Philippines
17.08.04
Urgent Interventions
Philippines: aribrary arrest, torture and killing of civilians
Case PHL 170804
Arbitrary arrest/ torture / killing
The International Secretariat of 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 Asian Human Rights Commission (AHRC), a member of the OMCT network, of the arrest of seven people, two of which were allegedly subjected to acts of torture, and the killing of another person.
According to the information received, Mr. Senen Gambong (50), Mr. Eduardo Nuñez (38), Mr. Edcel Gumobao, a certain Elmer, as well as three other unidentified men were arrested on suspicion of being members of the New People’s Army (NPA), one of the largest rebel movements in the Philippines. These arrests of civilians took place just after elements of the 30th Special Forces (SF) led by Lieutenant Paolo Baylon fired at them during a military operation on 8 June 2004 at 9:30 am in Sitio Lumbia, Barangay Batawan, Baganga Davao Oriental. According to Jocelyn Obatonon, a council member of Batawan, a man identified as Mr. Inting Bantayan, a resident of Sitio Lumbia, Barangay Batawan, was killed during these events.
According to AHRC, the individuals were on their way to work at a farm when they came across the soldiers who were conducting a patrol in the area. After their arrest, the men were taken to the 30th Special Forces headquarters at 3:00pm and were detained until the early hours of 10 June 2004. Mr. Gumobao, Elmer, and the three unidentified men were released that day after questioning, while Mr. Gambong and Mr. Nuñez remained in detention.
On 9 June, the day following the arrest, the wife of Mr. Gambong, Mrs. Gildna Gambong and other relatives came to the military headquarters in order to visit the detainees but their request was denied.
According to Mrs. Gambong, her husband and Mr. Nuñez were both tortured during their transfer to the Special Forces headquarters and during their detention. They were reportedly forced into admitting that they were members of the New People’s Army.
The soldiers allegedly slapped, kicked and punched Mr. Gambong in the face as well as kicked his right thigh. Mrs. Gambong was unable to assert clearly what treatment Mr. Nuñez was subjected to. However, his state after his release suggests he was equally severely beaten. He bore marks of beating to his stomach, could hardly urinate and found it difficult to walk.
On 10 June, around 1:30 am, the two detainees were transferred to the Baganga Police Station. Mr. Nuñez, a suspect in the killing of a certain policeman Aquino on 22 April 1996, was allegedly ill-treated by the latter's son, Mr. Eric Aquino. Around 3:30pm, Mr. Gambong and Mr. Nuñez were released without charges upon the orders of Mr. Rolando Acedo, the local prosecutor.
According to Mr. Carmito Manligoy, officer in charge of the Baganga Municipal Police station, charges were filed in court against Mr. Nuñez in relation to the killing of officer Aquino.
The International Secretariat of OMCT is gravely concerned by the killing of Mr. Inting Bantayan and the acts of torture to which Mr. Senen Gambong and Mr. Eduardo Nuñez were subjected. OMCT recalls that these events are in clear infringement of articles 7 and 9 (1), (5) of the International Covenant on Civil and Political Rights, to which the Philippines is a state party, which state that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [and that] no one shall be subjected to arbitrary arrest or detention” and which require that “anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.” OMCT calls upon the authorities of the Philippines to initiate an impartial investigation into this case of killing, ill-treatment and torture by the military and police forces in order to find those responsible for these violations of human rights and to bring them to justice.
Action requested
Please write to the authorities in the Philippines urging them to:
i. Guarantee the physical and psychological integrity of Mr. Gambong and Mr. Nuñez;
ii. Order a thorough and impartial investigation into the circumstances of these events, namely the death of Mr. Bantayan, and the allegations of torture, in order to bring those responsible to trial and apply the penal and/or administrative sanctions as provided by law;
iii. Provide an adequate compensation to the victims;
iv. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Please also write to the embassies of the Philippines in your respective country.
Geneva, 17 August, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrest/ torture / killing
The International Secretariat of 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 Asian Human Rights Commission (AHRC), a member of the OMCT network, of the arrest of seven people, two of which were allegedly subjected to acts of torture, and the killing of another person.
According to the information received, Mr. Senen Gambong (50), Mr. Eduardo Nuñez (38), Mr. Edcel Gumobao, a certain Elmer, as well as three other unidentified men were arrested on suspicion of being members of the New People’s Army (NPA), one of the largest rebel movements in the Philippines. These arrests of civilians took place just after elements of the 30th Special Forces (SF) led by Lieutenant Paolo Baylon fired at them during a military operation on 8 June 2004 at 9:30 am in Sitio Lumbia, Barangay Batawan, Baganga Davao Oriental. According to Jocelyn Obatonon, a council member of Batawan, a man identified as Mr. Inting Bantayan, a resident of Sitio Lumbia, Barangay Batawan, was killed during these events.
According to AHRC, the individuals were on their way to work at a farm when they came across the soldiers who were conducting a patrol in the area. After their arrest, the men were taken to the 30th Special Forces headquarters at 3:00pm and were detained until the early hours of 10 June 2004. Mr. Gumobao, Elmer, and the three unidentified men were released that day after questioning, while Mr. Gambong and Mr. Nuñez remained in detention.
On 9 June, the day following the arrest, the wife of Mr. Gambong, Mrs. Gildna Gambong and other relatives came to the military headquarters in order to visit the detainees but their request was denied.
According to Mrs. Gambong, her husband and Mr. Nuñez were both tortured during their transfer to the Special Forces headquarters and during their detention. They were reportedly forced into admitting that they were members of the New People’s Army.
The soldiers allegedly slapped, kicked and punched Mr. Gambong in the face as well as kicked his right thigh. Mrs. Gambong was unable to assert clearly what treatment Mr. Nuñez was subjected to. However, his state after his release suggests he was equally severely beaten. He bore marks of beating to his stomach, could hardly urinate and found it difficult to walk.
On 10 June, around 1:30 am, the two detainees were transferred to the Baganga Police Station. Mr. Nuñez, a suspect in the killing of a certain policeman Aquino on 22 April 1996, was allegedly ill-treated by the latter's son, Mr. Eric Aquino. Around 3:30pm, Mr. Gambong and Mr. Nuñez were released without charges upon the orders of Mr. Rolando Acedo, the local prosecutor.
According to Mr. Carmito Manligoy, officer in charge of the Baganga Municipal Police station, charges were filed in court against Mr. Nuñez in relation to the killing of officer Aquino.
The International Secretariat of OMCT is gravely concerned by the killing of Mr. Inting Bantayan and the acts of torture to which Mr. Senen Gambong and Mr. Eduardo Nuñez were subjected. OMCT recalls that these events are in clear infringement of articles 7 and 9 (1), (5) of the International Covenant on Civil and Political Rights, to which the Philippines is a state party, which state that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment [and that] no one shall be subjected to arbitrary arrest or detention” and which require that “anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.” OMCT calls upon the authorities of the Philippines to initiate an impartial investigation into this case of killing, ill-treatment and torture by the military and police forces in order to find those responsible for these violations of human rights and to bring them to justice.
Action requested
Please write to the authorities in the Philippines urging them to:
i. Guarantee the physical and psychological integrity of Mr. Gambong and Mr. Nuñez;
ii. Order a thorough and impartial investigation into the circumstances of these events, namely the death of Mr. Bantayan, and the allegations of torture, in order to bring those responsible to trial and apply the penal and/or administrative sanctions as provided by law;
iii. Provide an adequate compensation to the victims;
iv. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
- Her Excellency, President Gloria Macapagal Arroyo, Commander-in-Chief of the Armed Forces of the Philippines, New Executive Guilding, Malacanang Palace, J.P. Laurel Street, San Miguel, Metro Manila, Email: opnet@ops.gov.ph; kgma@yahoogroups.com
- Hon. Chairperson, Dr. Purificacion Quisumbing, The Commission on Human Rights, SAAC Building, Commonwealth Avenue, U.P. Complex, Diliman, Quezon City; Fax: +632 929-0102, Email: drpvq@chr.gov.ph
- Hon. Sec. Eduardo Ermita, Department of National Defense, Camp Aguinaldo, EDSA, 1110 Quezon City, Email: snd@dnd.gov.ph; sndermita@dnd.gov.ph
- Hon. Sec. Simeon Datumanong, Department of Justice, P. Faura, Ermita, Manila; Fax: +632521-1614, Email: sechbp@info.com.ph
- Hon. Sec. Teresita Deles, Office of the Presidential Advisers on the Peace Process, 7F Agustin Building, Emerald Avenue, Pasig City, Metro Manila, Fax: 632 638 2216
- The Secretariat, GRP-Monitoring Committee, 6/F Immaculate Conception Multi-Purpose Building, 71 Lantana St., Cubao, Quezon City, Email: grp_mc@myway.com
- Ambassadeur, S.E. M. Enrique A. Manalo, Av. Blanc 47, CH-1202, Genève, Suisse, E-mail : mission.philippine@ties.itu.int, Fax: +4122 716 19 32
Please also write to the embassies of the Philippines in your respective country.
Geneva, 17 August, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.