Soldiers arrest, jail, torture, starve, and frame 2 Moros

Suggested letter:

Dear ________,

PHILIPPINES: Two men brutally tortured, deprived food inside a
military headquarters

Name of the victims:
1. Thos Ulimpain
2. Nasser Mendo
Both are residents of Barangay (village) Malingaw, Midsayap, North
Cotabato.
Alleged perpetrators: Several military men attached to the 6th
Infantry Battalion (ID), Philippine Army (PA) located in Cotabato
City
Place of incident: At the victims’ place
Date of incident: At around 5:00am on 3 May 2007

I am writing to draw your attention to the case of two men, Thos
Ulimpain and his cousin Nasser Mendo, who were allegedly illegally
arrested, detained and tortured by the soldiers. Ulimpain and Mendo
were arrested from their village in Midsayap, North Cotabato on 3 May
2007 over alleged inconclusive intelligence report they are involved
in plotting bomb attacks in Central Mindanao. When the soldiers went
to arrest them, they had the victims’ house illegally search
without their permission or showed any warrants for them to do so.

The soldiers have supposedly recovered from the victims’ house
a round of 105mm Howitzer ammunition. However, there are allegations
it could have been planted considering the victims’ denial that
they own it, and that they themselves were surprised by ammunition
being recovered from their place. The victims and the supposed
evidence were subsequently taken to the 6th Infantry Division (ID),
Philippine Army (PA) headquarters in Awang, Cotabato City.

When the two victims arrived at the headquarters, they were taken
separately in secluded areas where they are alleged to have been
brutally tortured and denied food ration for about two days. The
victims were repeatedly beaten in different parts of their bodies to
force them into admitting they own the ammunition recovered from
their house, and that they are involved in illegal armed groups. One
of the victims, Ulimpain, frequently fainted and lost consciousness
when he was tortured.

I am completely shocked of this incident. Firstly, for soldiers to
carry out police functions, in particular carrying out arrest and
searches is completely unacceptable. This is purely a police function
and the soldiers has no business at all to take over the police’
duties and responsibilities. I am also disappointed by the
soldiers’ blatant failure to explain to victims the nature of
charges, should there be any, and why they are being arrested. They
also did not show any warrants giving them permission to conduct
searches on the house. They were also denied services of counsel and
were questioned without their legal counsel.

Secondly, I have also learned that the arrest of the two victims was
prompted by intelligence reports from the field they are plotting
bomb attacks. I am deeply concerned however by the manner how the
military leadership is dealing with this inconclusive report. I am
deeply concerned that often these reports are given weight; for
instance in this case, resulted to the victims’ arrest and
detention.

I am aware that in the past, the military’s intelligence
informants have had experience of passing on flawed and inconclusive
reports. As you are aware, when development worker Uztadz Kusain
Abedin was arrested in August 4 last year in Cotabato City, an
intelligence asset also reported implicating him plotting bomb
attacks. This, however, was never proven and the victim was released
without charged. I am deeply concerned that this is the case of two
men again.

I am aware that this is not the first time where suspected persons,
most often the Muslim minorities, are being arrested over plotting
bomb attacks, or being responsible to incidents of bombing. I have
learned however that in the past, those who had been arrested have
either been exonerated, released by the court and the charges against
them dismissed for lack of evidence. But all of those persons though
have suffered brutal torture, including suffocation and
electrocution, by those who subjected them for questioning while in
their custody. I am aware though that none of military or policemen
involved had been prosecuted.

I completely reject this continued arbitrary and abusive practice by
the soldiers, in particular the elements of the 6th ID and their men
involved in this case. I have learned that arresting, detaining and
brutally torturing suspects, had become a common practice by these
soldiers, yet none of them were held accountable or prosecuted. The
soldiers are usurping the police’ function by conducting arrest and
detention which are not part of their duties. The soldiers cannot be
allowed to intervene into the affairs in the policing system of the
civilian government.

I therefore urge you to ensure that the victims’ allegations of
torture are properly investigation by a credible body. The soldiers
involved must be subjected to investigation to answer allegations
against them. If there be no evidence against the victims, they must
be release unconditionally. I also urge you to ensure that adequate
treatment and rehabilitation is afforded to the victims while in
detention for their full recovery inside the jail.

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

2. Mrs. Purificacion Quisumbing
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Tel: +63 2 928 5655 / 926 6188
Fax: +63 2 929 0102
Email: drpvq@yahoo.com

3. Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2 726 4361/4366/8763
Fax: +63 2724 8763
Email: bluetree73@gmail.com

4. Mr. Emilio Gonzalez
Deputy Ombudsman
Office of the Deputy Ombudsman for the Military
and Other Law Enforcement Offices
3rd Floor, Ombudsman Bldg., Agham Road, Diliman
1104 Quezon City
PHILIPPINES
Tel: +632 926 9032
Fax: +63 2 926 8747
Email: omb1@ombudsman.gov.ph

5. Mrs. Esperanza I. Cabral
Secretary
Department of Social Welfare and Development
3/F DSWD Building, Batasang Pambansa Complex,
Constitution Hills
Quezon City
PHILIPPINES
Tel: +63 2 931 7916 / 931 8068
Fax: +63 2 931 8191
Email: eicabral@dswd.gov.ph

6. Gen. Hermogenes Esperon
Chief of Staff
Armed Forces of the Philippines (AFP)
AFP-GHQ Offices, Camp Gen. Emilio Aguinaldo
Quezon City
PHILIPPINES
Tel: +63 2 911 6001 to 50
Fax: +63 2 911 6436

7. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org )

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