AFP fails to present detainees
by Norman Bordadora
Philippine Daily Inquirer
Despite a writ of habeas corpus issued by the Supreme Court, the military and the police failed to present before the Court of Appeals Friday the 43 health workers arrested on Feb. 6 on suspicion of being members of the communist New People’s Army (NPA).
Statement of the CHR Chair Leila de Lima:
Based on our team’s follow up interview with, and our own doctors’ physical check up of, the detainees last Thursday, February 11, no allegations and traces of physical torture. There’s one though who claims that during interrogation, he felt some twitching of his thighs which he attributes to some form of electric shock. He also claims to have smelled a gas-like substance. Some male detainees have injuries in their wrists due to tight handcuffs. About two (2) of them have injuries surrounding the eye area due to tight blindfolding.
Our initial findings of mental/psychological torture REMAIN, i.e., continuous blindfolded and handcuffed for 36 hours, the resultant indignities (somebody else feeding them or removing their under wears, forced to wear pampers), repeated interrogations using scare tactics like making them believe that they can be killed or disappear anytime or that something will happen to their families if they don’t cooperate. Also, repeated denial to right to counsel at the time of the arrest, during interrogations and inquest. We also learned that interrogations at odd hours midnight continued even after our first visit last February 8. I immediately called the attention of Gen. Segovia about that. He said he would look into it.
Based on our team’s interview with the two (2) barangay kagawads who accompanied the raiding team and witnessed the search, there appears to be NO indication of planting of firearms or other evidence. I hasten to add though that we’re not prepared at this point to completely rule out such planting of evidence. A further probe is needed on this. I also agree with the detainees’ counsels, and I said this before, that the search warrant is patently defective on its face.
AFP’s failure to produce the 43 detainees at yesterday’s hearing is really a dangerous precedent in our justice system. The cited reason, lack of material time to prepare for transit the so-called high-risk detainees, to my mind, is not a valid one. It goes against the very essence of a writ of habeas corpus. If the AFP authorities had the will to obey the order, they could, with best or earnest efforts, have done so. A contempt citation would have been in order. I just hope and pray that between yesterday and the next hearing on Monday they’re no longer subjected to further interrogations, mental torture, indignities and other human rights violations. May I take this opportunity to issue this stern warning to the AFP authorities and detention officers/personnel to CEASE AND DESIST form performing such and similar acts. Irrespective of who they are, alleged NPAs or not, they all have human rights. No one deserves to be treated inhumanely.
Col. Aurelio Baladad, the representative of the military at the habeas corpus hearing, told the appellate court that there was no time to coordinate security measures for the health workers’ transfer from Camp Capinpin in Tanay, Rizal, to Manila.
Associate Justice Normandie Pizarro said the “essence” of the writ was “immediacy,” and that the failure of the respondent military and police officers to comply with the Supreme Court’s order might set a dangerous precedent on how habeas corpus orders would be dealt with in the future.
“You are the biggest armed group in the country. That is your job. That is your problem. You have to produce the living bodies,” Pizarro told Baladad.
The First Division chaired by acting Court of Appeals Presiding Justice Portia Alino-Hormachuelos is hearing the habeas corpus case. The other member aside from Pizarro is Associate Justice Francisco Acosta.
Asked to explain the noncompliance with the high court’s order that the 43 detainees be presented to the appellate court on Friday, Baladad said the military received a copy of the directive issued on Wednesday only on Thursday.
“They are high-risk…,” he said of the detainees. “It takes time to arrange security.”
Charges filed
The “Morong 43”—including 62-year-old Dr. Alex Montes and Dr. Merry Mia-Clamor—were taking part in a health training seminar at a rest house in Morong, Rizal, on Feb. 6 when a military and police team raided the premises and arrested them.
The raiders claimed to have found explosives at the seminar venue and accused the health workers of being NPA members.
The Health Alliance for Democracy and the Community Medicine Development Foundation, of which many of the health workers are members, have said that they were held incommunicado from Feb. 6 to Feb. 8. There were also allegations of sexual harassment and even torture.
Assistant Solicitor General Renan Ramos yesterday told the appellate court that appropriate charges were filed against the health workers on Thursday.
“The proper remedy is a motion to quash,” Ramos said, indicating that the habeas corpus case no longer applied to the case of the health workers.
But Pizarro said the spirit of the law on the writ of habeas corpus was in part to immediately present the subjects of the petition and show “whether they are still complete.”
“The essence of the writ is immediacy. It might send the wrong signal that in the future, we may not produce the bodies [of the subjects of the writ] for the reason that they have yet to coordinate with the [Philippine National Police for security measures],” Pizarro said.
“I just could not let this pass,” he said.
No contempt citation
Nonetheless, the appellate court’s First Division ruled to reset the hearing on Monday, with a guarantee from the lawyers of the Office of the Solicitor General and the military that the 43 health workers would be presented then.
But there was no citation for contempt, and the health workers’ lawyers did not seek it.
Longtime human rights lawyer Romeo Capulong, one of the members of the defense panel, instead asked that the health workers be released if the appellate court would reset the hearing.
“Right now, their rights are being violated,” Capulong told the appellate court in reference to the health workers’ continued detention despite the Supreme Court’s order.
Capulong later told reporters that his motion for the release of the detainees upon the resetting of the hearing was tantamount to asking the court to cite the respondents for contempt.
“As you saw, the mood of the hearing was very tame … Ganun na rin ’yon (It amounts to that),” Capulong said of his motion for the detainees’ release.
Character assassination
Baladad explained that the sheer number of the detained health workers required certain precautions for their transportation from the military camp to the Court of Appeals.
“Some of them have participated in armed encounters,” he added in stressing the need for tight security for the transfer.
But Capulong told Baladad off, saying the latter should not resort to “character assassination” and that the allegation was “utterly false.”
Capulong asked the court to strike Baladad’s remarks from the record, but was told that his request would be taken “under advisement.”
A number of lawmakers attended the hearing, along with the lawyers, relatives and friends of the health workers.
Sen. Ma. Ana Consuelo “Jamby” Madrigal, an independent presidential candidate, was present, as were Representatives Satur Ocampo and Liza Maza of the party-list groups Bayan Muna and Gabriela, who are both senatorial candidates of the Nacionalista Party (NP).
‘Barbaric’ acts
Madrigal, who chairs the Senate committee on peace, said she was planning to visit the 43 health workers at Camp Capinpin this weekend.
In a statement, she condemned the “acts of torture” purportedly committed on them as “barbaric,” and said being a member or supporter of the NPA was “not an excuse to torture a person.”
“Even assuming that the Armed Forces has evidence on these health workers, they still have civil and political rights which must be respected,” she said.
Madrigal called on the military leadership to look into the allegations of torture.
“I have noticed as well that there seems to be a rise in the military clampdown on so-called Left-leaning individuals and people’s organizations,” she said, adding:
“Why is this being done during the election period? Is this an attempt to prevent the victory of genuine people’s candidates and party-list groups in the [May elections]?”
Officers violated law
In his own statement, Ocampo said the ordeal suffered by the 43 health workers in the hands of the military was in itself a form of torture.
“It’s barbaric, inhumane and against the law,” he said, and called for the immediate relief of the officers and men involved in the “abduction” of the health workers.
“There is no defending or justifying this. The AFP officers and personnel violated Republic Act No. 9745, the Anti-Torture Act. Regardless of the false charges the AFP is making against the 43 health workers, to subject the civilians to various forms of psychological and physical torture is barbaric,” he said.
Ocampo is the main author of RA 9745, which was enacted on Nov. 10, 2009.
“The AFP simply violated this law, among others. [The health workers’] illegal detention, blindfolding, interrogation, threatening, and other acts against the Morong 43 are clearly defined as forms of torture in Section 4 of RA 9745,” Ocampo said.
“Criminal cases against the AFP officials and soldiers who participated in the abduction, illegal detention and torture of the health workers must be immediately initiated by the Department of Justice,” he said.
Ocampo also called on the government to immediately release the health workers and drop all charges against them.
‘Help, not harass’
Sen. Loren Legarda, the NP’s vice presidential candidate and chair of the Senate committee on health, joined the call for the prosecution of the arresting team.
“I express my deep concern for the health workers who, according to the CHR (Commission on Human Rights), were abused or tortured psychologically by the apprehending authorities,” Legarda said at a press conference.
“I put more importance on barangay health workers, community-based health workers, those who do outreach in the villages, but became victims of military harassment and even accused as NPA rebels. We should not harass them, but help them. We should not torture them. We should teach them and assist them,” she said.
Legarda called on the CHR to investigate the authorities involved, and if evidence is found, to file the necessary charges.
Evidence
The late dictator’s son and namesake weighed in on the case of the arrested health workers.
At a campaign sortie Friday in Tanza, Cavite, Ilocos Norte Rep. Ferdinand Marcos Jr., an NP senatorial candidate, said the military and police should have enough evidence to keep the health workers in detention.
“There are always two sides to a case. We have to look at both sides and study … the evidence, the basis of this arrest, and see if [it’s] sufficient. But if it is not, they should be set free,” Marcos Jr. told reporters.
Thousands of activists disappeared without a trace or were tortured and killed during martial law period under Marcos Jr.’s father.
To this day, the kin of the martial law victims, including Satur Ocampo, continue to seek compensation from the Marcoses.
With reports from Jerry E. Esplanada, Michael Lim Ubac and Nikko Dizon and Alcuin Papa
Will the AFP do SC’s bidding?
They didn’t in Jonas Burgos’ case — and that’s just one body, what more with 43 bodies.
I like Marcos’ jr’s answer (unlike Legarda’s) — no turning around the bush, telling it like it is.
True. But what happened to the civilian authority over the military in this case? Di ba contempt ito?
Better if the young Marcos include in his statement to cite the military in contempt if they don’t present the 43 health workers, whether communist or not, in court!
Jamby’s statement is equally straight to the point:
“Even assuming that the Armed Forces has evidence on these health workers, they still have civil and political rights which must be respected.”
And level-headed.
There were also allegations of sexual harassment and even torture.
Torture? I’d like to know how they were tortured. Baka kiniliti lang e torture na daw.
Anyway, I agree, the AFP must produce them. Full stop!
And on the brighter side, the 2010 Winter Olympic Games opening ceremonies is starting. Ladies and Gentlemen, welcome to the Vancouver Winter Games!!!
we still have NPA’s in Philippines? my goodness… Are these health workers registered as members of a legitimate NGO’s? do the mayor, congressman or its local police force have direct information on what these healthworkers true advocacy like their goal and mission to the community aside from healing health ? what NGO do they work for? are they license healthworkers that report to the local health department? Is the volunteer work registered or anybody can volunteer on a day to day basis without regulation?
i mean, who regulates licensing of a healthcare volunteer? do the healthcare workers have volunteer ID to show? or permit to use a certain house as the meeting place?
I think, it’s time for the government to regulate unknown activities if this is the case.
hindi puedeng mag volunteer ka lang without telling the local government or even ask permission. it can be interpreted as an illegal act especially if the healthcare workers are not familiar in a day to day basis. The local police force will have difficulty of determining whether a healthcare volunteer is registered. There must be a database of healthcare volunteers in our system.
Was there an instance in the past before Gluerilla’s time when the military disobeyed the supreme court of the land?
Bakit nga susundin ng militar e pareho lang naman silang mga tuta ni Gloria, magkapantay lang sila lahat.
Iyan ang legacy in Gloria Arroyo, wasak at nawalan ng halaga ang mga institusyon ng pamahalaan.
The problem now with our rotten bureaucracy is that our Military & Police does not fear anymore with our laws. Regardless if the higher courts compelled them to do so. Why? Because of this tiny little bitch!
Kumilos na namam ang mga magbubukid ni PANDAK,upang magtanim ng ebidensya sa kaawang inosenteng mga mamayan upang tumolung sa mga nangailangan mamayan,dahil sa hindi maibigay ng pamahalaan na bunga ng mga bayani ng EDSA DOS.Siguro ang tingin ng mga kinauukalan uto-utoridad sa botelya ng gamot ay isang sangkap ng pampasabog,laking mga tanga ang mga hinayupak,kaya pala ang iyon sandata ay di magamit sa kabutihan dahil kayo ay pinamumunuan ng dakilang inutil sa tungulin.Lagyan pa ng estrella sa balikat ang PUNO iyan baka pati paslit na nagkalat sa lansangan ay NPA,dahil iyon ay mga NO PERMANENT ADDRESS citizen.
Isa pa sa aking na pansin ay boung pamunuan ng lakas ay ang kanilang pagkanlong sa kanilang kabaro,sa kaso ni Corpuz,isa na PMA’er,deserter and defector sa kalaban ng ESTADO,ay binigyan ng pagkakataon makabalik sa SERBISYO,at itinaas pa ng tungkulin at estrella pa ang kapalit dahil sa pagtataksil sa sinumpaan tungkulin,baligtad yata ang utak ng mga puno ng Sandahan Lakas,he he sa ibang bansa pag ikaw ay nagtaksil sa iyon mga pinaglilingkuran,ang malaking gatimpala sa iyo ay BALA.at isang nakakasulukasok na pahayag upang ang iyon pamilya magdusa ng walang katapusan.
“AFP’s failure to produce the 43 detainees at yesterday’s hearing is really a dangerous precedent in our justice system.”
Agree, if the AFP and SC are not under Gloria’s mercy.
There have been many “dangerous” precedents already, Gloria Arroyo does not care.
Anti-Subversion Law (RA no. 1700), an act to outlaw the Communist Party of the Philippines and similar organization was repealed in 1992. A mere NPA membership is no longer a crime. The Armed Forces ni Pidal (AFP) is above the law.
Kung hindi kaya nang military magbigay ng security sa 43 na tao, ano ang kakayahan nila para magbigay ng security sa buong bansa?
Quuestion daw: “Was there an instance in the past before Gluerilla’s time when the military disobeyed the supreme court of the land?”
ctI don’t think they were ever put in such a situation..ngayon lang..kahit na noong panahon ni Marcos..Marcos had a high respect for the Supreme Court and the constitution..isang siya mahusay na abogado..si gloria ay economist kahit may doctorate pa..isa siyang abogago..hindi siya abogado..si Fat Boy ang abogado at Atenista pa…Is a good abogado or is he another abogago?
Chinese New Year ngayon..kaya to the Fat Boy ..Go Home Fat Boy! Pungko Ka lang dira kag maghipus!
Military fear NPA rescue attempt as ‘Morong 43’ due in court
“We received, have information…There is really a possibility that the New People’s Army will launch a rescue because those we arrested in Morong, Rizal are high-value targets,” said Armed Forces’ public affairs office chief Lt. Col. Romeo Brawner in a statement.
http://www.abs-cbnnews.com/nation/02/14/10/military-fear-npa-rescue-attempt-morong-43-due-court
Eh, di mas maganda.
Kapag nagkatotoo ang halusinasyong ito ni Bow wow-ner eh di may ebidensiya na silang En Pi Eh nga ang 43 na ‘yun.
Bow wow-ner, may utak ka ba? O, baka naman ‘yang utak mo nasa puwet na. Kapag umuutot ka ay tumatalsik ‘yung iba.
O, baka naman kaya ang laman ng kukote mo ay TAE na!
Tanga!
Sige reds, do a rescue attempt na at nang mapatunayan na kung en-pee-ey nga sila. Mas madali yan kesa sa utos ng Supreme Court na iniirapan lang ng militar.
it seems to me that the Armed Forces of Pidal are more supreme than the supreme court jutices..kaya wa;a tayong maasahan but just tiis..sa binasaya antos my love…
kailan pa naman sumusunod ang kasundaloan sa constitution, kahit nga sa kagitingan, wala pa.
Its a quandary actually, these detained healthworkers if released without due consideration to their safety will be vulnerable to attack by the NPA, if they are innocent – to embarass/humiliate the AFP, and if they really are NPA, they can still be killed by their own if suspected that they talked…revolutionaries are known to eat their young…either way, its not as easy as anyone would think…
Valdermar, siguro sa kasalukuyang panahon lang kung kailan talamak ang pulitika sa loob at labans ng burukrasya. May ilan kasing mga opisyal lalo ‘yung ibang heneral na matagal nang ipinagbili ang karangalan sa nagre-reynang bruha.
MPR,
Thought all of them without exception sold their souls when they reneged on their constitutional loyalty and embraced her promised land that we have now.