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UPDATE (Philippines): Chief State prosecutor acknowledges the allegations of illegal arrest, detention and torture of three men

November 30, 2005

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

30 November 2005

[RE: UA-74-2005: Trial of three men yet to begin after three years; UP-78-2005: Delay in trial due to possible neglect by the court and prosecutor; UP-108-2005: Court commences trial of three men due to pressure following frequent postponement]
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UP-150-2005: PHILIPPINES: Chief State prosecutor acknowledges the allegations of illegal arrest, detention and torture of three men

PHILIPPINES: Torture; government inaction; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) is pleased to inform you that an investigation into the illegal arrest, detention and torture of three men –namely Jejhon Macalinsal, Aron Salah and Abubakar Amilhasan in General Santos City may soon commence after the appeal by the AHRC to look into the allegations of torture was acknowledged by the government Chief State Prosecutor, Jovencito Zuno. In our appeal (UP-108-2005), the AHRC requested the Department of Justice (DOJ) to look into the allegations of illegal arrest, detention and torture of the men.

In her 14 November 2005 letter to the AHRC, Persida Rueda-Acosta, Chief Public Attorney, said that lawyer Yolanda Ogena, the district public attorney attached to the Public Attorney’s Office (PAO) in General Santos City, Mindanao has been requested to provide legal assistance to the three men. The request on Ogena was in response to the letter received by Rueda-Acosta from the Chief State Prosecutor, Jovencito Zuno, informing them to take appropriate action on the case.

A reliable source, however, said that Ogena has yet to take action on the matter. It was learned that the legal assistance has yet to materialise. The reliable source added that the three men and their relatives are not aware of any legal assistance. The three men and their relatives helping in the case have since been struggling to meet the cost of litigation in the case. The next hearing is scheduled for 1 December 2005 at the Municipal Trial Court (MTCC), Branch III. For further details on the case, please visit our previous appeals: UA-74-2005; UP-78-2005; UP-92-2005.

Your strong intervention is needed to ensure that the Public Attorney’s Office (PAO), in particular the District Public Attorney, lawyer Yolanda Ogena will provide legal assistance to the three men without delay. Please also request Ogena to investigate into the allegations of illegal arrest, detention and torture by the victims. Such investigation is essential to the prosecution of the perpetrators. Charges must be filed if the allegations are proven to be true.

Furthermore, please also pressure the regional office of the Commission on Human Rights (CHR XII) in General Santos City to conduct a separate investigation to look into the incident. The Commission has not acted on this matter. The AHRC has reported that Macalinsal was spitting blood due to the police beatings. It was also learned that he was not given food for two days and was prevented from taking rest. He was also tortured purposely to force him to implicate his two other companions, Salah and Amilhasan. The CHR however, has not afforded assistance to the victims, in particular to process complaints to prosecute the perpetrators.

In the Philippines torture is not a crime. There has been no proper or adequate investigation into cases involving torture, prosecution of perpetrators, and rehabilitation and compensation for victims due to the absence of domestic legislation. The AHRC reiterates daily the urgent need to enact an enabling law regarding this and has appealed to the members of the Senate and House of Representatives to act on it without delay (please see our previous appeal: UG-05-2005).

Finally, the AHRC requests your strong intervention to pressure the Philippine government to enact a domestic legislation against torture as provided in Article 4 (1) of the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The Government must pass a law against torture in full conformity with the provisions of the Convention.

Urgent Appeals Programme
Asian Human Rights Commission
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Suggested letter:


Dear _________,

PHILIPPINES: Chief State prosecutor acknowledges allegations of illegal arrest, detention and torture of three men

Name of the victims: 1) Jejhon Macalinsal, 2) Aron Salah, 3) Abubakar Amilhasan; all are Muslims and affiliate members of party list Bayan Muna in Socsksargen (Provinces of South Cotabato, Sarangani, Sultan Kudarat and General Santos City)
Place and date of arrest: At 3:00am on 24 April 2002, Barangay Calumpang, General Santos City, Mindanao.
Arresting officers: General Santos City Police Office
Courts handling the case: Municipal Trial Court (MTC), Branch 3, Regional Trial Court Branch (RTC), Branch 35, all in General Santos City, Mindanao

I am writing to draw your attention to the case of Jejhon Macalinsal, Aron Salah and Abubakar Amilhasan. I have learned that Jovencito Zuno, the Chief State Prosecutor of the Department of Justice (DOJ), has acknowledged the allegations of illegal arrest, detention and torture of the three men. I am aware that Zuno has also asked local authorities concerned to take appropriate action in this case.

I have also learned that Persida Rueda-Acosta, the Chief Public Attorney of the Public Attorney’s Office (PAO) has requested the District Attorney in General Santos City, Mindanao lawyer Yolanda Ogena to provide legal assistance to the three men and to take appropriate action on the matter.

I am pleased by the immediate response of the Public Attorney’s Office (PAO) on this matter. However, I am deeply concerned that this may not have been implemented effectively. I have learned from experiences in the past where assurances were made by government agencies but did not materialise. I therefore renew my appeal and urge your office to ensure that the PAO investigate the allegations of illegal arrest, detention and torture experienced by the victims. Appropriate charges must be filed against the police and military involved if the allegations are found to be true.

I also urge the Commission on Human Rights (CHR XII) regional office in General Santos City to conduct a separate investigation into the case. I am very disappointed by the Commission’s inaction to look into these abuses by the police and military. The Commission has also not afforded any assistance to the victims, in particular in assisting them in seeking justice and redress.

Finally, I take this opportunity to remind the Philippine government of the urgent need to enact a domestic legislation against torture as provided in Article 4 (1) of the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The Government must pass a law against torture in full conformity with the provisions of the Convention.

I trust that you will take action in this case.

Yours sincerely,

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PLEASE SEND LETTERS TO:

1. Mrs. Persida V. Rueda-Acosta
Chief, Public Attorney Office (PAO)
DOJ Agencies Building,
NIA Road East Avenue
1104 Quezon City
PHILIPPINES
Tel. No. +63 2 929-9010/929-9436
Fax No. +63 2 927-6810/926-2878

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. Mrs. Marie Ellengrid Baliguat
The Presiding Judge
Municipal Trial Court in Cities (MTC) Branch I
Hall of Justice, Barangay Lagao
9500 General Santos City
PHILIPPINES
Tel. No.: +63 83 302-3912

4. Mr. Oscar Noel
The Presiding Judge
Regional Trial Court (RTC) Branch 35
Hall of Justice, Barangay Lagao
9500 General Santos City
PHILIPPINES
Tel. No.: +63 83 301-2110

5. 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@chr.gov.ph

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

7. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: lventre@ohchr.org

8. Mr. Leandro Despouy
Special Rapporteur of the Commission on Human Rights on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (Attn: Special Rapporteur on the independence of judges and lawyers)
E-mail: scronin@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Update
Document ID :
UP-150-2005
Countries :
Issues :
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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.