AHRC-ETC-015-2011,May 23, 2011,

SPECIAL REPORT
Torture in the Philippines & the unfulfilled promise of the 1987 Constitution

OVERVIEW: The Asian Human Rights Commission (AHRC) is publishing from today interviews conducted with victims of torture. This series of interviews will discuss, not only about how torture victims suffers while in the custody of the security forces, but the real obstacles in pursuing legal remedies within the system of justice.

Apart from torture victims themselves, the interviews will also include the families of the victims, human rights defenders and legal practitioners, who are helping torture victims–not only in pursuing the prosecution of cases in court–but also for their treatment and rehabilitation from the trauma that they experienced.

Interview 1: “My experience frightens other farmers”

In this first interview, a torture victim who led a farmer organisation speaks about his and his colleagues’ experience of torture while in police custody. Upon his request, we are withholding his personal identity and other details for his safety. This is the unofficial translation of his interview done in Filipino:

Victim: I am 67 years old, married, and had three children and five grandchildren. I was arrested in August 30, 2007 and taken to the Camp Vicente Lim. They blindfolded and tied my hands.

For 36 hours, I was not given water to drink and food to eat. I only had food on the third day of my detention with the help of my lawyer. I was lucky because my colleagues were so quick in locating me after I was arrested.

When I was in police custody, I was tortured physically, psychologically and also threatened with death. Most of the time, they (the perpetrators) assaulted me. They hit my chest hard if I refused to answer their question; they also threaten to harm my family if I refused to confess to them the ‘truth’ that they want me to confess.

I believe that what the police and the military are doing in the way of torture is a criminal offense because they are using torture to force a person to admit to a crime that they did not commit. They usually torture activists and peasant leaders. Even in other organisations, if their colleagues are unable to respond quickly to locate their colleagues following his arrest, most of them would disappear; others, their bodies would only be found elsewhere.

In my case, had my colleagues failed to respond to quickly, I could have also been dead at this time.

Q: Could you elaborate more about how you were physically tortured?

Victim: They punched my chest hard once.

Q: What question they usually asked from you?

Victim: They were asking whether I am a communist, if I am a member of the New People’s Army (NPA). I denied all their allegations. I know that I am only a leader of a farmer’s organization.

Q: Could you tell us more about the threats on your family?

Victim: They told me they would make trouble with my family. They told me they will also arrest them. They told me many (other) things. Even on the last night of my detention, they made noise on purpose by shaking the padlock of my detention cell. I heard them saying: “we will take that elderly person and kill him (ung matandang nandiyan dukutin natin at atin ng patayin)”.

That is what they did to me. They really did it on purpose for me to hear. I had to awake my fellow detainees when I hear it. But had it happened (being taken out his cell) I would definitely make noise to draw the attention of my colleagues.

Q: How about on your first day of detention, what else did they do to you while you were blindfolded?

Victim: Many things. They told me they kill me in lieu of a farmer leader that they were not able to kill. That was what they did to me. While I was blindfolded, they shone the flashlight on purpose to my eyes. What I could see is a very bright light. That is what they did to me; again they repeatedly told me that they would kill me because they were not able to kill that leader. They said that said since I am a leader, they would also kill me.

I think it was early dawn (because I could hear a crowing chicken). When I was blindfolded, I heard a child crying. They told me, when I heard the child crying, that: “you see, you’re the father of this child”. When I heard this, and after they (supposedly told the child) that I was there, the child cried even more. I was really extremely frightened because I thought that they had already taken my whole family with them. I thought of this because at first they told me that they would also take my family. I was really extremely frightened at that time. I thought the one who was crying was my grandchild.

After I was release from their custody, I was traumatized due to this experience.

Q: Did you know whether the one crying was a boy or a girl?

Victim: I was certain it was a child. But I thought it was pre-recorded and they played it to frighten me even more.

Q: Could you tell us what trauma you have experienced?

Victim: Every time I hear a loud noise, for example battle scenes; or I see a person wearing military uniform on television, I ask someone else to turn it off. That was the fear that I had experienced. But now I think I have recovered.

Q: After you were abducted, torture, falsely prosecuted in court and after having your case dismissed, how do you feel now? How did you get on with your family members and with the farmers as well?

Victim: In terms of my family, I did not have a problem. But it is more of my own fear, my experience which also created fear amongst the farmers’ organisation (in my community) that they (some of his colleagues) were already refusing to let me enter in their homes unlike before that they were very accommodating. They were frightened that what had happened to me could also be done to them. That was the effect on me and for my work.

Q: After the incident, was your life ever normal again like what it used to be? Were you still able to do things that you usually did before you were arrested and tortured?

Victim: Not anymore! I was not able to return to our homes for over a year. I had to live in somebody else’s houses. I choose not to return home until I was finally exonerated from the false charges. In those days, I lived in fear and had to be in hiding.

Q: Could you tell us your opinion about the torture that you have experienced? About what the police and the military had done to you?

Victim: I thought it (torture) was a doing of criminals. Firstly, because they forced me to admit to an offense I did not really commit. They hurt you to force you to admit whatever allegations they would have on you.

Q: Now that we already have a law against Torture, what is your opinion on this?

Victim: I think it would be better if the law would be strictly implemented. But if the law is not be implemented it is also meaningless. I think there should be an effective implementation of the law, if there is really such a law.

Q: What do you mean about how to implement the law?

Victim: I mean the government must implement it because it is also the government (and those who are in the government) who violate this law.

Q: If you would be given a choice, had the torture on you happened when the law took effect, would you be willing to file a case in court?

Victim: Perhaps not anymore.

Q: Why?

A: In my experience, of course you can file a case in court if there are violations, but until I can see that something really happens to these cases in court, it would not be able to convince myself to pursue my case. I must see that someone could be punished first. I’m not sure if you have seen on television about the torture video case of (Darius Evangelista). Were the policemen involved punished?

Q: Do you have any further message to victims of torture like you, to the Philippine government after the Anti-Torture Act have been enacted?

Victim: To my colleagues, that they should continue their work with caution. They should show to others that there is nothing wrong in what they do; and that what the police do in illegally arresting person is wrong. They (the police) have no proof that those persons whom they are arresting had committed wrongdoings, but they still continue to arrest them. And those in the government, they should implement the law in real sense and they should not punish persons that they are not sure had committed wrong doing.

Q: How about a message to victims of torture?

Victim: This is just a test on them as (human rights and political activists) leaders. We have already expected this to happen to us and it does happen. As long as those in the government do not serve us in real sense, this will continue to happen. We should continue to take precautions always.

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The views shared in this article do not necessarily reflect those of the AHRC, and the AHRC takes no responsibility for them.

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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

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Press Release, May 23, 2011

Reference: Vince Casilihan, KARAPATAN-Bikol, Marilyn Estrellado,wife of Rodel Estrellado,

The fight for justice continues as cases of murder were filed againts Major Danilo Ambe and eight (8) others at the Camarines Sur Provincial Prosecutors Office on Thursday May 19, 2011 by CIDG, Rodel Estrellado’s family and Karapatan-Bikol.

“Though thankful to PNP in its effort and cooperation, we find it necessary for them to prosecute high ranking officials of AFP whom we believe are behind the killing of Rodel Estrellado. We fear that Estrellado case is just a tip of an iceberg of AFP’s human rights violations  against the people whom they swear to protect.” – said Casilihan.

“The culture of impunity on the military institution has proven to be their shield while it is a threat to people’s rights and welfare. Worst, this culture of impunity have cost the lives of many Bikolano human activist and rights defenders like Isaias Santa Rosa, Joel Baclao, Cris Hugo, Rambo Guran and Ompong Alvarado.” – added Casilihan.

It seems that AFP’s concept of human rights is to silence those who are opposing the unjust and anti-people policies and programs of the government. Using Oplan Bantay Laya under Macapagal-Arroyo administration and now Oplan Bayanihan of Noynoy Aquino administration, they filed fabricated charges as what they did to Bicol 8 and Daet 4. Oplan Bantay Laya and Oplan Bayanihan are government way of justifying its atrocities and terrorism over its people.

Various human rights violations against the civilian especially to human rights defenders and supportes has been a long standing issue in the Bicol Region. Some of the victims and survivors have decided to stop seeking for truth and justice due to fear and continuing threat for their lives. Karapatan-Bikol salute and admire the courage and firmess of Rodel Estrellao family in pursuing the case. One way or another the family serves as an inspiration to all the victims out there, bringing strong message for them to come out and bravely seek justice for their families and friends.

“It is high time for the AFP in the entire Philippines to know that civilian authority is at all time supreme over the military. It is high time that we bring them into court. This human rights violations againts us must stop. We hope that P-Noy administration hear our calls and walk his talk of matuwid na daan (“straight path”).”-ended Marilyn Estrellado.#

KARAPATAN BIKOL
#664 G/f Encarnacion Bldg., Rizal St. , Brgy 17, Legazpi City
(+6352) 480-5227, karapatanbk07@yahoo.com

News Release
May 22, 2011

It’s an embarrassment for the United Nations Human Rights Council.

This was how the umbrella group Bagong Alyansang Makabayan described the election of the Philippines to a fresh term in the UN Security Council, after garnering the second highest number of votes.
“This seriously impacts on the credibility of the UNHRC. The Philippines has a very poor human rights record dating back to nearly a decade of the Arroyo regime. It has gained notoriety for extrajudicial killings, enforced disappearances, torture and arbitrary detention. These practices continue to this day,” said Bayan secretary general Renato M. Reyes, Jr.

“The PH government has yet to ensure the conviction of perpetrators and masterminds of the murder of activists. Meanwhile, some 40 cases of extrajudicial killings have already been recorded, less than a year into the Aquino government. The Philippine Human Rights Commission even practically cleared the AFP in the abduction and torture of a Fil-Am activist,” he added.

The group said that the results of the vote may be the result of intense public relations blitz and lobbying rather than actual improvements in the human rights situation in the country since the time of the Arroyo government. It said that during the worst period for human rights under the Arroyo government, the Philippines was still able to get itself elected to the UNHRC.

“It’s really no achievement since even during GMA’s worst onslaught of human rights violations, the Philippines still got elected. It’s a shame really,” Reyes said.

Bayan said that the PH government can only do two things; continue the old ways of the Arroyo government, or make human rights a priority and hold accountable rights violators of the past and present.

“The current government seems to be going down the same path of the Arroyo government. The number of new extrajudicial killings remains alarming. The conviction rate of suspected perpetrators remains less than 2%. There are more than 300 political prisoners languishing in jails around the country. How can our foreign affairs officials say that human rights is a priority of this government?” Reyes asked.

Renato M. Reyes, Jr.
Bayan Secretary General

By Ronalyn V. Olea, Bulatlat.com

MANILA – An international human rights organization lamented the unresolved cases of enforced disappearances and extrajudicial killings under the new Aquino administration.

In its world human rights report released May 13, Amnesty International (AI) stated: “More than 200 cases of enforced disappearances recorded in the last decade remained unresolved, as did at least 305 cases of extrajudicial execution (with some estimates ranging as high as 1,200). Almost no perpetrators of these crimes have been brought to justice.”

The group cited a report commissioned by the United States Agency for International Development and NGO the Asia Foundation that recorded 305 cases of extrajudicial executions with 390 victims from 2001 to 2010. “The same report stated that only one percent of reported cases resulted in a conviction, and that members of the armed forces were implicated in 20 percent of cases.”

AI also cited a report from the Commission on Human Rights in February 2010 saying it has recorded 777 cases of extrajudicial executions and 251 cases of enforced disappearance since 2001. AI noted that in September of the same year, human rights group Karapatan recorded 1,206 extrajudicial executions and 206 victims of enforced disappearance during the same period.

AI also noted that almost none of the victims’ families received reparations.

Civilian deaths

AI said there are at least 38 alleged political killings reported in 2010.

“Civilians continued to be killed as the military’s counter-insurgency plan failed to differentiate between civilians and members of the NPA [New People’s Army]. In some cases, the police or the military claimed that the deaths occurred during ‘legitimate encounters,’” AI said, citing the case of botanist Leonardo Co and two others.

Co and two others were shot dead in Kananga, Leyte in November 2010. Military officials claimed that the victims were caught in a crossfire between the army and the NPA but a survivor and other witnesses refuted the claim.

The findings of local human rights groups were no different. In its first quarter monitor, Karapatan records showed that since Aquino took office until March this year, there were 45 victims of extrajudicial killings and five victims of enforced disappearances. For this year alone, the group recorded 14 victims of extrajudicial killings.

“The first quarter 2011 data gathered by Karapatan present a profile of human rights violations indistinguishable from that committed by the U.S.-Arroyo regime,” Karapatan said.

The group branded the new counterinsurgency program Oplan Bayanihan of the Aquino administration as “a camouflage for state terrorism” with the use of civilian-military operations.

“The atrocious and barbaric Oplan Bantay Laya (OBL) and the new Oplan Bayanihan (OPB) under the new Aquino administration has no difference, except the names and the latter’s rampant use of deceptive words like ‘respect for human rights’, ‘development-oriented activities’ and ‘peace’,” Hanimay Suazo, Karapatan-Southern Mindanao Region acting deputy secretary-general, said.

In its quarter report, Karapatan –SMR recorded three victims of extrajudicial killings and one victim of enforced disappearances. It also documented 53 cases of human rights violations involving security forces and paramilitary groups that have victimized 99 families with 1,259 individuals from January to May 15, 2011.

“Indeed, the moniker ‘wolves in sheep’s clothing’ for the Armed Forces of the Philippines is real after it is again linked to extra-judicial killings and other rights abuses in the region under the new counter-insurgency plan, Oplan Bayanihan,” Karapatan-SMR said.

Torture and other ill-treatment

AI also said that torture and ill-treatment continue under the new administration, citing the cases of Darius Evangelista and Ambrosio Derejeno.

In a video shown by broadcast media in August, Evangelista, a suspect apparently held for petty theft, was being yanked by a cord attached to his genitals and whipped with a rope.

Derejeno, meanwhile, was reportedly taken by Citizens’ Armed Forces Geographical Unit (CAFGU) members in Samar province. He was tied up and surrounded by men in camouflage uniform pointing their guns at him.

Meanwhile, Karapatan recorded 26 victims of torture from July 2010 to March 2011.

Private armed groups

AI also said that private armed groups continued to operate throughout the country, despite government commitments to disband and disarm them.

According to the Philippine National Police, there were 117 private armed groups in February. The Independent Commission Against Private Armies reported in May that there were at least 72 active private armed groups in the country, and that another 35 had already been dismantled by the police and military.

“Many members of government-established, armed “force multipliers” – including Civilian Volunteer Organizations (CVOs), police auxiliary units, and the Citizens’ Armed Forces Geographical Unit (CAFGU) – were also members of private armed groups,” AI said.

“In November, the President vowed that he would disband and disarm identified private armed groups, but refused to abolish CVOs, the CAFGU and police auxiliary units, saying that they needed to be professionalized instead. The Armed Forces stated that it needed to increase the number of CAFGUs,” AI said further.

The group also cited the military’s revival of the vigilante group Alsa Lumad in September in its campaign against the NPA.

“Shame on them for talking about ‘respect for human rights’ when they have not done anything to make the previous administration and its cohorts accountable for the thousands of human rights violation victims,” Suazo said. #