PHILIPPINES: Soldiers torture a man held incommunicado for six days

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-067-2010
ISSUES: Arbitrary arrest & detention, Torture,

Dear Friends, 

The Asian Human Rights Commission (AHRC) had been informed that a farmer, whom soldiers had arbitrarily arrested over allegations that he was a commander of a rebel group, had been tortured and held incommunicado for six days. The soldiers did not turn him over promptly to police custody, but illegally detained him in their detachment. They also ignored the victim’s request to contact the village head and his wife to inform them of his whereabouts. 

CASE NARRATIVE(According to information received from the Task Force Detainees of the Philippines (TFDP) – Mindanao) 

On February 26, 2010, Abdulbayan Guiamblang was passing from his farm through the detachment of the 38th Infantry Battalion, Philippine army in Barangay (village) Solon, Sultan Mastura, province of Maguindanao. He usually passes through this detachment to tend his farm that is adjacent to the village where he lives. But on this occasion a soldier guarding the detachment had stopped him. 

Without explaining to him why he was being held, the soldier took him to a nearby community center (Purok house) in the village. Soon after they arrived, soldiers cuffed his hands behind his back. They wrapped his legs around with adhesive tape and blindfolded him, using the same tape. Later he felt himself being loaded into a truck. He realized that it was a military 6×6 truck that drove him for about 20 minutes to an unknown place. Here, he was interrogated and severely tortured. 

While in custody, those questioning him told him that they had been looking for him for some time, and that he has pending arrest orders from the court. They also insisted that he is a commander of the rebel group, the Moro Islamic Liberation Front (MILF). He admitted that he is an MILF member but is not a commander. Nevertheless, he was forced to admit that he is a commander in the MILF’s 1st brigade under the command of Ameril Umbra Kato. 

During questioning, he was hit several times on the head with a bottle of water. His interrogation lasted from the time of his arrest on the 26th of February until 12 midnight of that same day. When he slept that night, his handcuffs were attached to the lower portion of the door, making it extremely difficult for him to move, or to sit or lie down freely. 

The following day, February 27, Guiamblang was taken to another room for more interrogation, again asking him the same questions as the day before. They put him face down on the table. He was asked how many houses he had burned and when he explained that he had not burned any houses, they called him a “liar”. Three times he was hit on the head and the lower back portion of his head with a bottle of water. The questioning and torture lasted for than an hour. 

On the third day, February 28, Guiamblang was taken to the same interrogation room asking him the same questions as before. The left side of his body was punched hard twice and he was once again subjected to interrogation for more than an hour. Guiamblang, on March 1 and 2 again endured the same things mentioned above. Each time they took him to the interrogation room they doubled the adhesive tape blindfolding his eyes. 

Guiamblang had also asked his custodians to inform the chairperson of his village about his arrest so that they would also be able to contact his wife, but his request was denied. He was now detained for five days. 

On March 3, Guiamblang was taken by his interrogators for a medical check-up; however, no real medical checkup took place. The person examining him only took his blood pressure. While in the soldier’s custody, he was given food twice a day. 

It was only on March 4 that he was able to take a bath and was given a shirt to wear and was subsequently taken to court in Midsayap, North Cotabato where charges had been filed against him. When they got down from the vehicle, his blindfold was removed, having been in place for six continuous days. At the court, Guiamblang was made to sign a document, the contents of which were not properly explained to him. At 1pm that day, he was remanded to the North Cotabato Provincial jail in Amas, Kidapawan. 

When he was taken to court and remanded in jail, Guiamblang came to know the charges against him. They included Frustrated Murder, criminal case no. 08-294; Attempted Murder criminal case no. 08-293; Kidnapping and Serious Illegal Detention criminal case no. 08-286, Robbery (29 counts) criminal case nos. 08-229 to 08-258 and Arson (68 counts) criminal case nos. 08-198 to 08-228 to 08-296 before the Regional Trial Court (RTC) Branch 18, in Midsayap town, province of North Cotabato. 

On March 12, 2010 his family was finally able to visit him in the provincial jail. 

ADDITIONAL INFORMATION

In the Philippines, torture is a criminal offense following the enactment of the “Anti-Torture Act of 2009” in November 2009. Under Section 4 of this Law, the following acts of torture committed against Guiamblang would have had a penalty of Reclusion Temporal (twelve to twenty years imprisonment) once the perpetrator is prosecuted and convicted. 

Under Section 4, the torture perpetrated on Guiamblang is defined as Acts of Torture in the excerpts below; 

(1) Systematic beating, head banging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and jumping on the stomach; 

(2) Food deprivation 

(6) Being tied or forced to assume fixed and stressful bodily positions 

(b) “Mental/Psychological Torture”; (1) Blindfolding; 

(3) Confinement in solitary cells or secret detention places; 

(4) Prolonged interrogation; 

(11) Deliberately prohibiting the victim from communicating with any member of his/her family 

Under Section 7 (it) Prohibited Detention — Secret detention places, solitary confinement, incommunicado or other similar forms of detention, where torture may be carried out with impunity, are hereby prohibited. 

SUGGESTED ACTION
Please send letters to the concerned authorities requesting them to thoroughly investigate the torture victim’s complaint. Also, the charges laid on him must be withdrawn unconditionally once it is found that the evidence and testimonies used were the result of torture. 

The AHRC has also written letters to the UN Special Rapporteur on the Question of Torture for his intervention. 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Re: PHILIPPINES: Soldiers torture a man held incommunicado for six days 

Name of the victim: Abdulbayan Guiamblang, 53 years old, married, farmer. He is presently detained at the North Cotabato Provincial jail in Amas, Kidapawan City 
Alleged perpetrators: Elements of the 38th Infantry Battalion, Philippine army (PA) 
Date and place of incident: February 26, 2010 at 4:30pm at the military detachment in Barangay Makagiling, Sultan Kudarat, Maguindanao province 

I am writing about Abdulbayan Guiamland whom soldiers tortured while being held incommunicado at the military detachment. When the soldiers arrested him, they did not explain the reasons why he was arrested, nor show him the court order for his arrest and the reasons as to the nature of charges laid against him. 

At the time of his arrest on February 26, 2010, Guiamblang was coming from his farm where he was working and passed through the military detachment which was near his home. One of the soldiers of the detachment stopped him. Without giving any reason, his hands were cuffed behind his back and he was taken to a community center. At the community center, they wrapped his legs around with adhesive tape and blindfolded him using the same adhesive tape. 

The soldiers claimed that they had been looking for him pending orders for his arrest. However, no court orders were produced nor did they explain the nature of the charges against him. And, even presuming there was an arrest order, soldiers are not allowed legally to serve court orders. Under the law, only policemen have the authority to serve arrest orders. 

While in the soldier’s custody, Guiamblang had been subjected to long hours of interrogation, assaulted and systematically beaten on several occasions. The soldiers had also blindfolded him using adhesive tape on his eyes. His requests to contact the chairperson of his village and his wife to tell them of his whereabouts were also ignored. He was only given food twice a day. One evening his handcuffs were attached to the lower portion of the door, making it extremely difficult for him to move freely, either sitting or lying down. 

Finally, on March 4, 2010 he was able to bathe and change his shirt before being taken to court in Midsayap, North Cotabato where questionable charges against him had been laid. At the court, Guiamblang was made to sign a document, the contents of which were not properly explained to him. Later that day he was remanded to the provincial jail in Amas, Kidapawan City where he is presently detained. 

I urge you to have the victim’s allegation of torture thoroughly investigated under the provision of the Anti-Torture Act of 2009. What Guiamblang suffered and endured while in the soldiers’ custody are acts of torture under Section 4 of the law. I demand that those responsible be identified and charges laid against them for perpetrating the crime. Adequate legal assistance should be afforded promptly to the victim should he decide to file a complaint; and he should be given proper medical treatment while in detention as provided by the law. 

I also urge you to ensure the effective implementation of section 7 of this Act which requires the police to make a list (within five days of every month at the minimum) of all detention centers and facilities under their respective jurisdictions with the corresponding data on the prisoners”. This is very important to ensure the prevention of secret detention and solitary confinement and to monitor the condition of persons deprived of their liberty. 

I trust that you will take appropriate action on this matter. 

Respectfully yours, 

——————– 
PLEASE SEND YOUR LETTERS TO

1. Mrs. Gloria Macapagal-Arroyo 
President 
Republic of the Philippines 
Malacanang Palace 
JP Laurel Street, San Miguel 
Manila 1005 
PHILIPPINES 
Fax: +63 2 736 1010 
Tel: +63 2 735 6201 / 564 1451 to 80 

2. Ms. Leila De Lima 
Commissioner 
Commission on Human Rights 
SAAC Bldg., Commonwealth Avenue 
U.P. Complex, Diliman 
Quezon City 
PHILIPPINES 
Fax: +63 2 929 0102 
Tel: +63 2 928 5655 / 926 6188 
E-mail: mtm_rodulfo@yahoo.com 

3. Deputy Director General Jesus A. Verzosa 
Chief, Philippine National Police (PNP) 
Camp General Rafael Crame 
Quezon City 
PHILIPPINES 
Fax: +63 2724 8763 
Tel: +63 2 726 4361/4366/8763 
E-mail: ruth_cossid@yahoo.com 

4. Mr. Alberto Agra 
Acting Secretary 
Department of Justice (DoJ) 
DOJ Bldg., Padre Faura 
1004 Manila 
PHILIPPINES 
Fax: +63 2 521 1614 
E-mail: raulgonzalez_doj@yahoo.com 

5. Mr. Emilio Gonzalez 
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 
Fax: +63 2 926 8747 
Tel: +63 2 926 9032 

6. Mr. Quinciano V. Bueno 
Regional Director 
Commission on Human Rights (CHR), Region 12 
Pascua Bldg., Arellano Street 
Koronadal City 
PHILIPPINES 
Tel: +63 83 5538887 

Thank you. 

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrc.asia

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-067-2010
Countries : Philippines,
Issues : Arbitrary arrest & detention, Torture,