Dear friends,
The Asian Human Rights Commission (AHRC) is pleased to inform you that a torture victim, Oting Mariano, whom police arrested and falsely charged on 13 January 2007 has already been released after he was exonerated from false charges. He walked out free from his detention center on September 20 after the prosecutor dismissed the charges against him in connection with a bomb blast last year in Central Mindanao. The AHRC however demands that further action must be taken against the policemen involved in the torture and fabrication of charges.
UPDATED INFORMATION: (Based on the information received from the Task Force Detainees of the Philippines (TFDP-Mindanao))
As described in our previous appeal (UA-048-2007), Oting Mariano was forcibly abducted in Carmen, North Cotabato, and was subsequently tortured by persons who were later identified as police officers attached to the Autonomous Region of Muslim Mindanao (ARMM). They had his hands handcuffed, his eyes blindfolded and his mouth wrapped with adhesive tape. He was also electrocuted with wires attached to his head and arms. The policemen also wrapped his head with plastic bag, dipped him into a bucket of water and removed him only when he was almost unconscious.
While in police custody, Mariano was forced into admitting that a leader of a rebel group, Commander Kule Mamagong of the Moro Islamic Liberation Front (MILF), and him are the same person. He, however, insisted he was not Commander Mamagong but the police nevertheless implicated him in the bombing. The police accused Mamagong as being responsible for the bomb attack in October 2006 in Makilala, also in North Cotabato.
On March 14, Mariano was arraigned for the charges filed against him. In open court, however, he claimed innocence and once again insisted that he was not Commander Mamagong contrary to the claims of the police. This prompted the presiding Judge to order prosecutor to conduct a reinvestigation on the case. For several months past the prosecutor however failed to submit his reinvestigation report promptly.
On September 10, a follow up was made by the staff members of the Task Force Detainees of the Philippines (TFDP-Mindanao) at the prosecutor’s office regarding the progress of the victim’s case. Once again they argued that Mariano was a victim of mistaken identity, that he was abducted and subsequently tortured by the arresting police officers to force him into admitting he was Commander Mamagong.
Only in September 20 was Mariano released from detention following the prosecutor’s office decision to dismiss the case against him. Mariano was released from the North Cotabato Provincial Detention and Rehabilitation Center at Amas, Kidapawan City where he was detained since January 19. The victim is contemplating to file appropriate charges against the police officers involved in arresting and torturing him.
SUGGESTED ACTION:
Please write letters to concerned authorities requesting them to conduct a thorough investigation to identify the policemen involved in arresting and torturing the victim. Appropriate charges and sanctions must be filed and imposed against them. The victim must also be afforded with adequate compensation for the arbitrary detention and torture he had suffered, and that adequate treatment must be afforded to him for his full recovery.
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SAMPLE LETTER
Dear __________,
PHILIPPINES: Torture victim released following exoneration from false charges; no action taken against policemen
Name of the victim: Mr. Oting Mariano (21), a resident of Barangay (village) Kadiis, Carmen, North Cotabato
Alleged perpetrators:
1. Several policemen attached to the Philippine National Police’ (PNP)’s regional office of the Autonomous Region of Muslim Mindanao (ARMM)
2. A senior police officer named Sanchez. He was the one who took the victim to the provincial detention facility on January 19 in Amas, Kidapawan City
Date of incident: On 13 January 2007
Place of incident: Poblacion (downtown) Carmen, North Cotabato
I am writing regarding the case of torture victim, Mr. Oting Mariano, whom the police arrested, tortured and falsely charged on January 2007. I have learned though that following his several months in detention, he finally walks free from jail on September 20 after the charges filed against him have been dismissed by the prosecutor. As you are maybe aware, Mariano has been charged over mistaken identity in connection with the October 2006 bombing in Makilala, North Cotabato.
The prosecutor dismissed the charges on Mariano for reasons that he was not Commander Kule Mamagong, a rebel leader, whom police claimed responsible in the bombing. The victim, however, has since profess innocence of this charged and has denied he is Commander Mamagong whom the police have charged in court and been looking for.
While I deeply appreciate the dismissal on the charges filed against the victim, I am deeply concerned that there has not been any action taken against the policemen attached to the PNP’s ARMM office involved in arresting and brutally torturing the victim. It is disappointing that the policemen involved have so far not been properly identified, subjected to any investigation nor imposed with sanctions following the incident.
It is therefore necessary that you take prompt action to hold those responsible accountable for their acts. I urge you to promptly conduct an effective investigation to identify each of the policemen involved and to subsequently take necessary legal action against them. The needless suffering by the victim in detention for the charges he did not commit is completely unacceptable. I also urge you to ensure that he is afforded with adequate compensation for the arbitrary detention and brutal torture he has suffered, and that he must be afforded with adequate treatment for his full recovery.
As State party to the UN Convention against Torture (CAT), I urge the government to uphold its international obligation by ensuring that the torture victims could get remedies and that perpetrators are held to account. I also take this opportunity to urge you to use your authority to ensure the immediate enactment of the proposed law on torture. This proposal has long been overdue and dragging in the legislative body for many years. It is disappointing that even though the government is a State Party to the CAT, it continuously fails to enact domestic laws on torture as required by the Convention.
I trust that you take appropriate action in this matter.
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. Deputy Director General Avelino Razon
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. Solicitor General Agnes Devanadera
Officer in Charge
Department of Justice (DoJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Tel. No.: +63 2 523 8481
Fax: +63 2 521 1614
Email: agnesdeva@yahoo.com
5. 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: +63 2 926 9032
Fax: +63 2 926 8747
6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
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)
