Philippines
29.10.02
Urgent Interventions
Philippines: arrest, incommunicado detention and torture of Mr. Nestor Lumbab
Case PHL 291002
Arbitrary detention / Incommunicado detention / Fair trial / Torture / Release
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 Task Force Detainees of the Philippines (TFDP), a member of the OMCT network, of the arbitrary arrest, incommunicado detention and torture of a young man by the Armed Forces in the Philippines.
According to the information received, Mr. Nestor Lumbab, aged 19, was arbitrarily arrested on August 26th and detained for almost two months at the headquarters of the 78th Infantry Battalion of the Philippine Army at Damolog, Cebu. Mr. Lumbab was a farmer from the area of Tuburan and a member of the peasant group "NAKAMATIKOD". Following his release by order of a Judge on 23 October 2002, he reported having been subjected to torture during his detention. Mr. Lumbab's captors reportedly tortured him with the aim of obtaining a confession in which he admitted his membership in the guerrilla group known as the "New People's Army".
Mr. Lumbab claims that he was bound, blindfolded, subjected to degrading treatment, including restrictions on using the toilet, and tortured with electric rods. Representatives of support groups were not permitted to visit the victim at the army camp, and were reportedly threatened by the chief commander of the Battalion, Lt. Col. Jonas Sumagaysay.
He was released on October 23rd, 2002 by Judge Sylvia Paderanga at the Regional Trial Court, Branch 25, following a Habeas Corpus petition filed by the victim's brother, Renato Lumbab. Mr Lumbab claims that he had been forced to sign an affidavit stating that he had voluntarily sought protection at the camp and that he had been treated well during his stay there.
The victim was able to identify the perpetrators of the torture as Lt. Allan Magarata, Capt. Rene Nana and a certain Lt. Austria. He is now in an undisclosed location but is reportedly planning to file a case against members of the 78th Infantry Battalion.
The International Secretariat of OMCT is gravely concerned for Mr. Lumbab’s physical and psychological integrity, given that he is in hiding and fears that he may the target of reprisals when he files a case against the perpetrators of the afore-mentioned human rights violations. Furthermore, OMCT condemns the use arbitrary arrests, incommunicado detention and torture by members of the Philippine Armed Forces. OMCT calls upon the Philippine authorities to bring the perpetrators of these acts to justice, notably by guaranteeing a fair trial when Mr. Lumbab bring his case against the alleged perpetrators, and provide the victim with adequate protection and reparation. More generally, OMCT urges the authorities to respect international human rights laws and standards in their dealings with opposition groups and civilians.
Action requested:
Please write to the authorities in Philippines urging them to:
i. guarantee Mr. Lumbab’s physical and psychological integrity;
ii. order a thorough and impartial investigation into the circumstances of Mr. Lumbab’s arrest, detention and alleged torture, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iii. guarantee adequate reparation to Mr Lumbab;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.
Addresses
· Her Excellency Gloria Macapagal-Arroyo, President, Republic of the Philippines, New Executive Bldg., Malacañang Palace Compound, J. P. Laurel St., San Miguel, Manila,, Philippines. E-mail: opnet@ops.gov.ph, kgma@yahoogroups.com; Fax: (+63) 2 929 3968
· Secretary Angelo Reyes, Department of National Defense, Camp Gen. Emelio Aguinaldo Quezon City, Philippines. E-mail: osnd@philonline.com
· Atty. Alejandro Alonso, Regional Director, Commission on Human Rights Region VII, Rosal corner Llorente St., Capitol Site, Cebu City, Philippines, Fax: (+63) 32 254 6921
If you encounter any difficulties getting through to the above addresses, please use:
· S.E. M. Samuel T. Ramel, Ambassador to the United Nations in Geneva, Mission Permanente des Philippines, Avenue Blanc 47, 1202 Genève, Switzerland, fax : +41 22 716 1932, e-mail : philippine.mission@ties.itu.int
Please also write to the embassies of Philippines in your respective country.
Geneva, October 29th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary detention / Incommunicado detention / Fair trial / Torture / Release
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 Task Force Detainees of the Philippines (TFDP), a member of the OMCT network, of the arbitrary arrest, incommunicado detention and torture of a young man by the Armed Forces in the Philippines.
According to the information received, Mr. Nestor Lumbab, aged 19, was arbitrarily arrested on August 26th and detained for almost two months at the headquarters of the 78th Infantry Battalion of the Philippine Army at Damolog, Cebu. Mr. Lumbab was a farmer from the area of Tuburan and a member of the peasant group "NAKAMATIKOD". Following his release by order of a Judge on 23 October 2002, he reported having been subjected to torture during his detention. Mr. Lumbab's captors reportedly tortured him with the aim of obtaining a confession in which he admitted his membership in the guerrilla group known as the "New People's Army".
Mr. Lumbab claims that he was bound, blindfolded, subjected to degrading treatment, including restrictions on using the toilet, and tortured with electric rods. Representatives of support groups were not permitted to visit the victim at the army camp, and were reportedly threatened by the chief commander of the Battalion, Lt. Col. Jonas Sumagaysay.
He was released on October 23rd, 2002 by Judge Sylvia Paderanga at the Regional Trial Court, Branch 25, following a Habeas Corpus petition filed by the victim's brother, Renato Lumbab. Mr Lumbab claims that he had been forced to sign an affidavit stating that he had voluntarily sought protection at the camp and that he had been treated well during his stay there.
The victim was able to identify the perpetrators of the torture as Lt. Allan Magarata, Capt. Rene Nana and a certain Lt. Austria. He is now in an undisclosed location but is reportedly planning to file a case against members of the 78th Infantry Battalion.
The International Secretariat of OMCT is gravely concerned for Mr. Lumbab’s physical and psychological integrity, given that he is in hiding and fears that he may the target of reprisals when he files a case against the perpetrators of the afore-mentioned human rights violations. Furthermore, OMCT condemns the use arbitrary arrests, incommunicado detention and torture by members of the Philippine Armed Forces. OMCT calls upon the Philippine authorities to bring the perpetrators of these acts to justice, notably by guaranteeing a fair trial when Mr. Lumbab bring his case against the alleged perpetrators, and provide the victim with adequate protection and reparation. More generally, OMCT urges the authorities to respect international human rights laws and standards in their dealings with opposition groups and civilians.
Action requested:
Please write to the authorities in Philippines urging them to:
i. guarantee Mr. Lumbab’s physical and psychological integrity;
ii. order a thorough and impartial investigation into the circumstances of Mr. Lumbab’s arrest, detention and alleged torture, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iii. guarantee adequate reparation to Mr Lumbab;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.
Addresses
· Her Excellency Gloria Macapagal-Arroyo, President, Republic of the Philippines, New Executive Bldg., Malacañang Palace Compound, J. P. Laurel St., San Miguel, Manila,, Philippines. E-mail: opnet@ops.gov.ph, kgma@yahoogroups.com; Fax: (+63) 2 929 3968
· Secretary Angelo Reyes, Department of National Defense, Camp Gen. Emelio Aguinaldo Quezon City, Philippines. E-mail: osnd@philonline.com
· Atty. Alejandro Alonso, Regional Director, Commission on Human Rights Region VII, Rosal corner Llorente St., Capitol Site, Cebu City, Philippines, Fax: (+63) 32 254 6921
If you encounter any difficulties getting through to the above addresses, please use:
· S.E. M. Samuel T. Ramel, Ambassador to the United Nations in Geneva, Mission Permanente des Philippines, Avenue Blanc 47, 1202 Genève, Switzerland, fax : +41 22 716 1932, e-mail : philippine.mission@ties.itu.int
Please also write to the embassies of Philippines in your respective country.
Geneva, October 29th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.