UPDATE (Philippines): Alleged assault and attempt at framing false charges against 8 human rights activists 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-169-2006
ISSUES: Arbitrary arrest & detention, Torture,

[NOTICE: The AHRC have developed a new automatic letter-sending system using the “button” below. However, we also encourage you to send your appeal letters via fax or post to the Philippine aurhorities. Fax numbers and postal addresses of the Philippine authorities are attached below with this appeal. Thank you.]

[RE: UA-275-2006: PHILIPPINES: Eight members of a human rights fact-finding team detained, others harassed]
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PHILIPPINES: Torture; attempt of fabrication of charges; repression of human rights defenders
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Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the arbitrary arrest and torture of eight human rights activists on 22 August 2006, at Catanauan, Quezon Province, Philippines (See further: UA-275-2006).  A fact-finding mission sent by KARAPATAN – Southern Tagalog has confirmed that the volunteer group was illegally arrested and brutally assaulted, while being falsely accused of being involved in an encounter between government soldiers and members of the New People’s Army (NPA) on 18 August 2006.

According to the updated information we have received, after being taken into the army custody, 8 members of the fact-finding team were forced to march for four hours at gun point while the soldiers threatened to shoot them if they did not run fast enough to the military’s Bravo and Charlie Companies detachment at Brgy, Tambakan. The soldiers, who were under the command of Lt. Marcus Bibat of the Bravo Coy of the 74th IBPA, had also repeatedly punched and beat the group’s four male captives on the head.

Once the group arrived at the military’s barrack, one of the victims, Christopher de Leon, was allegedly accused by the soldiers of being a sniper of the NPA simply because he was wearing a black shirt. The soldiers based their allegations on the belief that NPA members usually wear black shirts which therefore must have meant Christopher was an NPA affiliate.  Following the accusations, he was then physically assaulted by the soldiers.

Another victim Leonardo Quejero was then separated from the group and was subjected to a tactical interrogation. He was forced to admit that he is a NPA member. The military made Leonardo kneel and ordered him to not look up so that he would not be able to recognise his tormentors. The perpetrators were then joined by Lt. Dinurog, who was the military’s Commanding Officer during the August 18 encounter.  Leonardo was then repeatedly punched on both sides of his body and on his head. The soldiers also terrorized him by repeatedly cocking their guns to imply that he would be killed.

The military eventually filed rebellion cases against the victims at the Provincial Prosecutor’s Office with the support of Corporals Ferdinand T. Ponce, Wilmer Lapinig, Renelio M. Miranda, Ruel F. Miranda and Jemuel P. Ontic, all who acted as petitioners.  However, Provincial Prosecutors Dione V. Bustonera and Wendell R. Ilagan dismissed the case due to the lack of evidence.

The Asian Human Rights Commission strongly condemns the illegal detention, torture and the slanderous accusations that the group of eight human rights fact-finding team has had to endure.  It is also unacceptable that the local authorities have failed to investigate this case and arrest the responsible military officers. The AHRC urges that the perpetrators are brought to justice in full accordance with the law and that the victims receive adequate compensation for the trauma that they have suffered.

Meanwhile, it is reported that despite severe threats and intimidation, the family of Raquel Aumentado was finally able to retrieve her body. The said 8 human rights activists had been participating in a mission to recover the body of Raquel Aumentado, who was allegedly killed in an encounter between the military and the New People’s Army (NPA) in Mulanay, Quezon Province on August 18, 2006.

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SAMPLE LETTER

Dear ________,

PHILIPPINES: Alleged assault and attempt at framing false charges against 8 members of a human rights fact-finding team

Name of victims: Arbitrarily detained KARAPATAN fact-finding mission volunteers - Kristine Tulay, Christopher De Leon, Khristina Mae Guray, Mary Jane Almoete, Virgilio Batardo, Ramon Blastique Fajardo, Nona Quejero, Leonardo Quejero. Victims of harassment - Mr. Hermogenes Aumentado, two Barangay Officials and three staff members of a local funeral parlour.
Alleged perpetrators: Elements of the Philippine Army 74th Infantry Battalion (IB), led by Colonel Amado Bustillos 
Place of incident: The victim's house in Obando, Bulacan
Date of incident: August 22, 2006, between 10.00 and 11.00 am, in Barangay (village) Tambakan, Catanauan, Quezon Province, the Philippines

I write to you once again with regard to the alleged illegal arrest and detention of eight of KARAPATAN's volunteers in Barangay (village) Tambakan, Catanauan, Quezon Province, Philippines on 22 August 2006 by the elements of the Philippine Army 74th Infantry Battalion (IB). The victims were participating in a mission to recover the body of Raquel Aumentado, who was allegedly killed in an encounter between the military and the New People's Army (NPA) in Mulanay, Quezon Province on August 18, 2006.

According to the updated information I have received, after being taken into the army custody, the victims were forced to march for four hours at gun point while the soldiers threatened to shoot them if they did not run fast enough to the military’s Bravo and Charlie Companies detachment at Brgy, Tambakan. The soldiers, who were under the command of Lt. Marcus Bibat of the Bravo Coy of the 74th IBPA, had also repeatedly punched and beat the group's four male captives on the head.

Beside this, at the military’s barrack, one of the victims, Christopher de Leon, was allegedly accused by the soldiers for being a sniper of the NPA simply because he was wearing a black shirt. The soldiers based their allegations on the belief that NPA members usually wear black shirts. Following the accusations, he was then physically assaulted by the soldiers involved.  Another victim Leonardo Quejero was also allegedly forced to admit that he is a NPA member.  The military made Leonardo kneel and ordered him to not look up so that he would not be able to recognise his tormentors. The perpetrators were then joined by Lt. Dinurog, who was the military’s Commanding Officer during the August 18 encounter.  Leonardo was then repeatedly punched on both sides of his body and on his head. The soldiers also terrorized him by repeatedly cocking their guns to imply that he would be killed.  The eight volunteers are being held at the military camp because Lt. Col. Amado Bustillos alleged that they were suspected NPA rebels.

I am also shocked to learn that the military further filed rebellion cases against the victims at the Provincial Prosecutor's Office. However, this attempt failed when Provincial Prosecutors Dione V. Bustonera and Wendell R. Ilagan dismissed the case due to the lack of evidence.

I therefore strongly urge you to take action to ensure that the eight KARAPATAN volunteers are released immediately, in the absence of valid legal charges against them. I am also deeply concerned about the torture, terrorising act and attempt of framing false charges against human rights defenders by the Philippine army as shown in this case. However, as far as I know, no serious action has been taken to conduct an investigation into the incident and arrest those responsible. I therefore strongly urge you to order an independent and thorough investigation into this case as soon as possible. The attempt at fabrication of charges against the victims should also be investigated and those responsible must be brought to justice in full accordance with the law.  Furthermore the victims should receive adequate compensation for the trauma that they have suffered. The detention of human rights defenders while they are attempting to carry out their work is a serious concern and the Philippine government should take serious action to prevent such incidents in the future.

I look for your urgent intervention into this matter.


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PLEASE SEND YOUR LETTER TO:

1. Ms. Gloria Macapagal-Arroyo
President of the Republic
Malacanang Palace,
JP Laurel St., San Miguel
Manila, Philippines
Fax: +63 2 742-1641 / 929-3968
E-mail: corres@op.gov.ph / opnet@ops.gov.ph

2. Mr. Jesus G. Dureza
Office of the Peace Process
7th Floor Agustin Building I
Emerald Avenue
Pasig City 1605, Philippines.
Fax: +63 2 635 9579

3. Mr. Avelino J. Cruz, Jr.
Secretary for National Defence
Room 301 DND Building, Camp Emilio Aguinaldo,
E. de los Santos Avenue
Quezon City, Philippines.
Fax: +63 2 911 6213
E-mail: osnd@philonline.com

4. Mr. Raul M. Gonzalez
Secretary
Department of Justice
Padre Faura St., Manila, Philippines.
Fax: +63 2 521-1614
Email: sad@doj.gov.ph

5. Dr. Purificacion Valera Quisumbing
Chairperson, Commission on Human Rights
SAAC Bldg., UP Complex
Commonwealth Avenue
Diliman, Quezon City
Philippines
Fax: +63 2 929 0102
Email: drpvq@chr.gov.ph

6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
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 (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Update
Document ID : UP-169-2006
Countries : Philippines,
Issues : Arbitrary arrest & detention, Torture,