Home / News / Urgent Appeals / PHILIPPINES: Suspicious death of an 18-year-old inmate in General Santos City, Mindanao
 

PHILIPPINES: Suspicious death of an 18-year-old inmate in General Santos City, Mindanao

December 21, 2005

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

21 December 2005
---------------------------------------------------------------------
UA-242-2005: PHILIPPINES: Suspicious death of an 18-year-old inmate in General Santos City, Mindanao

PHILIPPINES: Prison condition; Rights of the detainees; Forensic investigation
---------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission has received information from a reliable source regarding the suspicious death of an 18-year-old inmate, Arthur Esquelona at the General Santos City Reformatory Center (GSCRC) in General Santos City, Mindanao in early of December.

According to the report, Esquelona died on his way to the General Santos City Hospital after he complained of severe stomach pain. It was reported that Supt. Amilbangsa Aming, GSCRC jail warden, said that Esquelona may have died of ulcer – as he suffered severe stomach pain at the time of his death. But this, however, was disproved by an autopsy report conducted by medical experts.

According to Dr. Antonietta Odi, medico legal officer at the City Integrated Health Services (CIHS) – who performed the autopsy, there are indications Esquelona may not have died of an ulcer. In her report, Odi discovered traces of injuries on the victim’s head that may have been caused by being beaten or thrown into a hard object. Despite this medical finding, there have been no further investigations conducted to deeply look into Esquelona’s suspicious death.

We urge your strong intervention to pressure the concerned government agencies, in particular the Bureau of Jail Management and Penology (BJMP) and the police authorities, to conduct an immediate and impartial investigation into the victim’s death. They must closely coordinate with forensic investigators and medical experts to ensure that scientific investigation is observed.

Please also urge the Commission on Human Rights (CHR XII) regional office in General Santos City to commence its investigation. The CHR has the power under the 1987 Constitution to ‘exercise visitorial powers over jails, prisons, or detention facilities’ – but this has not been adequately discharge. The Commission must recommend compensation for the victim’s family if necessary. The families of the dead must also be properly informed should there be action taken.


Urgent Appeals programme
Asian Human Rights Commission
--------------------------------------------------------------------

DETAILED INFORMATION:

Name of the victim: Arthur Esquelona (18), a resident of Puting Bato, Barangay Calumpang, General Santos City
Date and place of his death: first week of December 2005 at the General Santos City Reformatory Center (GSCRC) in General Santos City, Mindanao

Case details:

Sometime in first week of December 2005, an 18-year-old inmate, identified as Arthur Esquelona (18) died while on his way to the General Santos City Hospital. Esquelona was taken to the hospital by jail officers of the General Santos City Reformatory Center (GSCRC) after he complained of severe stomach pain. According to Supt. Amilbangsa Aming, jail warden of the GSCRC, the victim may have died of an ulcer.

Esquelona – who belongs to a poor family – had been detained at the GSCRC for awhile. After the victim’s death, his parents, Rodrigo and his wife Rosalinda, raised suspicions over the incident. The couple claimed that their son was in good health prior to his detention and when the visited him in October 2005.

According to Rodrigo, his son was found to have a blood clot on his head, which he theorized may have caused his death. They are not convinced that their son died of an ulcer as reported by the jail officers. This prompted them to have their son subjected to an autopsy examination.

In the autopsy report released by Dr. Antonietta Odi, medico-legal officer at the City Integrated Health Services (CIHS), it was found the victim’s body had traces of injuries on the head. Dr. Odi said the victim’s head may have been beaten or thrown into a hard object, which may have caused his death. According to Odi’s opinion, deaths of patients who are suffering from ulcers are completely different from Esquelona. However, Dr. Odi has yet to subject the victim’s body for further examination to determine the victim’s medical history prior to his death.

ADDITIONAL INFORMATION:

Esquelona’s death is yet another incident of death inside the General Santos City Reformatory Center (GSCRC). There have been deaths and sickness of inmates because of the poor prison condition. Despite this, however, the Bureau of Jail Management and Penology (BJMP), the agency in charge of prisons, has not taken adequate action to improve the prison conditions.

In May 2005, two inmates died of tuberculosis (TB) disease and heart disease in separate incidents inside the GSCRC. There have been a number of inmates who contracted or acquired a number of diseases including tuberculosis, severe coughing and high blood pressure. Although the jail authorities are aware of the situation, their response has completely failed their requirements.

The Department of Interior and Local Government (DILG) released its findings and evaluation regarding the condition of prisons all over the country on November 2004, and reported the increasing number of inmates in prisons and penitentiaries contracting tuberculosis. Among the causes for the disease to spread are congested prison centers and lack of food. This, however, has not been adequately addressed.

According to the Commission on Human Rights (CHR) regarding its evaluation of prison conditions in the country report for 2005, Dr. Renante Basas, director CHR’s assistance and visitorial office, has concluded that the country’s jails and detention centers, including the seven national penitentiaries, have remained below the standard.

The Commission noted that detainees were deprived of places that are fit for human beings. They noted that “nothing has changed” in improving the condition of the country’s jails. They cited examples – that the detention centers remain congested and lack proper ventilation. There were also no separate detention areas for children [in conflict with the law] who are included in the prisons cells of adult inmates.

SUGGESTED ACTION:

Please send letters to the addresses listed below and raise your concern regarding this matter. An independent and impartial investigation must be conducted into Arthur Esquelona’s suspicious death without delay. The concerned government agencies must also take effective steps to address the problems of prison conditions.

Suggested letter:

Dear ________,

Re: PHILIPPINES: Suspicious death of an 18-year-old inmate in General Santos City, Mindanao

Name of the victim: Arthur Esquelona (18), a resident of Puting Bato, Barangay Calumpang, General Santos City
Date and place of his death: first week of December 2005 at the General Santos City Reformatory Center (GSCRC) in General Santos City, Mindanao

I am writing to raise my serious concern regarding the suspicious death of an 18-year-old inmate, Arthur Esquelona, inside the General Santos City Reformatory Center (GSCRC) in General Santos City, Mindanao earlier this month. I have learned that no proper investigation has been conducted into the victim’s death, which was requested by his family.

It is reported that Esquelona died while on his way to hospital after he complained of severe stomach pain; and the jail warden, Superintendent Amilbangsa Aming, reportedly concluded that he may have died of an ulcer.  However, according to the findings of the autopsy conducted by Dr. Antonietta Odi, medico legal-officer at the City Integrated Health Services (CIHS), there are indications that Esquelona may have not died of an ulcer; Esquelona’s head was found to have traces of injuries.

According to the initial findings, Esquelona’s death may have been caused by being beating on his head or thrown into a hard object. Even though Dr. Odi has yet to perform further examination on the victim’s medical history, her autopsy findings have reportedly not been seriously considered in the investigations. I am deeply concerned of the jail officials’ and police’s inadequate response on this matter.

Meanwhile, I am aware that prior to Esquelona’s death, there were two reported deaths of inmates inside the GSCRC. One died of tuberculosis while the other died of a heart ailment. Although the jail officials are aware that inmates have been contracting tuberculosis – due to poor prison conditions – they have not adequately responded to this matter. The Commission on Human Rights (CHR) in General Santos City, which is mandated to monitor the conditions of prison center and jails have likewise failed to take adequate action to arrest this problem.

I urge your immediate intervention to ensure that an impartial and independent investigation, in particular a forensic investigation, is properly conducted into Esquelona’s case. The concerned government agencies, in particular the Bureau of Jail Management and Penology (BJMP) and the local police authorities, must seriously consider the forensic and autopsy findings in their investigation.

Finally, I urged the Philippine government, in particular the BJMP in General Santos City to take effective and efficient measures to improve the prison conditions. This includes providing adequate food, medicines, health and other services to prevent the deaths of inmates from reoccurring. The BJMP’s response to this problem has completely fallen short of what is required to address this problem.

I trust that your immediate action on this matter is forthcoming.


Yours sincerely,


----------------
PLEASE SEND LETTERS TO:

1. The Director
Bureau of Jail Management and Penology (BJMP)
103 Kalayaan Ave., Diliman, Quezon City
1104 Metro Manila
PHILIPPINES
Tel. No: +63 2 9216299/ 4351040
Email ad: jailbureau@edsamail.com.ph

2. 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

3. Senior Superintendent Alfredo Toroctocon
City Police Director
General Santos City Police Office (GSCPO)
Camp Fermin G. Lira
9500 General Santos City
PHILIPPINES
Tel. No.: +63 83 554-6606

4. 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

5. 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

6. Mr. Raul Gonzales
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521-1614
Email: sechbp@infocom.com.ph


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-242-2005
Countries :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
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.