MANILA, Philippines - A Hong Kong-based human rights group on Wednesday questioned the military's illegal arrest and detention without "proper" charges of a farmer in Quezon province since November last year.

In a statement posted on its website, the Asian Human Rights Commission (AHRC) said Zosimo Mariado had been detained at a jail in Quezon province since his arrest last Nov. 29, but no charge has been filed against him.

"He is detained at a provincial jail but there has not been a case filed against him in court. The police detaining him prior to his turn over to jail also did not release him promptly even though the charges they filed against him with the prosecutor's office should have been done in ordinary not inquest procedures," AHRC said.

Mariado was arrested in Sitio Tambo-tambo in Pagsangahan village in General Nakar town in Quezon province last Nov. 29 by members of the Army's 16th Infantry Battalion led by one Cpl. Solomon Valderama.

On that date, Mariado was at the house of employer couple Danilo Garcia when some 30 soldiers wearing camouflage uniforms and armed with high-powered firearms arrived. The soldiers started forcing him to admit he is a member of the New People's Army (NPA), the group said.

"One of the soldiers had approached Zosimo by going inside a room where he was staying and pointed his gun at him. The three other soldiers, who positioned themselves close to Zosimo, began hitting him to his chest and stomach with the butt of an M-16 armalite rifle. This, time Zosimo was forced to admit his membership with Rebolusyonaryong Hukbong Bayan (RHB), another rebel group. At the time Valderama and other soldiers had began torturing him," AHRC said.

While Mariado was being forced to admit that he was a member of RHB, he overheard from the soldiers who were outside the house shouting they recovered an M-16 rifle and a grenade.

Later that afternoon, the soldiers left taking only Mariado with them. Mariado was handcuffed and blindfolded.

"Then the soldiers took him towards their detachment in Barangay Magsaysay in the municipality of Infanta of the same province. While inside the said military detachment, Mariado recalled having been once again subjected to questioning and torture. He was never given
opportunity to seek for a legal counsel," AHRC said.

Mariado was then taken to a police station of the Philippine National Police (PNP) in General Nakar, Quezon.

The AHRC said the PNP filed charges against Mariado on Dec. 4 for illegal possession of firearm, ammunition and explosives before the Office of the Assistant Provincial Prosecutor. However, Mariado has not yet been subjected to an inquest and no formal charges have been filed in court against him.

"Given the circumstances the person accused should have not been charged thereof unless ascertained. Even so, he should have been subjected to inquest procedures otherwise he should have been released from the police' custody beyond 36 hours, which is the maximum allowable period of detention for persons held without having been charged in court," AHRC said.

On Dec. 10, Mariado was transferred to the Quezon Provincial Jail in Lucena City, but the basis for police to have him remanded in jail remained unclear, AHRC said.

"Under the procedures, only when the court orders for a person's detention in jail he can be remanded; however, it is learned that no formal charges have been filed against him in court yet," it said.

Last Feb. 29, the Task Force Detainees of the Philippines staff followed up Mariado's case but a clerk at the office of the provincial prosecutor told them to check at Infanta town.

TFDP wrote to lawyer Cresencia Pedrosa of the Commission on Human Rights (CHR) Region IV office requesting for intervention but "there has not been any action taken by them," AHRC said.

When TFDP asked the office of the prosecutor in Infanta, it was informed that "no charges have been filed yet."

Last May 1, when a visit was made at the jail where Mariado is presently detained, he continuously complains about pain at the lower portion of his back towards his legs.

"As was the case before, there was neither immediate action to provide him medical assistance nor any notice from the court about any case filed against him," AHRC said.

The AHRC said it has also written to the United Nations' Special Rapporteur on the Question of Torture and the Working Group on arbitrary detention. - GMANews.TV

7 May 2008
Link: http://www.gmanews.tv/story/93776/Rights-group-questions-illegal-arrest-detention-of-Quezon-farmer