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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.