Alleged extrajudicial killing of Mr. Sumar K. Abdulwahab by members of the National Bureau of Investigation (NBI)

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in the Philippines.

Brief description of the situation

The International Secretariat of OMCT has been informed by the Task Force Detainees of the Philippines (TFDP), a member of OMCT SOS-Torture Network, about the alleged extrajudicial killing of Mr. Sumar K. Abdulwahab, a 47-year-old Muslim Purok leader from Maguindanao, by members of the National Bureau of Investigation (NBI), on 3 June 2010, in Mindanao.

According to the information received, on 3 June 2010, at about 2:30 pm, Mr. Sumar K. Abdulwahab was arrested by members of the NBI when he was discussing with a friend at Barangay Defense Force post, in sitio Manil, located in Daliao, Massim, Sarangani Province, a few meters away from his house. NBI members reportedly arrived in four vehicles and after presenting an arrest warrant, Mr. Sumar K. Abdulwahab was handcuffed and taken away. According to a witness to the scene, the NBI members did not explain the reason for his arrest.

According to the same information, on 4 June 2010, members of Mr. Sumar K. Abdulwahab’s family went to the office of the NBI in Lagao, in General Santos City, but the officers refused to let them visit Mr. Sumar K. Abdulwahab and asked them to come the following day. However, on 5 June 2010, the family members were informed, at the NBI office, that Mr. Sumar K. Abdulwahab had allegedly escaped by breaking a window.

Three days later, on 8 June 2010, Mr. Sumar K. Abdulwahab’s body was reportedly found near a cliff located in the municipality of Malalag, Davao del Sur. The body was inside a drum, wrapped with a laminated sack, both hands tied with a plastic wire, and cemented. The teeth were allegedly extracted. The body was in a state of decomposition but a picture of Mr. Sumar K. Abdulwahab’s child was found in one of the pockets and the clothes matched the ones Mr. Sumar K. Abdulwahab was wearing at the time of his arrest.

According to the post mortem examination report, Mr. Sumar K. Abdulwahab had a 5.2 cm wound on the back of the ear, a skull fracture and contusion on the right cheek. After his death, the NBI issued a certification which stated that Mr. Sumar K. Abdulwahab, alias Aman Kabalu, had been wanted for murder, multiple frustrated murders and multiple attempted murders registered under the criminal case 551-2007/552-2007[1]. The certification also mentioned that Mr. Sumar K. Abdulwahab had escaped from custody on 3 June 2010, between 11:00 and 11:30 pm.

According to the same information, Mr. Sumar K. Abdulwahab’s family is intending to lodge a complaint against the NBI as it is not convinced that Mr. Sumar K. Abdulwahab escaped from custody. As of issuing this urgent appeal, there has been reportedly no investigation into the circumstances of the death of Mr. Sumar K. Abdulwahab.

The International Secretariat of OMCT is gravely concerned about the circumstances surrounding the death of Mr. Sumar K. Abdulwahab, which seem to suggest that he may have been victim of an extrajudicial killing. OMCT recalls that the authorities have to fulfil their obligations under international human rights law to protect the right to life and to bringing to justice those responsible for violating this right.

In its Conclusions and Observations[2], issued after examining the Philippines’ report in May 2009, the Committee against Torture expressed its concern “at reports that, although the total number of killings has declined significantly, such killings (…) continue” and recommended that “the State party should take effective steps to investigate promptly, effectively and impartially all allegations of involvement of members of law enforcement agencies in extrajudicial killings (…)” and “that the State party should implement the recommendations contained in the report of the Special Rapporteur on extrajudicial, summary or arbitrary executions (A/HRC/8/3/Add.2), following his visit to the Philippines in February 2007.”

OMCT is also concerned that Mr. Sumar K. Abdulwahab might have been tortured and ill-treated during his arrest and detention. In this regard, OMCT recalls that the Committee against Torture also recommended that “As a matter of urgency, the State party should take immediate steps to prevent acts of torture and ill-treatment throughout the country (…)” and “As part of this, the State party should implement effective measures promptly to ensure that all detainees are afforded, in practice, all fundamental legal safeguards from the very outset of their detention. (…)”.

Accordingly, OMCT calls on the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the killing of Mr. Sumar K. Abdulwahab in accordance with international human rights standards, such as the UN Principle on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law.

Actions Requested

Please write to the authorities in the Philippines urging them to:

1. Call upon the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the circumstances of the killing of Mr. Sumar K. Abdulwahab, in accordance with international human rights standards, inter alia, with the UN Principle on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
2. Ensure that adequate, effective and prompt reparation, including adequate compensation, is granted to the victim’s family;
3. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• His Excellency Benigno Simeon C. Aquino III, President, Malacanang Palace, JP Laurel St., San Miguel, Manila, Philippines, Fax: +632 736 1010, Email: corres@op.gov.ph /opnet@ops.gov.ph
• The Commissioner Commission on Human Rights SAAC Bldg., Commonwealth Avenue, U.P. Complex, Diliman, Quezon City, The Philippines, Fax: +63 2 929 0102, E-mail: mtm_rodulfo@yahoo.com
• Deputy Director General Jesus A. Verzosa, Chief, Philippine National Police (PNP), Camp General Rafael Crame, Quezon City, The Philippines, Fax: +63 2724 8763, E-mail: ruth_cossid@yahoo.com
• Mrs. Leila de Lima, Secretary, Department of Justice (DOJ), DOJ Bldg., Padre Faura, 1004 Manila, The Philippines, Fax: +63 2 521 1614, E-mail: raulgonzalez_doj@yahoo.com
• Mr. Emilio Gonzalez, Deputy Ombudsman, Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices, 3rd Floor, Ombudsman Bldg., Agham Road, Diliman, 1104 Quezon City, The Philippines, Fax: +63 2 926 8747
• Permanent Mission of the Philippines to the United Nations in Geneva, 47 Avenue Blanc, 1202 Geneva, Switzerland, Fax: +41 22 716 19 32, Email: mission.philippines@ties.itu.int

Please also write to the embassies of the Philippines in your respective country.

Geneva, 16 August 2010

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

[1] According to the information received, the criminal case against Mr. Sumar K. Abdulwahab would be related to a bombing incident occurred on 5 October 2007 in Kidapawan City, North Cotabato. No further information is currently available on the aforementioned accusations.

[2] CAT/C/PHL/CO/2.