Philippines
06.09.02
Urgent Interventions
Philippines: continuing detention of Jejhon Macalinsal, Abubakar Amilhasan and Alsor Ginta
Case PHL 060902
Arbitrary arrests and detention / Ill-treatment
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) and the Asian Human Rights Commission, both members of the OMCT network, that 19-year old Jejhon Macalinsal, 40-year old Abubakar Amilhasan and 31-year old Alsor Ginta, who were arrested on April 24th 2002, are still being detained in conditions that constitute ill-treatment. A hearing in court concerning their case has been scheduled for October 4th 2002.
According to the information received, between 10 and 11 o’clock on April 23rd 2002, Jejhon Macalinsal, a staff member working in the lobby at the Pasasambao Clinic, was attacked two armed men who’s faces were covered with ski masks. The two men ordered Macalinsal to call a certain phone number from the clinic’s telephone. The two men then forced Macalinsal to tell the person on the other end of the line that there was a bomb in the clinic. The armed men then left the clinic, after having threatened Macalinsal that if he told anyone about the incident they would kill him. Macalinsal did not dare tell anyone else in the clinic about the armed men or the telephone call.
According to the information received, the next day, at about 3a.m. on April 24th 2002, Macalinsal received a telephone call at the clinic. The caller accused the him of being part the Fitmart bombers, a group who had launched a bomb attack in front of Fitmart, a shopping centre in General Santos City on April 21st 2002, killing 15 and injuring 57 people. On April 22nd 2002 President Arroyo personally came to commemorate the atrocities and made it clear to the military and police authorities that she wanted the perpetrators apprehended at all costs.
A few minutes after Macalinsal had received the phone call, the military and police reportedly raided the Pasasambao Clinic. Everyone inside the building was ordered to leave the clinic and were guarded by armed men. The armed men then proceeded to enter the building and ransacked the clinic, they later informed the media about their findings, which allegedly included “subversive” documents, explosive materials, a gun and ammunition, fragmentation grenades and mortars.
The police reportedly arrested three staff members from Pasasmbao Clinic: Abubakar Amilhasa, Alsor Ginta, who are both Bayan Muna Coordinators and Jejhon Macalinsal, and brought them to Camp Fermin Lira. Haron Salah, a fulltime student at the Marawi State University, who resides at the clinic was also reportedly arrested, as the telephone in the Pasasambao Clinic was under his name, however this remains to be confirmed.
At Camp Fermin Lira, Macalinsal was reportedly interrogated and subjected to ill-treatment and abuse. As he did not give in to threats by the interrogators, who were trying to get him to falsely accuse Amilhasan and Ginta as being responsible for the Fitmart bombings, he was blindfolded and punched in the stomach, which reportedly later caused him to cough up blood.
On April 26th 2002, Macalinsal, Amilhasan and Ginta were transferred to Police Precint in General Santos City, where they were detained in appalling conditions. The Precint’s detention cells are extremely dirty and the detainees are kept from going outside, as a consequence of which detainees here have reportedly developed skin and respiratory diseases. The detainees have been imprisoned for more than two months, without money for meals. The detainees are obliged to rely on friends and relatives to supply them with meals and ensure their subsistence.
It is thought that the authorities are attempting to delay bringing the detainees before a Judge, as the charges that have been filed against them - illegal possession of fire arms and explosives – are reportedly based on fabrication and planting of evidence, which the testimonies of the victims, relatives, and their neighbours would likely expose. Indeed, a few minutes before the military/police raid, Amilhasan reportedly saw that three persons were carrying sacks, which he believes were full of firearms and explosives, which were placed at the back of the clinic just before the police raided the building.
On July 24th 2002 the three detainees were transferred to a regular detention centre, and will are now scheduled to be brought before a judge on October 4th 2002.
The International Secretariat of OMCT condemns these arrests and the subsequent ill treatment to which the afore-mentioned persons have reportedly been subjected. OMCT also condemns the fact due process has not been respected and that these persons have been detained in very poor conditions for several months without having been brought before a judge. OMCT is also gravely concerned by allegations which suggest that the authorities are arresting innocent persons through the use of planted evidence, as a result of pressure to find culprits for the bombing, in complete disregard for their rights or any semblance of justice.
Action requested
Please write to the authorities in the Philippines urging them to:
i. order that these persons be released immediately in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
ii. order a thorough and impartial investigation into the circumstances of these events 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 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 of the Republic of the Philippines, Malacañang, Manila, Philippines, Fax no. +632 929-3968, 736 1010, 832 3793 Email: opnet@ops.gov.ph, pgma@compass.com.ph
· Hon. Hernando Perez, Secretary of Justice, Department of Justice, Padre Faura, Manila, Fax: +632 521 1614, sechbp@info.com.ph
· Hon. Hernando Perez, Secretary, Department of Justice, DOJ Building, Padre Faura, Ermita, Manila 1004, Fax: +632 521 1614
· Hon. Jose C. De Venecia, Jr., Speaker of the House of Representatives, Batasan Complex, Constitution Hills,Quezon City NCR, Fax:(2) 931 5556
· Franklin M. Drilon, Senate President, Rm 606, 6th Floor, Senate of the Philippines, Roxas Blvd., Pasay City Philippines, Fax:(2) 552 6876, Email: fmd@sendrilon.org.ph
· Ms. Valera Quisumbing, Commission on Human Rights, SAAC Bldg. Commonwealth Ave., UP Complex, Diliman, Quezon City, Email to apnr@chr.gov.ph
· Sen. Francis N. Pangilinan, Committee on Justice and Human Rights-Senate, Rm. 526, GSIS Bldg., Roxas Blvd., Pasay City, kiko@fplaw.com.ph
Please also write to the embassies of the Philippines your respective country.
Geneva, September 6th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrests and detention / Ill-treatment
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) and the Asian Human Rights Commission, both members of the OMCT network, that 19-year old Jejhon Macalinsal, 40-year old Abubakar Amilhasan and 31-year old Alsor Ginta, who were arrested on April 24th 2002, are still being detained in conditions that constitute ill-treatment. A hearing in court concerning their case has been scheduled for October 4th 2002.
According to the information received, between 10 and 11 o’clock on April 23rd 2002, Jejhon Macalinsal, a staff member working in the lobby at the Pasasambao Clinic, was attacked two armed men who’s faces were covered with ski masks. The two men ordered Macalinsal to call a certain phone number from the clinic’s telephone. The two men then forced Macalinsal to tell the person on the other end of the line that there was a bomb in the clinic. The armed men then left the clinic, after having threatened Macalinsal that if he told anyone about the incident they would kill him. Macalinsal did not dare tell anyone else in the clinic about the armed men or the telephone call.
According to the information received, the next day, at about 3a.m. on April 24th 2002, Macalinsal received a telephone call at the clinic. The caller accused the him of being part the Fitmart bombers, a group who had launched a bomb attack in front of Fitmart, a shopping centre in General Santos City on April 21st 2002, killing 15 and injuring 57 people. On April 22nd 2002 President Arroyo personally came to commemorate the atrocities and made it clear to the military and police authorities that she wanted the perpetrators apprehended at all costs.
A few minutes after Macalinsal had received the phone call, the military and police reportedly raided the Pasasambao Clinic. Everyone inside the building was ordered to leave the clinic and were guarded by armed men. The armed men then proceeded to enter the building and ransacked the clinic, they later informed the media about their findings, which allegedly included “subversive” documents, explosive materials, a gun and ammunition, fragmentation grenades and mortars.
The police reportedly arrested three staff members from Pasasmbao Clinic: Abubakar Amilhasa, Alsor Ginta, who are both Bayan Muna Coordinators and Jejhon Macalinsal, and brought them to Camp Fermin Lira. Haron Salah, a fulltime student at the Marawi State University, who resides at the clinic was also reportedly arrested, as the telephone in the Pasasambao Clinic was under his name, however this remains to be confirmed.
At Camp Fermin Lira, Macalinsal was reportedly interrogated and subjected to ill-treatment and abuse. As he did not give in to threats by the interrogators, who were trying to get him to falsely accuse Amilhasan and Ginta as being responsible for the Fitmart bombings, he was blindfolded and punched in the stomach, which reportedly later caused him to cough up blood.
On April 26th 2002, Macalinsal, Amilhasan and Ginta were transferred to Police Precint in General Santos City, where they were detained in appalling conditions. The Precint’s detention cells are extremely dirty and the detainees are kept from going outside, as a consequence of which detainees here have reportedly developed skin and respiratory diseases. The detainees have been imprisoned for more than two months, without money for meals. The detainees are obliged to rely on friends and relatives to supply them with meals and ensure their subsistence.
It is thought that the authorities are attempting to delay bringing the detainees before a Judge, as the charges that have been filed against them - illegal possession of fire arms and explosives – are reportedly based on fabrication and planting of evidence, which the testimonies of the victims, relatives, and their neighbours would likely expose. Indeed, a few minutes before the military/police raid, Amilhasan reportedly saw that three persons were carrying sacks, which he believes were full of firearms and explosives, which were placed at the back of the clinic just before the police raided the building.
On July 24th 2002 the three detainees were transferred to a regular detention centre, and will are now scheduled to be brought before a judge on October 4th 2002.
The International Secretariat of OMCT condemns these arrests and the subsequent ill treatment to which the afore-mentioned persons have reportedly been subjected. OMCT also condemns the fact due process has not been respected and that these persons have been detained in very poor conditions for several months without having been brought before a judge. OMCT is also gravely concerned by allegations which suggest that the authorities are arresting innocent persons through the use of planted evidence, as a result of pressure to find culprits for the bombing, in complete disregard for their rights or any semblance of justice.
Action requested
Please write to the authorities in the Philippines urging them to:
i. order that these persons be released immediately in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
ii. order a thorough and impartial investigation into the circumstances of these events 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 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 of the Republic of the Philippines, Malacañang, Manila, Philippines, Fax no. +632 929-3968, 736 1010, 832 3793 Email: opnet@ops.gov.ph, pgma@compass.com.ph
· Hon. Hernando Perez, Secretary of Justice, Department of Justice, Padre Faura, Manila, Fax: +632 521 1614, sechbp@info.com.ph
· Hon. Hernando Perez, Secretary, Department of Justice, DOJ Building, Padre Faura, Ermita, Manila 1004, Fax: +632 521 1614
· Hon. Jose C. De Venecia, Jr., Speaker of the House of Representatives, Batasan Complex, Constitution Hills,Quezon City NCR, Fax:(2) 931 5556
· Franklin M. Drilon, Senate President, Rm 606, 6th Floor, Senate of the Philippines, Roxas Blvd., Pasay City Philippines, Fax:(2) 552 6876, Email: fmd@sendrilon.org.ph
· Ms. Valera Quisumbing, Commission on Human Rights, SAAC Bldg. Commonwealth Ave., UP Complex, Diliman, Quezon City, Email to apnr@chr.gov.ph
· Sen. Francis N. Pangilinan, Committee on Justice and Human Rights-Senate, Rm. 526, GSIS Bldg., Roxas Blvd., Pasay City, kiko@fplaw.com.ph
Please also write to the embassies of the Philippines your respective country.
Geneva, September 6th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.