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PHILIPPINES: Policemen allegedly harass and illegally search a convent of sisters after forced entry

November 6, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

6 November 2006
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UA-361-2006: PHILIPPINES: Policemen allegedly harass and illegally search a convent of sisters after forced entry

PHILIPPINES: Harassment, intimidation and illegal searches; violence against the religious community; arbitrary and abusive acts by police officers; collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you about the alleged illegal search and harassment at the convent of Contemplative Sisters of the Good Shepherds (CGS) in Barangay (village) Ampayon, Butuan City on November 1, 2006. Several police intelligence officers led by Senior Police Superintendent Wilfredo Reyes illegally forced their way into the convent without a prior court order. The policemen are believed to be attached to the Police Regional Office (PRO- Caraga).

According to a report widely circulated by the CGS, which was also forwarded by the Task Force Detainees of the Philippines (TFDP-Mindanao), around 8:45pm policemen started arriving at the convent. At the time, Sister Amelia Hendani, an Indonesian national, was practicing songs for the Mass service. Her fellow companions, Sister Laarni Bongato was working on her computer while Sister Geraldine Ostouste was in her room. Sister Ostouste was the acting coordinator for CGS.

It was Sister Bongato who first noticed the arrival of service vehicles at the convent. She then asked Sister Hendani to check who those people were. Soon after Sister Hendani opened the door and asked those who just arrived but they did not answer. Sister Hendani was instead asked to come closer towards the gate. It was only that time that they introduced their selves as police officers. When the policemen started speaking to her in local dialect she could not understand, as she is Indonesian. Sister Hendani told them she would call her fellow Sister Bongato.

Not long after, Sister Hendani noticed the policemen were trying to force their selves into the convent. As Sister Hendani was about to go back inside the convent, Senior Police Superintendent Reyes prevented her from entering. One of the policemen had already started climbing and shaking the buildings bamboo made gate to gain entry. Upon seeing this, Sister Hendani tried calling aloud to the men. The policemen, however, started forcibly pushing the gate. Several armed men, some wearing police uniforms, were seen rushing inside the premises and then barged into the convent's parlor area. When Sister Bongato stopped them and asked who they were and what they wanted she was only told, “Just let me enter so there will be no trouble”.

When Sister Bongato told the police she would inform the convent's coordinator--Sister Ostouste, the police ignored her. Sister Ostouste went out of her room after she heard an unusual commotion and was surprised seeing the armed men inside. When Sister Ostouste asked them who they were, she was told they were about to arrest a person allegedly hiding inside the convent. When Sister Ostouste asked who the subject of arrest was, the leader of the armed men showed a warrant of arrest but did not allowed her to read it thoroughly. Sister Ostouste then asked to see identification but the policemen kept on saying “later on sister”.

At the time, some of the policemen were already inside the convent and started opening the doors of the rooms, including the sisters' private quarters. The sisters then sent an SMS message to the Rector of a Seminary informing him about the presence of armed men. Rev. Fr. Ruel S. Lasco, Rector of Saint Peter College Seminary, then phoned Catholic Bishop Juan de dios Pueblos of the Archdiocese of Butuan. Sister Ostouste tried to call Bishop Pueblos through the telephone but was unable to speak with him as he was talking with somebody at that time. They only left a message for Bishop Pueblos about the incident.

Sister Ostouste once again asked the leader of the group's name.  He was later identified as Senior Police Superintendent Wilfredo Reyes. Reyes showed Sister Ostouste a warrant of arrest for Jorge Madlos (a.k.a. Ka Oris), who is allegedly the spokesman of the communist rebels. Sister Ostouste asked whether the police were sure that they had come to the right place. When Reyes replied that the subject of their search is the “MSM Sisters”, Sister Ostouste told him “This is not MSM, this is Good Shepherd”, at which point Reyes went out to call someone. Sister Ostouste followed him outside the gate.

Reyes then told Sister Ostouste he has to leave to see Bishop Pueblos. Reyes apologized to Sister Ostouste and to Sister Hendani, saying that he did not know she was Indonesian. Reyes said he would come back the following day to explain. After sometime, Rev. Fr. Lasco and Bishop Pueblos arrived at the convent. Bishop Pueblos then informed the sisters that the policemen made a mistake. Rev. Fr. Lasco and Bishop Pueblos left the convent at around 11:30pm.

On November 2, just after 9:00am, Reyes arrived together with his two officers. Reyes made an apology for the incident. Sister Ostouste then asked Reyes why they did not present a search warrant, but she was told the search warrant is not necessary because they were looking for a person and a warrant of arrest is enough for that purpose. Sister Ostouste told him that the incident did not only affect the three sisters but the whole congregation as well. Reyes was asked to submit an apology in writing; however, he replied that he could not give an apology letter as he was leaving for Manila that day.

SUGGESTED ACTION:
Please write letters to the concerned authorities requesting an impartial and immediate investigation into the incident. The policemen involved, in particular Senior Police Superintendent Wilfredo Reyes, must be investigated to answer the allegations made against them. Immediate restrictions must be imposed on them once the investigation commences. If allegations are found to be true, charges must be filed against them.

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Sample letter:

Dear __________,

PHILIPPINES: Policemen allegedly harass and illegally search a convent of sisters after forced entry

Name of victims: Sisters Geraldine Ortouste, Amelia Hendani and Laarni Bongato 
Alleged perpetrators: Police officers led by Police Senior Superintendent Wilfredo Reyes. They are believe to be attached with the Regional Intelligence and Investigation Division (RIID) of the Police Regional Office (PRO-Caraga)
Place of incident: at the convent of Contemplative Sisters of the Good Shepherds (CGS) in Barangay (village) Ampayon, Butuan City
Date of incident: November 1, 2006 at around 8:45p.m.

I am writing to express my deep concern over the alleged harassment and illegal searches conducted by policemen at the convent of Contemplative Sisters of the Good Shepherds (CGS) in Barangay (village) Ampayon, Butuan City on November 1, 2006.

I have learned that several policemen led by Police Senior Superintendent Wilredo Reyes attached to the police unit mentioned above, forced themselves into the building to harass and illegally conducted searches at the convent in absence of a search warrant. Sisters Geraldine Ortouste, Laarni Bongato and Indonesian Sister Amelia Hendani, were shocked when armed policemen started searching the convent over suspicion that a person they were looking for was hiding on the premises. It was later found that the police were mistaken and had raided the wrong convent, causing them later to apologize. They also failed to locate inside the convent the person subject of their arrest warrant.
 
The admission of Reyes and his men that they mistakenly raided a convent must be dealt with accordingly. I therefore strongly demand that they be subject to investigation in order to answer for the allegations laid against them. The policemen involve must be held liable for their illegal and arbitrary acts. In no circumstances should police, in particular while conducting operations, be unaccountability for such serious offense.

I am extremely disappointed by yet another example of the abusive nature and arbitrary policing tactics of the Philippine National Police (PNP). Once again I urge you to ensure that these acts are not tolerated within the police force. The police must observe the rule of law in performing their duties. The supremacy of the civilian authority over the police must be upheld at all times. This must not be ignored and abused.

Should it be found that the policemen have committed any wrong doing during the raid, they must be held accountable. Appropriate charges must be filed against them and immediate restrictions and sanctions must also be imposed.

I trust that you will take immediate action in this case.


Yours sincerely,

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PLEASE SEND YOUR LETTER TO:

1. Mrs. Gloria Macapagal-Arroyo
President
Malacanang Palace,
JP Laurel St., San Miguel
Manila
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80
Email: corres@op.gov.ph  

2. Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763
Email: bluetree73@gmail.com   

3. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 9548
Tel: +63 2 521 8344
Email: soj@doj.gov.ph 

4. 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     

5. Mr. Orlando Casimiro
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 

6. Ms. Marilyn M. Pintor
Regional Director
Commission on Human Rights, CARAGA
2nd Floor, First Consolidated Bank Building
J. Rosales Avenue
Butuan City 8600
PHILIPPINES
Tel: +63 85 815 2247/342 5280
Email: chrcaraga@skyinet.net 


Thank you.

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


Document Type :
Urgent Appeal Case
Document ID :
UA-361-2006
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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.