UPDATE (Philippines): Arrested development worker released

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that Uztadz Kusain Abedin, a development worker whom the military illegally arrested and detained, was released on August 4 (Please see for details: UA-260-2006). Abedin was released from custody of the Task Force Tugis, headed by Colonel Salvador Calanoy, after the Task Force could not either justify detaining him or produce warrants for his arrest.  Task Force Tugis headquarters are located at PC Hill, Cotabato City

According to lawyer Mary Ann Arnado of the Mindanao Peoples Caucus (MPC), a coalition of non-governmental organisations advocating for peace in Mindanao, Abedin’s arrest and subsequent detention was illegal. It is learned that Abedin’s arrest was prompted by an SMS purportedly sent by an intelligence asset warning them of the arrival of a person allegedly involved in making bombs at a bus terminal in Cotabato City. The tipster was apparently referring to Abedin who at the time was riding on a passenger bus to Cotabato City. Upon Abedin’s arrival at the terminal, he was forcibly dragged towards the military’s service vehicles and taken to their headquarters where he was later investigated.

Had he not been able to make phone call to his colleagues they would have not been able to follow him towards the military’s headquarters where he was taken. The military’s service vehicles had just left at the time Abedin’s colleague from the United Youth for Peace and Development (Unypad) arrived at the terminal. The group then proceeded to the military’s headquarters to check on Abedin’s whereabouts and condition. The group demanded Abedin’s release but the military had refused to do so.

On August 4, negotiations took place between lawyer Arnado who was with Abedin’s relatives and the military men who took him into custody. The military refused to release Abedin insisting that his name was included on the arrest warrant they had. But when Arnado checked the arrest warrant, it was found that Abedin’s name was not included. It is reported that the military instead acted on unverified information that accussed Abedin of being involved in the “making of a bomb” plot and therefore arrested him.

It is also learned that another lawyer who went to the military’s headquarter a day after Abedin’s arrest, was made to wait four hours before he was allowed to speak to him. Abedin’s colleague also opted to stay outside at military headquarters when he was released.

Abedin was release at around 9:40pm at least 27 hours from the time he was illegally arrested and subsequently detained. One of the conditions set by the military in releasing Abedin is to require him to report to them if it is needed. After Abedin’s release he was taken to a center where he took refuge for the night.

ADDITIONAL INFORMATION:

The AHRC has reported a number of cases wherein the military are arbitrarily using their authority to effect arrest, conduct investigation and detain and take custody of the arrested persons, which is supposedly entirely under the authority of the police. Most of the arrest by the military does not fall under Rule 113 under Section 5 of the Revised Rules of Criminal Procedure, which stipulate condition of a lawful warrant less arrest. Often those arrested in these circumstances were tortured, disappeared or later found dead.

Consider the case of Tomas Paras. On the night of 13 October 2005, Paras, a 47-year-old rebel returnee was arbitrarily arrested and taken away by elements of 24th Infantry Battalion, Philippine Army, one of whom was reportedly Staff Sergeant Elizaldo Betty. He has not been seen since. No investigation is known to have been conducted.

In November 2005, labour leader Enrico Estarez was alleged to have been threatened by an officer and men attached to the 24th Infantry Battalion in San Miguel, Bulacan. Estarez went into hiding; three of his colleagues, namely Francis Paraon, Reynaldo Pizon and Herminio Zuniga, were reportedly tortured at a military detachment after being invited for questioning. No charges are known to have been laid. Estarez and his family have not received any government-sponsored protection (please see for details: UA-030-2006).

On 31 January 2006, Allan Ibasan and Dante Salgado were found dead at a funeral home a day after they were arrested and forcibly taken in Sta. Ignacia, Tarlac, allegedly by four military men attached to the 71st Infantry Battalion. It is reported that seven other villagers were harassed, namely Glen Ibasan (17), Cesar Andaya (44), Annie Salgado, Reynaldo Reyla, Ricky Salgado, Eduardo Magallanes, Dominic Reyla. Again the soldiers are not known to have been investigated regarding their possible involvement in the killings (please see for details: UA-083-2006).

On 14 February 2006, villagers Reynaldo Manalo (32) and Raymond Manalo (22) of Barangay Bohol na Mangga, San Ildefonso, Bulacan were reported to have been illegally arrested by elements of the 24th Infantry Battalion headed by Master Sergeant Rollie Castillo and subsequently disappeared in San Ildefonso, Bulacan. Several of their relatives, namely Jesus Manalo, his wife Ester, Reynaldo’s wife Maria Leonora, and the victims’ cousin Celeste and seven children were also reportedly threatened. Reynaldo and Raymond’s whereabouts are unknown. Again, there is no known investigation of the troops’ alleged role (please see for details: UA-077-2006).

SUGGESTED ACTION:

Please write letters to concerned agencies below requesting them to have the military men involved investigated. If it is found that violations are committed in the arrest and subsequent detention of Uztadz Kusain Abedin, they must be held liable for their actions. Abedin must not be required to submit his self for further questioning as a condition for his release. Should there be further questioning, Abedin must not be interrogated in absence of his legal counsel. Should Abedin decide to file formal charges against the military, the concerned agencies must ensure that appropriate protection and legal service concerning the case is adequately afforded to him.

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