Philippines
26.08.03
Urgent Interventions
Philippines: Open Letter to her Excellency Gloria Macapagal-Arroyo, President , on torture and detention of 16 year old boy
OPEN LETTER TO HER EXCELLENCY GLORIA MACAPAGAL-ARROYO, PRESIDENT, OF THE REPUBLIC OF THE PHILIPPINNES
New Executive Building, Malacañang, Palace Compound, J.P. Laurel St., San Miguel, Manila, Philippines, Fax no.: +632 929 3968 Email: opnet@ops.gov.ph or kgma@yahoogroups.com
Ms President,
The International Secretariat of OMCT has been informed by the Task Force Detainees of the Philippines (TFDP), a member of the OMCT network, about the recent case of a young boy who was arbitrarily arrested and tortured by military forces. Sixteen year old Jenny Rom, was one of four youngsters arrested by members of the 19th IB based in Brgy on February 13th , 2003. The military were conducting an intensified operation against rebels in the boundaries of Ormoc, when they encountered Jonathan Rom, Louie Rom, Jenny Rom, Genson Rom. They were handcuffed and accused of being rebels. Although the boys argued that they had just come from a day's work in the farm, the military conducted an interrogation. According to the information received, during the interrogation Jenny was punched and beaten every time he denied being a member of the NPA. Finally he was violently hit on the neck and left for dead by the military in an isolated place. Jenny woke up after a few hours and, despite his injuries, he managed to walk to his house. He was then rushed to the hospital by his uncle. The military arrived there and brought him to the Burauen Municipal Jail, having charged him with multiple homicide. Meanwhile, his three other friends were released after spending three days under military custody. No charges were filed against them.
Last July, Jenny was transferred to a detention cell for minors at the Leyte Sub Provincial Jail.
TFDP has recently written to the Secretary of the Social Welfare and Development to request his intervention in this case, and to the Chief of the Military of the Philippines to take action against the alleged perpetrators of these acts and is still awaiting an answer. The international Secretariat of the OMCT strongly supports this initiative and asks for your intervention.
The use of torture in order to extract desired information from suspects is a violation of international norms and of the Constitution of the Republic of the Philippines. We welcome the recent rules and regulations for children enacted and promulgated by your government with the support of the national Commission on Human Rights (The Special Protection of Filipino Children, RA 7610; The Child and Youth Welfare Code, PD 603; Rules and Regulations on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders Pursuant to Article 209 of P.D. 603; Memorandum of Agreement on the Handling and Treatment of Children Involved in Armed Conflict, Police Handbook on the Management of Cases of Children in Especially Difficult Circumstances; the Rules on Juveniles in conflict with the Law and the Comprehensive Juvenile Justice System Bill) and we urge your government to implement them. In addition the Criminal Procedure of the Republic of the Philippines (Rule 113, Sec. 2, par. 2) outlines the duties of the peace officer or private person making the arrest, with or without a warrant. In effecting an arrest, the person making the arrest shall ensure that no violence or unnecessary force shall be employed and that the person arrested must not be subject to a greater restraint than is necessary for his detention.
OMCT is particularly alarmed by the practice of continuing torture and arbitrary detention of children in the Philippines and strongly supports the principles contained in the Convention on the Rights of the Child, ratified by Philippines in 1990 and particularly article 37 which requires that:
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment…
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age…
OMCT recalls that the Convention contains article 40 which states that:
1. States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.
The International Secretariat of the OMCT asks your Excellency to order the immediate release of 16 year old Jenny Rom, allowing him to be placed under the custody of his parents, since it is clear that he was arrested only on the basis of suspicion. OMCT also asks you to contact the appropriate authorities in order to ensure that all changes being held against him are dropped; order a thorough and impartial investigation into the circumstances of his arrest and torture, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law; intervene to ensure that adequate medical and psychosocial assistance is provided as a matter of urgency to the above-mentioned boys and guarantee that adequate reparation is provided to him and his family.
We thank you for the careful consideration that you will give these matters.
Your Sincerely,
Eric SOTTAS – Director of OMCT
CC:
· Hon. Purificacion Quisumbing, Chairperson, Komisyon ng Karapatang Pantao (Commission on Human Rights), SAAC Bldg., Commonwealth Ave. Up, Quezon City
· Sec. Dinky Soliman, Department of Social Welfare and Development, Batason Complex, Commonwealth Ave., Batasan Hills, Quezon City
· Hon. Loreta Ann Rosales, Committee on Civil, Political and Human Rights, Rm. 511 South Wing, House of Representatives Constitution Hills, 1119 Quezon City
· The Municipal Trial Judge, Burauen Municipal Trial Court, Burauen, Leyte
· The 19th IB PA Commander, 19th IB Headquarters, Barangay Aquiting, Kanangga, Leyte
· Rudiger G. Falcis II, Director, Criminal Investigation, Prosecution and Administrative Adjudication, Bureau 3rd Flr., Ombudsman Bldg., Agham Rd., Diliman (1104), Quezon City
New Executive Building, Malacañang, Palace Compound, J.P. Laurel St., San Miguel, Manila, Philippines, Fax no.: +632 929 3968 Email: opnet@ops.gov.ph or kgma@yahoogroups.com
Ms President,
The International Secretariat of OMCT has been informed by the Task Force Detainees of the Philippines (TFDP), a member of the OMCT network, about the recent case of a young boy who was arbitrarily arrested and tortured by military forces. Sixteen year old Jenny Rom, was one of four youngsters arrested by members of the 19th IB based in Brgy on February 13th , 2003. The military were conducting an intensified operation against rebels in the boundaries of Ormoc, when they encountered Jonathan Rom, Louie Rom, Jenny Rom, Genson Rom. They were handcuffed and accused of being rebels. Although the boys argued that they had just come from a day's work in the farm, the military conducted an interrogation. According to the information received, during the interrogation Jenny was punched and beaten every time he denied being a member of the NPA. Finally he was violently hit on the neck and left for dead by the military in an isolated place. Jenny woke up after a few hours and, despite his injuries, he managed to walk to his house. He was then rushed to the hospital by his uncle. The military arrived there and brought him to the Burauen Municipal Jail, having charged him with multiple homicide. Meanwhile, his three other friends were released after spending three days under military custody. No charges were filed against them.
Last July, Jenny was transferred to a detention cell for minors at the Leyte Sub Provincial Jail.
TFDP has recently written to the Secretary of the Social Welfare and Development to request his intervention in this case, and to the Chief of the Military of the Philippines to take action against the alleged perpetrators of these acts and is still awaiting an answer. The international Secretariat of the OMCT strongly supports this initiative and asks for your intervention.
The use of torture in order to extract desired information from suspects is a violation of international norms and of the Constitution of the Republic of the Philippines. We welcome the recent rules and regulations for children enacted and promulgated by your government with the support of the national Commission on Human Rights (The Special Protection of Filipino Children, RA 7610; The Child and Youth Welfare Code, PD 603; Rules and Regulations on the Apprehension, Investigation, Prosecution and Rehabilitation of Youth Offenders Pursuant to Article 209 of P.D. 603; Memorandum of Agreement on the Handling and Treatment of Children Involved in Armed Conflict, Police Handbook on the Management of Cases of Children in Especially Difficult Circumstances; the Rules on Juveniles in conflict with the Law and the Comprehensive Juvenile Justice System Bill) and we urge your government to implement them. In addition the Criminal Procedure of the Republic of the Philippines (Rule 113, Sec. 2, par. 2) outlines the duties of the peace officer or private person making the arrest, with or without a warrant. In effecting an arrest, the person making the arrest shall ensure that no violence or unnecessary force shall be employed and that the person arrested must not be subject to a greater restraint than is necessary for his detention.
OMCT is particularly alarmed by the practice of continuing torture and arbitrary detention of children in the Philippines and strongly supports the principles contained in the Convention on the Rights of the Child, ratified by Philippines in 1990 and particularly article 37 which requires that:
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment…
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age…
OMCT recalls that the Convention contains article 40 which states that:
1. States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society.
The International Secretariat of the OMCT asks your Excellency to order the immediate release of 16 year old Jenny Rom, allowing him to be placed under the custody of his parents, since it is clear that he was arrested only on the basis of suspicion. OMCT also asks you to contact the appropriate authorities in order to ensure that all changes being held against him are dropped; order a thorough and impartial investigation into the circumstances of his arrest and torture, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law; intervene to ensure that adequate medical and psychosocial assistance is provided as a matter of urgency to the above-mentioned boys and guarantee that adequate reparation is provided to him and his family.
We thank you for the careful consideration that you will give these matters.
Your Sincerely,
Eric SOTTAS – Director of OMCT
CC:
· Hon. Purificacion Quisumbing, Chairperson, Komisyon ng Karapatang Pantao (Commission on Human Rights), SAAC Bldg., Commonwealth Ave. Up, Quezon City
· Sec. Dinky Soliman, Department of Social Welfare and Development, Batason Complex, Commonwealth Ave., Batasan Hills, Quezon City
· Hon. Loreta Ann Rosales, Committee on Civil, Political and Human Rights, Rm. 511 South Wing, House of Representatives Constitution Hills, 1119 Quezon City
· The Municipal Trial Judge, Burauen Municipal Trial Court, Burauen, Leyte
· The 19th IB PA Commander, 19th IB Headquarters, Barangay Aquiting, Kanangga, Leyte
· Rudiger G. Falcis II, Director, Criminal Investigation, Prosecution and Administrative Adjudication, Bureau 3rd Flr., Ombudsman Bldg., Agham Rd., Diliman (1104), Quezon City