Europe Solidaire Sans Frontières
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-056-2009
/ua/support.php?ua=UAC-056-2009
http://www.ahrchk.net/ua/support.php?ua=UAC-056-2009
6 June 2009
PHILIPPINES: Police illegally arrests, tortures three human rights
defenders
ISSUES: Human rights defenders; torture victims; torture; right to
liberty and security; arbitrary arrest and detention
Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you of the
arrest of three human rights defenders. At the time of the arrests no
warrants were produced. They were arrested on 27th May 2009 in Samal,
Bataan. The three, who have been campaigning against the possible
renewed operation of a nuclear power plant, have been tortured and
remain in detention.
CASE DETAILS: (According to the information received from the Kilusan
Para sa Pambansang Demokrasya (KPD) and the Task Force Detainees of
the Philippines (TFDP))
The three human rights defenders, Rafael Limcumpao, Domingo Alcantara
and Archie Bathan, were having a meeting at a house in Samal, Bataan
when combined elements of the Philippine National Police (PNP) 303rd
Provincial Mobile Group (PMG), a unit from the Military Intelligence
and the 3rd Infantry Battalion, all under the 703rd Brigade of the
Philippine Army (PA), arrested them at 4pm on 27th May 2009.
Rafael and Domingo are peasant and community organizers respectively.
Domingo is also the husband of Kathy Alcantara, an activist who was
killed in December 2005. For details about her case, please read:
UP-160-2005
. Archie is a student leader for the Youth for National Democracy
(YND) and presently the secretary general of the Nuclear-Free Bataan
Movement (NFBM).
It is reported that around 20 police and military personnel, armed
with automatic rifles and hand guns had come to the place where they
were meeting, a house owned by Patricio Esconde, the Barangay Tanod
(village watchman).
Prior to this incident Rafael, Domingo and Archie had been planning
to organize campaigns of mobilizing several sectors to protest the
possible renewed operation of the Bataan Nuclear Power Plant (BNPP)
in the area. The group is opposed to the renewed operation as it
would have serious environmental and health implications to local
residents.
At the time of arrest, the police and military personnel shouted at
them, ordering them to lie down facing the floor. Archie, who was
caught by surprise by the incident, immediately ran outside their
meeting place towards the rice fields. However, the arresting
officers chased him and he was subsequently arrested after a warning
shot was fired.
Rafael, Domingo and Archie were kicked and hit with riffles
simultaneously while they were being searched. They were then
handcuffed. The three were separately dragged outside to two vehicles
which immediately sped away from the scene. The victims were arrested
without any arrest warrants being presented. The incident was
witnessed by neighbors and onlookers. According to them, one vehicle
was identified with markings being that of the 303rd PMG.
According to the witnesses the three victims had been dragged from
the house and the arresting officers blindfolded them by covering
their heads with their own clothing. The officers who arrested them
came in three separate vehicles. One of the vehicles, as mentioned,
was seen to belong to the 303rd PMG and there were also a police
mobile and a pick-up. The witnesses stated that the three were seen
having been forcibly and brutally pushed into the vehicles. Archie
and Rafael were taken inside the police mobile while Domingo was
taken to the pick-up.
The three vehicles were seen heading towards Balanga, Bataan, and it
was later learned that the three men were being held at the
headquarters of the PNP’s 303rd Police Provincial Mobile Group (PPMG)
in Camp Tolentino.
Soon after arriving at the camp at 6pm, the victims were taken to the
provincial hospital, but were later taken back to Camp Tolentino at
8pm after having been examined by medical personnel. While inside
Camp Tolentino, Rafael, Domingo and Archie said that they had been
tortured while the police questioned them. Their finger prints were
also taken by force and submitted to the police investigators. The
beatings continued until around 2am the following day.
Archie said that one of the interrogators hit his face with a solid
object while he was blindfolded. They also performed
“Russian-roulette” and hit his ears without warning on several
occasions. Domingo also suffered bruises to his face and chest due to
a number of blows he received while in custody. Rafael was beaten and
was suffocated by a thick plastic bag. They were told to admit that
they were members of a rebel group, the Rebolusyunaryong Hukbong
Bayan (RHB) of Marxist-Leninist Proletarian Party (MLPP).
The following day, May 28 at around 8am, the three victims were
presented before a press conference with the local journalists. When
they were presented before the journalist, the policemen arresting
them claimed they were leaders of a rebel group, and that they were
legal fronts of the said rebel group. However, at the time no formal
charges were made regarding this allegation.
The allegations of the police are similar to other incidents in the
past where activists are labeled as rebel leaders, or at the very
least accused of being legal fronts of the communist movement.
Although these allegations are rarely pursued, in the Philippines
these allegations are enough to vilify and discredit a person, in
particular human rights defenders.
At 2pm, the three men were taken to the Office of the Prosecutor
where they were charged on three counts of frustrated murder, illegal
possession of explosives and firearms. Later in the afternoon, the
victims were turned over to the Bataan Provincial Jail (BPJ).
According to relatives who had visited them, one of them, Rafael, did
have an arrest order issued prior to his arrest. However, this was not
shown to him or the charges explained to him at the time of arrest.
Abrasions on Rafaels face were still clearly visible when he was
visited at the detention center. Archies jaw was swollen and he had
abrasions on his legs where he had been repeatedly kicked at the time
of his arrest.
SUGGESTED ACTION:
Please write letters to the concerned authorities listed below
requesting them to have the illegal arrest, torture and continued
detention of these three human rights activists thoroughly
investigated. The police and the soldiers should be investigated for
arresting these individuals in absence of arrest orders and for not
explaining the nature of their charges.
The police should be asked to refrain from issuing statements
accusing the three persons as rebel leaders and fronting a rebel
group prior to charging them and to retract their previous
statements, if they fail to file charges on them on this matter.
Unless this is done, it would seriously undermine the security and
safety of these persons.
The AHRC has also written letters to the Special Rapporteurs on the
Question of Torture, human rights defenders and the Working Group on
arbitrary detention.
To support this appeal, please click here:
http://www.ahrchk.net/ua/support.ph...
Dear ________,
Re: PHILIPPINES: Police illegally arrests, tortures three human
rights defenders
Name of victims:
1. Archie Bathan, 22 years old, a student leader for the Youth for
National Democracy (YND) and presently secretary general of the
Nuclear-Free Bataan Movement (NFBM).
2. Raffy Limcumpao, 49 years old, a peasant activist.
3. Domingo Alcantara, late 40’s, he is a community organizer and
husband of Kathy Alcantara, an activist killed in December 2005.
They are all presently detained at the Bataan Provincial Jail,
Bataan.
Alleged perpetrators: Elements of the Philippine National Police’s
(PNP) 303rd Provincial Mobile Group (PMG) of the Philippine National
Police (PNP), and the 72nd Military Intelligence Company and 3rd
Infantry Battalion of the 703rd Brigade of the Philippine Army (PA)
Date and time of their arrest: 27th May 2009 at 5pm
Place of the incident: At the house of Patricio Esconde, a barangay
tanod (village watchman) in Barangay Ibaba, Bubuyog Street, Samal
Bataan
I am writing to express my grave concern over the illegal arrest,
torture and continued detention of the three human rights defenders
mention above.
When the police and soldiers, attached to the 303rd Provincial Mobile
Group (PMG) and units from the 703rd Brigade of the Philippine Army
(PA) respectively, arrested them from the residence of a local
village watchman, they neither produced arrest warrants nor informed
them of the nature of charges against them.
Although it is reported that one of them, Rafael, did have an arrest
order issued prior to the incident, it was not shown to him. The
manner of their arrest is contrary to the rules and existing
procedures on effecting arrest orders. Thus, the police and the
soldiers who took part in arresting and subsequently detaining them
are complicit to these illegal acts.
I am also extremely disappointed by the manner in which the police
and the soldiers treated these three victims after their arrest. I
have been informed that Rafael, Domingo and Archie were kicked and
hit with riffles simultaneously over several parts of the body while
they were being searched and handcuffed. They also performed
“Russian-roulette” on Archie by blindfolding him and hitting his ears
unexpectedly on several occasions. Domingo also suffered bruises to
the face and chest due to the number of blows he received while in
custody. Rafael was beaten and was suffocated by a thick plastic bag.
I have been informed that the three victims have been forced into
admitting that they are members of a rebel group, the
Rebolusyunaryong Hukbong Bayan (RHB) of Marxist-Leninist Proletarian
Party (MLPP). Also, the police, who presented them before a local
press conference reinforced these claims by accusing them of being
rebel leaders and acting as legal fronts of this rebel group—as it
has also been widely reported in the media.
Firstly, I am deeply concerned that even though the police are
claiming these persons’ alleged involvement in a rebel movement, the
fact that they did not lay the charges in a correct manner has denied
the men the opportunity to defend themselves. Thus, the police actions
have left the men little chance to clear their names.
Secondly, I am aware that the Philippine National Police (PNP) has
already been observing policies which prohibits them from presenting
in public persons suspected of or accused of crimes. However, the
case of these three victims illustrates otherwise. Thus, I urge you
to have this incident investigated and to ensure that actions are
taken against those who violated this policy.
Finally, I urge you to ensure that the victims’ allegations of having
been illegally arrested, tortured and being charged with fabricated
charges are thoroughly investigated. I have been informed that the
evidence alleged to have been obtained from the victims, for instance
the firearms and explosives, are reported to have been planted. Though
these types of allegations are nothing new it is also important to
ensure that any allegations, in particular of torture and fabrication
of charges, are seriously looked into.
Yours sincerely,
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
E-mail: corres op.gov.ph
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: chr.delima yahoo.com
or 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: bluetree73 gmail.com
4. Mr. Raul Gonzalez
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. Ronaldo V. Puno
Secretary
Department of Interior and Local Government (DILG)
A. Francisco Gold Condominium II
EDSA cor. Mapagmahal St., Diliman
Quezon City
PHILIPPINES
Fax: +63 2 925 0332
Tel: +63 2 925 0330 / 31
E-mail: rvpuno dilg.gov.ph
6. Mr. Gilberto C. Teodoro Jr.
Secretary
Department of National Defense
Room 301 DND Building, Camp Emilio Aguinaldo,
E. de los Santos Avenue
Quezon City
PHILIPPINES
Fax: +63(2) 911 6213
Tel: +63(2) 911-9281 / 911-0488
E-mail: osnd philonline.com
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua ahrc.asia
)
http://www.ahrchk.net/ua/support.php?ua=UAC-056-2009
Asian Human Rights Commission
19/F, Go-Up Commercial Building,
998 Canton Road, Kowloon, Hongkong S.A.R.
Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367
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