[NOTICE: The AHRC have developed a new automatic letter-sending system using the “button” below. However, in this appeal, we could not include e-mail addresses of some of the Philippine authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Philippine authorities are attached below with this appeal. Thank you.]
[RE: UA-082-2006: PHILIPPINES: Brutal torture of 11 persons and the subsequent filing of fabricated charges against them; UP-063-2006: PHILIPPINES: Lawyers for 11 torture victims file motion to withdraw charges against them; UP-067-2006: PHILIPPINES: Torture victims file charges against policemen; UP-092-2006: PHILIPPINES: Plot to kill torture victims in jail; UP-099-2006: PHILIPPINES: Jail authorities’ failing to ensure adequate security despite grave danger torture victims are facing; UP-100-2006: PHILIPPINES: Further details on plot to kill torture victims; UP-115-2006: PHILIPPINES: Two minor torture victims released from jail; court rules the arrest of 11 victims as illegal; UP-137-2006: PHILIPPINES: More charges filed against police, military and militias involved in torture of 11 persons in Benguet; UP-152-2006: PHILIPPINES: Attempted stabbing of a torture victim; continuous threats on torture victims and legal counsels]
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PHILIPPINES: illegal arrest and detention; torture; unlawful treatment of minors; filing of fabricated charges by way of torture; right to speedy trial
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Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information that the Regional Trial Court (RTC) in La Trinidad, Benguet, the Philippines has granted a petition to reinvestigate the case of 11 torture victims. The order signed on 2 August 2006 was received by the victims legal counsel two days later. It can be recalled that the victim’s legal counsel have filed a motion to have the charges against their clients reinvestigated rather than to proceed with the arraignment.
The victims, two of whom are minors, were earlier charged for the robbery, homicide and arson cases in connection with the raid of a military camp in Cabiten on 10 February 2006 (Please see our previous appeals for details: UP-063-2006). On May 19, the Court ruled the arrest of the 11 victims on 14 February 2006 was illegal. It however did not rule on the merit of the case, in particular the allegations that the evidence against the victims are taken by way of torture, instead it gave the prosecutor’s office 15 days to review his procedures (Please see our previous appeals for details: UP-115-2006).
It is learned later that the police and military men involved in allegedly torturing the victims merely re-filed the same charges before the Office of the Prosecutor in La Trinidad, Benguet.
According to a source from the Cordillera Human Rights Alliance (CHRA), a coalition of human rights groups based in Baguio City, it is necessary that there should be a reinvestigation conducted on the case instead of proceeding with the arraignment. The judge has already referred the case to the Department of Justice (DoJ) under the office of Chief State Prosecutor to appoint prosecutors who would conduct the reinvestigation.
While it is a good development that a separate prosecution body would conduct the reinvestigation of this case, there are concerns of a possible further delay. The judge’s order did not mention any specific deadline or duration when the reinvestigation was to be completed in determining whether or not there is a probable cause to prosecute the victims. Given this situation, there is an urgent need for the Chief State Prosecutor to resolve this matter.
The Chief State Prosecutor must seriously consider the victim’s allegations of torture and forced confession in consideration towards dropping the charges against them. The judges ruling on May 19 which declared the arrest and detention of the victims as illegal must be given due consideration to warrant the dropping of charges at the prosecutor’s level.
One of the parents of the victims, Flor Manoza, has already written a number of letters to the Office of the President and Court Administrator of the Supreme Court appealing for their intervention on the case. It is learned however that all their appeal letters were referred to the DoJ for their appropriate action. Not only have the victim’s families been struggling to support the expenses of the litigation of the case, the victims inside the jail have had to endure further threats and risk on their life while the case has been dragging in court.
On July 28, the AHRC reported that one of the victims, Jefferson Dela Rosa, was nearly stabbed by an inmate who was earlier reported to have been hired to kill him (Please see our previous appeals for details: UP-152-2006; UP-100-2006). Despite these risks the victims are facing, there has been no sustainable and adequate protection afforded to them. Not only are the victims facing threats and risk of their lives but so is their legal counsel.
SUGGESTED ACTION:
Please write letters to the agencies listed below, in particular the office of the Chief State Prosecutor of the Department of Justice (DoJ), to ensure that the reinvestigation of the victims’ case is completed without delay. The prosecutor must consider dropping the charges against the victims if it is proven that the evidence and charges filed against them are taken by way of torture. Also, please renew calls to ensure the security and safety of the victims inside the jail. If necessary, the DoJ must consider them under the Witness Protection, Security and Benefit Programme.
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SAMPLE LETTER
Dear __________,
PHILIPPINES: Court orders reinvestigation of charges filed against torture victims
Name of victims still in jail:
1. Rundren Berloize Lao (24) of Gerona, Tarlac.
2. Anderson Alonzo (18) of Calinan, Davao City
3. Aldoz Christian Manoza (18) of Sampaloc St., Santolan, Pasig City
4. Ron Pandino (20) of Barangay Mayatba, Siniloan, Laguna
5. Jethro Villagracia (21) of Calinan, Davao City
6. Neil Russel Balajadia (25) of No. 026 Tawiran St., Santolan, Pasig City
7. Darwin Alagar (21) of Barangay Tipuso, Urdaneta City, Pangasinan
8. Arvie Nunez (21) of Barangay Silangang Mayao, Lucena City
9. Jefferson dela Rosa (20) of No. 211 A.M. De Leon St., Santolan, Pasig City
All of them are presently detained in a jail in La Trinidad, Benguet.
Name of minor victims released to their parents custody:
1. Frencess Ann Bernal (15) of Calumpang, Marikina City
2. Ray Lester Mendoza (16) of Blk. 157 Lot 32 San Francisco St., Barangay Rizal, Makati City
Name of persons charged: General Villamor Bumanglag, provincial director of the Benguet Provincial Police Office (BPPO); Police Superintendent Brent Madjaco, head of the 1604th Police Provincial Mobile Group (PPMG) and his men; and unidentified military agents and Cafgu members
It has come to my attention that the Regional Trial Court (RTC) in La Trinidad, Benguet has already granted the earlier petition of 11 torture victims to have the charges against them reinvestigated. The court's order came out on August 2. According to the information I have received, the case has been referred to the Chief State Prosecutor of the Department of Justice (DoJ) for their appropriate action.
While I appreciate this development, I urged you to ensure that the Chief State Prosecutor completes the reinvestigation of this case without delay. I am deeply concerned about the frequent delays on the part of the prosecutors in the Philippines to resolve these cases. As you are aware, nine of those charged are presently detained in La Trinidad, Benguet while the two other minors are in their parent's custody.
I am aware that prosecutor's prompt resolution for this case is necessary to determine whether or not there is a probable cause to prosecute the torture victims. I am deeply concerned of the continued detention of these torture victims because their lives are at risk inside prison. There have been persistent and continuing threats against the victims inside the jail. I know that you completely agree with me that the promptness in resolving this case is necessary to address this security problem.
Additionally, I urged you to ensure that the prosecutor consider the victim's allegations that the charges laid against them are taken by way of torture. To prosecute any individuals by way of forced confession and torture is totally unacceptable. The reinvestigation must give utmost credence of how the police conducted their investigation and gathered evidence. If indeed there are irregularities on this matter, the charges against the torture victims must be dropped unconditionally. No one must be prosecuted to charges laid by way of torture.
I likewise urge you to ensure that the prosecutor should consider the May 19 ruling of the court that declared the arrest and subsequent detention of the victims on 14 February 2006 as illegal. Although the court did not decide on the merit of the case, but considering that the arrest was made illegally, the proceedings in this case--police investigation and the filing of charges--must likewise be considered as null and void. Therefore, the prosecutor must consider dropping the charges on its level given this situation.
Finally, once again I urged you to ensure that the torture victims inside the jail and their legal counsels are afforded with adequate security and protection. I am extremely disappointed of the continued lack of protection to these people despite the great and continuing threats they are facing. Should anything bad happen to them, I would hold those concerned agencies responsible for their inaction towards this serious matter.
I trust that you will take immediate action in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Ronaldo V. Puno
Chairman
National Police Commission (Napolcom)
A. Francisco Gold Condominium II
EDSA cor. Mapagmahal St., Diliman
Quezon City
PHILIPPINES
Voice: +63 2 925 0330 / 31
Fax: +63 2 925 0332
Email: rvpuno@dilg.gov.ph
2. 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 / 9436
Fax No. +63 2 927 6810 / 926 2878
Email: chiefacosta@edsamail.com.ph
3. Director General Oscar Calderon
Chief, Philippine National Police
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763
4. Atty. Jocelyn Castillo
Regional Director, Commission on Human Rights
Cordillera Administrative Region
3rd floor SSS Baguio Branch Bldg., Harrison Road
2600 Baguio City
PHILIPPINES
Tel: +63 074 619 9088/ 074 619 9089
5. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
6. Ms. 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
7. Mr. Orlando Casimiro
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 7572
8. Governor Borromeo P. Melchor
Provincial Capitol
2601 La Trinidad, Benguet
PHILIPPINES
Tel: +63 74 422 3223
Fax: +63 74 422 2004
9. Professor Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr.Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (ATTN: SPECIAL RAPPORTEUR ON THE QUESTION OF TORTURE)
10. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Attn: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR INDEPENDENCE JUDGES & LAWYERS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
