Soldiers torture a man held incommunicado for six days

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-067-2010

17 May 2010
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PHILIPPINES: Soldiers torture a man held incommunicado for six days

ISSUES: Torture; torture victims; right to life; right to liberty and security; arbitrary arrest and detention
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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 6x6 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.


Source: http://www.ahrchk.net/ua/mainfile.php/2010/3453/