Philippines: Enforced disappearance of a minor boy and torture and other forms of ill-treatment of a fisherman in Maguindanao Province by alleged members of the Philippine Army

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, about the enforced disappearance of Mr. Chickie Mantukay, 16 years old, since 18 April 2009, and the torture and other forms of ill-treatment of Mr. Musa Delmo Pasage, a 20-year-old fisherman, both resident of Barangay Liyab, Mamasapano, in Maguindanao Province, by alleged members of the 64th Infantry Battalion of the Philippine Army (IBPA).

According to the information received, on 18 April 2009, at about 3:00pm, Mr. Chickie Mantukay and Mr. Musa Delmo Pasage were heading to the boundary of Barangay Liyab and Barangay Libutan, Mamasapano, in order to get Mr. Delmo Passage’s cow, when they encountered a group of soldiers headed by Lt. Harris Malang of the 64th IBPA. Both were reportedly immediately arrested without being provided with any reasons.

While Mr. Musa Delmo Passage reportedly later managed to escape, the whereabouts of Mr. Chickie Mantukay have since then remained unknown.

According to the same information, Mr. Musa Delmo Pasage, whose head was wrapped in cellophane, was severely beaten all over his body and his penis struck three times with a tire wire, during the detention. The soldiers reportedly told both of them that they would be beheaded.

The International Secretariat of OMCT is gravely concerned for the safety of Mr. Chickie Mantukay, as his whereabouts remain unknown, raising fears that he may be subjected to torture, other ill-treatment and/or extra-judicial killing. OMCT recalls that Mr. Chickie Mantukay is 16 years old and is legally a child both under international and national law and should be treated accordingly.

OMCT is also preoccupied for the safety of Mr. Musa Delmo Pasage who has been subjected to torture and other ill-treatment during his detention.

OMCT urges the Philippines authorities to guarantee the physical and psychological integrity of Mr. Chickie Mantukay and Mr. Musa Delmo Pasage at all times in accordance with international human rights law, in particular the provisions of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child, and to take all necessary measures to immediately locate the whereabouts of Mr. Chickie Mantukay.

OMCT recalls that in line with their obligations under these treaties, it is incumbent on the relevant Philippines 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, the result of which must be made public.

Actions Requested

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

1. Immediately locate the whereabouts of Mr. Chickie Mantukay;
2. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Chickie Mantukay and Mr. Musa Delmo Pasage;
3. Order the immediate release of Mr. Chickie Mantukay 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 both 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, in particular the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child.

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
• Lt. General Alexander Yano, Chief of Staff, Armed Forces of the Philippines (AFP), AFP-GHQ offices, Camp General Emilio Aguinaldo, Quezon City, Philippines, Fax: + 63 2 911 6436
• Mr. Emilio Gonzalez, Deputy Ombudsman, Office of the Deputy Ombudsman for the Military And Other Law Enforcement Offices, 3rd Flr., Ombudsman Bldg., Agham Road, Diliman, 1104 Quezon City, Philippines, Fax: +63 2 9269747
• 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, 01 July 2009

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