Philippines
22.12.03
Urgent Interventions
Philippines: Torture, attempted execution and detention without trial of a 16-year-old boy
Case PHL 221203.CC
Child concern/Torture/Attempted Execution/Illegal detention
The International Secretariat of OMCT has been informed by Task Force Detainees of the Philippines (TFDP), a member of the OMCT network, of the ongoing detention without trial of 16-year-old Jenny Rom in the Philippines. He was severely tortured and shot at by members of the Philippine Army on February 13th, 2003 and was subsequently illegally detained with adults for more than 6 months. In August 2003, OMCT sent an Open Letter to the Philippine President Ms.Gloria Macapagal-Arroyo, urging her to guarantee the procedural rights of the boy and to launch an investigation into the circumstances of his case. However, the boy remains in custody. Yet, there are hopes that the Department for Justice will include his name in the list of prisoners the President will pardon this year on Christmas day.
Background Information
According to the information received, Jenny Rom was arrested on February 13th, 2003, by members of the 19th Infantry Battalion of the Philippine Army (IBPA) based in Barangay. They were conducting an intensified operation against rebels in the boundaries of Ormoc, when they encountered him. He was handcuffed and, accused of being rebel, asked to pinpoint alleged NPA camps in the area. During this interrogation session, he was punched and beaten every time he denied being a member of the NPA. Finally, the soldiers shot him in the neck and left him in an isolated place, assuming that he was dead.
As Jenny woke up, he was able to reach the neighbouring village where he received assistance and the next day his uncle took him to the hospital. However, instead of receiving medical assistance, he was reportedly interrogated by the police regarding his gunshot wound. Then, the army members who had tortured and shot at him the day before, came and took him to the Burauen Municipal Jail, charging him with multiple homicide.
The 19th IBPA claims that Jenny was hit during an encounter between the army and the NPA on January 30th 2003, in Sitio Bilisong, Barangay Damuloan in Burauen. They allege that his gunshot wound in the neck is a result of that incident. The complaint was, however, only presented at the Burauen Municipal Trial Court on February 17th, 17 days after the alleged encounter and 2 days after Jenny's arrest.
According to the information received, the Public Attorney's Office filed a motion to place Jenny in the custody of his parents on March 5th. But Jenny remained at Burauen Municipal Jail.
On July 14th, the Social welfare Officer II Alicia Bolante from the DSWD (Department of the Social Welfare and Development) issued a study report on the case, after having received an order to do so from the presiding judge on March 27th and after requests from TFDP. This report stated that (1) Jenny was indeed a member of the NPA, (2) that he was grateful that the military rescued him from the hostile attitude of the NPA and (3) that he was a victim of wrong ideology and forced membership. Despite this, the DSWD also appealed for his temporary release. But the court merely ordered to transfer him to a detention cell for minors at the Leyte Sub Provincial Jail - after more than 6 months of illegal detention in an adult detention facility. Today, he is still detained there and is charged with "multiple frustrated homicide".
The International Secretariat of OMCT has never received an answer to its open letter to President Ms.Gloria Macapagal-Arroyo and remains deeply concerned about Jenny Rom's situation for the following reasons:
Firstly, the case description above reveals various incoherencies and issues of concern:
· In its report from July 14th, the DSWD confirmed the allegation of Jenny being a NPA member. Despite that, he was only charged with a common crime: multiple frustrated homicide. It remains unclear, if he committed these alleged crimes in the quality of NPA member or for any other reason.
· Although the DSWD report mentioned above was ordered by the presiding judge, the court did not apply its recommendation to temporarily release the boy. The motion of the Public Attorney's Office for placing Jenny under custody of his parents was also not retained by the court.
· Serious concerns about Alicia Bolante's impartiality were expressed by some sources.
OMCT urges the Philippine authorities to take action in order to consider these incoherencies and to guarantee the impartiality of the investigation.
Secondly, despite Jenny's transfer to a cell for juveniles in July 2003, OMCT remains concerned about his conditions of detention. OMCT calls upon the Philippine authorities to fully respect international standards for minor detainees, including the "United Nations Rules for the Protection of Juveniles deprived of their liberty" which state that: "Juveniles who are detained under arrest or awaiting trial ("untried") are presumed innocent and shall be treated as such. Detention before trial shall be avoided to the extend possible and limited to exceptional circumstances. (…) When preventive detention is nevertheless used, juvenile courts and investigative bodies shall give the highest priority to the most expeditious processing of such cases to ensure the shortest possible duration of detention (§17)". They shall be guaranteed the presumption of innocence and all detained juveniles "should be provided, where possible, with opportunities to pursue work, with remuneration, and continue education or training" (…) (§18 (b)). This is essential to fulfil the duty of "counteracting the detrimental effects of all types of detention and to fostering integration in society" (§3).
"The need of the juvenile for privacy, sensory stimuli, opportunities for association with peers and participation in sports, physical exercise and leisure-time activities" shall be assured in the detention centres (§32). Finally, " every juvenile shall receive adequate medical care, both preventive and remedial, including dental, ophthalmologic and mental health care, as well as pharmaceutical products and special diets as medically indicated. All such medical care should, where possible, be provided to detained juveniles through the appropriate health facilities and services of the community in which the detention facility is located, in order to prevent stigmatization of the juvenile and promote self-respect and integration into the community" (§ 49).
OMCT also calls upon the Philippine authorities to provide reparation to Jenny Rom for the time spent in illegal detention in a facility for adults, as well as for the acts of torture he suffered. The perpetuators of these acts should be brought to justice.
Lastly, there reportedly exists the possibility that Jenny Rom will be on the Philippine Department for Justice's list of detainees which will be pardoned by the President Ms.Gloria Macapagal-Arroyo at the end of the year. OMCT strongly supports this proposition and calls upon the Philippine President to do so, especially in the light of his young age, the harsh living conditions under which he was illegally detained, the torture and the gunshot wound he suffered and the fact that his alleged crimes have still not been proved in a fair and impartial trial.
Remarks
TFDP has already taken action regarding the case, asking President Ms.Gloria Macapagal-Arroyo in a letter to grant the boy clemency and release. They have also called upon the Philippine authorities to consider release on humanitarian grounds for some other detainees, including Irene Plagtiosa, Lucena Lagado and Antonieta Pegoria, all women living in jail with their young children, as well as Eutiquio Cherreguene, a 67-year-old woman in detention since 1986. OMCT supports these efforts and calls upon the Philippine authorities to closely consider these cases.
Action requested
Please write to the authorities in Philippines urging them to:
i. guarantee the impartiality of further investigations into the circumstances of the afore-mentioned events, in order to bring the responsible to trial and apply the penal and/or administrative sanctions as provided by law;
ii. guarantee adequate conditions of detention for Jenny Rom if he is proved to be responsible for the alleged acts in a fair trial and sentenced to deprivation of liberty or, otherwise, release him immediately;
iii. consider granting clemency and releasing Jerry Rom at the end of the year;
iv. provide him with adequate reparation for the illegal detention and acts of torture endured;
v. 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 Gloria Macapagal-Arroyo, President, Republic of the Philippines, 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
Angelo T. Reyes, Secretary, Department of National Defense, Camp General Aguinaldo, Quezon City, Fax: +632911-6213, Email: osnd@philoneline.com
Hon. Simeon Datumanong, Secretary, Department of Justice, DOJ Bldg., Padre Faura, 1004, Manila, Fax: +632521-1614 Email: sechbp@info.com.ph
Hon. Purificacion Valera Quisumbing, Chairperson, Commission on Human Rights, SAAC bldg., UP complex, Commonwealth Avenue, Diliman, Quezon City, Philippines, Fax: +632 929-0102, Email: apnr@chr.gov.ph
Hon. Loretta Ann Rosales, House of Representatives, Chairman Comm. On Civil/Political Rights, Telefax no. (02) 9316288 Email: conglapr@nsclub.net
Hon. Francisco Pangilinan, Office of the Senate, Fax no. +632 5526601, Email: kiko@fplaw.com.ph
Ambassadeur, Av. Blanc 47, CH-1202, Genève, Suisse, e-mail : philippine.mission@ties.itu.int, Fax: +4122 716 19 32
Please also write to the embassies of Philippines in your respective country.
Geneva, December 22nd, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Child concern/Torture/Attempted Execution/Illegal detention
The International Secretariat of OMCT has been informed by Task Force Detainees of the Philippines (TFDP), a member of the OMCT network, of the ongoing detention without trial of 16-year-old Jenny Rom in the Philippines. He was severely tortured and shot at by members of the Philippine Army on February 13th, 2003 and was subsequently illegally detained with adults for more than 6 months. In August 2003, OMCT sent an Open Letter to the Philippine President Ms.Gloria Macapagal-Arroyo, urging her to guarantee the procedural rights of the boy and to launch an investigation into the circumstances of his case. However, the boy remains in custody. Yet, there are hopes that the Department for Justice will include his name in the list of prisoners the President will pardon this year on Christmas day.
Background Information
According to the information received, Jenny Rom was arrested on February 13th, 2003, by members of the 19th Infantry Battalion of the Philippine Army (IBPA) based in Barangay. They were conducting an intensified operation against rebels in the boundaries of Ormoc, when they encountered him. He was handcuffed and, accused of being rebel, asked to pinpoint alleged NPA camps in the area. During this interrogation session, he was punched and beaten every time he denied being a member of the NPA. Finally, the soldiers shot him in the neck and left him in an isolated place, assuming that he was dead.
As Jenny woke up, he was able to reach the neighbouring village where he received assistance and the next day his uncle took him to the hospital. However, instead of receiving medical assistance, he was reportedly interrogated by the police regarding his gunshot wound. Then, the army members who had tortured and shot at him the day before, came and took him to the Burauen Municipal Jail, charging him with multiple homicide.
The 19th IBPA claims that Jenny was hit during an encounter between the army and the NPA on January 30th 2003, in Sitio Bilisong, Barangay Damuloan in Burauen. They allege that his gunshot wound in the neck is a result of that incident. The complaint was, however, only presented at the Burauen Municipal Trial Court on February 17th, 17 days after the alleged encounter and 2 days after Jenny's arrest.
According to the information received, the Public Attorney's Office filed a motion to place Jenny in the custody of his parents on March 5th. But Jenny remained at Burauen Municipal Jail.
On July 14th, the Social welfare Officer II Alicia Bolante from the DSWD (Department of the Social Welfare and Development) issued a study report on the case, after having received an order to do so from the presiding judge on March 27th and after requests from TFDP. This report stated that (1) Jenny was indeed a member of the NPA, (2) that he was grateful that the military rescued him from the hostile attitude of the NPA and (3) that he was a victim of wrong ideology and forced membership. Despite this, the DSWD also appealed for his temporary release. But the court merely ordered to transfer him to a detention cell for minors at the Leyte Sub Provincial Jail - after more than 6 months of illegal detention in an adult detention facility. Today, he is still detained there and is charged with "multiple frustrated homicide".
The International Secretariat of OMCT has never received an answer to its open letter to President Ms.Gloria Macapagal-Arroyo and remains deeply concerned about Jenny Rom's situation for the following reasons:
Firstly, the case description above reveals various incoherencies and issues of concern:
· In its report from July 14th, the DSWD confirmed the allegation of Jenny being a NPA member. Despite that, he was only charged with a common crime: multiple frustrated homicide. It remains unclear, if he committed these alleged crimes in the quality of NPA member or for any other reason.
· Although the DSWD report mentioned above was ordered by the presiding judge, the court did not apply its recommendation to temporarily release the boy. The motion of the Public Attorney's Office for placing Jenny under custody of his parents was also not retained by the court.
· Serious concerns about Alicia Bolante's impartiality were expressed by some sources.
OMCT urges the Philippine authorities to take action in order to consider these incoherencies and to guarantee the impartiality of the investigation.
Secondly, despite Jenny's transfer to a cell for juveniles in July 2003, OMCT remains concerned about his conditions of detention. OMCT calls upon the Philippine authorities to fully respect international standards for minor detainees, including the "United Nations Rules for the Protection of Juveniles deprived of their liberty" which state that: "Juveniles who are detained under arrest or awaiting trial ("untried") are presumed innocent and shall be treated as such. Detention before trial shall be avoided to the extend possible and limited to exceptional circumstances. (…) When preventive detention is nevertheless used, juvenile courts and investigative bodies shall give the highest priority to the most expeditious processing of such cases to ensure the shortest possible duration of detention (§17)". They shall be guaranteed the presumption of innocence and all detained juveniles "should be provided, where possible, with opportunities to pursue work, with remuneration, and continue education or training" (…) (§18 (b)). This is essential to fulfil the duty of "counteracting the detrimental effects of all types of detention and to fostering integration in society" (§3).
"The need of the juvenile for privacy, sensory stimuli, opportunities for association with peers and participation in sports, physical exercise and leisure-time activities" shall be assured in the detention centres (§32). Finally, " every juvenile shall receive adequate medical care, both preventive and remedial, including dental, ophthalmologic and mental health care, as well as pharmaceutical products and special diets as medically indicated. All such medical care should, where possible, be provided to detained juveniles through the appropriate health facilities and services of the community in which the detention facility is located, in order to prevent stigmatization of the juvenile and promote self-respect and integration into the community" (§ 49).
OMCT also calls upon the Philippine authorities to provide reparation to Jenny Rom for the time spent in illegal detention in a facility for adults, as well as for the acts of torture he suffered. The perpetuators of these acts should be brought to justice.
Lastly, there reportedly exists the possibility that Jenny Rom will be on the Philippine Department for Justice's list of detainees which will be pardoned by the President Ms.Gloria Macapagal-Arroyo at the end of the year. OMCT strongly supports this proposition and calls upon the Philippine President to do so, especially in the light of his young age, the harsh living conditions under which he was illegally detained, the torture and the gunshot wound he suffered and the fact that his alleged crimes have still not been proved in a fair and impartial trial.
Remarks
TFDP has already taken action regarding the case, asking President Ms.Gloria Macapagal-Arroyo in a letter to grant the boy clemency and release. They have also called upon the Philippine authorities to consider release on humanitarian grounds for some other detainees, including Irene Plagtiosa, Lucena Lagado and Antonieta Pegoria, all women living in jail with their young children, as well as Eutiquio Cherreguene, a 67-year-old woman in detention since 1986. OMCT supports these efforts and calls upon the Philippine authorities to closely consider these cases.
Action requested
Please write to the authorities in Philippines urging them to:
i. guarantee the impartiality of further investigations into the circumstances of the afore-mentioned events, in order to bring the responsible to trial and apply the penal and/or administrative sanctions as provided by law;
ii. guarantee adequate conditions of detention for Jenny Rom if he is proved to be responsible for the alleged acts in a fair trial and sentenced to deprivation of liberty or, otherwise, release him immediately;
iii. consider granting clemency and releasing Jerry Rom at the end of the year;
iv. provide him with adequate reparation for the illegal detention and acts of torture endured;
v. 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 Gloria Macapagal-Arroyo, President, Republic of the Philippines, 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
Angelo T. Reyes, Secretary, Department of National Defense, Camp General Aguinaldo, Quezon City, Fax: +632911-6213, Email: osnd@philoneline.com
Hon. Simeon Datumanong, Secretary, Department of Justice, DOJ Bldg., Padre Faura, 1004, Manila, Fax: +632521-1614 Email: sechbp@info.com.ph
Hon. Purificacion Valera Quisumbing, Chairperson, Commission on Human Rights, SAAC bldg., UP complex, Commonwealth Avenue, Diliman, Quezon City, Philippines, Fax: +632 929-0102, Email: apnr@chr.gov.ph
Hon. Loretta Ann Rosales, House of Representatives, Chairman Comm. On Civil/Political Rights, Telefax no. (02) 9316288 Email: conglapr@nsclub.net
Hon. Francisco Pangilinan, Office of the Senate, Fax no. +632 5526601, Email: kiko@fplaw.com.ph
Ambassadeur, Av. Blanc 47, CH-1202, Genève, Suisse, e-mail : philippine.mission@ties.itu.int, Fax: +4122 716 19 32
Please also write to the embassies of Philippines in your respective country.
Geneva, December 22nd, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.