Philippines: Torturers evade justice on Aquino’s watch

AMNESTY INTERNATIONAL
Press release
26 June 2012

Philippines: Torturers evade justice on Aquino’s watch

President Benigno “Noynoy” Aquino III has failed to ensure that police officers charged with torture face justice under the country’s anti-torture law, Amnesty International said on the International Day against Torture.

In August 2010, a national television news programme broadcast a mobile-phone video of a police officer torturing criminal suspect Darius Evangelista while other officers at a Manila police station looked on. The footage showed Evangelista writhing in pain as the officer, identified as Senior Inspector Joselito Binayug, yanked a cord attached to the detainee’s penis and whipped him with a rope.

After a 22-year campaign, the Philippine Congress in 2009 passed the Anti-Torture Act (Republic Act 9745), which prescribes criminal penalties for torture and other ill-treatment. Under the doctrine of command responsibility, the law also establishes liability for superiors who fail to prevent or punish torture committed by their subordinates.

ASIA: Violations of freedom of expression and extra-judicial killings denounced in Thailand, Pakistan, Indonesia and the Philippines

An Oral Statement to the 20th Session of the UN Human Rights Council by the Asian Legal Resource Centre (ALRC), a non-governmental organization in general consultative status

ASIA: Violations of freedom of expression and extra-judicial killings denounced in Thailand, Pakistan, Indonesia and the Philippines
speaker: Ms. Tyrell Haberkorn

Thank you Madam President,

The ALRC welcomes the work and reports of the Rapporteurs on freedom of expression and extra-judicial killings. We welcome the Pakistani government’s agreement to a visit by the mandate on freedom of expression. As detailed in an ALRC written statement submitted to this session, Pakistan remains one of the most dangerous countries in the world for journalists. The ALRC documented the killing of 16 journalists and injuring of 46 others in the first eleven months of 2011, of which five were allegedly abducted and killed by the state intelligence agencies. Senior journalist Mr. Saleem Shahzad, the Pakistan Bureau Chief of the Asia Times Online, was abducted on May 29, 2011, and was subsequently killed, having exposed an Al-Qaida network operating within the Pakistan Navy. He had received death threats from the intelligence agencies. Despite the Supreme Court instituting a commission of inquiry into this killing in June 2011, those responsible have not been identified and held to account.

This illustrates a wider pattern of arbitrary arrests or abductions, forced disappearances and torture, following which victims are surfaced dead. In Balochistan Province alone, between July 2010 and October 2011, the ALRC documented 215 such extra-judicial killings. Journalists, teachers, political activists, students and human rights defenders have been targeted in particular.

Concerning Thailand, the ALRC would like to highlight the absence of full and transparent information on the number of prosecutions under Article 112 of the Criminal Code and the 2007 Computer Crimes Act. Information released by the Office of the Judiciary indicates a rise in the number of complaints filed under Article 112 between 2005 and 2010, from 33 to 478, however whether or not these led to prosecutions remains unavailable, and contributes to the atmosphere of fear in the country. Evidence from several cases, including Amphon Tangnoppakul, who died in custody on 8 May 2012, and Daranee Charnchoengsilpakul, indicate that individuals convicted of violating these laws experience a lack of access to medical care and abuse in prison. The last six months have seen a rise in online, verbal, and physical threats made against advocates of reform. Within this context, your request to visit Thailand should be granted by the government without delay.

June 26 AMSA-Philippines Solidarity Statement for the International Day in Support of Victims of Torture

June 26 AMSA-Philippines Solidarity Statement for the International Day in Support of Victims of Torture

This day, as the world remembers and honors those who have fallen and survived the menace of torture and ill humane treatment, we AMSA Philippines stand in solidarity with individuals, communities and organizations and to all human rights defenders working against torture.

Torture is the prodigious nemesis of the realization of human rights. It carts off the very essence of human being  - destroying the dignity, will and well-being of the individual and impugns the reason of existence.

Torture had long been denounced by civil communities. Significant works has been established by various entities to curtail the perils of torture and ensure redress for the victims and adequate compensation for its effects.

IRCT Statement for a global reading on the occasion of the International Day in Support of Victims of Torture, 26 June 2012

STATEMENTS & DECLARATIONS
IRCT Statement for a global reading on the occasion of the International Day in Support of Victims of Torture, 26 June 2012

Today marks the UN International Day in Support of the Victims of Torture. It provides us with an opportunity to honour the victims and survivors of torture, and for us all, survivors of torture and their allies, to stand in solidarity.

Despite its absolute prohibition torture continues to be a global phenomenon: both physical and psychological torture. Torture is today prevalent in over half the world’s countries. This is a disgrace in the twenty-first century.

Its victims are men, women – often targeted by rape and other sexual torture, and also, children. Torture victims are disproportionately from marginalized groups, in particular the poor, but also women and minority groups.

Philippine Senate consummates Philippine adhesion to novel treaty for torture prevention-CHR

Philippine Senate consummates Philippine adhesion to novel treaty for torture prevention; the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)

The Philippine Senate ratified the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)  on the 6th of March 2012, and if deposit to the United Nations by government is prompt, the country will become the 63rd state party to the UN treaty. 22 out of 23 Senators were present and unanimously voted in favor of the OPCAT binding the Philippines to a system of regular visits to places of deprivation of liberty for torture prevention.

Had this good instrument been put in place earlier, many torture and ill-treatment incidents in places of detention may have been prevented including the Tondo Asuncion Community precinct torture allegedly committed principally by Senior Inspector Joselito Binayug., the July 26, 2011 torture of the Basilan baker while in the custody of the Special Operations Task Force-Basilan, and the August 3, 2010 police torture of Lenin Salas and four others in Pampanga province.

Persons deprived of their liberty and custodial and correctional authorities in the Philippines have long been contending with dehumanizing conditions in places of deprivation of liberty where over-congestion, ill-treatment and the inconsistency between the underhanded jail sub-culture and official custodial policies are commonplace.

Since places of detention are closed to the outside world, persons deprived of their liberty are vulnerable to and at risk of torture, other forms of ill-treatment, and other human rights violations. Respect for detainees’ rights as well as the satisfaction of their most basic needs solely depends upon custodial authorities. Abuses can arise from a variety of reasons such as negligence, lack of resources, poor or inappropriate staff training, and inadequate systems of oversight.  Without independent external monitoring, these abuses can occur unchallenged. The OPCAT will ensure that these otherwise obscure places will now be more open so that less and less abuse will take place.

The OPCAT establishes two preventive mechanisms, one visiting body at the international level called the Sub-committee on prevention of Torture (SPT) and another at the national level called the National Preventive Mechanism (NPM). These two bodies will be composed of independent experts in fields relevant to the treatment of individuals deprived of their liberty and will undertake regular unannounced visits to places of deprivation of liberty such as but not limited to
police stations, barangay holding centers, city, municipal and provincial jails, national penitentiaries, immigration centers, military detention facilities, juvenile homes, psychiatric institutions and drug rehabilitation centers. Through this system of visits, these international and local experts shall make recommendations to relevant authorities on improving domestic prevention measures for their subsequent implementation.

Hence, as a state party to the OPCAT, the Philippine government will have two main obligations. The first is to establish the National Preventive Mechanism, the local visiting expert body, within a year from now as per part IV article 17 of the protocol. The second is to recognize the authority of the Sub-committee on Prevention of Torture
to conduct in-country visits to places of deprivation of liberty.

The Philippine Government has chosen to invoke its right under the OPCAT part V article 24 to make a declaration to opt out of this second obligation for the next three years. This only means that it has postponed the possibility of in-country visits by the SPT until March 2015.

What sets the OPCAT apart from other treaties is that it emphasizes cooperation, not condemnation. Unlike other treaties, it is an operational instrument rather than a standard-setting one. Rather than reacting once violations have occurred, the OPCAT sets up a proactive system of visits to prevent violations from happening in the first
place. Furthermore, the treaty unites international and local prevention efforts by prescribing a complementary relationship between the NPM and SPT. Both expert bodies are expected to:

1.    Conduct regular visits to places of detention in order to improve the treatment and conditions of persons deprived of their liberty and the administration of places of detention in order to prevent torture and ill-treatment,
2.    Propose recommendations to adopt preventive measures and to improve the system of deprivation of liberty, and
3.    Work constructively with States Parties in relation to implementing these recommendations.

The OPCAT will thus establish a triangular relationship between the Philippine Government, the NPM and the SPT. Aside from the collaborative efforts of the three, regular unannounced visits to places of detention, which is the most effective way in preventing torture as proven by practices elsewhere in the world, will effectively and consistently protect the rights of persons deprived of their liberty.

The Philippines has now completed its adhesion to the compendium of international instruments against torture, particularly the UN Convention Against Torture (UNCAT), the OPCAT’s mother treaty, and has a domestic law banning its use. Perseverance of government institutions and other stakeholders is important to ensure the effective implementation of this freedom from torture regimen.

Although persons deprived of their liberty and OPCAT advocates see this recent breakthrough as another milestone in torture prevention work, we remain far-off from making preventive visits work in the Philippines. Executive and Legislative political will and determination is necessary to operationalize the OPCAT. In order to do so, NPM enabling bills must be filed in both the Philippine Senate and the House of Representatives and vigorously pursued to ensure their enactment into law. Only then can this new institution be founded.

The Commission on Human Rights Philippines and the member organizations of the United Against Torture Coalition (UATC), through the stewardship of its steering committee member, BALAY Rehabilitation Center, Inc., are collectively inalizing an NPM enabling proposal. So far, the Office of Senator Miriam Defensor Santiago and the Office of Senator Loren Legarda, the Senate Committee on Foreign Relations Chairperson who sponsored the OPCAT’s passage, have signified their
interest to champion the NPM bill.

The Commission and the United Against Torture Coalition have for several years been working hand in hand with torture survivors, persons deprived of their liberty, and the diplomatic community in the Philippines to secure a Philippine OPCAT ratification as well as sustain discourse and drafting of the NPM enabling draft bill with the guidance and support of the Association for the Prevention of Torture (APT) and the Rehabilitation and Research Centre for Torture Victims (RCT), both international organizations promoting the right not to be tortured.

Certain information lifted from resource publications of the Association for the Prevention of Torture (APT)
www.apt.ch

MPC Condemns Illegal Transfer of Cocoy

Statement: Mindanao Peoples Caucus Condemns Illegal Transfer of Cocoy           
18 JANUARY 2012

ILLEGAL Transfer of Cocoy to Sulu Undermines Authority of SC and is a Gross Violation of the Right to Due Process and an Affront to the Rule of Law

We condemn the illegal transfer of Temogen “Cocoy” Tulawie which was carried out by members of the Philippine National Police-Special Action Force (PNP-SAF) Davao and the Military Intelligence Group Region 9 yesterday. Cocoy was secretly transported to the airport to face trial in Sulu upon the orders of Judge Betlee-Ian Barraquias of the Regional Trial Court (RTC) Sulu despite of the Supreme Court order granting the Petition for Transfer of Venue of the case to Davao City.

The order of the Supreme Court which was issued last June 13, 2011 clearly states that jurisdiction of Cocoy’s case and his trial is transferred to the Davao RTC under Judge Pelagio Paguican, and yet in open defiance of this Judge Barraquias ordered the transfer of Cocoy on the argument that because of a motion for reconsideration filed by the lawyers of Governor Abdusakur Tan the Supreme Court order was not final and executory.

How can a motion that was not even approved by the court supersede the finality of the decision of the highest court in the land? In fact a subsequent order given by Deputy Raul Villanueva of the Supreme Court states that the said motion of Gov. Tan has already been denied.

We also question the manner by which the PNP-SAF and the PNP at the Davao City Police Office carried out the “illegal” order of Judge Barraquias for it was done treacherously and with a clear malice. No information was given to the family or Cocoy’s legal counsel about the order of Judge Barraquias. In fact one of Cocoy’s friend who visited his detention cell at the Davao City Police Office on the morning before the PNP-SAF took him to the airport to board a commercial flight to Zamboanga was told to leave by the jail guards as they said they would like to ask Cocoy some questions first. When Cocoy’s visitors left the PNP-SAF operatives led by Col. Fernando Ortega who were apparently waiting in one of the offices of the DCPO took custody of Cocoy and immediately transported him to the Davao Airport.

Such a brazen act of Judge Barraquias and of the Davao PNP-SAF is a clear affront to the rule of law and undermines the authority of the Supreme Court as the final arbiter of justice. It also violates the constitutional rights of the accused to due process and puts to question the integrity of our legal system.

We are also disappointed that the Davao RTC Executive Judge Pelagio Paguican failed to stand for justice and the rule of law by not acting on the decision of the Supreme Court. It is in this sense that we ask that Judge Paguican redeem himself by immediately issuing a commitment order that would ensure a fair, impartial and speedy disposition of Cocoy’s case. #

Source: mpc.org.ph

PHILIPPINES: Police fail in their obligation to investigate journalist killings — Asian Human Rights Commission

PHILIPPINES: Police fail in their obligation to investigate journalist killings — Asian Human Rights Commission

by www.humanrights.asia

The Asian Human Rights Commission (AHRC) is deeply concerned by police investigations into the murder of journalists Christopher "Cris" Guarin and Alfredo "Dodong" Velarde, Jr. in General Santos City. Not only have the Philippines’ police failed in their duty to protect citizens from harm, but they are compounding this failure by their indifferent and casual attitude towards holding the killers accountable.

Guarin, publisher and editor-in-chief of a daily community newspaper Tatak News, was shot dead at 10pm on January 5, 2012 along Conel Road, Barangay Lagao, General Santos City. He was in his car with his wife, Lyn and nine-year-old daughter, on their way home, when they were attacked by gunmen riding on a motorcycle. His wife and daughter were not hurt, but were deeply traumatized to witness his murder.

Guarin's murder followed the murder of another journalist, Velarde, in November 2011. Circulation manager of another daily community newspaper, Brigada News, Velarde was shot dead on November 11 in front of his office. Although the AHRC have learned that the motives for Velarde and Guarin's murder were related, the police have been more focused on dispelling public expectations and any sense of urgency, rather than ensuring proper investigations into the deaths.