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An overview of the human rights situation in Eastern Visayas*

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By Ericson Acosta, Bulatlat.com

Many are surely wondering, why did the military detain Acosta? Why was he imprisoned?

In what far-off corner of the islands could Barangay Bay-ang be found, and what could a writer and poet like Ericson Acosta possibly be doing there?

In truth, these are vital questions, not just to the overly curious or to the sectors that know me as an activist and cultural worker and are now calling for my release. I bore direct witness to the deliberately illicit and deceptive conduct of my arrest and detention by the authorities; directly witnessed how the very institutions that must defend my rights had instead conspired to suppress the same. These then are questions vital to anyone concerned in human rights issues, especially in the context of the dismal state of affairs in the Eastern Visayas, as well as in other parts of the country.

The latest Commission on Human Rights findings on the case of missing activist Jonas Burgos attest to the fact that widespread extrajudicial killings and enforced disappearances around the country are systematically and regularly being committed by the Armed Forces of the Philippines (AFP) in line with their counter-insurgency program. While the AFP has not been charged nor held liable for thousands upon thousands of violations throughout the islands, citizens remain trapped in a climate of terror and fear.

In spite of the much awaited advent of justice and reform touted by the new regime of President Noynoy Aquino III, poverty endures in Eastern Visayas. Of course, Region VIII is the land of the Waray (a word which literally means “without,” “empty” or “naught”), the ethno-linguistic group inhabiting the clustered islands of Samar, Leyte and Biliran.

Local culture and tradition so permeates the lives of the Waray that it nearly overwhelms the daily tragedy of a backward agriculture and economy. Though they amuse themselves with tuba (palm wine) and kuratsa (an indigenous dance), they face a sobering reality. The absence of social justice is made even worse by natural calamities. Persistent rainfall has raised alarm against heavy landslides and flash floods in Leyte akin to those that befell Ormoc City and the town of St. Bernard. In Catbalogan City and San Jorge town in Samar, farmers expect their crops to be submerged in apo or flood – this disaster has hit them year in, year out for over 50 years.

Widespread military operations are common occurrences in the interior barrios and upland areas. The AFP boasts it has “pulverized” insurgency in the isle of Leyte, and regards the whole of Samar as a national priority. The two islands were struck in the “last salvo” of extensive militarization under Oplan Bantay Laya II (OBL II or Operation Freedom Watch II) of the Arroyo regime. The Aquino regime extended the implementation of OBL II until January 2011, before it was recently replaced with Oplan Bayanihan (Operation Teamwork). In Region VIII, this “last salvo” has been dubbed “Operation October Left Cross” by the 8th Infantry Division (8th ID) of the AFP, the armed forces division that oversees the entire Eastern Visayas.

The region has suffered tremendous aggression under OBL, and though a succession of generals ultimately served as chief of the AFP and the 8th ID, militarization in the whole of the region has assumed a single visage. Singularly the most infamous military man, the one called the “butcher,” Jovito Palparan was assigned in the island.

The human rights situation in the region

Fact-finding missions led by Katungod-Sinirangan Bisayas (Katungod-SB), the local arm of national human rights alliance Karapatan, have documented about a hundred thousand peasant and civilian victims of militarization in town centers and in the countryside throughout the region. These were the case facts I reexamined and sought to directly validate from the farmers concerned, particularly in the upland barrios of some municipalities in Samar.

The documented cases involve political assassinations, illegal arrests, forced evacuation and displacement, bombings, strafing, arson, destruction of crops, food blockades, physical and mental harassment and torture, and many others. The height of the OBL onslaught against the civilian population came in 2005, in what is often referred to now as the “Palparan era.” Nonetheless, militarization remains in full effect, carrying on with Aquino’s current Oplan Bayanihan.

Karapatan reports that in Eastern Visayas, there were 126 victims of extrajudicial killings and 27 disappearances under the Arroyo regime. These statistics represent the highest number of victims among the Visayan regions. Among those murdered were known activists and human rights advocates Atty. Felidito Dacut, Dr. Bartolome Resuello, Atty. Norman Bocar, Rev. Edison Lapus, Prof. Jose Ma. Cui, and Fr. Cecilio Lucero.

Activists and human rights groups are perpetual targets of military intimidation. Soldiers constantly threaten Katungod-SB via military sponsored radio programs on the DYMS Catbalogan station. This past year, former Katungod-SB Secretary-General Atty. Kathrina Castillo received death threats in the mail.

Massacres are not uncommon in the region. The 19th Infantry Battalion (19th IB) in Leyte, aka the “Massacre Battalion,” earned the moniker for its relentless spate of killings. The controversial deaths of renowned botanist Leonard Co and his staff in Kananga, Leyte in November 2010 were purported as the result of an encounter between the guerrilla New People’s Army (NPA) and the 19th IB. Apparently, this incident in Kananga had a precedent. Like Co and his companions, the nine who died in Kananga in 2003 were clearly deliberately shot by 19th IB soldiers – except these victims were ordinary farmers and therefore did not catch media attention. In 2005, nine more farmers, including a pregnant woman, were killed when soldiers gunned down a tiklos (a communal farming activity) in Barangay San Agustin, Palo, Leyte. The farmers who survived the gruesome massacre were arrested and slapped with manufactured criminal charges to prevent their testimony.

Suspected members or supporters of the NPA are similarly assaulted with illegal arrests. Such was the case with Dario Tomada, leader of Samahan han Gudti nga Parag-uma ha Sinirangan Bisayas (SAGUPA-SB), the regional alliance of militant farmers. Tomada survived an assassination attempt in 2005, and decided to leave the militarized region to ensure his safety. Tomada was arrested in Biñan, Laguna in July 2010 and charged with 15 counts of murder, in connection with a supposed “mass grave” discovered in Inopacan, Leyte. There are other farmers whose incarcerations remain unreported, civilians who allegedly “surrendered” and are kept in military custody against their will, and other undocumented cases.

With my own illegal arrest and detention, there are now 16 political detainees in Eastern Visayas. But as the farmers of Barangay Bay-ang will tell you, this sort of abuse – and worse – is not at all unexpected.

Where is Bay-ang?

The farmers have grown accustomed to the archaic mode of transportation in the island of Samar. Typically sold in the tabo (local markets) and on occasions such as the patron (fiesta) is that most reliable and most basic requirement of farmers for their mobility – a pair of boots. When there are even no proper roads leading to interior municipalities like Matuguinao and San Jose de Buan, what could one expect of the more remote barrios in various towns?

Barangay Bay-ang is one of the innermost barrios of the town of San Jorge, Samar. It is situated on the tri-boundary of the upland towns of San Jorge, Motiong and San Jose de Buan. Interior Bay-ang is a funnel for “nearby” barrios (several kilometers apart in actual distance) needing transportation toward the Maharlika Highway and the San Jorge town proper. There is a local port and several baloto (boats) that traverse the river.

During the Filipino-American War, Gen. Jacob Smith vowed to turn all of Samar into a “howling wilderness.” Who would imagine that this horrifying threat would be felt to this day, and in fact realized in Barangay Bay-ang and the other interior barrios of Samar?

From 2005 to 2007, Bay-ang was known as a “no man’s land.” Residents were forced to evacuate owing to intensified militarization and widespread military atrocities. Many homes were torched, not even the barangay chapel was spared. Even the image of their patron saint, but silently looking on as these attacks occurred, had been desecrated and blown up by the soldiers.

As the OBL has demonstrated all over the country, military abuse applies no distinctions to its victims – targets may include prominent church people, journalists, doctors, professors or lawyers. Mired thus in their remote dwellings and perhaps limited knowledge of the law and their basic rights, the ordinary farmer suffers vicious intimidation in the hands of soldiers on a much larger scale.

On August 8, 2005, soldiers of the 34th IB summoned Arcadio Gabani, barangay captain of Bay-ang, and Artemio Gabin, a barangay tanod (watchman). They were brought to the Purok 2 barangay hall in the San Jorge town proper and subjected to torture.

Within a few days, on August 12, farmers Rodolfo Lukaban and Lodilo Gabiana ran into 34th IB troops conducting operations, purportedly in search of NPA camps. They were forcibly used as guides in the military operations and knocked about repeatedly along the route to the suspected camps. At one point, the troops came across Artemio Ellantos who was out fetching water. The soldiers roughed him up when he could not immediately respond to their questions. A minor, 16-year-old Eyet Dacanay, was pulled from a small gathered group and beaten up in one of the houses. Dacanay was also used as a guide in their operations.

Another Bay-ang resident, Paquito Badiola, 35, suffered a crueler fate. On that very day, he encountered a separate group of 34th IB soldiers in a forested area of Barangay Mobo-ob, and was slaughtered.

Said military operations took place in less than a week, but already there were several victims. One other case is that of Nonita Gabina, whose head was bashed against a staircase while she was under investigation. She was forced to sign papers stating she had “surrendered” to the troops. A few days after the incident, soldiers burned down the hut in their farm.

Bay-ang Sangguniang Kabataan (SK, Youth Council) Chairman Nonito “Ronie” Llantos, 18, was tortured and forced to stand though bedridden with illness. Soldiers smashed his genitals with a rifle butt. His younger brother, 13-year-old Salvador, was another victim. The soldiers gave him a beating as he moved to protect an ailing Ronie.

On August 17, the residents of Bay-ang were forced to evacuate to the old Samar National Agricultural School (SNAS) building in Barangay Matalod, San Jorge. In three months time, soldiers paid a late night visit, raucously pounding the doors of the SNAS building. The evacuees were shaken and terrified anew.

Bay-ang “post-Palparan”

Two years would pass before the residents could return to Bay-ang. But in mid to late 2008 came another parade of aggravated military atrocities.

In end July 2008, a platoon of the 46th IB had encircled the barrio. From 6:00 in the evening to 5:00 the morning of following day, soldiers strafed and opened fire on the barangay chapel, several houses, as well as scampering farmers. Apart from the strafing, the soldiers practically held one family hostage as they were trapped in a house without food and deprived of sleep. Looting and razing of the farmers’ crops were also reported.

On September 5, soldiers came upon 42-year-old Ombie Labong as he worked in the fields. Accompanied by Bay-ang barangay officials, Labong revealed the details of that day’s ordeal, his torment in the hands of the soldiers, to a Tacloban radio station. He was blindfolded, beaten up, and threatened with murder if he refused to report NPA presence in their community.

Ronie Llantos survived torture in the “Palparan era,” but in three years time, soon met his doom. High noon of September 13, 2008, he was taking shelter in the field when 20th IB troops fired on the hut he then shared with brother JR Llantos, aged 12, and cousin Barton, aged 13. Ronie was shot dead.

Apparently, this vile act came too easy and was not enough for the soldiers. With wood from the hut, they set fire to Ronie’s corpse, marking their helicopter’s landing spot with his charred remains. From razed crops, to looting, to the fire-gutted houses of Inocito Gabane, Federico Lazarra, and that of the former SK Chairman reduced to ashes along with his lifeless body, the operating 20th IB troops wrought immeasurable ruin.

Like scenes taken out of a Vietnam war movie, from September 16 to 18, 2008, three fighter planes dropped 33 bombs in four separate blasts around Barangay Bay-ang in San Jorge and three other barrios in San Jose de Buan, Sitio Galutan, Barangay Canaponte, Barangay Hagbay and Barangay San Nicolas. Powerful explosions shook the ground, destroyed crops and the livelihood of hundreds of farmers from the affected barrios. The residents were once again forced to evacuate. This time the people of Bay-ang left for the San Jorge town proper.

The farmers have now gone back to Bay-ang. Bomb craters remain scattered across the landscape.

Continued militarization of the region

I was informed of the successful completion of “Tabang Samar” (Help Samar), a relief and fact-finding mission (FFM) conducted last March 10-15 in the town of Matuguinao, led by Katungod-SB and other regional organizations. FFMs like these document cases similar to the ones reported in Bay-ang and in other barrios under military repression.

Some of the FFM participants managed to visit me in prison. I thank Katungod-SB for providing me again with copies of factsheets and previously recorded testimonies made by victims of military atrocities in the region. Unfortunately, the testimonies I personally gathered from the farmers of Bay-ang and other barrios are now in the hands of the 34th IB, the perpetrators of my illegal arrest. It was neither a gun nor a grenade that was taken from me but my personal belongings, notably my laptop computer which most aroused their suspicions.

In Matuguinao, helicopters patrol the skies and carelessly land on cultivated fields. This goes on to this day – despite the cessation of the hard-line OBL. As in a line from one well-known song, news has it that these atrocities happened only to towns like Silvino Lobos and Las Navas; in truth, it is a recurring circumstance in San Jorge, in Kananga, Lope de Vega, Albuera, Balangiga, Palo, and any corner of the region plagued by militarization.

The deployment of additional troops to an already militarized region notwithstanding, the AFP and the 8th ID are also in active recruitment. In the past few months came announcements of consecutive training for new recruits: 239 in October, 333 in November; in March, 125 new recruits were sworn in for the training that would supposedly transform them from boys into “real men.” AFP spokespersons referred to them as the “new blood” that would serve the armed forces; “new blood” as well that would engage in widespread military operations continually enforced in the region.

The reforms promised by the Aquino administration have now made their way into Samar. Foreign aid agencies like the Millennium Challenge Corporation are pouring large sums into the Pantawid sa Pamilyang Pilipino Program (a government-sponsored conditional cash grant program for destitute families) and other grand Samar construction and road improvement projects. This was a frequent topic in my conversations with the farmers in the barrios. But during one interview, the farmers simply stared into their muddy boots: “Diri man namon kinahanglan an karsada (We don’t need roads),” they declared. “An hangyo namon, hustisya (What we long for is justice).”

But for whom? Will it be for Casiano Abing? Bayan Muna (People First) partylist member from Balangiga, Eastern Samar: the first victim of extrajudicial killing in the region under the Aquino administration.

Will it be for Joselito “Itok” Tobe? Farmer, Palo massacre survivor and witness: died from illness in prison, just weeks before fellow accused detainees were freed.

Will it be for these farmers hounded with debilitating disasters far worse than flood and landslides? When I was arrested, I saw for myself how they turned pale and wept as they sensed they had no choice but to leave me with the soldiers.

Is it still a wonder what a writer and poet might be doing in a far-flung barrio like Bay-ang? Perhaps our question now must be, why must it be so elusive, and seemingly unable to pop in on places such as this, that much awaited visitor whose name is Justice? (http://bulatlat.com)
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*Translated from “Isang Pagsipat sa sitwasyon ng karapatang pantao sa Silangang Kabisayaan,” published 12 April 2011 on Pinoy Weekly Online: http://pinoyweekly.org/new/2011/04/isang-pagsipat-sa-sitwasyon-ng-karapatang-pantao-sa-silangang-kabisayaan

To learn more about the author and his cause, and also see more of his work, his songs and the messages from his supporters – and to support the campaign for his release – visit http://freeacosta.blogspot.com, his prison diary at http://acostaprisondiary.blogspot.com or the Facebook page at

http://www.facebook.com/Free.Ericson.Acosta.FreeAllPoliticalPrisoners.
Ericson Acosta’s counter-affidavit filed over his illegal possession of explosives charge: http://pinoyweekly.org/new/wp-content/uploads/2011/04/ERICSON-ACOSTA-COUNTER-AFFIDAVIT.pdf

Support House Bill 3046, An Act Defining and Penalizing the Crime of Enforced or Involuntary Disappearance

Please support and send your support emails to: urgentaction@karapatan.org and cc: icchrp@gmail.com

The United Nations Declaration on the Protection of All Persons from Enforced Disappearance states that an involuntary or enforced disappearance happens when “ persons are arrested, detained or abducted against their will or otherwise deprived of their liberty by officials of different branches or levels of Government, or by organized groups, or by private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law.”

Victims of enforced disappearance can be abducted right in front of their families, from their homes, inside a mall, while crossing the street, in the middle of the night or during daytime. They can be activists, farmers, workers, drivers, lawyers, journalists, students, women, priests, nuns, fathers, mothers, daughters, sons, wives, husbands, sisters or brothers. They are called desaparecidos or the disappeared.

In the Philippines, thousands have become victims of involuntary or enforced disappearance since the rule of the Dictator Ferdinand Marcos up to the current administration of President Benigno “Noynoy” Aquino III.  Information on their whereabouts or what has happened to them remains unknown. Their families have not stopped looking for their missing loved ones.

Involuntary or enforced disappearance is a grave human rights violation. However, not a single perpetrator has been punished. In the Philippines, a law criminalizing the act of involuntary or enforced disappearance has yet to be enacted.

That is why we, the families, friends and supporters of victims of enforced disappearances, are calling on the Philippine Legislature to immediately pass into law House Bill 3046, An Act Defining and Penalizing the Crime of Enforced or Involuntary Disappearance. It will criminalize the acts of involuntary or enforced disappearance. It will help bring justice to the victims and their families and penalize the perpetrators.

We also urge the Noynoy Aquino government to sign, ratify and adhere to the provisions of the International Convention for the Protection of All Persons from Enforced Disappearance which was adopted by the UN General Assembly on December 20, 2006 and entered into force on December 23, 2010. #

Palparan’s bodyguard linked to abduction of UP students

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by Ronalyn V. Olea, Bulatlat.com

MANILA – A close-in security of retired Gen. Jovito Palparan Jr. has been identified by one of the witnesses as one of those who abducted University of the Philippines students Sherlyn Cadapan and Karen Empeño and farmer Manuel Merino.

In a supplemental affidavit submitted to the Department of Justice (DOJ) panel, August 3, Wilfredo Ramos said the man who was wearing a blue shirt and shades and seated immediately at the back of Palparan during the last hearing on July 19 was part of the team that took Cadapan, Empeño and Merino from their house in San Miguel, Hagonoy, Bulacan on June 26, 2006.

During the third hearing of the preliminary investigation on the criminal charges filed against Palparan and other military officials, Provost Marshal General Col. Herbert Yambing admitted to the DOJ panel that the man being referred to by Ramos is a member of the Philippine Army and is assigned to provide security for Palparan during court hearings. Yambing, however, said he does not know the name of the soldier. A photograph of the soldier is attached to the supplemental affidavit.

Asked what unit is providing security for Palparan, Yambing responded it is the AFP’s Headquarters Service Group.

Palparan was not present in the recent hearing and so was his aide.

DOJ panel head Assistant State Prosecutor Juan Pedro Navera ordered Yambing to produce the personal circumstances of Palparan’s aide and to coordinate with the lawyers of the complainants.

Lawyer Edre Olalia, secretary general of the National Union of Peoples’ Lawyers (NUPL), said the still unnamed soldier is among the “John Does” in the complaint filed by the mothers of the two missing UP students.

In May, Erlinda Cadapan and Concepcion Empeño, mothers of the two UP students, filed the criminal complaint against Palparan and other retired and active military officials for arbitrary detention, maltreatment of prisoners, grave threats, and grave coercion, rape, and serious physical injuries.

In his affidavit, Ramos who was only 14 years old at the time of the incident, said the said soldier was the one who hogtied him and his father William Ramos on June 26, 2006. During the July 19 hearing, Ramos said the man gave him a dagger look.

In the July 19 hearing, Olalia asked the DOJ panel to allow Ramos to point at and ask the identity of one of the abductors. Navera denied the motion, saying it is not an evidence-gathering party.

Olalia said the presence of one of the abductors during the last hearing was “the height of brazenness and arrogance.” “One of the alleged but still unnamed perpetrators had the gall and temerity to go to the hearing and display himself, intimidating and eyeing Ramos all throughout the hearing. He was openly thumbing his nose, as it were, at the whole justice system,” Olalia said.

‘Palparan responsible’

In their joint reply affidavit, Mrs. Cadapan and Mrs. Empeño said Palparan’s counter-affidavit contains merely bare and general denials.

“Palparan’s self-righteous indignation and refutation of the charges cannot exempt him from criminal liability for the cruel treatment of Karen and Sherlyn while in custody,” they said.

They added that the fact that Karen and Sherlyn were being transferred from one military camp to another under the command of different military units but all under the 7th Infantry Division establishes conspiracy among the respondent and connivance of the whole military establishment under the 7th ID.

The mothers of the two missing UP students also said mere suspicion of being New People’s Army (NPA) members does not justify extra legal abduction, forced disappearance and violation of the rights of Sherlyn and Karen.

The two mothers also belied claims by other respondents Lt. Col. Rogelio Boac, Col. Felipe Anotado, M/Sgt. Rizal Hilario and 2nd Lt. Francis Mirabelle Samson.

In a statement, key witness Raymond Manalo said, “For a number of times, our statements have been proven true by the Courts. They could no longer hide the truth so they just deny it, and try to destroy our credibility.”

Wrong person

Lawyers of the complainants also manifested that the respondent Arnel E. Enriquez who appeared in court hearings was not among those who abducted the students.

Another witness Alberto Ramirez said Enriquez was not the same “Arnel Enriquez” who took part in the abduction.Lawyers asked for the removal of Enriquez in the complaint but insisted that a certain alias Arnel Enriquez be retained as one of the respondents. (http://bulatlat.com)

Basilan baker tortured while in military custody

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By Carolyn O. Arguillas

DAVAO CITY (MindaNews/01 August) — “What is wrong remains wrong, regardless of how long it has been allowed to persist. We cannot simply let it pass. If we ignore the crimes of the past, they will continue to haunt us. And if we do not hold people accountable, then they will do it again and again,” President Benigno Simeon Aquino III said in his State of the Nation Address on July 25.

Aquino was referring to corruption. But he could have said the same of torture: “what is wrong remains wrong.”

Two days before his SONA, in faraway Sumisip, Basilan, a 39-year old baker named Abdul-Khan Balinting Ajid whom the military claimed was a member of the Abu Sayyaf, was forcibly taken by Scout Rangers at 5:30 in the morning and while under their custody suffered “the most degrading physical and mental torture” in the hands of his captors, the Mindanao Peoples Caucus (MPC) said in its August 1 press statement.

“He was stripped naked and gasoline was poured over his head, inside his ears, and on his face. His interrogators also rubbed red chillies, and a bottle containing gasoline was forcibly entered, into his anus. Covered in gasoline his captors then set him on fire burning the skin and flesh on his face and lower torso.”

In Zamboanga City, Ajid’s sister told a press conference her brother, a baker for the past eight years, is innocent and is not a member of the Abu Sayyaf.

The sister, whose name was withheld, had the lower part of her face covered for security reasons, when she met the press. In tears, she recounted what happened to her brother and vowed to file charges against the soldiers.

Lt. Gen. Raymundo Ferrer, chief of the Western Mindanao Command, told MindaNews the command is investigating the report in coordination with the Commission on Human Rights in the region.

Earlier, Lt. Col. Randolph Cabangbang, Western Mindanao Command spokesperson said, “this is a sad incident for us, especially if soldiers were found to be involved.” He said Ferrer “wants the incident investigated and the perpetrators punished.”
Cabangbang said the investigating team is led by Col. Ukol Paglala, the Command’s Judge Advocate General Officer.

Torture is prohibited by the Philippine Constitution, Republic Act 9745 or the Anti-Torture Law passed in 2009 and by International Conventions which the government is a state party to.

Human rights groups, however, continue to receive reports on torture.

A fact sheet prepared by Carlo Cleofe, MPC’s Peace Talks Advocacy Officer, based on the interviews conducted by him and Rita Melecio of Task Force Detainees of the Philippines narrated that members of Task Force Basilan from the brigade of the Army Scout Rangers under Colonel Alexander Macario allegedly abducted Ajid from his house in Barangay Libug, Sumisip, Basilan.

The fact sheet quoted Ajid’s wife, Nurhaiya, as saying that at around 5:30 a.m. on July 23, while her husband was preparing the dough for the bread they would sell that day, soldiers kicked open the door of their house and upon seeing Ajid, grabbed him, brought him down on the floor and tied his hands behind his back.

Nurhaiya said their 15-year old son and 10-year old daughter fainted upon seeing what the soldiers were doing. Nurhaiya said she was asked where they kept the guns in the house and when she said no, the soldiers searched every part of the house, destroying their things and all the ingredients and materials they use in their bakery.

After searching the house, the soldiers dragged Ajid out and forced him to board a six-by-six truck. Nurhaiya tried to follow but was stopped.

No one told her why they were taking her husband away and where they were bringing him. No search or arrest warrants were presented.

Nurhaiya and Ajid’s sister sought the assistance of Sumisip Mayor Gulam Hataman who reportedly called up somebody from the Scout Rangers brigade to inquire about Ajid’s whereabouts and to ask why he was arrested. The mayor was told Ajid was a member of the Abu Sayyaf.

Three days after the soldiers took Ajid, his family sought the help of lawyers to find out where he was.

“Ajid’s sister tried to approach every lawyer both in private and public practice in Basilan but everyone refused due to fear of reprisals from the military. She then tried to ask the help of the Commission on Human Rights based in Zamboanga but she was advised to get a lawyer for the case first; at this point she met Atty. Rey Bongabong who took the case and filed a Writ of Habeas Corpus  Regional Trial Court of Isabela on July 27, 2011,” the fact sheet said.

Ajid was finally resurfaced by the military at around 3 p.m. that day and committed to the provincial jail, having been charged with kidnapping committed by the Abu Sayyaf.

At the jail, Ajid’s family saw his torture marks. “He was suffering from severe burns on his face, chest, lower torso, and genitalia. He also showed severe bruises or hematoma on his chest and lower ribs. He could not stand without assistance and he was withdrawn and did not talk too much. He also suffered from a partial loss of hearing, and whenever he would try to sit down, he would suffer from pain and discomfort,” the fact sheet said.

Ajid told his wife and sister that while under interrogation, somebody poured gasoline over his head, inside his ears, and on his face. ”He could not sit without feeling pain because his interrogators also rubbed red chilli into his anus and they also forcibly placed a bottle of gasoline inside his anus. Gasoline was also poured over his lower abdomen and genital region. After pouring gasoline Ajid’s interrogators set him on fire,” the fact sheet said.

Judge Leo Prinsipe granted the family’s request that Ajid be given medical treatment. He was brought to the Basilan Community Hospital a day after he was surfaced but “the attending physician failed to record all the physical manifestations of his torture,” the fact sheet said.

“In the medical report the attending physician only stated that the patient … was suffering from flame burns – no mention was made of the burns on his genitals, his internal injuries, and the bruises he suffered,” the fact sheet said.

Section 6 of  Republic Act  9745 provides under Section 6  that Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment is an absolute right.
“Torture and other cruel, inhuman and degrading treatment or punishment as criminal acts shall apply to all circumstances. A state of war or a threat of war, internal political instability, or any other public emergency, or a document or any determination comprising an ‘order of battle’ shall not and can never be invoked as a justification for torture and other cruel, inhuman and degrading treatment or punishment.. (Carolyn O. Arguillas/MindaNews)

http://www.mindanews.com/top-stories/2011/08/02/basilan-baker-tortured-while-in-military-custody/

Former Peasant women organizer illegally arrested in La Union, Northern Philippines

UA No: 2011-08-01
August 1, 2011
UA Case                                 :
Illegal/Arbitrary Arrest and Detention, Violation of the Rights of the Arrested or Detained Persons; Violation of the Rights of Children

Victim/s
GLORIA QUINONES FLORESCA
57 years old, resident of Ortiz village, Naguilian, La Union
Former organizer of Solidarity of Ilocos Associations of Women (SILAW)-AMIHAN, Kilusang Magbubukid ng Pilipinas, and also former coordinator of Gabriela-Ilocos

“BAN-BAN” (not his real name), four years old, grandson of Gloria Floresca, to whom she serves as legal guardian

Place of Incident                    :

Floresca residence, Ortiz village, municipality of Naguilian, La Union province

Date of Incident                     :
July 21, 2011

Alleged Perpetrator(s)          :

Joint elements of Provincial Intelligence Branch, Naguilian Police, Baguio City Police, and Naval Forces-Northern Luzon, as identified in the PNP press release, including those who were identified by witnesses as Sabado, Calica, Cambe and one in plainclothes

Account of the Incident:
On July 21, at about 12:30 PM, Gloria Floresca was with Ruby Rose Quinones, 21 years old, Felicitas Quinones, 80 years old, and “Ban-ban”, 4 years old, cooking lunch at their residence at Ortiz, Naguilian, La Union when police officers, who were identified only by their nameplates as Sabado, Calica, Cambe and another in civilian clothes entered and asked Mrs. Floresca if her name was Gloria Floresca. Mrs. Floresca answered yes. They said they were arresting her based on a warrant of arrest for the crime of rebellion, but did not show her the warrant. The arresting officers also did not read her the Miranda Rights.

Mrs. Floresca was shocked and told them that was impossible. Still holding a bowl of egg yolks, she asked if she could just finish cooking and feeding her grandson. She also asserted her right to a lawyer before they take her into custody. The police told her that they could not allow her because they had to arrest and detain her and that they will give her a lawyer when they reach the camp.

The police officers first took Mrs. Floresca aboard a police vehicle to the Ilocos Training and Regional Medical Center (ITRMC) for a medical check-up.  The doctor, however, cannot issue a medical examination result, so they proceed to the PNP Regional Headquarters for the medical examination. Then they took Mrs. Floresca to the PNP Provincial Office in Camp Diego Silang at Carlatan, San Fernando City for fingerprinting and mug shots. Mrs. Floresca still had no lawyer, but was interrogated by various police officers to whom she denied all their allegations.

A Quick Reaction Team (QRT) of the Ilocos Human Rights Alliance (IHRA) went to the PNP Provincial Office and requested a copy of the Warrant of Arrest but four unidentified police officers refused and instead told the QRT that a rebellion case was filed against her at the Tagudin RTC.

At around 6:00 PM, the team obtained a copy of a press release issued by the PNP Regional Command stating that Floresca is the “number 3 most wanted criminal” in Region 1 as per report of Police Region 1 Director PSupt. Franklin Bucayu and La Union Provincial Director PSupt Ramos Purugganan. The PNP claimed Floresca is “the head of the Finance Bureau of the Ilocos Cordillera Regional Committee Execom” and that she was arrested at her “hiding place” in Ortiz village by the “joint elements of Provincial Intelligence Branch, Naguilian Police, Baguio City Police, and Naval Forces-Northern Luzon.” The PNP distributed the press release to the media shortly after the arrest.

The police planned to take Floresca to Branch 25 of the Regional Trial Court in Tagudin, Ilocos Sur, but since it was already 5:00 PM, they decided to put her under the custody of the Women and Children Crisis Desk (WCCD), where she was brought at around 5:30 PM and stayed together with her daughter and a PNP officer named “Cas”.

At around 11:00 PM, an unidentified PNP officer again interrogated Floresca for about 30 minutes before she was allowed to sleep.

The next day, at about 11:00 AM, Floresca, escorted by some 20 elements of the PNP Regional Public Safety Team, was transported and presented to the Branch 25 RTC at Tagudin, Ilocos Sur.  She was later brought to Vigan City and detained at the Ilocos Sur Provincial Jail.

The Court records obtained by IHRA stated that Floresca’s case, under Criminal Case No. 969-T Tagudin RTC Branch 25, was filed by 1LT Romy Andres, Cpl. Paulino Tabug, Jr., Cpl. Felix Casil, Pfc. Joseph Hoyohoy, Pfc. Noel Bilog, Pfc. Michael Saldo, all from 50th Infantry Battalion, 5th Infantry Division Philippine Army. The Warrant of Arrest was issued by retired Judge Melanio Rojas on June 28, 2007 and later on by Judge Sixto Diompoc on February 19, 2010 after the case was archived.

Floresca, also known in the women’s movement as Manang Glo, was formerly organizer of Solidarity of Ilocos Associations of Women (SILAW), an affiliate of AMIHAN and GABRIELA-Ilocos before she retired in 2007 because of her medical condition. She has two daughters and a grandson, to whom she serves as his legal guardian. ###

Recommended Action:

Send letters, emails or fax messages calling for:
The dropping of fabricated charges and immediate release of Gloria Quinones Floresca.
The military to stop the labeling and targeting of human rights defenders as “members of front organizations of the communists” and “enemies of the state.”
The Philippine Government to withdraw its counterinsurgency program Oplan Bayanihan, which victimizes innnocent and unarmed civillians
The Philippine Government to be reminded that it is a signatory to the Universal Declaration of Human Rights and that it is also a party to all the major Human Rights instruments, thus it is bound to observe all of these instruments’ provisions.

You may send your communications to:

H.E. Benigno C. Aquino III
President of the Republic
Malacañang Palace,
JP Laurel St., San Miguel
Manila Philippines
Voice: (+632) 564 1451 to 80
Fax: (+632) 742-1641 / 929-3968
E-mail: corres@op.gov.ph / opnet@ops.gov.ph

Sec. Teresita Quintos-Deles
Presidential Adviser on the Peace Process
Office of the Presidential Adviser on the Peace Process (OPAPP)
7th Floor Agustin Building I
Emerald Avenue
Pasig City 1605
Voice:+63 (2) 636 0701 to 066
Fax:+63 (2) 638 2216
osec@opapp.gov.ph

Ret. Lt. Gen. Voltaire T. Gazmin
Secretary, Department of National Defense
Room 301 DND Building, Camp Emilio Aguinaldo,
E. de los Santos Avenue, Quezon City
Voice:+63(2) 911-9281 / 911-0488
Fax:+63(2) 911 6213
Email: osnd@philonline.com

Atty. Leila De Lima
Secretary, Department of Justice
Padre Faura St., Manila
Direct Line 521-8344; 5213721
Trunkline  523-84-81 loc.214
Fax: (+632) 521-1614
Email:  soj@doj.gov.ph

Hon.  Loretta Ann P. Rosales
Chairperson, Commission on Human Rights
SAAC Bldg., UP Complex
Commonwealth Avenue
Diliman, Quezon City, Philippines
Voice: (+632) 928-5655, 926-6188
Fax: (+632) 929 0102
Email:   chair.rosales.chr@gmail.com, lorettann@gmail.com

Please send us a copy of your email/mail/fax to the above-named government officials, to our address below.

URGENT ACTION Prepared by:

KARAPATAN Alliance for the Advancement of People’s Rights
National Office
2/F Erythrina Bldg., #1 Maaralin cor Matatag Sts.,
Brgy. Central, Diliman, Quezon City 1100 PHILIPPINES
Voice/Fax: (+632) 435 4146

KARAPATAN Urgent Action Alert
KARAPATAN Alliance for the Advancement of People’s Rights
2/F Erythrina Building, #1 Maaralin cor. Matatag Sts.,
Central District, 1101 Quezon City, Philippines
Telefax: (632) 435 4146