WE HAVE RECEIVED THE FOLLOWING STATEMENT FROM ASIAN HUMAN RIGHTS COMMISSION:


PHILIPPINES: Allegation of use of torture inside police headquarters
must be investigated

On May 5, 2007, a man told the media how he had been brutally
tortured as part of a police investigation inside Camp Rafael Crame
in Quezon City, the national headquarters of the Philippine National
Police (PNP). Ricardo Ayeras alleged that he was beaten, kicked,
electrocuted and was deprived of sleep, according to a report by an
online newsgroup Inquirer.net. Ayeras was arrested, charged and
detained in connection with a bombing incident two years ago in
Makati City. In February 2007, however, the court ordered his release
after he had spent a month in jail.

Ayeras made serious allegations against Chief Superintendent Romeo
Ricardo, the director of the PNP's intelligence group, a certain
"Tony Bakla," and a certain Rudy Pangan, as being responsible for
allegedly torturing him during interrogation while he was in police
custody. He also accused Pangan of threatening to kill him if he
continued refusing to admit his involvement in the bombing. Ayeras
was also denied access to legal counsel and was only "surfaced" to
the public on January 8, five days after his arrest, at which time he
was presented to the media.

Although these allegations of torture that took place inside the
police's headquarters are very serious, the chances of Ayeras being
able to receive reparation and have the perpetrators punished are
considered as being extremely slim, as this is the situation with
most if not all cases of torture in the Philippines. Firstly, in this
case, no immediate action was taken to look into Ayeras' torture
claims, even though he has taken serious risks in exposing his ordeal
publicly.

In doing so, he has given the alleged perpetrators, in particular
Chief Supt. Ricardo, the opportunity to attack him and his
credibility. Chief Supt. Ricardo has denied Ayeras' allegations,
labeling them as being "made up stories." Chief Supt. Ricardo was
bound to say that. However, despite the fact that he is the obviously
not the appropriate person or authority that can decide on the merit
of Ayeras' complaints, his denial has enjoyed a certain level of
approval and his version of events is being given credence, without
any form of proper investigation.

After learning of Ayeras' allegations, no sanctions have been taken
against Chief Supt. Ricardo and his men by the leadership of the PNP,
despite the seriousness of the allegations. No efforts to investigate
the claims have been made. The continued failure of the police's
disciplinary body, the Internal Affairs Service (IAS), which is
empowered to initiate a "motu proprio investigation" with or without
a formal complaint, has also further worsened the situation and given
assurances to the alleged perpetrators that they will not be punished.
The perpetrators' denial of the allegations against them are given
more weight and credibility than the victim's allegations.

What is the IAS doing in this case? The role of the IAS is clearly
stipulated in Rule II, Section 3 of Memorandum Circular No. 2002-075
of the National Police Commission (Napolcom). They are mandated to:
"motu proprio, conduct automatic investigation on any of the
following cases; (3.b) serious physical injury, or any violation of
human rights occurred in the conduct of police operation." Given
this, why is Chief Supt. Ricardo's attack on the victim for failure
to file a formal complaint being tolerated when in fact it is the
IAS' obligation to initiate investigations with or without such a
complaint? Are the accused policemen beyond the reach of this
service?

Ayeras' case is one of many cases of torture that for the most part
go unreported, with the perpetrators enjoying almost absolute
impunity. Another recent example is the case of a 22-year-old man,
Patrick Pangilinan, on 28 April 2007. Pangilinan was arrested by the
police in connection with a robbery case that had occurred days
earlier. While in police custody, Pangilinan was severely beaten with
a piece of wood by three policemen during interrogation. A news report
described that the policemen had turned their station, the Manila
Police District’s (MPD) Station 4, into a "torture chamber."
Ayeras and Pangilinan’s plight are only examples of a much
wider problem.

Although the alleged perpetrators' superior officers have ordered an
investigation into Pangilinan's case, the likelihood that it will
yield any tangible results is low. It is not the absence of options
for victims seeking legal redress, but the failure of the system
itself that is preventing actual redress from being provided. For
instance, the act of torture is not a crime in the Philippines. Given
this, how can an offender be effectively prosecuted in line with the
gravity of the offence and how can appropriate compensation be
awarded, when the act itself is not criminalized? Offending officials
can only be charged with having caused serious or slight physical
injury. Torture victims may resort to filing a citizen's complaint,
for instance with the People's Law Enforcement Board (Pleb), an
agency created to accept a citizens' complaints against police
officers, but this has proven to be very difficult to do in practice,
as the Pleb's operations in most cities and municipalities are
described either being non-existent or highly dysfunctional.

The public has been made to believe that the police no longer make
use of torture, and that this was only common during the Marcos
regime. Chief Supt. Ricardo himself also claimed this in his denial
of Ayeras' allegations against him and his men. The Asian Human
Rights Commission (AHRC) continues to receive cases of torture, which
indicates that the opposite is true. Torture is regularly being
committed by the police, the military and other State actors, as an
integral part of the methods of criminal investigation and as a form
of punishment, and this in near-total impunity. The avenues for legal
redress and protection of victims are absent or not working. As shown
by the case in question here, allegations of torture are not even
investigated. This has to change if the country is going to begin the
process of eradicating the atrocious practice of torture and if the
authorities are going live up to their duties to the Filipino people
and their international obligations.

# # #

About AHRC: The Asian Human Rights Commission is a regional
non-governmental organisation monitoring and lobbying human rights
issues in Asia. The Hong Kong-based group was founded in 1984.<br><br>Post edited by: Sandvand, at: 2007/05/12 11:36