URGENT ACTION: Illegal detention and torture of 5 youths in Isabela, Philippines

[Fátima Lasay]

This is only one of so many reports of human rights violations investigated 
by the KARAPATAN (Alliance for the Advancement of People’s Rights) in the 
Philippines. The international community and most especially the many 
Filipinos living overseas who are genuinely concerned about what is going 
on in the Philippines but feel helpless, hopeless or feel pity for all the 
Filipinos still in the country bearing the brunt of the worsening 
political, social and economic conditions might at least be able to do 
something by finding out what is going on in the country and sending 
communications to the President of the Philippines, the Presidential 
Adviser on the Peace Process, the Chairperson of Commission on Human 
Rights, and the Secretary of Department of National Defense.

Salamat!
Fátima

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Date: Thu, 27 Nov 2003 00:03:59 +0800
From: "stravinsky"
Subject: URGENT ACTION: Illegal detention and torture of 5 youths in 
Isabela, Philippines

UA Date: 22 November 2003
UA Title: 5 YOUTHS ILLEGALLY DETAINED AND TORTURED IN ECHAGUE, 
ISABELA,PHILIPPINES
UA Case: Illegal Detention and Torture

I. Victim: Joana Marie Anacan
· female
· 19 years old, single
· a resident of Blk. 4 Lot 7 Dexter Legacy Malagasang, Imus, Cavite, 
Philippines
· injured on the left side of her hip

Melchor Santos
· male
· 23 years old, single
· resides Pandacan Viata Rd. 2, Manila

Jasmin Abaoag
· female
· 20 years old, single

Leon Punzillan
· male
· 16 years old, single

Marcelo Tumbali
· male
· 20 years old, single

II. Place of Incident: San Dionisio Maddela, Quirino, Isabela, Philippines

III. Date of Incident: 10 November 2003

IV. Perpetrators: Elements of the 52nd and 53rd Infantry Battalion of the 
Philippine Army (IBPA) under the 502nd Brigade under the command of Col. 
Rogelio Rosete based in Camp Melchor, Suyong, Echague, Isabela, Philippines

V. Account of Incident:

On November 11, radio reports from Bombo Radio reached KARAPATAN-Cagayan 
Valley that an alleged encounter between the 52nd and 53rd IBPA and New 
People’s Army rebels happened San Dionisio, Maddela, Quirino, Isabela, were 
two alleged rebels died and three were captured.

The following day KARAPATAN-Cagayan Valley (CV) immediately formed a Quick 
Reaction Team composed of representatives from Bayan Muna-Isabela Chapter, 
Bayan-Cagayan Valley, Clergy Laity Formation Program (CLFP) and some church 
people. The group went to the 502nd Brigade to confirm the statement made 
by Capt. George Domingo in the radio report.

The team reached Camp Melchor, where the 502nd was based at 1:30 that 
afternoon. They spoke with Col. Fernandez who told them that two of the 
three alleged New People’s Army (NPA) rebels whom they captured were 
injured. Joana Anacan had a wound on her hip and Melchor Santos was injured 
on his right neck and thigh. Both were at the Military hospital while 
Jasmin Abaoag was separately detained.

At 2:15 PM Capt. George Domingo, head of the Regional Special Operations 
Team (RSOP) brought the group to the wounded Joana and Melchor. The 
hospital had 25 beds and a small information area. Joana was the only 
female patient in the nearly filled-up hospital.  When the group entered 
the place, unidentified men in civilian clothes counting to at least 10, 
mostly wearing checkered shirts and all of them carrying either digital 
cameras, video recorders and cellphones greeted them. They openly took 
pictures of the team visiting Joana and Melchor. When Capt. Domingo and the 
nurses where asked to request the men to refrain from taking pictures of 
them. Capt. Domingo and the nurses only managed to tell them that they did 
not know the men and had no right to stop them from doing what they were 
doing.

The team was able to talk with Joana who told them that Capt. Domingo 
brought her to the 502nd Brigade by on Nov. 11, 2003 at 7PM. Since then she 
had been visited by different military officials, among them Capt. Domingo, 
General Bagasin, Col. Rosete and Col. Gumaro.  The following day, Nov. 12, 
a certain Gani who claimed to be from the FBI came and took a picture of 
her. the ABS-CBN crew also came at the brigade to interview them but failed 
to get any relevant information. According to Joana, Col. Rosete even 
pulled Jasmin’s hair when she refused to consent to an interview with ABS-CBN.

After talking with Joana, the team went to look for Melchor but Capt. 
Domingo said that he was brought to Santiago City for an x-ray examination; 
After lunch the group decided to look for Jasmin, but Capt. Domingo said 
that Col. Arcillas just brought her to the Philippine National Police (PNP) 
in Echague to turn her over to their custody. Then later on will be brought 
to the PNP in Maddela because that was where she was captured. With this, 
the group decided to proceed to Echague. They went to Mayor Leoncio Kiat to 
seek his assistance. Mayor Kiat called on the Chief of Police who in turn 
said that nobody was turned over to they’re custody nor did they receive 
any report from the 502nd Brigade that there were detainees who were 
captured in Maddela. Mayor Kiat also said that he did not receive any 
similar report from the 502nd Brigade.

The group went back to the 502nd Camp where Capt. Domingo reiterated his 
previous claims that Jasmin was no longer in the camp and was transferred 
to Maddela. He also said that if they wanted to be sure, they can check 
with Col. Arcillas, but they have to wait for him until 7:30 PM that day.

It was already at 4:00 PM when the group was finally able to talk to 
Melchor. Similar to what happened with Joana, they were once again being 
photographed by the civilian clad men who were in the hospital. Where it 
not for Delai Padilla’s protestations the hospital staff wouldn’t have 
stopped the men from continuing with their activity.  But they still 
insisted that they did not know this people and had no right to stop them 
from doing what it was they were doing.

The group found out that Melchor was captured on Nov. 10 and was brought to 
the military camp the following day. He was heavily tortured into admitting 
that he was a rebel. On Nov. 12, the military brought him to the Santiago 
City Hospital for some X-ray examinations but the results were yet to be 
released.

The interviews ended at 5:30 PM with Capt. Domingo still insisting that 
Jasmin was not detained at the 502nd Camp.

The group then proceeded to office of the PNP in Echague and spoke with 
Chief Police Inspector Edward S. Bayani. Who told them that nobody was 
brought to their office but that Col. Arcillas did pass by to ask on how to 
make a waiver of detention. They did not see if there was anybody else with 
him when he came to visit the police headquarters.

At 6:00 PM the group was also able to interview Judge Ramos who said that 
Col. Arcillas also came to him to ask how to make a waiver of detention 
because he wanted to prolong the detention of those whom they captured, 
particularly Jasmin and Joana. The judge gave Col Arcillas a proforma copy 
and told him of the process, stressing that the document should be signed 
in the presence of a lawyer and a civilian, not a military and that it 
should be signed willingly.

On Nov. 13, at 10 AM the group along with the family and relatives of the 
detained, a barangay kagawad of San Agustin, church people and Atty. Albert 
Pawingi went back to the camp to visit the detainees again. This time the 
soldiers were being difficult to deal with. They were told to return at 
5:00 PM but would only be allowed to stay at the gate. They need to ask 
permission from an official, but when asked who the official was they also 
refused to tell them. When the lawyer and families persisted a certain 
Officer Lazaro told them “If you continue insisting something bad will 
happen!” simultaneously toting their guns at the team.

At exactly 6:30 PM Col. Rosete came. The group suggested that they visit 
the camp hospital again. This time, Col. Rosete only allowed the families 
and relatives of the detained to enter the hospital, those who were not 
relatives were strictly prohibited from joining the families.

While inside, Col. Rosete asked for the ID cards of the family members, but 
they failed to produce these because they were in a hurry to go to their 
children.

Joana’s parents had a difficult time talking to their daughter because they 
were surrounded by quite a number of soldiers. They even requested to have 
Joana transferred to another hospital, but the soldiers refused saying that 
she was already being well attended to by doctors in the military hospital.

Joana told her parents that the military forced her to sign a waiver, which 
indicated that they (detainees) were requesting to be detained indefinitely 
at the camp.

When Benjamin Abaoag spoke with his daughter Jasmin, she told him that she 
was brought to the camp on Nov. 10. She was in solitary confinement from 
that time on and was frequently visited by military officials. She was only 
allowed to go out once to attend mass.

Atty. Pawingi on the other hand was not allowed to accompany the families 
to their children. He remained in the office of Col. Rosete during the 
entire time.  Col. Rosete also did not mention the fact that there were two 
more detainees with them ­ Leon Punzillan and Marcelo Tumbali. The team 
left the camp at 8:30 PM with no knowledge on where the other two were.

On Nov. 15, at 5:02 PM, the KARAPATAN-Cagayan Valley group, along with the 
families were able to get inside the camp. Capt. Domingo was forced to meet 
with them while Col. Arcillas refused to see them. They also got news from 
Melchor that he saw Marcelo inside the camp with bruises all over his body.

The following day Marcelo was finally surfaced. His father was able to 
speak to him and he confirmed that he was indeed tortured by the military 
soldiers.

On Nov. 17. Marcelo was again kept away from his father and the KARAPATAN 
group. They were told by the military that he will be brought somewhere far 
and will be charged with illegal possession of firearms and Molotov as well 
as rebellion.

Leon Punzillan is also another detainee who has not been seen by the group, 
he is a minor.

On Nov. 19, charges were made against the five illegally detained 
individuals ­ Illegal possession of firearms and explosives and direct 
assault. They were told that the charges were made since Nov. 17, at the 
Regional Trial Court of the provincial prosecutor in Cabarungis, Quirino.

It was also reported that the paper contained a “directive” for Col. Rosete 
to have custody of the persons pending the completion of the investigation.

RECOMMENDED ACTION:

Send letters, emails or fax messages calling for:

1. The immediate formation of an independent fact-finding and investigation 
team composed of representatives from human rights groups, the Church, 
local government, and the Commission on Human Rights that will look into 
the illegal detention and torture of Joana Anacan, Melchor Santos, Jasmin 
Abaoag, Leon Punzillan and Marcelo Tumbali;

2. The prosecution of the perpetrators of illegal detention and torture as 
well as investigations of other atrocities committed not only by the 502nd 
Brigade of the Philippine Army but by its other units in different parts of 
the country as well.

3. The immediate and proper indemnification of the family/relatives of the 
victims; and

4. The Philippine Government to be reminded that it is a signatory of the 
Universal Declaration of Human Rights and that it is also a party to all 
the major Human Rights instruments, thus it is bound to observe all of its 
provisions.

You may send your communications to:

H.E. Gloria Macapagal-Arroyo
President of the Republic
Malacanang Palace,
JP Laurel St., San Miguel
Manila Philippines
Voice: (+632) 564 1451 to 80
Fax: (+632) 742-1641 / 929-3968
Cell#: (+ 63) 919 898 4622 / (+63) 917 839 8462
E-mail: corres at op.gov.ph / opnet at ops.gov.ph

Hon. Teresita Deles
Presidential Adviser on the Peace Process
7F Agustin Building I
Emerald Avenue
Pasig City, Philippines
Voice: (+632) 636 0701 to 0766
Fax: (+632) 638 2216
Email: aguila_6 at yahoo.com

Hon. Eduardo R. Ermita
Secretary, Department of National Defense
Camp Emilio Aguinaldo
E. de los Santos Avenue,
Quezon City, Philippines
Voice: (+632) 912-9281
Fax: (+632) 911 6213

Hon. Purificacion Valera Quisumbing
Chairperson, Commission on Human Rights
SAAC Bldg., UP Complex
Commonwealth Avenue
Diliman, Quezon City
Philippines
Fax: (+632) 929 0102
Email: drpvq at chr.gov.ph

Please send us a copy of your email/mail/fax to the said government 
official to our address below.

URGENT ACTION Prepared by:

KARAPATAN (Alliance for the Advancement of People’s Rights)-National Office
43 Masikap St. Barangay Pinyahan, Quezon City 1100 PHILIPPINES
Voice: (+632) 435 4146 / Fax: (+632) 928 6078
Emails: <krptn at philonline.com.ph> / karapatan at edsamail.com.ph
Website: www.karapatan.org


Fátima Lasay http://digitalmedia.upd.edu.ph/digiteer/