PHILIPPINES: Alleged torture and other ill-treatment of two minors by members of the army

Submitted by crinadmin on


[14 June 2012] - The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in the Philippines, regarding Case PHL 140612/ PHL 140612.CC alleging torture and ill-treatment, death threats, arbitrary arrest and detention, and risk of impunity. 

Brief description of the situation

The International Secretariat of OMCT has been informed by the Task Force Detainees of the Philippines (TFDP), a member of OMCT SOS-Torture Network, about the arrest and alleged torture and other ill-treatment of Mr. Elmer Ehorango Desoyo, 20 years old, and two minors, R.D.S, 17 years old and R.R., 16 years old[1], on 22 March 2012. 

According to the information received, R.D.S, R.R. and Mr. Elmer Ehorango Desoyo, who are friends, were looking for a job on 22 March 2012. Around 5 pm, they were on their way home to Sitio Tagbakan, San Andres, Quezon when they met two civilian-clothed men, believed to be members of the 74th Infantry Battalion of the Philippine Army. The two men, who were in possession of high powered guns (M16), arrested the three and blindfolded them, as well as tied their hands. They had then to lie down and crawl on the ground, while they were being kicked. Mr. Elmer Ehorango Desoyo was allegedly hit with the M16 twice on his right side and was shot near his ear with a long firearm. They were reportedly not informed of the reasons for their arrest.

Around 7 pm, R.D.S, R.R. and Mr. Elmer Ehorango Desoyo were reportedly taken by the military to a camp at Sitio Malamig, Barangay Sto., Niño, San Francisco municipality, Quezon. There, they were interrogated, while still blindfolded and half-naked. They were asked if they were members of the New People’s Army (NPA), the armed group of the Communist Party of the Philippines, and if they knew any member of the NPA. They were allegedly threatened to be killed if they would not mention any name.

The next day, on 23 March 2012, R.D.S., R.R. and Mr. Elmer Ehorango Desoyo were taken to the San Andres Police Station, where for the first time their blindfolds were taken off. They were subsequently brought to a fiscal for inquest, and were charged with illegal possession of firearms. According to the same information, they were unable to get a lawyer of their own choice and their parents were only informed about their arrest by the military once they were brought to the fiscal.

According to the same information received, R.D.S, a minor at the moment of his arrest and who turned 18 while in detention on 2 May 2012, and Mr. Elmer Ehorango Desoyo are currently detained in Quezon Provincial Jail in Lucena, where they are awaiting their trial. R.R. has been reportedly handed over to the National Training Centre for the Boys in Tanay, Rizal on 30 April 2012.

OMCT is gravely concerned for the safety of R.D.S., R.R. and Mr. Elmer Ehorango Desoyo and urges the relevant authorities to take all necessary measures to guarantee their physical and psychological integrity, at all times, in accordance with international law, in particular the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child. OMCT recalls that the authorities have to fulfil their obligations under international human rights law to protect the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment and to bringing to justice those responsible for violating this right.

In its Conclusions and Observations, issued after examining the Philippines’ report in May 2009, the Committee against Torture expressed concern over “the climate of impunity for perpetrators of acts of torture, including military, police and other States officials, (…)” and accordingly recommended to the State party to “ensure that all allegations of torture and ill-treatment are investigated promptly, effectively and impartially, and that the perpetrators are prosecuted and convicted in accordance with the gravity of the acts, as required by article 4 of the Convention”. The Committee also recommended that “the State party takes all necessary measures to address the de facto practice of detention of suspect by the Philippines National Police and the Armed Forces of the Philippines (…)” (CAT/C/PHL/CO/2, §§ 9 and 12). 

With regard to the victims R.R. and R.D.S, OMCT recalls that their arrest and detention infringe the principle according to which deprivation of liberty of a child (below 18 years old) should “be used only as a measure of last resort and for the shortest appropriate period of time” (article 37-b of the UN Convention on the Rights of the Child). OMCT also recalls that "every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age" (article 37-c of the UN Convention on the Rights of the Child) as well as the fact that the State Party must ensure that "every child alleged as or accused of having infringed the penal […] not to be compelled to give testimony or to confess guilt" (article 40-b-iv of the UN Convention on the Rights of the Child).

 

Action Requested

Please write to the authorities in the Philippines urging them to:

  1. Guarantee, in all circumstances, the physical and psychological integrity of R.D.S, R.R. and Mr. Elmer Ehorango Desoyo;
  2. Grant them unrestricted access to a lawyer of their choice and their families, as well as guarantee that they are examined by independent doctors and receive adequate medical care if necessary;
  3. Carry out a prompt, effective, thorough, independent and impartial investigation into these events, in particular into the allegations of torture and other ill-treatment, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law, particularly under the Republic Act 9745 also known as the Anti-Torture Law of 2009;
  4. Order their immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial, independent and competent tribunal and guarantee their procedural rights at all times;
  5. Guarantee that no evidence obtained under torture and other forms of ill-treatment, or threats thereof, be used in court proceedings against them as stipulated in Article 15 of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
  6. Ensure that an effective remedy as well as the right to full redress, including compensation and rehabilitation, is granted to the victims concerned; 
  7. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws, notably the Anti-Torture Law of 2009, and international human rights standards.

Addresses 

  • His Excellency Benigno Simeon Aquino III, President of the Republic of the Philippines, Malacanang Palace, JP Laurel Street , San Miguel, Manila 1005, Philippines, Fax: +63 2 736 1010, Email:corres@op.gov.ph /opnet@ops.gov.ph
  • Hon. Leila M. De Lima, Secretary, Department of Justice (DOJ), Padre Faura Street, Ermita, Manila, 1000, Philippines, Fax: +63 2 523 9548, Email: lmdelima@doj.gov.ph / doj.delima@gmail.com
  • Secretary Voltaire T. Gazmin, Secretary, Department of National Defense (DND), Camp Gen. Emilio F. Aguinaldo, Quezon City 1110, Philippines, Fax: +63 2 982 5640, Email: webmaster@dnd.gov.ph
  • Chairperson Loretta Ann P. Rosales, Commission on Human Rights (CHR), SAAC Bldg., Commonwealth Avenue, U.P. Complex, Diliman, Quezon City, Philippines, Fax: +63 2929 0102, Email:chair.rosales.chr@gmail.com
  • Lieutenant General Jessie D Dellosa, AFP, Chief of Staff, Armed Forces of the Philippines (AFP), DND Building, Camp Gen Emilio Aguinaldo, Quezon City 1110, Philippines, Fax: +63 2 421 3531, Email:bacsecretariat@dnd.gov.ph
  • Permanent Mission of the Philippines to the United Nations in Geneva, 47 Avenue Blanc, 1202 Geneva, Switzerland, Fax: +41 22 716 19 32, Email: mission.philippines@ties.itu.int

Please also write to the embassies of the Philippines in your respective country. 

 

Further Information: 

Country: 
Philippines
Issues: 
Torture and cruel, inhuman and degrading treatment
Violence: 
Torture and cruel, inhuman and degrading treatment
Tags: 
Individual cases of violations

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