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UPDATE (Philippines): Another detainee dies in jail; 18 others at risk for lack of medical attention

September 28, 2009

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-027-2009

29 September 2009

[RE: AHRC-UAC-102-2009: PHILIPPINES: Nineteen striking workers laid with fabricated charges continuously detained]
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PHILIPPINES: Another detainee dies in jail; 18 others at risk for lack of medical attention

ISSUES: Right to health; inhuman treatment; freedom of association; right to liberty and security
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Dear Friends,

The Asian Human Rights Commission (AHRC) deeply regrets to inform that one of the 19 striking workers, held in detention on fabricated charges, has died after contracting an illness inside the jail. His health was aggravated by poor prison conditions and the lack of adequate medical attention. He is the second detainee to have died after a fellow detainee passed away a year ago.

UPDATED INFORMATION:

In our previous appeal (AHRC-UAC-102-2009), we mentioned the continued detention of the 19 striking workers in Cainta, Rizal, on fabricated charges. One of their companions, Melvic C. Lupe, has already died after contracting tuberculosis in June 2008. His illness was also aggravated by various complications.

It is appalling that anyone should die of tuberculosis today. Tuberculosis is no longer the dreaded affliction that has killed millions of people over the past decades. It has been for many years now an easily treatable disease and the fact that Lupe died of it whilst in custody speaks of the criminal neglect of the prison authorities.

On September 24, another detainee, 25-year-old Leo C. Paro, of Parang, Marikina City, died due to illness that he also contracted in jail. Prior to his death, Paro had been complaining of difficulty in breathing. The medical report, that could have explained the cause of his death, was not immediately available. Due to the typhoon in Metro Manila, there were difficulties in the access of information in the jail where the detainees are held.

Paro's death was announced on September 26, two days after he passed away. When this information reached the local group helping these workers, the Center for Trade Union and Human Rights (CTUHR), they attempted get more information about the cause of his death. However, the flooding in Metro Manila, that also affected the town where the jail is located, frustrated any efforts to obtain more information.

There are serious concerns with regard to the health of the remaining detainees. It is reported that they have not been able to obtain adequate medical attention; they receive no regular medical examinations and also lack adequate food. In our previous appeal, we have also expressed our disappointment at the corrupt practices by jail guards who steal part of the food supplied by the families of the detainees.

Also, in the aftermath of typhoon Ondoy (international name: Ketsana), there are serious concerns that their already vulnerable health condition is likely to be aggravated further. It has been announced that there are also serious concerns over the possibilities of an outbreak of disease in towns affected by the flooding. The municipality of Cainta, Rizal province, where they are held, is among the hardest-hit areas.


SUGGESTED ACTION:

Please write letters to the concerned authorities listed below asking them to conduct an investigation into the death of this detainee. Immediate action should also be taken, in particular by affording immediate medical attention, to the remaining detainees whose health and condition are continuously at risk due to poor prison conditions.

The AHRC is also writing letters to the Special Rapporteurs on the question of torture, human rights defenders and the independence of judges and lawyers.

To support this appeal, please click here:

Dear _________,

Re: PHILIPPINES: Another detainee dies in jail; 18 others at risk for lack of medical attention

Names of detainee who died:
1. Leo C. Paro, 25, single, of Parang, Marikina City. He died on September 24, 2009.
Names of others whose health is at risk:
1. Sonny M. Batuyang, 39, married, of Banaba Extension San Mateo, Rizal
2. Claro M. Claridad, 28, married, of Nangka Marikina City
3. Romeo M. Amit, 36, married, of Barangay San Isidro Taytay, Rizal
4. Leo D. Sabaten, 20, of Banaba, San Mateo, Rizal
5. Andy S. Salarson, 29, single, of Concepcion, Marikina City
6. Jessie A. Bergona, 22, ofBanaba Extention, San Mateo Rizal
7. Rodolfo D. Mendoza, 30, of Village St., Cainta, Rizal
8. Melanio A. Delovino, 29, of Villa Tupaz, San Juaquin, Pasig City
9. Renato B. Lopez, 33, of J. Pasig, Cainta, Rizal
10. Crisanto D. Sabaten, 18, of Banaba Extention, San Mateo, Rizal
11. Emuel Vergara, 25, laborer, of Fairview, Quezon City
12. Richard P. Sabuco, 27, of Abnay St., Sitro Lupang Arenda, Barangay Sta. Ana, Taytay, Rizal
13. Joseph M. Atienza, 34, of Marikina Heights, Marikina City
14. Julius S. Alcantara, 36, of Barangay San Isidro, Taytay, Rizal
15. Pulido I. Baguno, 30, of Kabisig Floodway, Cainta, Rizal
16. Bobby A. Maglay, 30, of Tomana Concepcion, Marikina City
17. Jason T. Alvarez, 22, of Loveros, Antipolo City
18. Robert B. Camagay, 23, Barangay San Isidro, Taytay, Rizal
All of them are presently detained at the Karangalan Police Station, Cainta, Rizal
Status of the case:
The charge filed against the workers for Serious Illegal Detention remains pending at the Regional Trial Court (RTC), Branch 80, in Morong, Rizal. There had been needless delays in the conclusion of the case due to, for instance, the judge taking leave of absence.

I am shocked to learn that one of the 19 detainees, who have been continuously held in detention, reportedly on fabricated charges, has died due to illness in jail. The victim, Leo Paro of Parang, Marikina City, passed away on September 24, 2009.

Paro is the second detainee to have died after becoming ill due to the poor prison conditions and lack of adequate medical attention. Prior to Paro's death, another detainee, Melvic Lupe, died from tuberculosis. His condition had also been aggravated by poor prison conditions and various complications. Paro and Lupe were physically fit and did not have these types of illnesses prior to their detention.

It is appalling that anyone should die of tuberculosis today. Tuberculosis is no longer the dreaded affliction that has killed millions of people over the past decades. It has been for many years now an easily treatable disease and the fact that Lupe died of it whilst in custody speaks of the criminal neglect of the prison authorities.

I have learned that the detention center, where they are presently held, is a small prison cell measuring about four square meters. Initially more than 20 inmates were occupying the detention cell. All of the detainees had to take it in turns to sleep due to the overcrowding.

The detainees' vulnerability from contracting illness, and diseases inside the jail and the weakening of their bodies is also aggravated by the lack of adequate food and nutrition. Not only is their food scarce, there are occasions when the food ration is served late. And even if the visiting relatives bring food for the detainees to eat, the jail guards would take some portions of the food before it reached them.

I therefore urge you to conduct an inquiry into the circumstance of Paro's death. Immediate action should also be taken, in particular to affording them immediate medical attention and food rations, to ensure their well-being. I also demand that the jail authorities, where they are continuously held, should improve their prison facilities. It is disappointing that despite the death of one of the detainees over a year ago, the death of Paro apparently illustrates the jail authority's continued failure to prevent similar deaths of the detainees who are under their custody and care.

Also, I urged Regional Trial Court (RTC) Judge Ma. Teresa Cruz San Gabriel to ensure that the hearing of the detainees' case is concluded without further delay. She should immediately conduct personal jail inspections, as required by the Section 25 Rule 114 of the Revised Rules of Criminal Procedure, to evaluate the detainees' present condition.

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. Marianito Roque
Secretary
Department of Labor and Employment (Dole)
7/F DOLE Building, Intramuros
Manila NCR 1002
PHILIPPINES
Tel: +63 2 527 2131
E-mail: sec_art_brion@yahoo.com.ph 

6. Ms. Ma. Teresa Cruz San Gabriel
Presiding Judge
Branch 80, Regional Trial Court
Morong, Rizal
PHILIPPINES
Tel: +63 2 691 5535

7. Dr. Esperanza I. Cabral
Secretary
Department of Social Welfare and Development
DSWD Bldg., Constitution Hills, Batasan Complex,
Quezon City
PHILIPPINES
Tel: +63 2 931 8101 / 2 931 8107
Fax: +63 2 931 8191


Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-027-2009
Countries :
Issues :
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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.