Dismissal from service of torturers not enough, implement RA9745, convene the Oversight Committee-TFDP

Task Force Detainees of the Philippines (TFDP)
Reaction to the alleged torture of inmates in a secret detention in Binan Laguna

January 30, 2014
DISMISSAL FROM SERVICE OF TORTURERS NOT ENOUGH, IMPLEMENT RA9745, CONVENE THE OVERSIGHT COMMITTEE

Suspension and dismissal from service of the 10 suspected torturers are not enough. Cases should be filed against the alleged perpetrators under the Anti-Torture Law (ATL) or RA9745 and prosecute torturers.

The alleged torture of detainees if proven should not only penalize the 10 police personnel.  Their immediate superiors should also be held liable. The ATL provides,

The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of the PNP and other law enforcement agencies shall be held liable as a principal to the crime of torture or other cruel or inhuman and degrading treatment or punishment for any act or omission, or negligence committed by him/her that shall have led, assisted, abetted or allowed, whether directly or indirectly, the commission thereof by his/her subordinates. If he/she has knowledge of or, owing to the circumstances at the time, should have known that acts of torture or other cruel, inhuman and degrading treatment or punishment shall be committed, is being committed, or has been committed by his/her subordinates or by others within his/her area of responsibility and, despite such knowledge, did not take preventive or corrective action either before, during or immediately after its commission, when he/she has the authority to prevent or investigate allegations of torture or other cruel, inhuman and degrading treatment or punishment but failed to prevent or investigate allegations of such act, whether deliberately or due to negligence shall also be liable as principals.

Moreover, they should also be held liable for maintaining a “secret prison” in Binan, Laguna. Section 7 of RA 9745 states that

Prohibited Detention. - Secret detention places, solitary confinement, incommunicado or other similar forms of detention, where torture may be carried out with impunity.

This is also to urge the Commission on Human Rights to convene the oversight committee, as provided by the law. The committee shall be composed of representatives from both houses of Congress for the purpose of monitoring compliance to the act.

EMMANUEL AMISTAD
Executive Director
Task Force Detainees of the Philippines (TFDP)
09178569830; ecamistad@yahoo.com, office: 9950246, 4378054; tfdp.1974@gmail.com

Let the death of Ninoy inspire P-Noy to serve justice for all victims of torture!

Press statement
August 21, 2010

Task force Detainees of the Philippines (TFDP), a human rights organization, commemorates the death of Ninoy Aquino by challenging P-Noy to mark this year’s anniversary by putting an end to a despicable crime that is torture that also victimized his father during Martial Law. He must prosecute all torturers under the Anti-Torture Act or RA 9745 and show the world that here in the Philippines torture and other acts of human rights violations are not condoned, permitted, ignored nor tolerated.

Torturers like Captain Binayug who was evidently caught by a camera employing unthinkable physical and mental punishment to an alleged snatcher in a police station located in Asuncion, Tondo, Manila, must not only be suspended but be put to the bars of justice for committing a crime against human rights. It is not enough that he be relieved or summary dismissal proceedings be instituted against him. It is even pathetic for the PNP to subject him to re-training on values and attitudes. Captain Binayug is not a child that needs further lessons in Good Manners and Right Conduct, he is alleged to have committed the crime of torture. It is therefore the duty of the police to serve the interest of justice by arresting Binayug, charge him with the crime of torture and let the courts decide his fate.

Also torturer Supt. Madzgani Mukaram, commander of the police’s provincial public safety company of Pampanga who subjected Lenin Salas and 4 others to unimaginable pain and suffering must face the consequence of violating a non-derogable human rights such as the right not to be tortured.

Binayug, Mukaram and other members of the government forces arbitrarily violated RA 9745 which states that no one shall be subjected to torture or cruel inhuman degrading treatment or punishment. Any one from the government proven to have violated this law is punishable by life imprisonment.

TFDP and the human rights community struggled for an anti-torture law for decades. It has been a rampant practice during the dark years of martial law, and the recent documented cases show that until this day even with the law signed in 2009, the use of torture by some criminals in uniform still persists and not a single violator has been jailed.

We expect P-Noy to set an example. Stating that torture is not a policy of his administration is not enough, what we need to hear and see is his clear action against torture just like how he clearly declared his policy against wang-wang. He must make these criminals in uniform realize that torture is a crime and perpetrators must and will be jailed accordingly under his administration.

Justice not served, laws violated and impunity in human rights violations are crimes more than corruption. These call for greater attention and political will.

P-Noy must not disappoint the millions of Filipinos who entrusted the protection and fulfillment of human rights upon his leadership. He should not let these erring men in uniform terrorize our society and stain his administration with the blood of human rights violations victims. It is the paramount duty of government to serve and protect ordinary citizens from these uniformed criminals. Sa matuwid na daan, Karapatang Pantao ay iginagalang.

Let not these cases be a manifestation of another president with no conviction against human rights violations. If the late Ninoy were our president today, he will definitely firmly stand against injustices such as torture. Sa pagbabago, dapat salalayan ang Karapatang Pantao!
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For more information please contact:
Egay Cabalitan
Advocacy Staff – TFDP
Mobile No: 09219645017
Office: 437 8054
Email: egay.advocacytfdp@gmail.com
www.tfdp.net

Police and Military Torturers must be relieved from their posts and be punished under RA 9745

Military and police personnel involved in the recent series of torture cases must be immediately relieved from their posts and be prosecuted under RA 9745 or the Anti-Torture Act of 2009.

The cell phone video footage shown in the ABS-CBN news about a snatcher allegedly being tortured by a community precinct commander named as Captain Binayug in a police station located in Asuncion, Tondo, Manila and the torture of 5 suspected rebels Lenin Salas, Rodwin Tala, Jose Gomez, Daniel Navarro and Jerry Simbulan in San Fernando Pampanga by Supt. Madzgani Mukaram, commander of the police’s provincial public safety company are clear proof of the continuous violations of the right of any person not to be tortured despite RA 9745.

Task Force Detainees of the Philippines (TFDP) is completely outraged by the indiscriminate and nonstop use of torture and calls on the government to relieve all who are involved. Such is an appropriate sanction that must be accorded to these “criminals in uniform” and to avoid any interference by any of the accused to muddle the cases.

In another torture case, policemen SPO2 Argie Miraflores (detailed at Regional Intelligence & Detective Mgt. Division, Region XII) and SPO1 Israel Lantingan (detailed at Municipal Police station of Alabel, Sarangani Province) pressure torture victim, Anuar Hasim, to sign an Affidavit of Desistance without the assistance of his counsel and prior consultation with the victim and his family. This interference tried to frustrate the victim’s quest for justice.

These series of torture incidents also call for the speedy drafting of the Implementing Rules and Regulations (IRR) of the Anti-Torture Act so as to give justice to victims of this inhuman act immediately and end impunity in human rights violations. It is imperative upon the Commission on Human Rights to fast track the drafting of the IRR in the face of continuing assaults on the dignity of persons such as these recent cases of torture.

Let us remind and instill in the hearts and minds of our security forces that torture at all times is not allowed. The use of this inhuman act has no place in a civilized society. P-Noy should act on this by issuing a policy statement against torture and by making accountable not only corrupt officials but also torturers and other perpetrators of human rights violations. Sa “Matuwid na daan”, KARAPATANG PANTAO AY DAPAT IGALANG.

Emmanuel Amistad
Executive Director
Task Force Detainees of the Philippines (TFDP)