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PHILIPPINES: Illegal arrest and torture of four farmers in Columbio, Sultan Kudarat, Mindanao

September 25, 2005

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Urgent Appeal

26 September 2005
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UA-167-2005: PHILIPPINES: Illegal arrest and torture of four farmers in Columbio, Sultan Kudarat, Mindanao

PHILIPPINES: Illegal arrest and detention; torture; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that the four farmers illegally arrested in Columbio, Sultan Kudarat province, Mindanao on 2 September 2005 by combined elements of the 25th and 66th Infantry Battalion (IB), Philippine Army were allegedly tortured during an investigation. It was reported that one of the victims, Rhoderick Amante (27) had his right toenail pulled off by one of his investigators. The three others, namely Daniel Gusanan (44), his son Remy (20) and Romeo Mural (33) also suffered severe beatings.

The four men were denied their right to be represented by a legal counsel during custodial investigation as well as their right to remain silent. They were tortured into admitting responsibility for the killing of Ibrahim Tamlis, a village chief on 27 August 2005.  The local court, however, dismissed the fabricated charges and ordered the release of the three men after being held for 21 days. The release orders however, freed Daniel and Remy Gusanan and Romeo Mural only; Rhoderick Amante remained in jail to face trial for a separate case. A local human rights group KARAPATAN – Socsargen based in General Santos assisted them.

Although the three are already released, the perpetrators conduct in illegally arresting, detaining and torturing them has not been investigated nor prosecuted. They have continued to walk free and unpunished. The AHRC has previously reported a similar incident of illegal arrest and torture by the same military unit. Please see our previous appeals on this case FA-11-2004.

The three men refused to go back to their residence out of fear of retribution and therefore could not continue with their farming. Considering they are the sole income-earners in their households, their families are struggling to meet their daily needs. Despite this situation, the victims have not been given any assistance or indemnified for damages as a result of their arrest and detention, have not been afforded medical attention nor given treatment for trauma. It has been learned that the victims have suffered from trauma since the incident.

We urge your immediate intervention by asking the regional office of the Commission on Human Rights (CHR XII) in General Santos City, Mindanao and the Office of the Ombudsman for Military in Quezon City, Manila to conduct an investigation. The alleged perpetrators must be placed under investigation without delay. If the allegations are proven to be true, appropriate charges must be filed against them in court.

Finally, please ask the Philippine government to consider as a priority the enactment of the pending bill criminalising the practice of torture before the Philippine Congress and Senate. The government must enact domestic laws against torture as provided in the provisions of the Convention against Torture of which it is state party.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victims:
1. Daniel Gusanan (44)
2. Remy Gusanan (20)
3. Romeo Mural (33)
4. Rhoderick Amante (27)
All of them are farmers and residents of Sitio Blisa, Barangay Sinapulan, Columbio Sultan Kudarat, Mindanao. They are indigenous people belonging to the indigenous tribe, B’laan
Date and place of incident: 2 September 2005 at around 6:00 a.m. in Barangay Sinapulan, Columbio, Sultan Kudarat
Alleged perpetrators:
1. Elements of the 66th Infantry Battalion under the 6th Infantry Division (ID), Philippine Army (PA) based in the municipality of President Quirino, Sultan Kudarat
2. Elements of the Quirino Police Station, President Quirino, Sultan Kudarat

Account of the incident (based on the victims' testimony):

On 2 September 2005 at around 6:00 am, the four victims, Daniel Gusanan, his son Remy, Romeo Mural and Rhoderick Amante were arrested in separate incidents by combined elements of the 25th and 66th Infantry Battalion (IB), Philippine Army (PA). One of the arresting officers was identified as Lieutenant (Lt.) Al Manocan of the 66th IB.

It was reported that the soldiers raided the victims' houses and arrested them without search or arrest warrants. Following their arrest, they were briefly detained by the detachment of the 66th Infantry Battalion (IB) located in Barangay Maligaya, Columbio, Sultan Kudarat. While under the military's custody and during their custodial investigation, the four men were tortured.

One of the victims, Amante, reportedly had his right toenail pulled off while being investigated. The three other victims, Daniel and Remy Gusanans and Romeo Mural were blindfolded, suffered severe beatings to their chest and threatened that they would be killed. They were forced to admit responsibility to the 27 August 2005 killing of Ibrahim Tamlis, a village chief. After being held for several hours, they were transferred to the 66th IB's headquarters that evening.

At the headquarters, they were again subjected to custodial investigation. It was reported that they were also tortured inside the military's headquarters. After the military turned them over to the police authorities, they were then transferred to the Quirino Municipal Police Station, to the Isulan police station in Sultan Kudarat and to the headquarters of the Criminal Investigation and Detection Group (CIDG XII) where they were held for 20 days.

It was only on 22 September 2005 that three of the victims, the Gusanans and Mural were released from the CIDG XII’s custody. Their release was ordered by a local court after it ruled to dismiss the charges against them. Amante however, remained in jail to face a separate case filed against him.

Previous record of violations by the perpetrators:

In February 2004, there were two separate incidents where several farmers were illegally arrested, detained and tortured allegedly by elements of the 66th Infantry Battalion (IB), Philippine Army. It also took place in Barangays Sinapulan and Lam-alis, all in Columbio, Sultan Kudarat.

Three farmers, namely Flory Balilid (25), Rogelio Balilid (33) and the latter’s wife Rosita, were allegedly harassed and intimidated by the same military unit during  their operation in Barangay Sinapulan, Columbio. One of them, Flory, was severely beaten and tortured. Please see our previous appeal on this case FA-11-2004.

In another incident, several farmers in Sitio Lam-alis, Barangay Datalblao were also illegally arrested and detained. Some of them were severely tortured while being investigated at the military’s detachment. The incident took place following an intense military operation against insurgents in the area.
 
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Suggested letter:


Dear _________,

Re: Illegal arrest and torture of four farmers in Columbio, Sultan Kudarat, Mindanao

Name of the victims:
1. Daniel Gusanan (44)
2. Remy Gusanan (20)
3. Romeo Mural (33)
4. Rhoderick Amante (27)
All of them are farmers and residents of Sitio Blisa, Barangay Sinapulan, Columbio Sultan Kudarat, Mindanao. They are indigenous people belonging to the indigenous tribe, B’laan
Date and place of incident: 2 September 2005 at around 6:00 a.m. in Barangay Sinapulan, Columbio, Sultan Kudarat
Alleged perpetrators:
1. Elements of the 66th Infantry Battalion under the 6th Infantry Division (ID), Philippine Army (PA) based in the municipality of President Quirino, Sultan Kudarat
2. Elements of the Quirino Police Station, President Quirino, Sultan Kudarat

I am writing to draw your attention to the alleged illegal arrest, detention and torture of four farmers, namely Daniel Gusanan, his son Remy, Romeo Mural and Rhoderick Amante, all residents of Sitio Blisa, Barangay Sinapulan, Columbio Sultan Kudarat, Mindanao.

I am aware that the four men were illegally arrested on 2 September 2005 by combined elements of the 25th and 66th Infantry Battalion (IB), Philippine Army. The soldiers allegedly raided their houses and arrested them without any search or arrest warrants. The victims were subjected to custodial investigation despite the absence of legal counsel, were severely tortured and were forced to admit responsibility for the killing of a village chief.

The victims were blindfolded while being investigated. One of the victims, Amante, had his right toenail forcibly pulled off by one of the investigators. The three others suffered severe beatings to their chest, were threatened that they would be killed and were not given adequate food while in detention.

I am aware that this is yet another instance of violations committed by elements of the 66th Infantry Battalion. I have learned that on 12 February 2004, three farmers in Barangay Sinapulan were also illegally arrested and tortured by them. In the same month, similar incidents were also experienced by several farmers in Sitio Lam-alis, Barangay Datal Blao at the hands of the same unit.

Even though three of the victims, the Gusanans and Mural, were released from detention after this was ordered by a local court, I have learned that the allegations of illegal arrest, detention and torture by the perpetrators have not been investigated, nor have any sanctions been imposed. Therefore, despite the seriousness of the allegations the perpetrators remain unpunished.

Although previous incidents have been amicably settled, I am disappointed by the 66th IB's repeated attacks against poor villagers in the area. I urge your office to have the case of the Gusanans, Mural and Amante investigated without delay. Appropriate measures must be taken against the perpetrators if the allegations are found to be true to prevent similar incidents from occurring again. The victims must also be indemnified and afforded assistance.

The right of the Filipino citizens against torture, as provided in Article III of the Bill of Rights of the 1987 Constitution must prevail. The Philippine government must adhere to the provisions of the Convention against Torture (CAT) Act of which it is state party. It must also enact domestic laws criminalising all acts of torture.

I trust that you will take action in this case.

Yours sincerely,

_________________

PLEASE SEND LETTERS TO:

1. Ms. Rosalinda Tolosa
Regional Director
Commission on Human Rights (CHR)
Sy Compound, Leon Lldio Street
Barangay Lagao
9500 General Santos City
PHILIPPINES
Tel/Fax: +63 83 553-8887
Cotabato City extension Office
Tel: +63 64 482-0384 / +63 64 421-6307

2. Mr. Bienvenido C. Blancaflor
Director
Fact-Finding Investigation, Corruption
Prevention and Public Assistance Bureau
Office of the Deputy Ombudsman for the Military and
Other Law Enforcement Offices
3rd Floor, Ombudsman Bldg., Agham Road
Diliman (1104) Quezon City
PHILIPPINES
Tel: +632 926 9032

PLEASE SEND COPIES TO:

1. Ms. Rosalina L. Bistoyong
Executive Director
National Commission on Indigenous Peoples (NCIP)
2nd Floor N. dela Merced Building,
Cor. West and Quezon Avenues,
Quezon City, Metro Manila
PHILIPPINES
Tel: +63 2 373-97-87
Telefax: +63 2 373-97-65
Emails: resource@ncip.gov.ph, rlbistoyong@ncip.gov.ph

2. Ms. Gloria Macapagal Arroyo
President
Republic of the Philippines
Malacanang Palace
J.P. Laurel St., San Miguel
Manila NCR 1005
PHILIPPINES
Fax: +632 2929 3968
Email: pgma@compass.com.ph or opnet@ops.gov.ph

3. 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@chr.gov.ph

4. Mr. Raul Gonzales
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +6325211614
Email: sechbp@infocom.com.ph

5. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-167-2005
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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.