Pastor Berlin Guerrero, from the United Church of Christ in the Philippines has this week addressed the UN Committee Against Torture in Geneva, Switzerland.

BY RONALYN V. OLEA
Bulatlat

Two survivors of torture and leaders of the human rights group Karapatan (Alliance for the Advancement of People’s Rights) would expose the abuses of the Philippine government before the United Nations Committee Against Torture.

The Committee Against Torture monitors the compliance of state parties to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT ^[1]).

The UNCAT defines torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.”

The Convention was adopted and opened for signature ^[2], ratification and accession by General Assembly resolution 39/46 of 10 December 1984. The Philippines has been a state party to the UN Convention against Torture (UNCAT) since June 18, 1986 .

The Committee Against Torture ^[3] will hold its 42nd Session from 27 April to 15 May 2009. The Philippine government would present its second periodic report to the UN Committee Against Torture on 28 April 2009 a.m. and on Wednesday, 29 April 2009 p.m.

The Philippine delegation ^[4] would be headed by Executive Secretary Eduardo Ermita as chairman of the Presidential Human Rights Committee of the Philippines. Ermita is also a member of the Cabinet Oversight Committee on Internal Security (COCIS) and of the Inter-Agency Legal Action Group (IALAG), two bodies that direct the counter-insurgency program of the Arroyo government.

Determined to counter the Philippine government’s report, Raymond Manalo and Pastor Berlin Guerrero of the United Church of Christ in the Philippines (UCCP), along with Karapatan secretary general Marie Hilao Enriquez and Karapatan special counsel Edre Olalia, left for Geneva, Switzerland, April 24. They would face the members of the Committee Against Torture on April 27 in the afternoon.

Raymond and his brother Reynaldo were abducted on Feb. 14, 2006 in San Ildefonso, Bulacan, and were detained in three military camps and two safe houses. They were first brought to Fort Magsaysay, Laur, Nueva Ecija before being transferred to Camp Tecson in San Miguel, Bulacan and later in a safehouse in Zambales. They were again transferred to the headquarters of the 24th Infantry Battalion of the Philippine Army in Limay, Bataan and finally, to another safehouse in Pangasinan where the brothers escaped on Aug. 13.

Raymond said they were subjected to various forms of torture ^[5] during their captivity.

The Supreme Court, in its decision ^[6] to grant the brothers the writ of amparo, said that it found Raymond’s account “harrowing” as well as “clear and convincing.”

Meanwhile, Guerrero was abducted on May 27, 2007 in Biñan, Laguna allegedly by elements of the Naval Intelligence Security Forces. In an affidavit, the pastor ^[7] said he was tortured in a safehouse before he was brought to the Philippine National Police’s (PNP) Camp Pantaleon Garcia in Imus, Cavite.

In its resolution, Sept. 11, 2008, the Court of Appeals (CA) Third Division ordered his release to the custody of his lawyers, former Senator Jovito Salonga and Emilio Capulong Jr.

Torture as a policy

In an interview with Bulatlat, Enriquez said, “Torture is widely used by the state. It has in fact become a policy.”

Based on the data gathered by the Karapatan documentation team, there have been 1,016 victims of torture from 2001 to March 31, 2009.

Enriquez said there could be more unreported incidents of torture.

The human rights leader added that the state employs torture along with extrajudicial killings enforced disappearances for its counter-insurgency campaign. “Most of the victims are ordinary citizens, activists and human rights defenders.”

Enriquez said they would also cite particular cases such as the sexual assault against Angelina Bisuña Ipong ^[8] a political detainee who has been languishing in jail since March 8, 2005 and the abduction, torture and murder of Rebelyn Pitao ^[9], daughter of New People’s Army commander Leoncio Pitao, also known as Kumander Parago.

Just for show

Enriquez slammed the Philippine report ^[10] as but for show.

“ Natatawa ako sa report nila. Puro batas ang tugon,” (Their report is laughable. Their response was a recitation of laws) said Enriquez.

She said that the handling of the police in the Failon case reveals so much of the violation of Republic Act 7438 ^[11] or An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial Investigation as well as the Duties of the Arresting, Detaining and Investigating Officers, and Providing Penalties for Violations Thereof.

The police had been investigating the death of Failon’s wife Trinidad Arteche Etong before the case was transferred to the National Bureau of Investigation. Failon is a news anchor and former congressman who is known for his hard-hitting commentaries against the police and the Arroyo government.

Enriquez said, “That law [RA 7438] is observed almost all the time in violation.”

Enriquez continued, “They even included in their report the Human Security Act.”

Human Security Act or Republic Act 9372 ^[12],
the Philippine version of the Anti-Terrorism law being pushed by the US, has been criticized for its draconian provisions. “The law clearly violates human rights. Suspek pa lang, pwede ka nang ikulong o kunin ang properties mo. How does this law prevent torture?, ” exclaimed Enriquez.

Anti-torture law, OPCAT

Enriquez also slammed the Philippine government for the absence of an anti-torture law.

The Convention Against Torture (CAT) mandates each state party to take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.

Several pending bills on Torture have been filed in both Houses of Congress.

Even the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) has not been signed yet, said Enriquez.

The OPCAT ^[13] allows the United Nations and other international and national bodies to visit and seek facts in places of detention to prevent torture and other cruel, inhumane and degrading treatment of detained persons.

Enriquez said, “Again, it’s just for show.”

She said that Ermita promised to sign the OPCAT when the Philippine government was questioned by 17 nations in the first-ever Universal Periodic Review of the UN Human Rights Commission on why it has not ratified the OPCAT and the Convention Against Enforced Disappearances in April last year.

Enriquez lamented that even the members of the Commission on Human Rights are being prevented to inspect detention facilities and military camps.

Context

Enriquez deemed that torture is being employed by state agents as part of the counter-insurgency program of the Arroyo government. “The objective is to stifle dissent.”

An alternative report submitted by the World Organisation Against Torture (OMCT) to the UN Committee Against Torture states that the root cause of torture and other human rights violations is the denial of economic, social, cultural rights of citizens.

The OMCT is the main coalition of international non-governmental organisations (NGO) fighting against torture, summary executions, enforced disappearances and all other cruel, inhuman or degrading treatment. Karapatan is affiliated with OMCT.(Bulatlat.com) ^[14]

Article printed from Bulatlat: http://www.bulatlat.com/main

URL to article: http://www.bulatlat.com/main/2009/04/25/victims-rights-group-to-confront-philippine-govt-in-un-committee-session-on-torture/

URLs in this post:

[1] UNCAT: http://www2.ohchr.org/english/law/cat.htm

[2] signature: http://www.hrweb.org/legal/catsigs.html

[3] Committee Against Torture: http://www2.ohchr.org/english/bodies/cat/cats42.htm

[4] Philippine delegation: http://www2.ohchr.org/english/bodies/cat/docs/list/PhilippinesDelegation_42.pdf

[5] torture: http://www.bulatlat.com/2008/09/torture-survivor-files-charges-vs-perpetrators

[6] decision: http://elibrary.judiciary.gov.ph/decisions.php?doctype=Decisions%20/%20Signed%20Resolutions&docid=12238630022062178344

[7] pastor: http://www.bulatlat.com/2007/06/abducted-pastor-victim-s-voice

[8] Angelina Bisuña Ipong: http://www.pinoypress.net/2007/11/13/fact-sheet-angie-ipong/

[9] Rebelyn Pitao: http://www.bulatlat.com/main/2009/03/06/daughter-of-npa-commander-abducted-tortured-then-killed/

[10] Philippine report: http://www2.ohchr.org/english/bodies/cat/docs/CAT.C.PHL.2.pdf

[11] Republic Act 7438: http://www.lawphil.net/statutes/repacts/ra1992/ra_7438_1992.html

[12] Republic Act 9372: http://jlp-law.com/blog/ra-9327-human-security-act-of-2007-full-text/

[13] OPCAT: http://www2.ohchr.org/english/law/cat-one.htm

[14] (Bulatlat.com): http://www.bulatlat.com/