Questioning of soldiers in absence of lawyer hit
by Victor Reyes
THE military attempted yesterday to get statements from 14 detained Army personnel without the presence of a counsel, a lawyer representing the soldiers said.
“In any custodial investigation, they should be assisted by a lawyer,” said Vicente Verdadero, who has volunteered to be the counsel of the 40 soldiers.
The 14 enlisted personnel are detained at the AFP custodial center in Camp Capinpin in Tanay, Rizal, in connection with the alleged plot to grab power from government in February last year.
The soldiers have been in detention for almost two years without any charge.
Lt. Col. Ernesto Torres, Army spokesman, confirmed that a team from the Army’s Inspector General went to Camp Capinpin. He said the purpose was “to get their (soldiers’) side” and “to get pieces of evidence.”
He said the soldiers did not cooperate.
Asked why the Army is getting the getting the statements of the soldiers only now, Torres said the Inspector General is pre-occupied with other cases.
“This is the first time the IG went to Tanay to get statements. The delay is due to enormous legal concerns that we had to address simultaneously,” he said, citing the cases of extrajudicial killings, the abduction of activist Jonas Burgos last April, and the case of the Oakwood mutiny of July 2003.
Torres said he was not sure if the soldiers had earlier given statements to Army investigators.
The 14 enlisted personnel, along with 26 others who were dishonorably discharged last week, were detained in Fort Bonifacio right after the supposed February plot. Their transfer to the Tanay detention was completed in October last year.
The 40 EPs are Scout Rangers assigned to different units.
Verdadero said he learned of the incident from the wife of one of the 14 soldiers whom he did not identify.
He said he told the wife to advise the soldiers not to issue any statement and tell the probers to return on November 9.
“It’s a holiday, how can they get a lawyer? They are taking advantage of the holiday,” he said.
Verdadero said he will raise the matter before the office of the Army’s Inspector General in Fort Bonifacio today.
Verdadero is visiting the IG principally to ask what the basis was for discharging the 26 soldiers, which he said is a “blatant violation of their human rights.”
Torres said there was “prima facie evidence for complicity in the February 2006 destabilization.”
Ellen, who is Vicente Verdadero?
After two years? Then they will just tell us that they are so pre-occupied with other cases?… ridiculous! Justice delayed is justice denied.
Lt. Col. Ernesto Torres, Army spokesman, confirmed that a team from the Army’s Inspector General went to Camp Capinpin. He said the purpose was “to get their (soldiers’) side” and “to get pieces of evidence.”
He said the soldiers did not cooperate.
Asked why the Army is getting the getting the statements of the soldiers only now, Torres said the Inspector General is pre-occupied with other cases.
“This is the first time the IG went to Tanay to get statements. The delay is due to enormous legal concerns that we had to address simultaneously,” he said, citing the cases of extrajudicial killings, the abduction of activist Jonas Burgos last April, and the case of the Oakwood mutiny of July 2003.
>>>>>>> comment regarding “the soldiers did not cooperate”
panu sila mag cooperate eh kaw ba naman ang bigyan ng prefabricated investigation report,nakalagay na ang sagot nila dun eh, ginawa na ng AFP for them grabe noh????…..syempre gusto ng mga soldiers mag trabaho din kaya masyadong easy for them to just SIGN the ready-made investigation report,mga ranger yan eh, ungas ka pala lt col torres… and mad lalung ungas ka for giving a not so intellectual statement na pre-occupied ang afp… oi mister torres read between ur lines , so inaamin mo na masyado busy ang afp pagplantsa sa mga kagagawan nyong extrajudicial killings and k mr burgos which happen april pa and the oakwood july 2003…. ganun ba kahirap ng mga kaso na yan at 40 lives was taken for granted? ganun na ba ka out numbered ang AFP personnel na hindi ma asikaso ang sitwasyon ng 40 enlisted men na kinulong for almost 2 years? mr torres we are counting years here not hours not days not even months……. once again ungas ka review your lines!!!
atty vicente verdadero is the most reputable and good lawyer of these honorable soldiers:)
Atty. Verdadero is Gen. Lim’s lawyer also.
Thanks Military wife and Klingon for the reply.
Incarceration without due process is arbitrary detention.
No due process (while being detained for almost 2 yrs) because of lack of investigators is a stupid contention.
Believing Army’s explanation is an absolute mental malfunction.
Accepting military abuses is total submission to Esperon’s barbaric orientation.
Yano has become Esperon’s obedient dog in action.
Esperon and Yano barking: ”So Whaatt, damned soldiers!!!”
IG went to Capinpin to get the soldiers side? the real truth or what they want the soldiers to say..is this inspection general a fiction writer? Is he collecting stories and will publish a horror story book on “Ang kalagim lagim na kwento na ginawa sa mga sundalo?” with forward page by Esperon and an imprimatur of Goria??Kalagim lagim isipin. Halloween nga!
Whether we like it or not, these poor soldiers whose only sin was to follow the chain of command deserves a public apology from no other than the Commander in Chief.
These events only showed the world one thing, that our nations AFP is so politicized. Un-f@$king believable. If military can do this dastardly act to their own kind, ask yourself, what are they capable of doing to a civilians in general. What about those civilians that do not have the padrinos, connections and money. Rot in jail?
I’m told the rift of GMA and the Pangasinan mafia (FVR/JDV) has spilled over to the military. “Each group is consolidating their forces including military components”, my source said.
I’m curious, which side will esperon take?
Its kind of unusual that civilian lawyers are around at military proceedings now. Normally the military are assigned as defense counsels. In other words, everything is cooked so different from the outside world that we know of. Thats the SOP Esperon is adhering to on matters of military justice.
Wala na kasing nagtitiwala sa mga taga-JAGO o OTJAG (Office of the Judge Advocate General) ngayon. Puro sila yes-men. The real aim of a lawyer, no matter what side they take, is to see to it that justice is done. Wala kang makikitang ganun sa mga abugado ng JAGO, maliban siguro kay Col. Al Pereras.
Two can play the game.
I would take the affidavit of the soldiers now, describing the attempt to coerce them to sign the Esperon affidavit, and this new affidavit will say “for the purpose of recording my recollection of the events while they are fresh” or something to that effect. I will also say that I am signing it in the presence of my counsel, having been informed of my rights – to highlight na walang kasamang counsel sa tangkang pag-pirma sa government affidavit.
Puwede ko ring idagdag na I am doing it before what I anticipate, would be efforts to break me down. I will name the parties involved. At the proper time, puwedeng ilabas ito sa Court, dahil ang affidavit ay hindi self-authenticating, kailangang i-affirm in Court.
Sa gayon, magkakaroon ng dalawang conflicting affidavits, at iisa lang ang maa-affirm ng sundalo. This will even prove the efforts to coerce, dahil sasabihin ng sundalo na pinilit lang siya sa conflicting affidavit. The text of the affidavits themselves will prove the coercion.
Sorry. Akala ko hindi na-post. Was checking the wrong thread.