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PHILIPPINES: Two men brutally tortured, deprived food inside a military headquarters

June 25, 2007

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

25 June 2007
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UA-204-2007: PHILIPPINES: Two men brutally tortured, deprived food inside a military headquarters

PHILIPPINES: Illegal arrest and detention; torture; food deprivation; filing of fabricated charges; arbitrary use of power by military; absence of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information about the brutal torture of two men, both belong to Muslim minorities, following their arrest by soldiers over allegations they are involved in incidents of bombing in Central Mindanao. Victim Thos Ulimpain and his cousin Nasser Mendo were arrested by soldiers in Midsayap, North Cotabato on 3 May 2007. Following their arrest the soldiers detained them at their headquarters in nearby Cotabato City. It was there that they were brutally tortured and deprived of food while they were interrogated.

CASE DETAILS:

According to Task Force Detainees of the Philippines (TFDP) in Mindanao, the arrest of victims Thos Ulimpain and his cousin Nasser Mendo, were done by combined elements of the military attached to the 6th Infantry Division (ID), Philippine Army (PA) on 3 May 2007. Ulimpain and Mendo had allegedly been under surveillance by the Armed Forces of the Philippines’ (AFP) Military Intelligence Group (MIG). However, their arrest was a result of what could be have been a flawed intelligence report the soldiers had received from their agents.

Ulimpain and Mendo were inside their house in Barangay (village) Malingaw, Midsayap, when several soldiers arrived and surrounded their house. Soon after, they ordered the two men to come out. The soldiers, without offering any explanation to the victims, immediately searched their house. Neither did they produce any warrants. The victims were handcuffed, blindfolded and forced to the ground. The soldiers claimed to have recovered a 105mm howitzer round inside the house, which the victims had no knowledge of. They claimed their innocence and insisted the ammunition recovered had been planted.

The soldiers nevertheless took the two men, at around 8:30a.m., to their headquarters in Awang, Cotabato City. Upon their arrival at the camp, they were separately taken to a secluded room, still handcuffed and blindfolded. While they were being questioned the two men were brutally tortured and subjected to several interrogation techniques. They repeatedly hit on different parts of the body every time they refused to answer a question.

According to Mendo he was seating on a bench when about ten persons surrounding him, interrogated him. He was forced to admit they owned the 105 howitzer round that was supposedly recovered from their house. They also forced him to disclose names of supposedly Moro Islamic Liberation Front (MILF) rebel group members known to him, and those who are supposedly engaged in plotting bomb attacks within Central Mindanao, in particular in Cotabato provinces.

Every time Mendo resisted and refused to provide information they repeatedly hit him with a hard object on different parts of his body, in particular on his back and chest. They also subjected him to suffocation with a plastic bag. Due to the severe beating and torture inflicted on him, Mendo was forced to admit owning the 105mm howitzer round, supposedly recovered from their house. He was likewise forced to provide fabricated names of MILF members.

On the other hand, Mendo’s cousin, Ulimpain said some of his personal belongings were confiscated, including his mobile phone and cash. He was dragged along and made to sit on the cement floor, still handcuffed and blindfolded. While blindfolded, he believes that the person questioning him was reading the incoming SMS messages of his mobile phone. Also, the said interrogator had asked of the sender’s background. They were asked whether they were involved with the MILF and another illegal armed group, Jemaah Islamiyah (JI). Every time Ulimpain denied any knowledge to any information his interrogator was asking, they repeatedly kicked and hit him on his chest and back. He frequently lost conscious during the ordeal.

From May 3 to 5, they are not given any food while in custody at the military headquarters. They were later turned over to Police Precinct No. 1, supposedly in Cotabato City where they were detained. On May 7 they were taken to the North Cotabato Provincial Detention and Rehabilitation Center in Amas, Kidapawan City where they are presently detained.

It is reported that two victims had been facing charges for frustrated murder before the Regional Trial Court (RTC), Branch 22 in Midsayap, North Cotabato. The background of case is yet to be known.

ADDITIONAL INFORMATION:

The AHRC had in the past reported a number of cases wherein soldiers are illegally making arrests, although it should have been purely a police function, of persons suspected to be involved in bombings. Some of the victims however had been exonerated by the court and were released without charges. Alleged planting of evidence and torturing suspects to force them to admit the crime have become common practices by the soldiers and police officers.

On April 2002, three men were arrested in General Santos City supposedly in connection with the bombings in the city. They were beaten following their arrest while in police custody. One of them was sexually humiliated. They were never charged for the bombing though. The police, however, charged them for possession of firearms and explosives over alleged fabricated evidence. Five years on, the case is dragging in court while the victims are out on bail. None of the policemen involved in torturing them were prosecuted. (Please read for details: UA-74-2005).

This is also the case of five men arrested in Cotabato City on April 2003. They were illegally arrested and subsequently charged for the deadly March and April 2003 bombings in Davao City. While in military and police’ custody, they were brutally tortured, including suffocation and electrocution. The victims claimed they have never set foot in Davao City in their defense; thus it is improbable for them to carry out bomb attacks. (Please read for details: UA-69-2005).

On 9 January 2004, torture victim Omar Ramalan and his wife Bairon were illegally arrested over allegations that Omar perpetrated a deadly bombing in Parang, Maguindanao five days earlier. Omar was taken to the military camp where he was brutally tortured. Later the court ruled to dismiss the charges against him for lack of evidence. His wife was never charged. Those who tortured him though were never prosecuted. (Please read for details: FA-04-2004; UP-09-2004).

In August 4 last year, development worker Uztadz Kusain Abedin was illegally arrested and detained for several hours by soldiers over allegations of plotting a bomb attack. The arrest was a result of an intelligence report, which was later found to be flawed and inconclusive. Abedin was release after hours of detention without charges. Once again, the soldiers involved in illegally arresting and detaining him were never held accountable. (Please read for details: UA-260-2006).

SUGGESTED ACTION:
Please write letters to the agencies below requesting for a credible investigation into the victims’ allegations against the soldiers involved. The charges against them must be withdrawn if there are no sufficient evidence against them in court. The victims must also be afforded with proper treatment and rehabilitation for the injuries and trauma respectively they suffered as a result of torture.

To support this appeal, please click here:

Suggested letter:

Dear ________,

PHILIPPINES: Two men brutally tortured, deprived food inside a military headquarters

Name of the victims:
1. Thos Ulimpain
2. Nasser Mendo
Both are residents of Barangay (village) Malingaw, Midsayap, North Cotabato.
Alleged perpetrators: Several military men attached to the 6th Infantry Battalion (ID), Philippine Army (PA) located in Cotabato City
Place of incident: At the victims’ place
Date of incident: At around 5:00am on 3 May 2007

I am writing to draw your attention to the case of two men, Thos Ulimpain and his cousin Nasser Mendo, who were allegedly illegally arrested, detained and tortured by the soldiers. Ulimpain and Mendo were arrested from their village in Midsayap, North Cotabato on 3 May 2007 over alleged inconclusive intelligence report they are involved in plotting bomb attacks in Central Mindanao. When the soldiers went to arrest them, they had the victims’ house illegally search without their permission or showed any warrants for them to do so.

The soldiers have supposedly recovered from the victims’ house a round of 105mm Howitzer ammunition. However, there are allegations it could have been planted considering the victims’ denial that they own it, and that they themselves were surprised by ammunition being recovered from their place. The victims and the supposed evidence were subsequently taken to the 6th Infantry Division (ID), Philippine Army (PA) headquarters in Awang, Cotabato City.

When the two victims arrived at the headquarters, they were taken separately in secluded areas where they are alleged to have been brutally tortured and denied food ration for about two days. The victims were repeatedly beaten in different parts of their bodies to force them into admitting they own the ammunition recovered from their house, and that they are involved in illegal armed groups. One of the victims, Ulimpain, frequently fainted and lost consciousness when he was tortured.

I am completely shocked of this incident. Firstly, for soldiers to carry out police functions, in particular carrying out arrest and searches is completely unacceptable. This is purely a police function and the soldiers has no business at all to take over the police’ duties and responsibilities. I am also disappointed by the soldiers’ blatant failure to explain to victims the nature of charges, should there be any, and why they are being arrested. They also did not show any warrants giving them permission to conduct searches on the house. They were also denied services of counsel and were questioned without their legal counsel.

Secondly, I have also learned that the arrest of the two victims was prompted by intelligence reports from the field they are plotting bomb attacks. I am deeply concerned however by the manner how the military leadership is dealing with this inconclusive report. I am deeply concerned that often these reports are given weight; for instance in this case, resulted to the victims’ arrest and detention.

I am aware that in the past, the military’s intelligence informants have had experience of passing on flawed and inconclusive reports. As you are aware, when development worker Uztadz Kusain Abedin was arrested in August 4 last year in Cotabato City, an intelligence asset also reported implicating him plotting bomb attacks. This, however, was never proven and the victim was released without charged. I am deeply concerned that this is the case of two men again.

I am aware that this is not the first time where suspected persons, most often the Muslim minorities, are being arrested over plotting bomb attacks, or being responsible to incidents of bombing. I have learned however that in the past, those who had been arrested have either been exonerated, released by the court and the charges against them dismissed for lack of evidence. But all of those persons though have suffered brutal torture, including suffocation and electrocution, by those who subjected them for questioning while in their custody. I am aware though that none of military or policemen involved had been prosecuted.

I completely reject this continued arbitrary and abusive practice by the soldiers, in particular the elements of the 6th ID and their men involved in this case. I have learned that arresting, detaining and brutally torturing suspects, had become a common practice by these soldiers, yet none of them were held accountable or prosecuted. The soldiers are usurping the police' function by conducting arrest and detention which are not part of their duties. The soldiers cannot be allowed to intervene into the affairs in the policing system of the civilian government.

I therefore urge you to ensure that the victims’ allegations of torture are properly investigation by a credible body. The soldiers involved must be subjected to investigation to answer allegations against them. If there be no evidence against the victims, they must be release unconditionally. I also urge you to ensure that adequate treatment and rehabilitation is afforded to the victims while in detention for their full recovery inside the jail.


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. Mrs. 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. 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
Tel: +632 926 9032
Fax: +63 2 926 8747
Email: omb1@ombudsman.gov.ph

5. Mrs. Esperanza I. Cabral
Secretary
Department of Social Welfare and Development
3/F DSWD Building, Batasang Pambansa Complex,
Constitution Hills
Quezon City
PHILIPPINES
Tel: +63 2 931 7916 / 931 8068
Fax: +63 2 931 8191
Email: eicabral@dswd.gov.ph 

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

7. 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)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)


Document Type :
Urgent Appeal Case
Document ID :
UA-204-2007
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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.