Alleged torture and other ill-treatment of Mr. Mohammad Jafaar S. Maguid by members of the IBPA in Sarangani Province_Fear for his safety

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 detention and alleged torture and other ill-treatment of Mr. Mohammad Jafaar S. Maguid, 25 years old from Barangay Dalio, Sarangani Province, by members of the 73rd Infantry Battalion of Philippine Army (IBPA).

According to the information received, on 29 July 2009, Mr. Mohammad Jafaar Maguid was at his home with his family in Barangay Dalio when about 100 members of the 73rd IBPA, in full battle gear, arrived in the area. About 20 members of the army surrounded his house and requested Mr. Mohammad Jafaar Maguid to step down. When he asked one of the military, who seemed to command the raid, for the search warrant, he was arrested. The commander reportedly said that they were looking for him. Mr. Mohammad Jafaar Maguid asked to be allowed to get dressed, but instead one of the military fired next to him.

Mr. Mohammad Jafaar Maguid was then reportedly loaded into a vehicle where his was handcuffed and blindfolded, and taken to the military headquarters in barangay Kablangan, Maasim. There, he was allegedly beaten several times in his stomach while being asked about his name and identity. At around 4:00 pm, Mr. Mohammad Jafaar Maguid was transferred to the Police Mobile Group (PMG) headquarters in barangay Kawas, Alabel, Sarangani, where he was allegedly tortured and ill-treated in order to confess his alleged involvement in the killings of militaries and a bomb explosion in Maasim Población. He was reportedly electrocuted on his right foot for several times, with an interval of eight minutes, for two nights, hit with a blunt object at the back of his head once and deprived of food and water for two consecutive days.

On 1 August 2009, Mr. Mohammad Jafaar Maguid’s wife and his cousin went to PMG headquarters in order to inquire about his whereabouts but PMG reportedly denied detaining him. On 3 August 2009, Mr. Mohammad Jafaar Maguid was brought before the court and charged with murder, illegal possession of firearms and explosives. He was remanded to Provincial jail in Alabel, Sarangani Province.

The International Secretariat of OMCT is gravely concerned for the safety of Mr. Mohammad Jafaar Maguid, given the reported ill-treatment and torture which he has been subjected to, and the risk of further treatment of this type that he faces while in detention.

OMCT recalls that the Philippines is a State party to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights (ICCPR), which both prohibit torture and cruel, inhuman or degrading treatment. In line with their obligations under these treaties, it is incumbent on the competent authorities to consider seriously any allegations of torture and ill-treatment, and to undertake a prompt, effective, thorough, independent and impartial investigation in this regard. Article 11 of the Convention against Torture further stipulates that “each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture” and article 15 that “each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings (…)”.

Actions Requested

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

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Mohammad Jafaar Maguid;
2. Guarantee immediate and unconditional access to a lawyer of his choice and his family, as well as guarantee that he is examined by independent doctors and receives adequate medical care, in accordance, inter alia, with the UN Standard Minimum Rules for the Treatment of Prisoners;
3. Guarantee that no evidence obtained under torture and other forms of ill-treatment be used in court proceedings against Mr. Mohammad Jafaar Maguid as stipulated in Article 15 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
4. Order the immediate release of Mr. Mohammad Jafaar Maguid in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial, independent, competent and fair tribunal and guarantee his procedural rights at all times;
5. Call upon the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into these events, in particular the allegations of torture and other ill-treatment, 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;
6. Ensure that adequate, effective and prompt reparation, including adequate compensation, proper medical care and rehabilitation, is granted to the victim;
7. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Ms. Gloria Macapagal-Arroyo, President, Malacanang Palace, JP Laurel St., San Miguel, Manila, PHILIPPINES, Fax: +63 2 736 1010, Email: corres@op.gov.ph /opnet@ops.gov.ph
• Atty. Leila Delima, Chairperson, Commission on Human Rights, SSAC Bldg., Commonwealth Avenue UP Complex, Diliman, Quezon City, Philippines, Fax: +63 2 929 0102, Email: atty_delima@yahoo.com.ph
• Atty. Quinciano V. Bueno, Regional Director, CHR, Region 12, 9506, Pascua Bldg., Arellano St., Koronadal City, Email: chr12_korcity@yahoo.com
• Hon. Avelino Razon, 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, Fax:+63 (2) 635 9579, Email: osec@opapp.gov.ph
• 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, 20 August 2009

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