PHILIPPINES: Arbitrary arrest and continued detention of a development worker in Cotabato City 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-260-2006
ISSUES: Arbitrary arrest & detention,

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of the alleged arbitrary arrest and detention of a development worker, Uztadz Kusain Abedin, in Cotabato City at 6:45pm on August 3, 2006. Abedin was arrested at a bus terminal along Don Rufino Alonzo Street, Cotabato City, for unknown reason and is presently still in the military’s custody. Those who forcibly abducted Abedin are allegedly military men attached to the Task Force Tugis, a special military unit, headed by Colonel Calanoy.

According to a reliable source, Abedin was forcibly taken in a maroon coloured military service utility vehicle FX model type with license plate number SFU-275.  The vehicle was last seen heading towards the headquarters of Task Force Tugis in PC Hill, Cotabato City. It is reported that Guinaid Adam, a manager of the bus company where Abedin was seen taken, had accompanied him to the military’s headquarters.

But when Abedin’s colleagues at the United Youth for Peace and Development (UNYPAD), a developmental non-governmental youth organisation, went to the Task Group Tugis’ headquarter, the military could not present any warrants to justify Abedin’s arrest. As the military likewise could not present proof or provide proper explanation for his arrest, it is not clear as to what the nature of charges are or the reasons for Abedin being held. Abedin has also not been afforded or denied seeking legal counsel since his arrest.

Abedin is a staff member of the UNYPAD. The group is a member of a coalition deeply involved in peace and development work in Mindanao. These include the Consortium of Bangsamoro Civil Society (CBCS), the Mindanao Peoples Caucus (MPC) and Mindanao Emergency Response Network (MERN). Abedin’s work as staff is deeply involved in advancing the concept of unity and development in Mindanao.

The AHRC is seriously concerned of the welfare and threat that Abedin could be tortured while in the military’s custody.

SUGGESTED ACTION:
Please request the immediate intervention of the concerned agencies below. If indeed there are no warrants to justify Uztadz Kusain Abedin arrest and detention, he must be released unconditionally without delay. An independent and impartial investigation must commence to look into the arbitrary use of authority by the military men involved. They must be imposed with appropriate sanctions if found to have committed any violations.

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SAMPLE LETTER

Dear __________,

PHILIPPINES: Arbitrary arrest and continued detention of a development worker in Cotabato City

Name of the victim: Uztadz Kusain Abedin, a staff member of United Youth for Peace and Development (UNYPAD)
Name of alleged perpetrators:
 Military men attached to the Task Force Tugis, a special military unit headed by headed by Colonel Calanoy based in PC Hill, Cotabato City.
Place of incident: At a bus terminal along Don Rufino Alonzo Street, Cotabato City.
Date of incident: 3 August 2006 at around 6:45pm

It has come to my attention that Uztadz Kusain Abedin, a peace and development worker attached to the United Youth for Peace and Development (UNYPAD), was allegedly arbitrarily arrested and continues to be illegally held in military custody. I have learned that Abedin was forcibly taken at a bus terminal on August 3 at 6:45pm by elements of the Task Force Tugis, a special military unit headed by Colonel Calanoy, and was then taken to their headquarters.

According to the information I have received, Abedin was accompanied by Guinaid Adam, a manager of the bus company, when he was taken to the military’s headquarter. But when Abedin’s colleagues went to the headquarter inquiring as to the whereabouts of the victim and why he was being held, the military could not present any warrant to justify his arrest. They too could not give an adequate explanation as to why they are holding him in custody and what is the nature of charges.

I am extremely shocked to hear of yet another instance involving the arbitrary use of authority by military men over Abedin’s arrest. To arrest and continually detain Abedin in absence of any arrest warrant and without proper explanation as to why he is being continually detained is totally unacceptable. I urged you to use your authority to ensure the immediate and unconditional release of Abedin from the military’s custody. I also strongly criticise the military’s practice of arresting, detaining and interrogating person in absence of their legal counsel.

Additionally, I urged that an independent and impartial investigation must commence and look into the allegations that the military has committed violations in arresting and continually detaining Abedin. If found that they have violated the rules and procedure in effecting the arrest, and have violated the rights of Abedin, they must be charged and imposed with appropriate sanctions. These acts involving the arbitrary use of authority must not be tolerated.

I urge you to act on this serious concern with the utmost urgency.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Ms. Purificacion Quisumbing
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Tel: +63 2 928 5655 / 926 6188
Fax: +63 2 929 0102
Email: drpvq@yahoo.com

2. Mr. Orlando Casimiro
Deputy Ombudsman
Office of the Deputy Ombudsman for the Military and
Other Law Enforcement Offices
3rd Floor, Ombudsman Bldg., Agham Road, Diliman (1104)
Quezon City
PHILIPPINES
Tel: +632 926 9032
Fax: +63 2 926 8747
Email: omb1@ombudsman.gov.ph

3. Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763
Email: pcrg@pnp.gov.ph  or ias@pnp.gov.ph

4. Ms. Rosalinda Tolosa
Regional Director
Commission on Human Rights (CHR)
Sy Compound, Leon Lldio Street
Barangay Lagao
9500 General Santos City
PHILIPPINES
Tel/Fax: +63 83 553 8887
Cotabato City extension Office
Tel: +63 64 482 0384 / +63 64 421 6307

5. Professor Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr.Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 9179016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
E-mail: ssyed@ohchr.org

6. Ms Leila Zerrougui
Chairperson
Working Group on arbitrary detention
Attn: Mr Miguel de la Lama
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTN: WORKING GROUP ARBITRARY DETENTION)
Email: mdelalama@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-260-2006
Countries : Philippines,
Issues : Arbitrary arrest & detention,