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

Brief description ofthe situation

The International Secretariat of OMCT has beeninformed by the Alliance for theAdvancement of People’s Rights (KARAPATAN), a member of OMCT SOS-Torture Network, about thealleged torture and ill-treatment to extract a confession of Mr. MalikDaggung Abdurahman, 27-years old, Moro belonging to the Sama tribe, nativeof Zamboanga city and resident of Manila city.

According to the information received, on 8 May2011, at around 11:00 a.m., Mr. Malik Daggung Abdurahman was at theRobinson's Place Mall in Ermita, in Manila city, on his day off, when he received a text messageon his mobile phone from an unknown person asking to meet him. The textingperson reportedly asked for Mr. Malik Daggung Abdurahman's whereabouts and hetold him/her his location. At around 11:45 a.m., four men in plain clothes reportedlyapproached Mr. Malik Daggung Abdurhaman, handcuffed him without giving any reason or presenting an arrest warrant and covered his eyes witha towel. He was then taken to a house in an unknown location where he wasinterrogated. He was reportedly asked if his name was "Sahirun". Mr.Malik Daggung Abdurahman answered in the negative and informed them that hisname was Malik Daggung Abdurahman.

According to the same information, the same day, ataround 6:00 p.m.,Mr. Malik Daggung Abdurahman was transferred to the National Capital RegionPolice Office - Regional Police Intelligence Operation Unit (NCRPO-RPIOU)detention centre in Bicutan, Taguig city, where he was asked once again if hisname was "Sahirun". He was taken a picture tagged with the name"Sahirun", although he reportedly repeated that he was not thatperson. After the picture was taken, he was allegedly blindfolded, beaten andtortured, including by pouring water in his nose, which caused him breathingdifficulties. The officers also threw stones at his head. The interrogationreportedly lasted until around 4:00 a.m. on the 9 May 2011. Mr. Malik Daggung Abdurahman's two cellphones, silver necklace, wallet containing his company ID, driver license, cashof Php 1000 and wrist watch were also seized.

Mr. Malik Daggung Abdurahman’s older brotherreportedly found his brother at the NCRPO-RPIOU in Beicutan, Taguig city, on 12 May2011, three daysafter the family was informed about his arrest by a neighbour. At theNCRPO-RPIOU, Mr. Malik Daggung Abdurahman was only allowed limited visits byhis family and lawyer. On 16 May 2011, he was examined by the Commission ofHuman Rights (CHR) Forensic Centre which recommended that further investigationbe undertaken on the alleged torture. On 20 May 2011, he was transferred to the BasilanProvincial Jail, in Basilan Island, where he is currently detained withaccess to his family and lawyer.

Mr. Malik Daggung Abdurahman was reportedly arrestedon the basis of on an arrest warrant (which was only later provided to Mr.Malik Daggung Abdurahman’s legal counsel and his relatives upon their request)for a person named “Kirih Hamid Sahirun” (a.k.a. Asdatul Sahirun and Abu Nawas),accused of being a member of the Moro Islamic Liberation Front (MILF)responsible for the attack against the Philippine Marines in Basilan, on 10July 2007, which lead to the death of around 14 individuals.

The International Secretariat of OMCT is gravelyconcerned about the circumstances surrounding the arrest, detention and allegedtorture and ill-treatment of Mr. Malik Daggung Abdurahman to force him to admitthe identity of someone accused of having committed a crime. OMCT callson the competent authorities to guarantee, in all circumstances, hisphysical and psychological integrity. OMCT recalls that the authorities have tofulfil their obligations under international human rights law to protect theright not to be subjected to torture or other cruel, inhuman or degradingtreatment or punishment and to bringing to justice those responsible forviolating this right.

OMCT urges thecompetent authorities to carry out a prompt, effective, thorough,independent and impartial investigation into the circumstancessurrounding the arrest and the allegations oftorture and ill-treatment of Mr. Malik Daggung Abdurahman, in accordance with international human rightsstandards, such as the UN Convention Against Torture and Other Cruel, Inhumanor Degrading Treatment or Punishment, the result of which must be made public,in order to bring those responsible before a competent, independent andimpartial tribunal and apply penal, civil and/or administrative sanctions asprovided by law.

Actions Requested

Please write to theauthorities in the Philippines urging them to:

i. Guarantee,in all circumstances, the physical and psychological integrity of Mr. MalikDaggung Abdurahman;

ii. Guarantee Mr. Malik Daggung Abdurahman full access to his lawyer, his family as well as guarantee that heis examined by independent doctors and receives adequate medical care, inaccordance, inter alia, with therecommendations of the UN Standard Minimum Rules for the Treatment of Prisoners;

iii. Order his immediate release in the absence of validlegal charges that are consistent with international law and standards, or, ifsuch charges exist, bring him before an impartial, independent, competent and fair tribunal andguarantee his procedural rights at all times;

iv. Carry out aprompt, effective, thorough, independent and impartial investigation into the circumstances of the detention andalleged torture and ill-treatment of Mr. Malik Daggung Abdurahman, inaccordance with international human rights standards, inter alia, the UNConvention Against Torture and Other Cruel, Inhuman or Degrading Treatment orPunishment, theresult of which must be made public, in orderto bring those responsible before acompetent, independent and impartial tribunal and apply penal, civil and/oradministrative sanctions as provided by law;

v. Guarantee that no evidence obtained under tortureand other forms of ill-treatment, or threats thereof, be used in courtproceedings against Mr.Malik Daggung Abdurahman as stipulated in Article 15 of the UN ConventionAgainst Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

vi. Ensure that adequate, effective and promptreparation, including adequate compensation and rehabilitation, is granted to Mr. Malik Daggung Abdurahman;

vii. Guaranteethe respect of human rights and the fundamental freedoms throughout the countryin accordance with national laws and international human rights standards.

Addresses

Ø H.E. Benigno S. Aquino III, President of the Republic of the Philippines,Malacaang Palace, JP Laurel St., San Miguel, Manila, Philippines, Fax: (+632) 742-1641 / 929-3968, E-mail: corres@op.gov.ph / opnet@ops.gov.ph

Ø Sec. Teresita Quintos-Deles, Presidential Adviser on thePeace Process, Office of the PresidentialAdviser on the Peace Process (OPAPP), 7thFloor Agustin Building I, Emerald Avenue,Pasig City 1605, Fax:+63 (2) 638 2216, E-Mail Address: osec@opapp.gov.ph

Ø Ret. Lt. Gen. Voltaire T. Gazmin, Secretary,Department of National Defense, Room 301 DNDBuilding, Camp Emilio Aguinaldo, E. de losSantos Avenue, Quezon City, Fax:+63(2) 911 6213, Email:osnd@philonline.com

Ø Atty. Leila M. De Lima, Secretary, Department ofJustice, Padre Faura St., Manila, Direct Line 521-8344; 5213721, Trunkline 523-84-81 loc.214, Fax: (+632) 521-1614, Email: doj.delima@gmail.com

Ø Hon. Loretta Ann P. Rosales, Chairperson, Commission on Human Rights, SAACBldg., UP Complex, Commonwealth Avenue, Diliman,Quezon City, Philippines, Fax: (+632) 929 0102, Email:chair.rosales.chr@gmail.com

Ø Permanent Missionof the Philippines to the United Nations in Geneva, 47 Avenue Blanc, 1202Geneva, Switzerland, Fax: +41 22 716 1932, Email: mission.philippines@ties.itu.int

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

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Geneva, 17 June 2011

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