General Victor S. Ibrado
Chief of Staff
Armed Forces of the Philippines (AFP)
AFP-GHQ Offices, Camp Gen. Emilio Aguinaldo
Quezon City
PHILIPPINES
Fax: +63 2 911 6436
Tel: +63 2 911 6001 to 50


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

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Urgent Appeal Update
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AHRC-UAU-003-2010
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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.