Forced disappearance of Mr. Randy Felix P. Malayao

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 Alliance for the Advancement of Peoples’ Rights (KARAPATAN), a member of OMCT SOS-Torture network, about the forced disappearance of 39 years old Mr. Randy Felix P. Malayao, resident of Minanga Norte, San Pablo Isabela and peace consultant for the National Democratic Front of the Philippines in Cagayan Valley in Northern Philippines, since 15 May 2008.

According to the information received, on 15 May 2008, at around 8am, Mr. Randy Felix P. Malayao was having dinner with his friends at a restaurant in Ortigas when they noticed three men, who were allegedly suspiciously looking at them (all three men were reportedly with crew cuts and communication equipments). One of the men reportedly said “positive sir”, while still looking at them.

Later on, at around 9pm, Mr. Randy Felix P. Malayao reportedly boarded a taxi to visit his relatives in Pasig. He reportedly sent a text message to his friends informing that he was somewhere in Rosario, Pasig, stuck in traffic, on his way to his relatives’ house. At 9:17pm another message followed in which he allegedly stated that he was being followed. Mr. Malayao has since then disappeared. His relatives tried several times to call him but to no avail.

According to the same information, several weeks ago, officers of the 5th Infantry Division of the Philippine Army allegedly bragged over local radio station Bombo Radyo in Cauayan City in Isabela that it was only a matter of time when Malayao would fall into their hands. Mr. Malayao was reportedly listed in 2003 as a co-accused in the killing of martial law henchman Cagayan Congressman Rodolfo Aguinaldo. Mr. Malayao has reportedly denied his involvement.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Randy Felix P. Malayao, as his whereabouts remain unknown, giving rise to fears that he may be subjected to ill-treatment, torture or potentially extra-judicial execution. OMCT calls on the authorities to immediately locate his whereabouts and guarantee his personal integrity at all times.

Action requested

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

1. Immediately locate Mr. Randy Felix P. Malayao’s whereabouts;
2. Take all measures necessary to guarantee his physical and psychological integrity;
3. Order his immediate release 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 and competent tribunal and guarantee his procedural rights at all times;
4. Order a thorough and impartial investigation into these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
5. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• H.E. Gloria Macapagal-Arroyo, President of the Republic, Malacanang Palace, JP Laurel St., San Miguel, Manila Philippines, Voice: (+632) 564 1451 to 80, Fax: (+632) 742-1641 / 929-3968, Cell#: (+ 63) 919 898 4622 / (+63) 917 839 8462, E-mail: corres@op.gov.ph / opnet@ops.gov.ph
• Jesus D. Dureza Presidential Adviser on the Peace Process Office of the Peace Process, 7th Floor Agustin Building I, Emerald Avenue, Pasig City 1605 Voice:+63 (2) 636 0701 to 066, Fax:+63 (2) 635 9579 osec@opapp.gov.ph
• Gilberto C. Teodoro Jr., Department of National Defense, Room 301 DND, Building, Camp Emilio Aguinaldo, E. de los Santos Avenue, Quezon City, Voice:+63(2) 911-9281 / 911-0488, Fax:+63(2) 911 6213 osnd@philonline.com
• Hon. Raul M. Gonzalez, Secretary, Department of Justice, Padre Faura St., Manila, Direct Line 521-8344; 5213721, Trunkline 523-84-81 loc.214, Fax: (+632) 521-1614, Email sad@doj.gov.ph
• Hon. Leila De Lima, Chairperson, Commission on Human Rights, SAAC Bldg., UP Complex, Commonwealth Avenue, Diliman, Quezon City, Philippines, Fax: (+632) 929 0102, Email: drpvq@chr.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
• Embassy of the Philippines in Brussels, 297 Avenue Moliere, 1050 Brussels, Belgium, Tel: +32 2 340 33 77 / 2 340 33 78, Fax: +32 2 345 64 25.

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

Geneva, 19 May 2008

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