{Blog about torture, enforced disappearance, EJK and human rights}
Monday, January 31, 2011
PAHRA Urgent Appeal: PICOP 6 key witness to 10 year enforced disappearance case under threat
I. Background of the case
In October 14, 2000, six workers of the Paper Industries Corporation of the Philippines (PICOP) were forcibly disappeared at Barangay Sta. Maria, Trento, Agusan del Sur.
The 6 workers - Joseph Belar, Jovencio Lagare, Romualdo Orcullo, Diosdado Oliver, Artemio Ayala and Arnold Dangkiasan were at the entrance of a videoke bar when Corporal Rodrigo Billones from the 62nd Infantry Battalion, 8th Infantry Division of the Philippine Army herded the six kargador (carrier) of logs to the military camp. A friend of the missing workers, Crispin Barot, was able to evade the abduction by concealing himself in the crowd. He saw the six workers being held at gunpoint from the peryahan (village carnival) and brought inside the army camp gate.
With the assistance of the Families of Victims of Involuntary Disappearance (FIND), the relatives immediately inquired as to the whereabouts of the six workers from the authorities in the military camp. However, the said authorities denied custody of the disappeared workers. PICOP 6 relatives Artemio Ayala, Sr. and Macaria Lagare, recounted how they were prohibited from entering the military camp and were only allowed to go inside when they were accompanied by the mayor, vice-mayor and baranggay chairperson after six days.
Sunday, January 30, 2011
Universal Periodic Review of Burma: Total Denial in the Face of Widespread and Systematic Human Rights Violations
The update below is released by Forum-Asia in connection with the recent Universal Periodic Review (UPR) conducted by the United Nations Human Rights Council on Burma's human rights record.Photo source: http://candle4burma.blogspot.com
Universal Periodic Review of Burma: Total Denial in the Face of Widespread and Systematic Human Rights Violations
(27 January 2011, Geneva) Today, the United Nations Human Rights Council in Geneva examined Burma's human rights record as part of its first Universal Periodic Review (UPR). Burma’s ruling military regime sent a large delegation to Geneva, led by Deputy Attorney General Dr. Tun Shin, who categorically denied state-orchestrated widespread, systematic and persistent human rights violations against the people of Burma.
Throughout the three-hour UPR dialogue, States raised numerous concerns, including the issue of political prisoners, treatment of ethnic and religious minorities, and impunity for perpetrators of gross human rights violations that may amount to crimes against humanity. Despite well-documented evidence to the contrary, the Burmese delegation said that, “Accusations of rape against ethnic women are baseless, with the aim of discrediting armed forces.” They claimed, “The armed forces have a zero tolerance policy towards serious human rights violations, including sexual violence,” and that “There is no widespread occurrence of human rights violations with impunity.”
Saturday, January 29, 2011
Enact the Anti-Enforced Disappearance Law NOW!
(Related article: FIND's Press statement on the 10th Anniversary of the enforced disappearance of the PICOP 6 workers. Source: http://www.facebook.com/profile.php?id=100001961504731#!/note.php?note_id=167266576619200)
14 October 2010
Disappeared but Unsilenced
The PICOP 6 workers who were forcibly abducted from a videoke bar in Sta. Maria, Trento, Agusan del Sur by members of the 62nd Infantry Battalion of the Philippine Army last October 14, 2000. FINDArtemio Ayala, Jr., Joseph Belar, Arnold Dangquiasan, Jovencio Lagare, Diosdado Oliver and Romualdo Orcullo were unlawfully arrested, illegally detained, inhumanely tortured, violently killed, unceremoniously buried, hastily unearthed, and unconscionably burned.
On the night of October 14, 2000, six sub-contractual workers of the PICOP Resources, Inc. were forcibly abducted from a videoke bar in Sta. Maria, Trento, Agusan del Sur by members of the 62nd Infantry Battalion of the Philippine Army.
Friday, January 28, 2011
STATEMENT FOR NATIONAL DAY OF PRAYER FOR THE DISAPPEARED by Find
Photo by FINDThe article below was released by Families of Victims of Involuntary Disappearance (FIND) last year as part of the 2010 Human Rights week commemoration. We are posting related articles as part of cat alert's contribution and support for the human rights community's campaign for the enactment of the Anti-Enforced Disappearance law.
STATEMENT FOR NATIONAL DAY OF PRAYER FOR THE DISAPPEARED by Find Campaigns on Friday, December 3, 2010 at 12:42pm
03 December 2010
“Your hands are full of blood; wash and make yourselves clean. Take your evil deeds out of my sight! Stop doing wrong, learn to do right! Seek justice, encourage the oppressed. Defend the cause of the fatherless, plead the case of the widow.” (Isaiah 1:16-17)
The strong words of the prophet Isaiah are as relevant today as when he spoke rebuking the deeds of the leaders in his time.
It is the same urgent words that the Families of Victims of Involuntary Disappearance (FIND) addresses to the present government as it observes today, December 3, 2010 the National Day of Prayer for the Disappeared.
Wednesday, January 26, 2011
Revisiting credibility of police witness - INQUIRER.net, Philippine News for Filipinos
Revisiting credibility of police witness - INQUIRER.net, Philippine News for FilipinosThe five allegedly innocent men accused of murdering the notorious Colonel Rolando Abadilla. (Photo: Philippine Daily Inquirer) source http://www.hrsolidarity.net
RELYING on the lone testimony of an eyewitness, the Supreme Court, in its decision of Sept. 7, 2010, affirmed the conviction of Senior Police Officer 2 Cesar Fortuna, Rameses de Jesus, Lenido Lumanog, Joel de Jesus and Augusto Santos – known as the Abadilla 5 – for the June 13, 1996 ambush-slay of Colonel Rolando Abadilla, a Marcos henchman.
In contrast, in the Vizconde murders, the Supreme Court disregarded the testimonies of four eyewitnesses in favor of Hubert Webb’s alibi.
Two cases. Different results.
The Abadilla 5 bring to fore a question long explored by experts in human behavior: Is eyewitness testimony or identification reliable?
(to read the whole article please follow thw link http://opinion.inquirer.net/inquireropinion/talkofthetown/view/20110122-315990/Revisiting-credibility-of-police-witness)
Monday, January 24, 2011
CHR files torture charges vs Baguio cop, assassin - INQUIRER.net, Philippine News for Filipinos
CHR files torture charges vs Baguio cop, assassin - INQUIRER.net, Philippine News for Filipinos
Philippine Daily Inquirer
First Posted 20:38:00 01/23/2011
Filed Under: Police, Crime, Kidnapping
BAGUIO CITY, Philippines – The Commission on Human Rights (CHR) has filed criminal charges against a Baguio policeman and a suspected hired killer tagged in the abduction and torture of a vegetable trader here last year.
Lawyer Lyndon Morales of the CHR said charges for violation of Republic Act No. 9745 (Anti-torture Act of 2009) were filed against the suspects before the city prosecutor’s office on Thursday.
In December, the CHR took custody of the vegetable trader who claimed that the suspects, with the help of other men, abducted him in August. In his affidavit, the trader said he was tortured and made to confess to a murder.
“[A man] was punching me while forcing me to admit that I was the one who shot [my business rival].
“Simultaneously, somebody was also hitting my head,” the witness wrote in his affidavit dated Dec. 14.
He said his abductors, who spoke in Ilocano, threatened to pull his nails and castrate him. He said he was able to escape after his guards fell asleep.
More evidence
Morales said they uncovered more evidence that linked the policeman to the abduction.
“We checked the Statement of Assets, Liabilities and Net Worth (SALN) of the police officer and found a house and a vehicle matching the witness’ description of the house [where he was held] and the car used in the abduction,” Morales said.
Senior Supt. David Lacdan, Baguio police director, said he met with CHR officials last week and promised that he would help in the investigation.
“We reassigned the [concerned] personnel so [he could not] influence … the conduct of this investigation,” Lacdan said.
The policeman and the suspected hired killer are also facing illegal detention charges that the vegetable trader and his lawyer filed in August last year.
Witness challenged
But a resident, who said she knew the people involved in this case, challenged the credibility of the CHR’s witness.
In a letter she sent the Inquirer, the resident, who asked not to be named saying she has been receiving threats, said the CHR’s witness was unreliable and is a respondent in an ongoing murder trial in La Trinidad, Benguet.
“Checking the … alleged CHR witness’ lifestyle would help a lot,” the resident said.
But Morales said the CHR is standing by its witness.
“When he came to us, we didn’t believe him at first … [but eventually, we believed him because his statements are] consistent,” Morales said.
He said information in the witness’ affidavit were confirmed when a CHR team inspected the area where he was held and the escape route that he used. Statements of people who helped the witness after his escape also corroborated the affidavit.
“As far as his affidavit is concerned, we believe him. If he is guilty in other cases, it doesn’t mean that he fabricated the events of his abduction,” Morales said. Elmer Kristian Dauigoy, Inquirer Northern Luzon
Philippine Daily Inquirer
First Posted 20:38:00 01/23/2011
Filed Under: Police, Crime, Kidnapping
BAGUIO CITY, Philippines – The Commission on Human Rights (CHR) has filed criminal charges against a Baguio policeman and a suspected hired killer tagged in the abduction and torture of a vegetable trader here last year.
Lawyer Lyndon Morales of the CHR said charges for violation of Republic Act No. 9745 (Anti-torture Act of 2009) were filed against the suspects before the city prosecutor’s office on Thursday.
In December, the CHR took custody of the vegetable trader who claimed that the suspects, with the help of other men, abducted him in August. In his affidavit, the trader said he was tortured and made to confess to a murder.
“[A man] was punching me while forcing me to admit that I was the one who shot [my business rival].
“Simultaneously, somebody was also hitting my head,” the witness wrote in his affidavit dated Dec. 14.
He said his abductors, who spoke in Ilocano, threatened to pull his nails and castrate him. He said he was able to escape after his guards fell asleep.
More evidence
Morales said they uncovered more evidence that linked the policeman to the abduction.
“We checked the Statement of Assets, Liabilities and Net Worth (SALN) of the police officer and found a house and a vehicle matching the witness’ description of the house [where he was held] and the car used in the abduction,” Morales said.
Senior Supt. David Lacdan, Baguio police director, said he met with CHR officials last week and promised that he would help in the investigation.
“We reassigned the [concerned] personnel so [he could not] influence … the conduct of this investigation,” Lacdan said.
The policeman and the suspected hired killer are also facing illegal detention charges that the vegetable trader and his lawyer filed in August last year.
Witness challenged
But a resident, who said she knew the people involved in this case, challenged the credibility of the CHR’s witness.
In a letter she sent the Inquirer, the resident, who asked not to be named saying she has been receiving threats, said the CHR’s witness was unreliable and is a respondent in an ongoing murder trial in La Trinidad, Benguet.
“Checking the … alleged CHR witness’ lifestyle would help a lot,” the resident said.
But Morales said the CHR is standing by its witness.
“When he came to us, we didn’t believe him at first … [but eventually, we believed him because his statements are] consistent,” Morales said.
He said information in the witness’ affidavit were confirmed when a CHR team inspected the area where he was held and the escape route that he used. Statements of people who helped the witness after his escape also corroborated the affidavit.
“As far as his affidavit is concerned, we believe him. If he is guilty in other cases, it doesn’t mean that he fabricated the events of his abduction,” Morales said. Elmer Kristian Dauigoy, Inquirer Northern Luzon
Friday, January 21, 2011
Rules vs Islam prayer tagged jailbreak reason - INQUIRER.net, Philippine News for Filipinos
Rules vs Islam prayer tagged jailbreak reason - INQUIRER.net, Philippine News for Filipinos
Philippine Daily Inquirer
First Posted 21:07:00 01/20/2011
Filed Under: Religion & Belief, Conflicts (general), Prison, Police
COTABATO CITY, Philippines—At least 16 inmates bolted this city’s jail on Thursday dawn after they were allegedly prohibited from performing an Islamic prayer ritual.
One of the inmates was recaptured. He told reporters that detainees in cell No. 13 have been protesting a prohibition allegedly issued by jail authorities against “sambayang,” or Islamic community prayers that are performed every Friday.
The sambayang is a prayer ritual that Muslims perform facing the east.
A recaptured inmate, Darwin Herbias, said his cell mates have been protesting a prohibition by jail authorities against the sambayang.
Inspector Buenaventura Pedrita, acting city warden, declined to issue a statement on the allegations or the escape.
Herbias said after careful planning, he and the other escapees sawed off the iron grills of their cell and fashioned ropes out of their blankets.
He said they used their improvised ropes to lower themselves from their cell window, swim in the river behind the jail and flee at about 1 a.m.
Herbias, who faces robbery charges, said he was not among those who planned the escape but joined it just the same.
Mayor Japal Guiani Jr. said 15 inmates—some of whom face murder and robbery cases—remained at large.
Guiani said allegations made by inmates about being prevented to perform their prayer ritual are now being investigated. Edwin Fernandez, Inquirer Mindanao
Philippine Daily Inquirer
First Posted 21:07:00 01/20/2011
Filed Under: Religion & Belief, Conflicts (general), Prison, Police
COTABATO CITY, Philippines—At least 16 inmates bolted this city’s jail on Thursday dawn after they were allegedly prohibited from performing an Islamic prayer ritual.
One of the inmates was recaptured. He told reporters that detainees in cell No. 13 have been protesting a prohibition allegedly issued by jail authorities against “sambayang,” or Islamic community prayers that are performed every Friday.
The sambayang is a prayer ritual that Muslims perform facing the east.
A recaptured inmate, Darwin Herbias, said his cell mates have been protesting a prohibition by jail authorities against the sambayang.
Inspector Buenaventura Pedrita, acting city warden, declined to issue a statement on the allegations or the escape.
Herbias said after careful planning, he and the other escapees sawed off the iron grills of their cell and fashioned ropes out of their blankets.
He said they used their improvised ropes to lower themselves from their cell window, swim in the river behind the jail and flee at about 1 a.m.
Herbias, who faces robbery charges, said he was not among those who planned the escape but joined it just the same.
Mayor Japal Guiani Jr. said 15 inmates—some of whom face murder and robbery cases—remained at large.
Guiani said allegations made by inmates about being prevented to perform their prayer ritual are now being investigated. Edwin Fernandez, Inquirer Mindanao
Thursday, January 20, 2011
CHR lectures NOLCOM soldiers on the Anti-Torture Act
(just sharing this article posted at http://www.pia.gov.ph
Camp Aquino, Tarlac City (22 August) -- Upon invitation of the Northern Luzon Command (NOLCOM), Atty. Jasmin Navarro Regino, Regional Director of the Commission on Human Rights (CHR) Region 3 conducted a seminar-lecture to AFP field unit commanders and other organic officers here on Friday regarding Republic Act 9745 otherwise known as the Anti-Torture Act of 2009.
NOLCOM spokesperson Major Rosendo Armas said the seminar was an offshoot of Major General Gaudencio Pangilinan's declaration of his commitment to uphold human rights when he assumed command of NOLCOM on July 8, this year.
He wanted to make sure that every soldier especially the commanders are aware of their responsibilities and accountabilities as public servants because the full force of the law will be meted against recalcitrant or abusive soldiers.
The brigade commanders of the two Army divisions (5th ID, PA and 7th ID, PA) under NOLCOM were present together with the heads of military intelligence battalions/groups, security units, and representatives from the Naval Forces Northern Luzon and the 1st Air Division, Philippine Air Force.
Atty. Regino vividly explained salient provisions of the Anti-Torture Act of 2009. Accordingly, RA 9745 criminalizes all forms of torture - physical, mental, psychological and pharmacological (the latter is done through administering drugs). Moreover, the law disallows any justification for torture and other inhuman punishments. Torturers will be penalized as principals, as well as their superiors in the military, police or law enforcement establishments who ordered the torture.
Prior to the enactment of the Anti-Torture Act of 2009, a commander is only liable administratively under the principle of command responsibility for acts committed by his/her subordinates.
Apparently, the law also requires the military and police to submit a monthly report listing all its detention centers, including safe houses, to the CHR. Those who maintain secret detention centers or fail to include a detention center in the list provided to the CHR will be penalized.
She further emphasized that the maximum penalty for violators of this act is reclusion perpetua or life imprisonment. Other penalties range from a minimum of six months to a maximum of 12 years of imprisonment depending on the gravity of the offense.
The law also includes provisions for the protection of complainants and witnesses and persons involved in the prosecution and the establishment of a rehabilitation program for victims
The Implementing Rules and Regulations (IRR) of RA 9745 were discussed by Atty. Jesus C. Simbulan, Regional State Prosecutor and Atty. Oliver S. Garcia, Angeles City Prosecutor, both of DOJ Region 3.
Colonel Gerard Velez, Civil-Military Operations Chief of NOLCOM said knowledge of existing laws particularly this new Anti-Torture Act will serve as an effective reminder to all members of the AFP, PNP and other law enforcement agencies in performing their assigned tasks in a very professional manner.
RA 9745 was signed into law by the former president on November 10, 2009. (NOLCOM)
Camp Aquino, Tarlac City (22 August) -- Upon invitation of the Northern Luzon Command (NOLCOM), Atty. Jasmin Navarro Regino, Regional Director of the Commission on Human Rights (CHR) Region 3 conducted a seminar-lecture to AFP field unit commanders and other organic officers here on Friday regarding Republic Act 9745 otherwise known as the Anti-Torture Act of 2009.
NOLCOM spokesperson Major Rosendo Armas said the seminar was an offshoot of Major General Gaudencio Pangilinan's declaration of his commitment to uphold human rights when he assumed command of NOLCOM on July 8, this year.
He wanted to make sure that every soldier especially the commanders are aware of their responsibilities and accountabilities as public servants because the full force of the law will be meted against recalcitrant or abusive soldiers.
The brigade commanders of the two Army divisions (5th ID, PA and 7th ID, PA) under NOLCOM were present together with the heads of military intelligence battalions/groups, security units, and representatives from the Naval Forces Northern Luzon and the 1st Air Division, Philippine Air Force.
Atty. Regino vividly explained salient provisions of the Anti-Torture Act of 2009. Accordingly, RA 9745 criminalizes all forms of torture - physical, mental, psychological and pharmacological (the latter is done through administering drugs). Moreover, the law disallows any justification for torture and other inhuman punishments. Torturers will be penalized as principals, as well as their superiors in the military, police or law enforcement establishments who ordered the torture.
Prior to the enactment of the Anti-Torture Act of 2009, a commander is only liable administratively under the principle of command responsibility for acts committed by his/her subordinates.
Apparently, the law also requires the military and police to submit a monthly report listing all its detention centers, including safe houses, to the CHR. Those who maintain secret detention centers or fail to include a detention center in the list provided to the CHR will be penalized.
She further emphasized that the maximum penalty for violators of this act is reclusion perpetua or life imprisonment. Other penalties range from a minimum of six months to a maximum of 12 years of imprisonment depending on the gravity of the offense.
The law also includes provisions for the protection of complainants and witnesses and persons involved in the prosecution and the establishment of a rehabilitation program for victims
The Implementing Rules and Regulations (IRR) of RA 9745 were discussed by Atty. Jesus C. Simbulan, Regional State Prosecutor and Atty. Oliver S. Garcia, Angeles City Prosecutor, both of DOJ Region 3.
Colonel Gerard Velez, Civil-Military Operations Chief of NOLCOM said knowledge of existing laws particularly this new Anti-Torture Act will serve as an effective reminder to all members of the AFP, PNP and other law enforcement agencies in performing their assigned tasks in a very professional manner.
RA 9745 was signed into law by the former president on November 10, 2009. (NOLCOM)
‘Abadilla 5’ suffers another setback at SC - INQUIRER.net, Philippine News for Filipinos
Photo source: http://www.humanrights.asia‘Abadilla 5’ suffers another setback at SC - INQUIRER.net, Philippine News for Filipinos
MANILA, Philippines—The Supreme Court has set aside the petition of an activist priest purportedly offering new information on the case of the “Abadilla 5,” delivering yet another blow to the long-drawn legal battle of five men convicted of killing former Col. Rolando Abadilla.
Practically dismissing the proffered evidence as hearsay, Supreme Court spokesperson and administrator Jose Midas Marquez said the magistrates junked the petition of “running priest” Fr. Robert Reyes for leave to manifest for lack of merit.
Marquez said the high court had yet to render its decision on the motion for reconsideration filed by Joel de Jesus, Lenido Lumanog, Rameses de Jesus, Cesar Fortuna and Augusto Santos.
On Sept. 7, 2010, the high court voted 10-4 in upholding the Quezon City Regional Trial Court’s decision finding the five accused guilty of killing Abadilla, a notorious military intelligence officer during the Marcos dictatorship.
In his dissenting opinion, Senior Associate Justice Antonio Carpio said the conviction of the five was a “blatant and unacceptable transgression of the constitutional rights of the accused.”
He said their conviction was “speedy, but false, justice to the aggrieved.”
No personal knowledge
“The court did not find merit in the leave to file that manifestation so the motion has been denied and the consequent manifestation has been noted without action,” Marquez said in a news briefing.
“It appears that Father Robert Reyes does not have personal knowledge of what was told to him precisely. It was just mentioned to him,” he added.
Despite the latest legal setback, Reyes vowed to continue helping the Abadilla 5 and their families’ quest “for truth and justice.”
But he said the Supreme Court’s ruling might prompt them to reconsider their earlier decision to embark on a hunger strike
Torture charges
“We are not stopping the fight. Now, we just have to prepare to go on a hunger strike with the way they are treating the case,” Reyes said in a phone interview.
Reyes, the families of the Abadilla 5 and their supporters had initially threatened to go on a hunger strike to press the Office of the Ombudsman to act on the case against 15 policemen who allegedly tortured the five.
They decided to forego the plan after Ombudsman Merceditas Gutierrez said she would act on the case. Last week, the anti-graft body recommended the filing of charges against the policemen.
According to Reyes, he and others supporting the Abadilla 5 would exhaust all legal and extralegal means to free the five men who, he said, epitomized the injustices that poor Filipinos have to put up with.
“He (Marquez) may be right when he said that I did not have personal knowledge (of the killing.) But what I know is that there was a miscarriage of justice,” the priest said. “I have been part of the families’ search for truth and justice. I’m a witness to their sacrifices. There’s so much at stake here.”
Although he expected the high court to strike down his pleading, Reyes said he was surprised with the haste with which the justices acted on it.
Invisible hand?
The justices, he said, should consider the findings of the Ombudsman that the five men were unlawfully arrested and tortured by the police.
“I have accepted the possibility that this would happen, but not this soon,” he lamented. “This is really saddening. It makes one wonder why the [justices are] adamant in hearing our evidences. There seems to be an invisible hand behind their moves.”
Tuesday, January 18, 2011
CHR to handle Marcos claims - INQUIRER.net, Philippine News for Filipinos
Photo source: arconagbuya.wordpress.com CHR to handle Marcos claims - INQUIRER.net, Philippine News for Filipinos
By Kristine L. Alave
Philippine Daily Inquirer
First Posted 01:29:00 01/16/2011
Filed Under: Human Rights, Crime and Law and Justice, Government offices & agencies
MANILA, Philippines—The actual number of claimants that stand to gain from the payout from a class-action suit against the Marcoses may be more than the 7,526 on the official list, Commission on Human Rights (CHR) chair Loretta Ann “Etta” Rosales said.
In a phone interview Saturday, Rosales said the CHR is expecting more victims of human-rights abuses during the regime of late dictator Ferdinand Marcos to come forward now that the court has announced the distribution of the settlement.
A federal judge in Honolulu approved on Thursday the distribution of $7.5 million to settle a lawsuit filed by thousands of victims of torture, execution and abduction under the Marcos regime.
$1,000 each
Each eligible member of the class-action lawsuit will be awarded $1,000 under the plan approved by US District Judge Manuel Real.
The distribution provides the victims their first opportunity to collect something since they sued in 1986. The funds for the settlement come from Marcos-acquired land in the American states of Texas and Colorado.
According to Rosales, there were 9,539 claimants when the case was filed in 1986. But this figure was reduced to about 7,500 when some claimants did not reply to two letters from the court attesting their identities.
Rosales, who used to head the Claimants 1081, a group of abuse victims, said there might be some claimants who did not get the letters and were unable to reply to it.
Those who replied to the letters are included in the 7,526 names listed in the class suit and who are eligible to secure compensation.
“As far as class suits go, those who sent a reply to the second letter will be prioritized,” Rosales said.
In her personal opinion, Rosales said the 2,000 names stricken off the original list of 9,539 may also be entitled to the settlement.
But if the court is adamant that they are not included in the present pay-out, they could still receive compensation in the future, she said.
The CHR official said they will collect the names of those who claim to be human rights victims but are not on the official list.
“If not to the claims of the class suit, they are entitled to compensation under the Compensation Bill,” Rosales said.
The human-rights compensation bill, which failed to pass in the last two Congresses, provides for compensation to about 10,000 victims of involuntary disappearances, torture, murders, rape and harassment during the Marcos years.
More than a month
A law is needed to compensate the human-rights victims because the sequestered ill-gotten wealth of the Marcoses is otherwise set aside for the implementation of the Comprehensive Agrarian Reform Law.
Rosales said Robert Swift, the lead counsel, estimated that the distribution will take about a month, but Rosales said it could take longer.
She noted that the CHR and the lawyers have to contact the claimants, many of whom live in remote rural areas. The verification of the claimants’ identities will be up to the lawyers, she noted.
Rosales said the CHR was contacted by Swift last November to help out in the distribution of the claims.
Last week, the agency issued a resolution allowing itself to be used as the “physical venue” for the claims, Rosales said.
The CHR official said details of how the funds will go to the claimants have yet to be ironed out.
However, Rosales noted that there could be a memorandum of agreement between the private lawyers and the CHR in the near future to facilitate the distribution.
Satur Ocampo, a former representative of the party-list group Bayan Muna and one of the claimants, said the $1,000 pay out may be “loose change” to the Marcoses, but it was a recognition of the abuses done during the martial law years.
“It is a confirmation, an acknowledgment that the Marcoses had amassed ill-gotten wealth,” he said.
Saturday, January 15, 2011
Protect Human Rights Defenders! Protect Cocoy Tulawie, Sign Petition Now!
Related article please see www.tfdp.netHIS EXCELLENCY BENIGNO SIMEON AQUINO III President Republic of the Philippines
Dear Mr. President:
Greetings of Peace and Justice!
We come to you with a great sense of urgency and concern over the plight of our colleague in the human rights movement, MR. TEMOGEN “COCOY” TULAWIE who is a long standing human rights defender in the Province of Sulu. We have known the human rights work of Mr. Tulawie over the last 10 years and we have seen how he courageously took up the cudgel of justice, rule of law and human rights in his small embattled island. In highly militarized areas in Mindanao such as in Sulu and Maguindanao where the rule of law is taken over by the rule of warlords and private armies, the price of human rights is very very high – human rights defenders in these areas pay for it with their lives and freedom. Such is what had happened in the Maguindanao massacre, such is what is happening to Mr. Tulawie now.
Among other invaluable contributions to the struggle for human rights defense in the islands of Sulu, Mr. Tulawie took the frontline in resisting warlordism and military rule when, with the support of human rights groups and civil society organizations in the province, Colonel Natalio Ecarma, Commanding Officer of the 3rd Marine Brigade stationed in Sulu and the Provincial Governor of Sulu withdrew the imposition of an ID system in January 2008. The issued IDs were seen by the residents of Sulu as an insult to their culture and religion, and is part of the religious profiling that has been on-going in the name of “war against terror”. Sulu residents also raised the concern that the military enforcement of the ID cards likens the province of Sulu to a “garrison state”. Mr. Tulawie also opposed the putting of the province under Emergency Rule and organized several human rights campaigns, including the conduct of fact-finding missions and the expose of the series of gang rapes in the islands which pointed to warlords’ sons and members of the Civilian Emergency Forces (private armies turned civilian armed forces under the employ of the Governor of Sulu) as perpetrators.
All this earned the ire of powerful politicians in the province, not least of whom Governor Abdusakur Tan who initiated a legal persecution against Mr. Tulawie. Governor Tan had warned civil society groups against human rights reporting saying that this is detrimental to the image of Sulu. On July 22, 2009, he filed a case of Multiple Frustrated Murder and Attempted Murder at the Regional Trial Court (RTC) Branch 3 of Jolo against Mr. Tulawie, alleging that the latter was involved in the bombing incident of May 13, 2009, which wounded 12 persons including the Governor. Witnesses produced by the Governor had now retracted and admitted to a forced confession and one had been found dead after a reported jailbreak. Mr. Tulawie, on the other hand, had to go into hiding after a warrant of arrest had been secured against him by the court.
OUR APPEAL
Mr. Tulawie is prepared and willing to face the charges filed against him. Considering who he is up against, he is fearful for his safety and that of his family once he comes out in the open, and he needs adequate protection to safeguard their lives and security . Mr. Tulawie strongly believes that now is the most opportune time to face these charges against him, at the time of your administration and with your policies on strengthening the Justice Department, eliminating extrajudicial killings, broadly supporting just peace and giving redress to decades of neglect of the Moro and other peoples of Mindanao.
We believe that the exigency and magnitude of this case merit the attention of the highest official of the land. We are, therefore, respectfully appealing to your Office to intervene in the case filed against Temogen Tulawie. We believe that it is only you, Mr. President, who can afford him the necessary protection against the ongoing legal and judicial harassment against his person. We also appeal to your presidential powers to grant and issue an executive clemency that will make Temogen Tulawie a free man again.
to sign the petition click http://hrdefender.org/
Friday, January 14, 2011
PNP dismisses cop in torture video - INQUIRER.net, Philippine News for Filipinos
PNP dismisses cop in torture video - INQUIRER.net, Philippine News for Filipinos
Quick action vowed on other cases
By Alcuin Papa, Tina Santos
Philippine Daily Inquirer
First Posted 21:49:00 01/13/2011
Filed Under: Police, Crime, Human Rights, Punishment
MANILA, Philippines—The Manila policeman who was caught on video torturing a suspected robber inside a police station last year has been dismissed from the service.
Philippine National Police (PNP) spokesperson Chief Superintendent Agrimero Cruz said PNP chief Director General Raul Bacalzo denied last week a motion for reconsideration filed by Senior Inspector Joselito Binayug, former commander of the police precinct in Asuncion, Tondo.
The PNP’s Internal Affairs Service had officially dismissed Binayug last year.
“His motion for reconsideration was denied last week by the Chief PNP. As such, he has been dismissed and his benefits have been stripped,” Cruz told the Inquirer.
Earlier, the Inquirer learned of Binayug’s dismissal from Interior and Local Government Secretary Jesse Robredo during a press briefing at the National Police Commission (Napolcom) office in Makati City.
“Binayug was dismissed based on charges [of] violating the Anti-Torture Act …” Robredo said.
In August, a video of a man, believed to be Binayug, torturing a suspected robber, was aired by a television network. It showed him hitting the naked suspect and pulling a string tied to the latter’s genitals. The video sparked outrage from the Commission on Human Rights as well as local and international rights groups.
Cruz said the PNP gave Binayug “due process” in the dismissal proceedings.
“His charge was grave misconduct related to the torture of the suspect. We will never tolerate such acts more so if they are committed by our men,” he added.
The dismissal of Binayug comes on the heels of criticism being thrown at the PNP leadership for a series of crimes—ranging from rape, murder and kidnapping—reportedly perpetrated by men in uniform. The PNP leadership had vowed to get tough on rogues in uniform.
Meanwhile, a Napolcom official said the agency would act as the complainant or representative of witnesses who were reluctant to file charges against policemen.
Napolcom vice chair Eduardo Escueta said the move was meant to fast-track the resolution of high profile cases involving law enforcers.
“In sensational cases, Napolcom will take motu propio action and act as the complainant to expedite the cases,” he told reporters during a press briefing on the status of various cases filed against lawmen.
“This means that we will not wait for a complainant to file a complaint. This way, we will be faster in finding probable cause and in issuing preventive suspension orders and we can easily move the summary proceedings for the dismissal or demotion of police officers involved,” he added.
Quick action vowed on other cases
By Alcuin Papa, Tina Santos
Philippine Daily Inquirer
First Posted 21:49:00 01/13/2011
Filed Under: Police, Crime, Human Rights, Punishment
MANILA, Philippines—The Manila policeman who was caught on video torturing a suspected robber inside a police station last year has been dismissed from the service.
Philippine National Police (PNP) spokesperson Chief Superintendent Agrimero Cruz said PNP chief Director General Raul Bacalzo denied last week a motion for reconsideration filed by Senior Inspector Joselito Binayug, former commander of the police precinct in Asuncion, Tondo.
The PNP’s Internal Affairs Service had officially dismissed Binayug last year.
“His motion for reconsideration was denied last week by the Chief PNP. As such, he has been dismissed and his benefits have been stripped,” Cruz told the Inquirer.
Earlier, the Inquirer learned of Binayug’s dismissal from Interior and Local Government Secretary Jesse Robredo during a press briefing at the National Police Commission (Napolcom) office in Makati City.
“Binayug was dismissed based on charges [of] violating the Anti-Torture Act …” Robredo said.
In August, a video of a man, believed to be Binayug, torturing a suspected robber, was aired by a television network. It showed him hitting the naked suspect and pulling a string tied to the latter’s genitals. The video sparked outrage from the Commission on Human Rights as well as local and international rights groups.
Cruz said the PNP gave Binayug “due process” in the dismissal proceedings.
“His charge was grave misconduct related to the torture of the suspect. We will never tolerate such acts more so if they are committed by our men,” he added.
The dismissal of Binayug comes on the heels of criticism being thrown at the PNP leadership for a series of crimes—ranging from rape, murder and kidnapping—reportedly perpetrated by men in uniform. The PNP leadership had vowed to get tough on rogues in uniform.
Meanwhile, a Napolcom official said the agency would act as the complainant or representative of witnesses who were reluctant to file charges against policemen.
Napolcom vice chair Eduardo Escueta said the move was meant to fast-track the resolution of high profile cases involving law enforcers.
“In sensational cases, Napolcom will take motu propio action and act as the complainant to expedite the cases,” he told reporters during a press briefing on the status of various cases filed against lawmen.
“This means that we will not wait for a complainant to file a complaint. This way, we will be faster in finding probable cause and in issuing preventive suspension orders and we can easily move the summary proceedings for the dismissal or demotion of police officers involved,” he added.
Woman weeps on hearing sister was raped in Maguindanao massacre - INQUIRER.net, Philippine News for Filipinos
Woman weeps on hearing sister was raped in Maguindanao massacre - INQUIRER.net, Philippine News for Filipinos
By Philip Tubeza
Philippine Daily Inquirer
First Posted 16:13:00 01/13/2011
Filed Under: Crime and Law and Justice, Judiciary (system of justice), Maguindanao Massacre
MANILA, Philippines—“They’re monsters!”
This was what a teary-eyed Eden Sandoval said at the resumption of the Maguindanao massacre trial on Thursday after hearing that her 51-year-old sister bore signs of rape before she was brutally killed along with her husband.
“They’re monsters. They’re not human. How could they do this?” Sandoval aftrer rushing out of the courtroom of the Quezon City Regional Trial Court.
Her sister, Cecille Lechonsito, had traces of semen and a contusion in the vagina, Chief Inspector Dean Cabrera, a medico-legal expert from the Philippine National Police Crime Laboratory, told the court.
(to read the whole article please follow the link.)
By Philip Tubeza
Philippine Daily Inquirer
First Posted 16:13:00 01/13/2011
Filed Under: Crime and Law and Justice, Judiciary (system of justice), Maguindanao Massacre
MANILA, Philippines—“They’re monsters!”
This was what a teary-eyed Eden Sandoval said at the resumption of the Maguindanao massacre trial on Thursday after hearing that her 51-year-old sister bore signs of rape before she was brutally killed along with her husband.
“They’re monsters. They’re not human. How could they do this?” Sandoval aftrer rushing out of the courtroom of the Quezon City Regional Trial Court.
Her sister, Cecille Lechonsito, had traces of semen and a contusion in the vagina, Chief Inspector Dean Cabrera, a medico-legal expert from the Philippine National Police Crime Laboratory, told the court.
(to read the whole article please follow the link.)
Cop caught on camera torturing suspect dismissed from service - INQUIRER.net, Philippine News for Filipinos
Cop caught on camera torturing suspect dismissed from service - INQUIRER.net, Philippine News for Filipinos
MANILA, Phi
lippines – The policeman caught on camera torturing a robbery suspect was dismissed from the service, a spokesman for the Philippine National Police said, stressing that the PNP will not go easy on erring personnel.
Chief Superintendent Agrimero Cruz Jr. said PNP chief RaulBacalzo decided "with finality" to dismiss Senior Inspector Joselito Binayug, the precinct commander of Asuncion, Tondo.
Binayug was the one caught on camera last year torturing a robbery suspect who was bound and naked.
The Internal Affa
irs Service of the National Capital Region officially dismissed Binayug last year and Bacalzo denied the policeman's motion for reconsideration just last week.
"We will not tolerate violations of the law, much less those committed by our men," Cruz said in an interview.
"The chief PNP stressed that this kind of man has no place in the organization," he added.
With the dismissal, Binayug forfeits his pension and other benefits.
"He is also perpetually disqualified to hold any public post," Cruz added.
related posts:
Police and Military Torturers must be relieved from their posts and be punished under RA 9745
Rights groups prod Aquino to go after gov’t torturers
Wednesday, January 12, 2011
“No one leaves there without marks”
“No one leaves there without marks”
07-01-2011
Dilma Rousseff, Brazil’s first female president, is a torture survivor who thinks about the torture victims of the past and of the present.
Last Saturday, 1 January 2011, Ms Dilma Rousseff opened her first official speech as Brazil’s first female president by saying that she would not use the opportunity to boast about her own life story. However, most people would agree that her story, from enduring torture and prison during the country's 21-year military dictatorship to taking the helm of Latin America’s largest nation, is remarkable.
Almost 40 years ago, in January 1970, Dilma Rousseff was arrested in São Paulo due to her
participation in the movement of resistance against the dictatorship. She was taken to a prison kept by the Bandeirantes Operation (OBAN), an organisation created by the Brazilian Army to investigate members of the resistance against the military regime. There Dilma Rousseff survived 22 days of intense torture. One of the few occasions on which she spoke about what she went through during her time in prison was in an interview with the Brazilian journalist Luiz Maklouf Carvalho two years ago.
(to read more please follow the link above)
or visit http://www.irct.org
07-01-2011
Dilma Rousseff, Brazil’s first female president, is a torture survivor who thinks about the torture victims of the past and of the present.
Last Saturday, 1 January 2011, Ms Dilma Rousseff opened her first official speech as Brazil’s first female president by saying that she would not use the opportunity to boast about her own life story. However, most people would agree that her story, from enduring torture and prison during the country's 21-year military dictatorship to taking the helm of Latin America’s largest nation, is remarkable.
Almost 40 years ago, in January 1970, Dilma Rousseff was arrested in São Paulo due to her
participation in the movement of resistance against the dictatorship. She was taken to a prison kept by the Bandeirantes Operation (OBAN), an organisation created by the Brazilian Army to investigate members of the resistance against the military regime. There Dilma Rousseff survived 22 days of intense torture. One of the few occasions on which she spoke about what she went through during her time in prison was in an interview with the Brazilian journalist Luiz Maklouf Carvalho two years ago.
(to read more please follow the link above)
or visit http://www.irct.org
3,000 soldiers, cops face human rights raps; conviction rate ‘dismal’ | VERA Files
3,000 soldiers, cops face human rights raps; conviction rate ‘dismal’ | VERA Files
MORE than 3,000 military and police personnel have been accused of human rights violations since 2005, with a “very dismal” rate of conviction.
MORE than 3,000 military and police personnel have been accused of human rights violations since 2005, with a “very dismal” rate of conviction.
Figures from the Commission on Human Rights show that from 2005 to July 2009, a total of 3,196 members of the Armed Forces of the Philippines and the Philippine National Police had been the subject of cases of alleged human rights violation filed with the commission. Of the number, 2,408 were policemen and 788 were military personnel.
CHR Chairperson Loretta Ann Rosales said the average rate of conviction–16 percent– was “very dismal.”
(Just sharing this article, to read more please follow the link)
Tuesday, January 11, 2011
Ombudsman finally acts on torture case filed by Abadilla 5 - INQUIRER.net, Philippine News for Filipinos
Ombudsman finally acts on torture case filed by Abadilla 5 - INQUIRER.net, Philippine News for Filipinos
Philippine Daily Inquirer
First Posted 00:52:00 01/11/2011
Filed Under: Crime and Law and Justice, Torture, Justice & Rights, Human Rights
MANILA, Philippines—After 14 years, a complaint of torture filed by the so-called Abadilla 5 against their arresting officers were finally acted upon by judicial authorities.
The Office of the Ombudsman Monday recommended the filing of criminal charges against 15 policemen for allegedly torturing and violating the rights of five people who were convicted 11 years ago by Quezon City Judge Jaime Salazar for the June 13, 1996, murder of former Col. Rolando Abadilla, a dreaded intelligence officer during the Marcos regime.
Salazar found the accused—Lenido Lumanog, Cesar Fortuna, Joel de Jesus, Rameses de Jesus and Augusto Santos—guilty beyond reasonable doubt on the basis of the uncorroborated testimony of a single eyewitness and the confessions that the police extracted from the accused through torture. They were sentenced to death by lethal injection.
The latest move by the Office of the Ombudsman, however, offers some hope to the Abadilla 5, whose conviction has recently been affirmed by the Supreme Court. The Abadilla 5 have filed a motion for reconsideration.
At every stage of the judicial process, the Abadilla 5 have insisted they were denied their right to a fair trial when operatives of Task Force Rolly, a special police unit formed to solve the Abadilla killing, arrested them illegally, detained them in a “safe house,” and beat confessions out of them.
Overall Deputy Ombudsman Orlando Casimiro said medico-legal reports of the Commission on Human Rights (CHR) supported the Abadilla 5’s allegations of torture against the members of Task Force Rolly.
Ordered charged were Senior Supt. Romulo Sales; Senior Supt. Bartolome Baluyut; Chief Insp. Robert Ganzon; Chief Insp. Romeo Regis; Senior Insp. Anthony Rodolfo; Insp. Rogelio Castillo; SPO4 Dario Anasco; SPO2 Pio Tarala; SPO1 Edelberto Nicanor; Insp. S. Ceddamon; SPO4 Ramira; SPO2 C. Nocum; SPO1 P. Pobre; PO3 Juanito Cabiling; and PO3 Wilfredo Hidalgo.
Ombudsman Merceditas Gutierrez vowed to resolve the torture complaint of the Abadilla 5 after she met with their families last week. She said her office was not able to promptly act on the torture complaint as it was handling too many cases.
Torture recounted
In an earlier interview with the Philippine Daily Inquirer, Joel de Jesus said he was suffocated with a plastic bag and subjected to electric shocks inside a “safe house.”
Fortuna said his interrogators blindfolded him, cuffed his hands and feet to a wooden bench, and doused cold water on his body.
“They applied electric shocks until the water on my body dried,” he told the Inquirer. “Then, they put a plastic bag over my head. When I passed out, they revived me and gave me electric shocks again.”
As he convulsed, Fortuna said, the metal cuffs on his wrists and ankles cut into the flesh. All his toenails later chipped off.
Rameses de Jesus said he was also subjected to the “water cure,” electric shocks and “plastic bag” treatment. He said he was blindfolded with packaging tape and told that he was to be “salvaged.”
While blindfolded inside the safe house, Lumanog said he heard an officer cock his firearm and felt a gun pointed at his head. Several officers held him down and banged his forehead on the floor.
Santos said that upon his arrest, he was brought to Camp Karingal, beaten and made to sign a confession that Joel de Jesus had paid him to take part in the killing.
Top commanders of Task Force Rolly had denied the Abadilla 5’s claims of torture.
Amnesty International
The London-based Amnesty International, which has won the Nobel Peace Prize for its defense of human rights worldwide, examined the affidavits and counteraffidavits submitted to CHR investigators, assessed various medical reports and reviewed the testimony of the Abadilla 5.
In its October 2000 report on the case of the Abadilla 5, Amnesty International found their accounts of torture compelling.
“The organization regards the chronology of events in the (police) investigation, combined with the compelling testimony of the suspects and the available physical evidence, as consistent with patterns of arrest, detention and torture reported by a broad range of political and criminal suspects both in the past and today,” Amnesty International said.
“This pattern includes the beating of suspects as they are arrested, mostly without warrants; the denial of rights to counsel and to medical and family visits during extended periods of incommunicado detention; and the use of force, including techniques applied deliberately so as not to leave visible marks, mainly to coerce suspects or the naming of suspected accomplices,” it added.
Long wait
For 14 years, the Abadilla 5 have pleaded with judicial authorities to resolve their complaint of torture which, if acted upon, would further weaken the prosecution’s case against them.
In April 2008, the Court of Appeals affirmed the conviction of the Abadilla 5, saying the uncorroborated testimony of the lone witness was sufficient to establish their guilt beyond reasonable doubt.
Citing the abolition of capital punishment, the appellate court reduced the death sentence earlier meted out on the Abadilla 5 to a 40-year prison term with no possibility of parole.
In September last year, the Supreme Court voted 10-4 to uphold the ruling of the Court of Appeals. A motion for reconsideration is pending in the high court. Leila B. Salaverria
Philippine Daily Inquirer
First Posted 00:52:00 01/11/2011
Filed Under: Crime and Law and Justice, Torture, Justice & Rights, Human Rights
MANILA, Philippines—After 14 years, a complaint of torture filed by the so-called Abadilla 5 against their arresting officers were finally acted upon by judicial authorities.
The Office of the Ombudsman Monday recommended the filing of criminal charges against 15 policemen for allegedly torturing and violating the rights of five people who were convicted 11 years ago by Quezon City Judge Jaime Salazar for the June 13, 1996, murder of former Col. Rolando Abadilla, a dreaded intelligence officer during the Marcos regime.
Salazar found the accused—Lenido Lumanog, Cesar Fortuna, Joel de Jesus, Rameses de Jesus and Augusto Santos—guilty beyond reasonable doubt on the basis of the uncorroborated testimony of a single eyewitness and the confessions that the police extracted from the accused through torture. They were sentenced to death by lethal injection.
The latest move by the Office of the Ombudsman, however, offers some hope to the Abadilla 5, whose conviction has recently been affirmed by the Supreme Court. The Abadilla 5 have filed a motion for reconsideration.
At every stage of the judicial process, the Abadilla 5 have insisted they were denied their right to a fair trial when operatives of Task Force Rolly, a special police unit formed to solve the Abadilla killing, arrested them illegally, detained them in a “safe house,” and beat confessions out of them.
Overall Deputy Ombudsman Orlando Casimiro said medico-legal reports of the Commission on Human Rights (CHR) supported the Abadilla 5’s allegations of torture against the members of Task Force Rolly.
Ordered charged were Senior Supt. Romulo Sales; Senior Supt. Bartolome Baluyut; Chief Insp. Robert Ganzon; Chief Insp. Romeo Regis; Senior Insp. Anthony Rodolfo; Insp. Rogelio Castillo; SPO4 Dario Anasco; SPO2 Pio Tarala; SPO1 Edelberto Nicanor; Insp. S. Ceddamon; SPO4 Ramira; SPO2 C. Nocum; SPO1 P. Pobre; PO3 Juanito Cabiling; and PO3 Wilfredo Hidalgo.
Ombudsman Merceditas Gutierrez vowed to resolve the torture complaint of the Abadilla 5 after she met with their families last week. She said her office was not able to promptly act on the torture complaint as it was handling too many cases.
Torture recounted
In an earlier interview with the Philippine Daily Inquirer, Joel de Jesus said he was suffocated with a plastic bag and subjected to electric shocks inside a “safe house.”
Fortuna said his interrogators blindfolded him, cuffed his hands and feet to a wooden bench, and doused cold water on his body.
“They applied electric shocks until the water on my body dried,” he told the Inquirer. “Then, they put a plastic bag over my head. When I passed out, they revived me and gave me electric shocks again.”
As he convulsed, Fortuna said, the metal cuffs on his wrists and ankles cut into the flesh. All his toenails later chipped off.
Rameses de Jesus said he was also subjected to the “water cure,” electric shocks and “plastic bag” treatment. He said he was blindfolded with packaging tape and told that he was to be “salvaged.”
While blindfolded inside the safe house, Lumanog said he heard an officer cock his firearm and felt a gun pointed at his head. Several officers held him down and banged his forehead on the floor.
Santos said that upon his arrest, he was brought to Camp Karingal, beaten and made to sign a confession that Joel de Jesus had paid him to take part in the killing.
Top commanders of Task Force Rolly had denied the Abadilla 5’s claims of torture.
Amnesty International
The London-based Amnesty International, which has won the Nobel Peace Prize for its defense of human rights worldwide, examined the affidavits and counteraffidavits submitted to CHR investigators, assessed various medical reports and reviewed the testimony of the Abadilla 5.
In its October 2000 report on the case of the Abadilla 5, Amnesty International found their accounts of torture compelling.
“The organization regards the chronology of events in the (police) investigation, combined with the compelling testimony of the suspects and the available physical evidence, as consistent with patterns of arrest, detention and torture reported by a broad range of political and criminal suspects both in the past and today,” Amnesty International said.
“This pattern includes the beating of suspects as they are arrested, mostly without warrants; the denial of rights to counsel and to medical and family visits during extended periods of incommunicado detention; and the use of force, including techniques applied deliberately so as not to leave visible marks, mainly to coerce suspects or the naming of suspected accomplices,” it added.
Long wait
For 14 years, the Abadilla 5 have pleaded with judicial authorities to resolve their complaint of torture which, if acted upon, would further weaken the prosecution’s case against them.
In April 2008, the Court of Appeals affirmed the conviction of the Abadilla 5, saying the uncorroborated testimony of the lone witness was sufficient to establish their guilt beyond reasonable doubt.
Citing the abolition of capital punishment, the appellate court reduced the death sentence earlier meted out on the Abadilla 5 to a 40-year prison term with no possibility of parole.
In September last year, the Supreme Court voted 10-4 to uphold the ruling of the Court of Appeals. A motion for reconsideration is pending in the high court. Leila B. Salaverria
Sunday, January 9, 2011
MILF wants govt to also release Moro pol detainees - Nation - GMANews.TV - Official Website of GMA News and Public Affairs - Latest Philippine News
MILF wants govt to also release Moro pol detainees - Nation - GMANews.TV - Official Website of GMA News and Public Affairs - Latest Philippine News
Taking their cue from the communist-led National Democratic Front, secessionist rebels in Mindanao urged the national government Saturday to also release Moro political detainees to push the peace process forward.
Moro Islamic Liberation Front (MILF) peace panel secretariat member Jun Mantawil said now is the best time to release the Moro political prisoners, as the peace talks are at an “impasse."
“Releasing these detainees can help jumpstart the ailing GRP [Government of the Republic of the Philippines]-MILF peace talks ... This is the best time to make the release while there is impasse in talks," Mantawil said in an interview on the MILF website.
to read more please follow the link above
Taking their cue from the communist-led National Democratic Front, secessionist rebels in Mindanao urged the national government Saturday to also release Moro political detainees to push the peace process forward.
Moro Islamic Liberation Front (MILF) peace panel secretariat member Jun Mantawil said now is the best time to release the Moro political prisoners, as the peace talks are at an “impasse."
“Releasing these detainees can help jumpstart the ailing GRP [Government of the Republic of the Philippines]-MILF peace talks ... This is the best time to make the release while there is impasse in talks," Mantawil said in an interview on the MILF website.
to read more please follow the link above
Saturday, January 8, 2011
Statement of Chairperson Loretta Ann P. Rosales on the Bataan Provincial Jail Incident 29 October 2010
(Last October 16, 2010, political detainees along with regular inmates in Bataan Provincial Jail were hosed down and nine gunshots were heard by witnesses as a result of the surprise demolition by jail officials. In relation with this we are posting the statement of Chairperson Eta Rosales of the Commission on Human Rights of the Philippines about the incident for everybody's information)
------------------------------------------------------------------------
source: Commission on Human Rights Philippines (CHRP) http://www.chr.gov.ph/MAIN%20PAGES/news/PS_29Oct2010_Bataan.htm
In the last two weeks, the Commission on Human Rights has been thoroughly investigating and monitoring the Bataan Provincial Jail incident that occurred on October 16, 2010. I myself, together with a group of lawyers, doctors, investigators and other officers from our Central Office and our Region III Office, went to Bataan to visit the Provincial Jail and to dialogue with the Provincial Governor, the Bureau of Jail Management and Penology (BJMP), and the prisoners and their families. Our investigations yield the following facts:
* On August 18, 2010, a Memorandum of Agreement (MOA) was entered into by the Provincial Government of Bataan and the BJMP, with the former transferring the management, possession, control and supervision of the Bataan Provincial Jail to the latter. The MOA was signed in recognition of the fact that the Provincial Government does not have the expertise to run the Provincial Jail.
* During the transition period up to the day the incident occurred, the BJMP, in close coordination with the Provincial Government, introduced several reforms in the management of the Provincial Jail. These reforms include: random inspections (greyhound operations) to discover and confiscate contrabands such as weapons and illegal drugs; centralized preparation and cooking of food for the prisoners, instead of giving them P35.00 daily budget for food; and the strict regulation of visitations, especially conjugal visits.
* The BJMP and the Provincial Government intended to construct permanent structures where the prisoners can have their conjugal visits. Thus, the “kubols” or the temporary structures built by the prisoners for said purpose, had to be dismantled. However, no consultation or dialogue with the inmates was conducted regarding the matter.
* On October 16, 2010, the BJMP suspended the visitation rights of prisoners in line with the construction of the permanent structures. At about 1:45 P.M, while the “kubols’ were being dismantled, prisoners detained at the new building composed of four brigades and about 600 inmates, staged a noise barrage to protest the action being undertaken by BJMP. Simultaneously, the inmates started to damage and destroy cell padlocks, gate barrel bolts, galvanized iron plates, drainage steel coverings and other properties. Concerned that the situation might go out of control, the BJMP decided to use force.
* The BJMP formed an “assault team” composed of more or less one hundred fifty (150) BJMP personnel. The “assault team” was divided into three units: the first unit was the entry team armed with a wicker shield and water hose; the second unit was the retrieval group armed with wicker shields and truncheons; the third unit was the supporting elements who provided security within the perimeter. During the assault, several warning shots were fired by BJMP personnel. The inmates did not relent. The entry team then tried to enter the new building, but the prisoners offered resistance, throwing hard objects, muriatic acid, and sharp items to the assault team. The entry team turned their pressured water hose to the inmates and a stampede occurred. The inmates were then forced to crawl back to their cells. The entry team directed the prisoners to lie on the floor; they also used their truncheons to other inmates. After the prisoners were subdued, the second unit entered the building to extricate those who were injured, account for the prisoners, and assess damaged properties. The commotion ended at around 3:30 P.M.
* Fifty-seven (57) prisoners were injured in the incident. They sustained varying degrees of physical injuries, ranging from contusions, hematoma, abrasions, avulsions, lacerations to hemorrhages in different parts of their bodies. Three prisoners were hit by rubber bullets – one was hit on the face. According to the BJMP, two of their personnel were also injured. Nobody died during the incident.
* Nineteen (19) prisoners who were suspected of instigating the incident were transferred to the Olangapo City Jail.
Based on our investigation, it is clear that human rights violations were committed against the prisoners. The injuries sustained by some prisoners reveal that excessive force was used against them. The nature and location of some injuries even suggest that the prisoners were beaten while they were defenseless. Indeed, the use of pressured water hose had already caused the prisoners to lie prostrate on the ground. Worse, rubber bullets were fired at some prisoners, belying the claim that the shots were only warning shots. These rubber bullets were not officially issued by the government; their use was not officially sanctioned.
While we do commend the desire of the Provincial Government of Bataan and the BJMP to institute needed reforms in the jail management system, these reforms have to be carried out in a manner that pays tribute to the inherent dignity of the prisoners. Simply put, the end does not justify the means. The process towards reforms must itself be consistent with the general principles of transparency and participation. Since they are the primary stakeholders, the prisoners should have been consulted regarding the proposed reforms, or at least the very least, kept informed. Prisoners have the right to be informed about all matters that affect their welfare inside the jail.
In light of all these, we call on the Department of Interior and the Local Government (DILG) and the BJMP to immediately conduct an in-depth investigation on the incident. Their investigation should result in the identification of what went wrong before, during, and after the incident. They should also identify who should be held accountable, and what are the necessary steps to correct the mistakes. Specifically, the investigation should treat the issues of excessive use of force, use of the rubber bullets, and lack of information.
The Bataan Provincial Jail incident is but a symptom of the sorry state of our jail system. We need to address the root causes of the problems hounding the jail system if we want to prevent another violent jail incident from occurring. Thus, we call on all government agencies directly dealing with prisons, jails and detention centers – the DILG and the BJMP, the Department of Justice (DOJ) and the Bureau of Corrections, the Philippine National Police (PNP), the Department of Social Welfare and Development (DSWD) and the local governments – to review our policies, systems and processes, and align them to internationally-accepted minimum standards of treatment of prisoners. We also call on the Supreme Court, the Department of Justice, the judges and the prosecutors, to ensure the speedy dispensation of justice to de-clog our jails and prisons and pave the way for a restorative approach to the criminal justice system.
The Commission on Human Rights believes in Restorative Justice. Rather than satisfying the primal need for retribution – the proverbial eye for an eye, tooth for tooth notion of justice – the government should focus its resources in reintegrating to the community those who have committed wrongs and infractions. We need to stop dehumanizing the detained and start treating them as human beings possessed of inherent dignity. We should all work to establish a justice system that seeks to restore victims and offenders alike, allowing them to become whole, contributing and productive members of society. Anything less will amount to violations of their human rights.
LORETTA ANN P. ROSALES
Chairperson
Commission on Human Rights
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Please see other related postings...
Inmates behind Bataan jail protest face raps
By Abigail Kwok
INQUIRER.net
First Posted 15:24:00 10/22/2010
9 jail guards relieved, face raps for Bataan riot
MARK DALAN MERUENAS, GMANews.TV
------------------------------------------------------------------------
source: Commission on Human Rights Philippines (CHRP) http://www.chr.gov.ph/MAIN%20PAGES/news/PS_29Oct2010_Bataan.htm
In the last two weeks, the Commission on Human Rights has been thoroughly investigating and monitoring the Bataan Provincial Jail incident that occurred on October 16, 2010. I myself, together with a group of lawyers, doctors, investigators and other officers from our Central Office and our Region III Office, went to Bataan to visit the Provincial Jail and to dialogue with the Provincial Governor, the Bureau of Jail Management and Penology (BJMP), and the prisoners and their families. Our investigations yield the following facts:
* On August 18, 2010, a Memorandum of Agreement (MOA) was entered into by the Provincial Government of Bataan and the BJMP, with the former transferring the management, possession, control and supervision of the Bataan Provincial Jail to the latter. The MOA was signed in recognition of the fact that the Provincial Government does not have the expertise to run the Provincial Jail.
* During the transition period up to the day the incident occurred, the BJMP, in close coordination with the Provincial Government, introduced several reforms in the management of the Provincial Jail. These reforms include: random inspections (greyhound operations) to discover and confiscate contrabands such as weapons and illegal drugs; centralized preparation and cooking of food for the prisoners, instead of giving them P35.00 daily budget for food; and the strict regulation of visitations, especially conjugal visits.
* The BJMP and the Provincial Government intended to construct permanent structures where the prisoners can have their conjugal visits. Thus, the “kubols” or the temporary structures built by the prisoners for said purpose, had to be dismantled. However, no consultation or dialogue with the inmates was conducted regarding the matter.
* On October 16, 2010, the BJMP suspended the visitation rights of prisoners in line with the construction of the permanent structures. At about 1:45 P.M, while the “kubols’ were being dismantled, prisoners detained at the new building composed of four brigades and about 600 inmates, staged a noise barrage to protest the action being undertaken by BJMP. Simultaneously, the inmates started to damage and destroy cell padlocks, gate barrel bolts, galvanized iron plates, drainage steel coverings and other properties. Concerned that the situation might go out of control, the BJMP decided to use force.
* The BJMP formed an “assault team” composed of more or less one hundred fifty (150) BJMP personnel. The “assault team” was divided into three units: the first unit was the entry team armed with a wicker shield and water hose; the second unit was the retrieval group armed with wicker shields and truncheons; the third unit was the supporting elements who provided security within the perimeter. During the assault, several warning shots were fired by BJMP personnel. The inmates did not relent. The entry team then tried to enter the new building, but the prisoners offered resistance, throwing hard objects, muriatic acid, and sharp items to the assault team. The entry team turned their pressured water hose to the inmates and a stampede occurred. The inmates were then forced to crawl back to their cells. The entry team directed the prisoners to lie on the floor; they also used their truncheons to other inmates. After the prisoners were subdued, the second unit entered the building to extricate those who were injured, account for the prisoners, and assess damaged properties. The commotion ended at around 3:30 P.M.
* Fifty-seven (57) prisoners were injured in the incident. They sustained varying degrees of physical injuries, ranging from contusions, hematoma, abrasions, avulsions, lacerations to hemorrhages in different parts of their bodies. Three prisoners were hit by rubber bullets – one was hit on the face. According to the BJMP, two of their personnel were also injured. Nobody died during the incident.
* Nineteen (19) prisoners who were suspected of instigating the incident were transferred to the Olangapo City Jail.
Based on our investigation, it is clear that human rights violations were committed against the prisoners. The injuries sustained by some prisoners reveal that excessive force was used against them. The nature and location of some injuries even suggest that the prisoners were beaten while they were defenseless. Indeed, the use of pressured water hose had already caused the prisoners to lie prostrate on the ground. Worse, rubber bullets were fired at some prisoners, belying the claim that the shots were only warning shots. These rubber bullets were not officially issued by the government; their use was not officially sanctioned.
While we do commend the desire of the Provincial Government of Bataan and the BJMP to institute needed reforms in the jail management system, these reforms have to be carried out in a manner that pays tribute to the inherent dignity of the prisoners. Simply put, the end does not justify the means. The process towards reforms must itself be consistent with the general principles of transparency and participation. Since they are the primary stakeholders, the prisoners should have been consulted regarding the proposed reforms, or at least the very least, kept informed. Prisoners have the right to be informed about all matters that affect their welfare inside the jail.
In light of all these, we call on the Department of Interior and the Local Government (DILG) and the BJMP to immediately conduct an in-depth investigation on the incident. Their investigation should result in the identification of what went wrong before, during, and after the incident. They should also identify who should be held accountable, and what are the necessary steps to correct the mistakes. Specifically, the investigation should treat the issues of excessive use of force, use of the rubber bullets, and lack of information.
The Bataan Provincial Jail incident is but a symptom of the sorry state of our jail system. We need to address the root causes of the problems hounding the jail system if we want to prevent another violent jail incident from occurring. Thus, we call on all government agencies directly dealing with prisons, jails and detention centers – the DILG and the BJMP, the Department of Justice (DOJ) and the Bureau of Corrections, the Philippine National Police (PNP), the Department of Social Welfare and Development (DSWD) and the local governments – to review our policies, systems and processes, and align them to internationally-accepted minimum standards of treatment of prisoners. We also call on the Supreme Court, the Department of Justice, the judges and the prosecutors, to ensure the speedy dispensation of justice to de-clog our jails and prisons and pave the way for a restorative approach to the criminal justice system.
The Commission on Human Rights believes in Restorative Justice. Rather than satisfying the primal need for retribution – the proverbial eye for an eye, tooth for tooth notion of justice – the government should focus its resources in reintegrating to the community those who have committed wrongs and infractions. We need to stop dehumanizing the detained and start treating them as human beings possessed of inherent dignity. We should all work to establish a justice system that seeks to restore victims and offenders alike, allowing them to become whole, contributing and productive members of society. Anything less will amount to violations of their human rights.
LORETTA ANN P. ROSALES
Chairperson
Commission on Human Rights
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Please see other related postings...
Inmates behind Bataan jail protest face raps
By Abigail Kwok
INQUIRER.net
First Posted 15:24:00 10/22/2010
9 jail guards relieved, face raps for Bataan riot
MARK DALAN MERUENAS, GMANews.TV
The International Convention for the Protection of all Persons From Enforced Disappearances Enters Into Force on December 23, 2010
Another helpful information. To read more please follow the link http://tassc.org/blog/?p=1941#more-1941
The International Convention for the Protection of all Persons From Enforced Disappearances Enters Into Force on December 23, 2010
PRESS RELEASE
For immediate release
November 25, 2010
On November 23, 2010, the Republic of Iraq deposited the 20th instrument of ratification for the International Convention for the Protection of All Persons from Enforced Disappearances to the Secretary General of the United Nations. Iraq becomes the 20th State to ratify this treaty. Its historic accession means that the Convention will enter into force on 23 December 2010, 30 days after the 20th accession or ratification.
This development has profound meaning for all families of the disappeared and to the International Coalition Against Enforced Disappearances (ICAED) and all other organizations and individuals who have worked so hard to make this possible. The Committee Against Disappearances to be established to monitor the compliance by State-parties of the provisions of this Convention is expected to be a powerful international means of protection against enforced disappearances in the near future.
(to read the complete article please follow the link above.)
The International Convention for the Protection of all Persons From Enforced Disappearances Enters Into Force on December 23, 2010
PRESS RELEASE
For immediate release
November 25, 2010
On November 23, 2010, the Republic of Iraq deposited the 20th instrument of ratification for the International Convention for the Protection of All Persons from Enforced Disappearances to the Secretary General of the United Nations. Iraq becomes the 20th State to ratify this treaty. Its historic accession means that the Convention will enter into force on 23 December 2010, 30 days after the 20th accession or ratification.
This development has profound meaning for all families of the disappeared and to the International Coalition Against Enforced Disappearances (ICAED) and all other organizations and individuals who have worked so hard to make this possible. The Committee Against Disappearances to be established to monitor the compliance by State-parties of the provisions of this Convention is expected to be a powerful international means of protection against enforced disappearances in the near future.
(to read the complete article please follow the link above.)
Int’l rights group asks gov’t to drop charges vs Tulawie
Int’l rights group asks gov’t to drop charges vs Tulawie
DAVAO CITY (MindaNews/11 Nov) — An international group committed to defend human rights urged the Philippine government to drop all charges against Temogen Sahipa Tulawie, a human rights defender who went into hiding after Sulu authorities linked him to the May 2009 Sulu bombing.
Mary Lawlor, the director of the international group Frontline, said the charges against Tulawie were taken “on account of his work in the defence of human rights.”
(to read the whole article, please follow the link above. Just for related posting)
Friday, January 7, 2011
Glimpse of the December 10, 2010 HR Day Mobilzation
PHOTOS BY ROMMEL YAMZON
"Stop Human Rights Violations and implement the Anti-torture Law (RA9745)."
Philippine Alliance of Human Rights Advocates (PAHRA) member organizations and other peoples' organizations commemorated 2010 International Human Rights Day at the Quezon City Eliptical Road.
Sampung Aksiyon Tungo sa Tuwid na Daan.
Ms. Nilda Lagman, Co-Chairperson of FIND called for the enactment of the Anti-Enforced Disappearance Bill and for Philippine Government to sign and ratify the International Convention for the protection of all person against enforced disappearance.
A call for the strengthening of the "Witness protection program" of the government to protect and encourage victims and witnesses to expose and report human rights violations.
A call for freedom for Juanito Itaas and all political prisoners. Juanito Itaas was accused and imprisoned for the killing of Col. James Rowe of JUSMAG.
"Stop Human Rights Violations and implement the Anti-torture Law (RA9745)."
Philippine Alliance of Human Rights Advocates (PAHRA) member organizations and other peoples' organizations commemorated 2010 International Human Rights Day at the Quezon City Eliptical Road.
Sampung Aksiyon Tungo sa Tuwid na Daan.
Ms. Nilda Lagman, Co-Chairperson of FIND called for the enactment of the Anti-Enforced Disappearance Bill and for Philippine Government to sign and ratify the International Convention for the protection of all person against enforced disappearance.
A call for the strengthening of the "Witness protection program" of the government to protect and encourage victims and witnesses to expose and report human rights violations.
A call for freedom for Juanito Itaas and all political prisoners. Juanito Itaas was accused and imprisoned for the killing of Col. James Rowe of JUSMAG.
Thursday, January 6, 2011
De Lima considers pardon for ‘Abadilla 5’ - INQUIRER.net, Philippine News for Filipinos
De Lima considers pardon for ‘Abadilla 5’ - INQUIRER.net, Philippine News for Filipinos
MANILA, Philippines – Justice Secretary Leila De Lima said she was inclined to recommend a conditional pardon for the convicted killers of Colonel Rolando Abadilla, saying they are believed to be “fall guys”.
“The human rights community believe that they are fall guys,” De Lima said. “I might recommend a conditional pardon.”
Senior Police Officer 2 Cesar Fortuna, Rameses de Jesus, Lenido Lumanog, Joel De Jesus, and Augusto Santos have a pending complaint before the Ombudsman against some policemen they accused of torturing them to admit into the killing.
De Lima said the claim of torture could also help them in their motion for reconsideration filed with the Supreme Court asking it to reverse its guilty ruling last September.
Abadilla, former chief of the Metropolitan Command Intelligence and Security Group of the defunct Philippine Constabulary, was killed in broad daylight while driving along Katipunan Avenue, Quezon City on June 13, 1996.
The high court in its decision agreed with the Court of Appeals that the account of principal witness Freddie Alejo, a security guard on duty near the area where Abadilla was shot to death, was credible. Alejo vividly recounted before the trial court the positions and participation of the five in the murder of Abadilla.
De Lima noted that even the high tribunal was divided in its decision, with some justices dissenting from the majority ruling.
“Like the Vizconde case [where four justices dissented from the acquittal], there is no real closure here,” De Lima said.
The Court of Appeals 16th Division affirmed the decision of the Quezon City regional trial court Branch103, convicting the five for the murder of Abadilla.
They were sentenced to death by the lower court but with the abolition of the death penalty the Court of Appeals modified the penalty to 20 years and one day to 40 years imprisonment or Reclusion perpetua without the benefit of parole.
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