PHILIPPINES: Torture survivor recalls his dark experience in a video interview

PRESS RELEASE
AHRC-PRL-028-2009
PHILIPPINES: Torture survivor recalls his dark experience in a video interview
(Hong Kong, June 24, 2009) Three years ago, Axel Pinpin, a researcher and public information officer for a local peasant group, was abducted and briefly disappeared together with four other persons.
Only later did Axel, and his four companions, Riel Custodio, Aristides Sarmiento, Enrico Ybanez and Michael Mesias, learn that they had actually been arrested. The police officers and soldiers in Cavite, who had taken them into custody, acted on dubious intelligence information which claimed they were plotting to topple the government.
“We were not arrested. It was abduction as a form of kidnapping. There is no warrant of arrest, we were picked up by heavily armed men who only later revealed themselves as police officers", said Axel in this video interview. Axel and his companions were released from jail after being exonerated from charges in August 2008.
Contrary to the claims of the police and soldiers, Axel, Riel and Aristides are human rights defenders and had been working for the Kalipunan ng mga Magsasaka sa Kabite (Kamagsasaka-Ka or Farmers’ Federation in Cavite)", a grass root peasant organisation helping landless farmers to obtain lands, amongst others.
Their group is also involved in doing extensive research regarding the conditions of farmers in Cavite, like those engaged in planting coffee beans for their livelihood. One purpose of their research is the hope that they will be able to improve the livelihoods of the workers.
Enrico and Michael, on the other hand, were ordinary persons who happen to be with the group. The two were riding the car in which the three activists had hitched a ride when policemen and soldiers abducted them on April 2006 in Tagaytay City.
Axel recalled that they were held incommunicado for seven days, prevented from contacting any lawyers and family members and were subjected to long periods of interrogation and torture. One of his colleagues had his leg burned and all of them were deprived of sleep, food and water, while they are being held in police custody.
Their family members too had gone to various places, including the private morgues, hoping to locate even their dead bodies. In the Philippines, once a person is arrested and disappeared; if they are not found in jails and detention facilities, their remains are sometimes found in morgues or funeral houses.
Axel though, like some other activists may have at least expected the likelihood of being arrested. However, when it finally happened he said:
“I’m a bit ready with this kind of incident but when I (had it) experienced myself, I was also surprised that the State or the government is still doing this kind of torture, doing this kind of abduction”.
Apart from him, his family and children also had to endure continuing threats and intimidation from security forces after having been subjected to surveillance. His eldest son was also prevented from visiting him regularly at the time he was in detention. No reasonable explanations were ever given to him or his family as to why this should be so.
Axel and his fellow torture victims did file a complaint for violation of their rights against the police and soldiers involved with the CHR. The CHR, in concluding their investigation regarding their complaint, also resolved that the complainants’ rights had been violated and subsequently endorsed their findings with the Office of the Ombudsman.
Under the law, security officers can only be charged in court once the Ombudsman concluded that the case could be filed. For instance in this case, even though the CHR had already concluded that the victims’ rights had been violated, no charges could be filed until the Ombudsman completed its review.
After the CHR’s finding, Axel said of the development: “There is no development up to this time.” Their case though is similar to the complaint that the Abadilla Five has filed 13 years ago. Like Axel’s case, the Ombudsman has also not been able to conclude the investigation of the Abadilla Five’s complaint; and not a single policeman has been charged in court for torturing them.
When Axel and his companions sought compensation after having been exonerated and subsequently released from detention, the Department of Justice (DoJ), the government agency responsible in evaluating and approving applications for compensation, had their claims for compensation rejected. No reasonable explanations were given as to why their applications were rejected.
"Unfortunately (there was) none. Not a single centavo. Imagine for 28 months that we were incarcerated… they denied our request”, said Axel when asked about the DoJ response to their applications for claims of compensation.
To mark the occasion of the United Nation’s International Day is Support of Victims of Torture on June 26, Axel renewed his and his colleagues appeal unto the Philippine government, in particular the Congress, to ensure that a domestic law on torture be enacted promptly. He also asked that the existing law, the Human Security Act of 2007, which espouses torture, be reviewed thoroughly.
“We believed that it is about time for the Philippine Congress, the Philippine government to review an anti-torture law to enable to help the victims of torture in the Philippines,” Axel said.
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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.

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Pictures taken during the Basta Run Against Torture 2009 last 26 June, courtesy of our friends from Imagic Productions.

For more pictures link to http://picasaweb.google.com/imagicmanila/RunAgainstTorture#

BASTA RUN AGAINST TORTURE (BRAT III): International Day in Support of Victims of Torture June 26, 2009

JUNE 26, 2009 INT'L DAY IN SUPPORT OF VICTIMS OF TORTURE

June 23, 2009

Dear UATC members and fellow human rights defenders,

On June 26, the world will commemorate the International Day in Support of Victims of Torture and we will remember the cries of grief and pain of thousands of victims of torture around the world.

Beyond the grief and pain of those who suffered this horrible crime are lessons to be learned from their stories which are infused with inspiration. The stories of countless women and men who defended the oppressed and sacrificed for others tell us the fundamental truth that when you help others, you are never alone.

On June 26, the world will honor the strength and courage of women and men who suffered this horrible crime- those who fought with kin and friends who would not let the truth die with them and those who paid with their lives as well as those who have survived.

A renewed commitment to eliminate torture is urgently needed.

On June 26, we invite you to join us in speaking out against torture as our voices of truth echo more loudly- we call on the government to enact the Anti-Torture Law and ratify the Convention Against Torture and Other Forms of Cruel, Degrading Treatment or Punishment (OPCAT). We also invite you to read out the statement made by the International Rehabilitation Center for Torture Victims on the occasion of the International Day in Support of Victims of Torture.

As we renew our commitment to eradicate torture, please join us this June 26 (Friday) at 6:30am at the University of the Philippines Oblation Statue in Diliman, Quezon City for our “Basta Run Against Torture III”. For inquiries, please contact Amarylis Ng-Abcede at 433-15-94 or 0928-5057294.

Thank you very much.

Respectfully yours,


SGD. Edeliza Hernandez, R.N.
Executive Director
Medical Action Group
UATC Secretariat

Basta Run Against Torture!

June 17, 2009


Dear friends,

Greetings of Peace and Solidarity!

Over the recent years, there has been an assault on fundamental rights enshrined in the Universal Declaration on Human Rights including the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment. In the context of counter terrorism measures taken since 11 September 2001, this protection has been undermined - marked by a growing acceptance of torture or other ill-treatment in the context of intelligence-gathering, resort to illegal modes of detention for those suspected of involvement in terrorism, and lack of accountability for those who have authorized or committed torture and other ill-treatment. These are key challenges facing the human rights movement.

Locally, in spite of strong provisions enshrined in the Philippine Constitution prohibiting the use of torture and the Philippines having had been a state party to the UN Convention Against Torture (UNCAT) since 1987, the act remains in widespread use today. The concept of the right to be free from torture eludes the general public and disappointingly, government representatives and state security forces as well. In order to see the decline of the practice in the Philippines, it is important that all members of society become informed of this right inherent to all individuals.

For the UN International Day in Support of Victims of Torture on June 26, 2009, the United Against Torture Coalition will focus on the Philippine government’s recent reaffirmation to the UN Committee Against Torture to do everything in its power to absolutely prohibit of torture ill-treatment in the country. The UATC, spearheaded by Amnesty International Philippines (AIPh), the Balay Rehabilitation Center, Inc. (BALAY), the Families of Victims of Involuntary Disappearances (FIND), the Medical Action Group (MAG) and the Task Force Detainees of the Philippines will join the international community in the global campaign to prevent and stop the practice of torture in all corners of the world as codified in the UNCAT 23 years ago.

With the theme “Anti Torture Law: Now Na!”, the UATC will lead representatives from other civil society organizations and select government organizations in the “Basta! Run Against Torture III (BRAT III)!” on the 26th of June. The two-hour human rights run will assemble at 630 am and will subsequently start at 7 AM at the UP Oblation Statue and will end at 9 AM at the Bantayog ng mga Bayani.

In line with this activity, we would like to ask your institution / organization to join us once again in the said event. Just like last year’s Basta Run Against Torture II and the succeeding 60th Anniversary of the Universal Declaration of Human Rights Commemoration activities, your continued assistance and generosity to our endeavors has provided us with successful human rights awareness activities throughout the years. Your favorable response to this request will help us ensure yet another success in our unwavering quest for the utmost protection, respect and fulfillment of human rights in the whole country and at the international community as well.

If you have any queries regarding our activity, please do not hesitate to contact Dr. Amy Abcede of the Medical Action Group at 4331594.

Yours in the Spirit of Human Rights,

Respectfully yours,

Edeliza Hernandez, R.N.
Executive Director
Medical Action Group
UATC Secretariat

Policy on 'total elimination' of torture in RP sought (By Katherine Adraneda Updated June 01, 2009 12:00 AM )

MANILA, Philippines – An alliance of organizations against torture appealed yesterday to the government to declare a policy of “total elimination” of acts of torture in the country in the wake of the concluding observations of the United Nations Committee Against Torture (UNCAT), which pressed for the enactment of the Anti-Torture Bill.

The United Against Torture Coalition (UATC) Philippines and Joint Civil Society Report on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in the Philippines, which is composed of several local and international human rights groups, also urged the Philippine government to take all necessary measures to implement the recommendations of the UN body.

The groups expressed concern over the government’s alleged penchant of not complying with its obligation and commitment to the international human rights conventions, citing for instance the Philippines’ second periodic report on the implementation of the provisions of the UN against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which was submitted 16 years late.

“The government must focus its attention to take all necessary actions on the implementation of UN Committee Observations and refrain from making excuses on its clear neglect of duty and obligation to the international human rights conventions,” the groups said in a statement.
According to the groups, the government must prove to the international community that they are complying with the provisions of the Convention by enacting House Bill 5709 and Senate Bill 1978, otherwise known as Anti-Torture Bills, and ratifying as soon as possible the Optional Protocol Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (OPCAT) and the International Convention for the Protection of All Persons from Enforced Disappearance.

They likewise said that it is equally important for the government to educate the public as well as law enforcement agencies, including all members of the judiciary and prosecutors, on the UN Committee Concluding Observations.
They added that law enforcers must also be given training on the absolute prohibition of torture.

“The follow-up and continuity of the process is therefore a crucial component of effective measures in ensuring that the Concluding Observations are promptly and effectively implemented by the government,” the groups noted.

“The UN Committee Concluding Observations should be used as a tool to lobby the Congress and the Executive Department on specific reforms such as certify as an urgent legislation the passage of Anti-Torture Bills and to enter into a dialogue with relevant government agencies aimed at discussing and mapping out plans of action to implement those observations on the elimination of torture in the country,” they also said.
The UN body dealing with cases of torture has recently urged the Philippine government to enact “as soon as possible” the Anti-Torture Bill, as it raised concern that the government has not incorporated yet into a national law the crime of torture as defined in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The UNCAT also said that it is “deeply concerned” about reports on “numerous, ongoing, credible and consistent allegations” of torture incidents, which were corroborated by a number of Filipino and international sources.

The UNCAT described the alleged incidence of torture in the country as “routine and widespread” that includes ill-treatment of suspects under police custody, which usually reportedly occurs when authorities extract confessions or information from them to be used in criminal proceedings.
Moreover, the UNCAT said that legal safeguards for detainees are “insufficient” despite the enactment of the Law on the Rights of Persons Arrested, Detained or under Custodial Investigation (RA 7438).

The UNCAT noted that there is failure to bring detainees promptly before a judge, thus keeping them in prolonged police custody; absence of systematic registration of all detainees, including minors, and failure to keep records of all periods of pretrial detention; restricted access to lawyers and independent doctors and failure to notify detainees of their rights at the time of detention, including their rights to contact family members.

The observations and recommendations of the UNCAT came notwithstanding the assurances provided by the Philippine government, which reported to the UN body in April, that “torture or ill-treatment on suspects or detainees is not tolerated or condoned by the Philippine National Police and that erring PNP personnel are dealt with accordingly.”
The Philippine government likewise told the UN Committee that the country’s Revised Penal Code (RPC) guarantees that all acts of torture are classified as criminal offenses with corresponding penalties under Philippine laws.

(Source: Philippine Star, Philstar.com