Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from the Task Force Detainees of the Philippines (TFDP) regarding yet another alleged case of abduction, illegal detention and torture of a person in Carmen municipality, North Cotabato province, Philippines. It is alleged that the victim was mistakenly identified as a commander of a dissident organization called the Moro Islamic Liberation Front (MILF). The victim was abducted on 13 January 2007 by four unidentified men wearing plain clothes, who are alleged to be operatives of Autonomous Region of Muslim Mindanao Police Regional Office (PRO-ARMM). He was allegedly tortured for seven days and later taken to the detention centre at Amas, Kidapawan City, where he is currently detained after being erroneously identified as Commander Kule Mamagong. When TFDP visited the victim, they witnessed several marks of torture on his body.
CASE DETAILS:
Mr. Oting Mariano (21) is the resident of Barangay (village) Kadiis, Carmen municipality, North Cotabato province, Philippines. According to his testimony, at around 2-3pm on 13 January 2007, Mr. Mariano was forcibly taken into a white van by four unidentified men, when he was in the premises of the Mega Market in Poblacion (downtown) Carmen, waiting for public transport. Inside the vehicle, he was handcuffed and blindfolded with a piece of cloth while his mouth was wrapped with packing tape. He was punched several times on his chest and back.
The van stopped after several hours of travel. Mr. Mariano’s blindfold was replaced with a rubberized material and he was brought inside a secluded room. There Mr. Mariano was interrogated and forced to admit that he was Commander Kule Mamagong of the Moro Islamic Liberation Front (MILF). Whenever he denied the accusation, Mr. Mariano was electrocuted by means of wires placed on the sides of his head and arms.
Mr. Mariano also alleges that his head was wrapped with cellophane or dipped into water and removed only when he was about to faint through suffocation. He was also allegedly deprived of regular food and after a few days. Mr. Mariano says that the abductors also threw him into a shallow grave in order to threaten him with death. He was later remove from the grave.
After being subjected to illegal detention and brutal torture for seven days, Mr. Mariano was taken to the North Cotabato Provincial Detention and Rehabilitation Center at Amas, Kidapawan City by a senior police officer named Sanchez on 19 January 2007. He is currently detained in this detention centre. Based on the legal notes acquired from the court and the detention facility, Mr. Mariano was allegedly implicated as being Commander Kule Mamagong, who had a pending criminal assault of Multiple Murder with Multiple Frustrated Murder pending warrant of arrest dated 12 January 2007 signed by Judge Francis E. Palmones Jr. of Regional Trial Court Branch 17 of Kidapawan City Province of North Cotabato.
When TFDP visited Mr. Mariano on 29 January 2007, he still bore noticeable marks of torture on his arms, back and head.
The AHRC is gravely concerned by this serious case. Regardless of whether the suspect is a criminal, the abduction, illegal detention and torture of a person by state actors cannot be accepted in any circumstances. Art. III Sec. 12 (2) of the Philippine Constitution states that, ” No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.” This is also in a clear violation of the Philippine government’s international responsibility under the International Covenant on Civil and Political Rights (ICCPR) and Convention against Torture (CAT) to which the Philippines is a state party.
If a person is believed to be a suspect with sufficient evidence, the government authorities should have gone through lawful proceedings to arrest and prosecute that person described in law. It should be also noted that Article 15 of CAT clearly states that “any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made”.
The AHRC urges the Philippine government to immediately inquire about this case and take action against the alleged perpetrators responsible for Mr. Mariano’s abduction, illegal detention and torture. Mr. Mariano should be released as soon as possible as he had been illegally arrested and detained without sufficient evidence that proves the accusation against him.
SUGGESTED ACTION:
Please immediately write to the relevant government authorities listed below, in particular the Regional Governor of ARMM, Provincial Governor of North Cotabato, Regional Police Director of ARMM, Commission on Human Rights Regional office 13, Philippine National Police Chief of Staff, Ombudsman for the Military and the Department of Justice. Please urge them to conduct a prompt and impartial investigation into Mr. Mariano’s abduction, illegal detention and torture and take strong action against those responsible as soon as possible. Please also demand that the victim is released immediately and receive adequate medical treatment and compensation.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear________,
PHILIPPINES: Alleged abduction and torture of a young man by the police
Name of victim: Mr. Oting Mariano, aged 21, the resident of Barangay (village) Kadiis, Carmen municipality, North Cotabato province, Philippines
Alleged perpetrators:
1. Four unidentified men wearing plain clothes, who came in a white van with a plate number IUH-168; they are alleged to be operatives of Autonomous Region of Muslim Mindanao Police Regional Office (PRO-ARMM)
2. One senior police officer namely Sanchez who brought the victim to the detention facility on January 19
Date of alleged abduction: Around 2-3pm on 13 January 2007
Place of alleged abduction: MEGA Market, Poblacion (downtown) Carmen, North Cotabato province, Philippines
Victim currently detained at: North Cotabato Provincial Detention and Rehabilitation Center at Amas, Kidapawan City
I am writing to express my deep concern regarding an alleged case of abduction, illegal detention and further torture of Mr. Mariano by the provincial police authorities of Muslim Mindanao Police Regional Office (ARMM).
According to the information I have received, Mr. Mariano was abducted by four men in civilian clothes, who came in a white van bearing a plate number IUH-168 and are believed to operatives of Autonomous Region of Muslim Mindanao Police Regional Office (PRO-ARMM), from the premise of the Mega Market in Poblacion (downtown) Carmen on 13 January 2007. He was then taken into a secret place where he was constantly tortured by his abductors for seven days. He was reportedly forced to admit as Commander Kule Mamagong of the Moro Islamic Liberation Front (MILF), who is a wanted man responsible for the recent spate of bombings in southern Mindanao, Philippines.
I am appalled by the brutal torture of Mr. Mariano. According to his testimony, he was electrocuted whenever he denied the accusation and his head was wrapped with cellophane or dipped into water and removed only when he was about to faint with suffocation. Mr. Mariano was also allegedly deprived of regular food intake and further thrown into a shallow grave but later removed.
I am informed that after seven days of illegal detention and torture, Mr. Mariano was taken to the North Cotabato Provincial Detention and Rehabilitation Center at Amas, Kidapawan City by one senior police officer namely Sanchez on 19 January 2007. He is currently detained in this detention centre, while being implicated as Commander Kule Mamagong. I am further informed that when staff of the TFDP, a local human rights organization, visited Mr. Mariano on 29 January 2007, they witnessed several torture marks on his body.
I am gravely concerned by this serious case. Regardless of whether the suspect is a criminal, the abduction, illegal detention and torture of a person by the state actors cannot be accepted in any circumstances. I also feel that Mr. Mariano was illegally taken by the police without any sufficient evidence to prove the accusation against him. If Mr. Mariano is believed to be a suspect with sufficient evidence, the government authorities should have gone through lawful proceedings to arrest and prosecute him by law.
This is in violation of Art 3 Section 12(2) of the Philippine Constitution which prohibits torture and secret detention. This case is also in a clear violation of the Philippine government’s international responsibility under International Covenant on Civil and Political Rights (ICCPR) and Convention against Torture (CAT) to which the Philippines is a state party. I also want to draw your attention on Article 15 of CAT which states that any statement gained as a result of torture shall not be invoked as evidence in any proceedings.
In light of above, I request you to order an immediate and impartial inquiry into this case and take action against the alleged perpetrators from the PRO-ARMM. Mr. Mariano should be released as soon as possible as his arrest and detention was made illegally and further subjected to torture. I also urge you to ensure that Mr. Mariano is provided adequate medical treatment and compensation. I also urge you to take your genuine effort to ensure that the same human rights violations are not committed by law enforcement officers in the future.
I look for your urgent intervention into this case.
——————–
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. Purificacion Quisumbing
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Tel: +63 2 928 5655 / 926 6188
Fax: +63 2 929 0102
Email: drpvq@yahoo.com
3. Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2 726 4361/4366/8763
Fax: +63 2724 8763
Email: bluetree73@gmail.com
4. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: sechbp@infocom.com.ph
5. Mr. Orlando Casimiro
Deputy Ombudsman
Office of the deputy Ombuds man for the Military
and other Law Enforcement Officer
3rd Floor, Ombudsman Bldg. Agham Road,
Diliman (1104), Quezon City
PHILIPPINES
Tel: +63 2926 9032
Fax: +63 2926 8747
6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
7. Ms Leila Zerrougui
Chairperson
Working Group on arbitrary detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
