Fear for the safety of Mr. Nasrodin Guiamalon who has disappeared

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, of the enforced disappearance of Mr. Nasrodin Guiamalon (aka Dad Sandag Guiamalon), 37 years old, as well as of the torture and ill-treatment of Mr. Tong Baman, 39 years old, and Mr. Abdulnur Mangkiang, 26 years old, all three fishermen residing in barangay Nabalawag, Midsayap, in Cotabato, by alleged members of the 40th Infantry Battalion of the Philippines Army (IBPA).

According to the information received, on 18 May 2009 at 4:00 am, members of the 40th IBPA conducted their routine military operation within the above mentioned area. About three individuals wearing plain clothes and others wearing military uniform went to Mr. Tong Baman’s house and asked for him. When his wife answered that he was still sleeping, the three individuals in plain clothes entered the house. After Mr. Tong Baman confirmed his identity, the individuals reportedly asked him to join their military companions at the backyard. As Mr. Tong Baman was hesitant, the individuals reportedly told him that it was just to ask him questions. However, once outside, Mr. Tong Baman was handcuffed with nylon rope.

Meanwhile, Ms. Nasrodin Guiamalon’s wife was getting water near their house when she met four individuals speaking Maguindanao. She was reportedly asked about the whereabouts of her husband, because they wanted to speak to him. At the house, they were reportedly having coffee when suddenly a group of soldiers in uniform entered the house and arrested Mr. Nasrodin Guiamalon and Mr. Abdulnur Mangkiang, who was there too.

According to the same information, Mr. Tong Baman, Mr. Nasrodin Guiamalon, and Mr. Abdulnur Mangkiang walked about one kilometer, before being loaded in a L-300 van color sky blue and brought to the military detachment. Mr. Tong Baman and Mr. Abdulnur Mangkiang were then reportedly placed in a separate nipa hut, both blindfolded and interrogated. Mr. Nasrodin Guiamalon was reportedly loaded in a van and has remained disappeared since then.

Mr. Tong Baman and Mr. Abdulnur Mangkiang were reportedly interrogated about their alleged involvement with the Moro Islamic Liberation Front (MILF), which both denied. Mr. Tong Baman was then allegedly boxed several times and hit in his face and chest. Both feet were hit with armalite butt once and a chili was place in his penis. Mr. Abdulnur Mangkiang was boxed three times hitting his abdomen.

According to the same information, on the same day, both Mr. Tong Baman and Mr. Abdulnur Mangkiang were released and later hospitalized. While it was reported that Mr. Nasrodin Guiamalon was transferred from the 40th IBPA to Datu Piang Municipal Police Station, when relatives of Mr. Guiamalon requested to see him, they were told that he was not longer in the Datu Pian Municipal Police Station custody.

The International Secretariat of OMCT is gravely concerned for the safety of Mr. Nasrodin Guiamalon, as his whereabouts remain unknown, raising fears that he may be subjected to torture, other ill-treatment and/or extra-judicial killing. OMCT is also preoccupied for the safety of Mr. Tong Baman and Mr. Abdulnur Mangkiang who have been subjected to torture and other ill-treatment during their custody.

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 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. Immediately locate the whereabouts of Mr. Nasrodin Guiamalon;
2. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Nasrodin Guiamalon, Mr. Tong Baman and Mr. Abdulnur Mangkiang;
3. Order the immediate release of Mr. Nasrodin Guiamalon 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;
4. Call upon the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into these events, 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;
5. Ensure that adequate, effective and prompt reparation, including adequate compensation, proper medical care and rehabilitation, is granted to the victims;
6. 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, Tel: +63 2 735 6201 / 564 1451 to 80, 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, Tel: +63 2 9285655/9266188, Fax: +63 2 929 0102, Email: atty_delima@yahoo.com.ph
• Atty. Quinciano V. Bueno, Regional Director, CHR, Region 12,Pascua Bldg., Arellano St., Koronadal City, Tel: +63 83 5538887
• General Eduardo Versoza, PNP Chief, Camp Crame, Edsa, Quezon City, Fax: +632 7248763
• Hon. Jesus Dureza, 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) 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, 12 June 2009

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