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MEDICAL CERTIFICATE
This is to certify that we have seen and examined MELISSA C. ROXAS
, 31 years old, female, single, at #60 Samar Ave., South Triangle, Quezon
City.
Circumstances that led to
consult as narrated by patient are the following:
On May
19, 2009, at around 1:30pm, patient was forcibly taken together with two
other persons in Kapanikian, La Paz, Tarlac.
They were
brought to an unidentified area and where patient says she was
‘interrogated’ and ‘beaten” while blindfolded and handcuffed. Patient was
beaten: kicked and punched in different areas of her body; she was choked;
two cellophane bags were put over and around her head while her arms and
legs were being stretched. She was also pushed against the wall, and her
head was banged against the wall several times.
During
the ‘interrogation’, patient was threatened to be killed if she does not
admit to being an NPA.
In the
morning of May 25, 2009, she was brought to her relative’s house in Quezon
City by unidentified men.
Patient at time of examination was conscious, coherent, weak, ambulatory
but limps, favoring the right side of the body. She also complained of
pain in different parts of her body where she said she was hit. Several
abrasions were noted and tenderness over the epigastric area.
Relatives of the
patient narrated that she would not eat in the first day she came back.
She was also hypervigilant, had difficulty falling and maintaining sleep
and was afraid to go out of the room and would not want to be alone. She
would often cry and express fear and anxiety.
DIAGNOSIS:
1. Multiple abrasions
a)
Left knee area, measuring 5x5 cm
b)
Right knee, measuring 1x1 cm
c)
Left wrist area linear, 3.5 cm in length
d)
Right wrist area, three abrasions, each 1 cm in length
2. Acute Stress Disorder
Geneve E. Rivera-Reyes,
MD Reginaldo L. Pamugas, MD
284 E.
Rodriguez Ave.,QC 284 E.
Rodriguez Ave.,QC
Lic No. 101348,
Health
Alliance for Democracy (HEAD) Lic. No. 93332,
Tel No.
725.4760 Tel No.
725.4760
Date: May 29,
2009
Health
Action for Human Rights (HAHR)
Download
medical ceretificate in Word format
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Petition for Write of
Amparo
and Habeas Data
Republic
of the Philippines
SUPREME
COURT
Manila
IN THE
MATTER OF THE PETITION
FOR THE
WRIT OF AMPARO
AND HABEAS DATA
IN FAVOR
OF
MELISSA C. ROXAS,
SP. PROC. NO.
_________
FOR: Writ of Amparo and Habeas Data with prayers for Protection Orders, an
Order of Inspection of Place, and Production of Documents
MELISSA C. ROXAS,
Petitioner,
- versus -
GLORIA MACAPAGAL ARROYO,
GILBERT
TEODORO,
GEN.
VICTOR S IBRADO,
P/DIR. GEN. JESUS AME
VERZOSA,
LT. GEN.
DELFIN N BANGIT,
PCSUPT LEON NILO A. DELA
CRUZ,
MAJ. GEN.
RALPH VILLANUEVA,
PSSUPT. RUDY GAMIDO LACADIN,
CERTAIN
PERSONS WHO GO
BY THE
NAMES DEX, RC, AND ROSE
X - - - -
- - - - - - - - - - - - - - - - - - - - - - /
PETITION FOR THE WRIT OF AMPARO
AND
PETITION FOR THE WRIT OF HABEAS DATA
WITH
PRAYERS FOR PROTECTION ORDERS
INSPECTION
OF PLACE, AND PRODUCTION OF DOCUMENTS AND PERSONAL PROPERTIES
PETITIONERS, through
Counsel, and unto this Most Honorable Court, respectfully avers:
1. That petitioner is
a U.S. Citizen and has temporary residence in Quezon City and is the
aggrieved party and victim in this Petition and she can be served with
processes of this Honorable Court at her attorneys-in-fact and her
lawyer’s address at Second Floor, Erythrina Bldg., 1 Maaralin corner
Matatag streets, Barangay Sentral, Diliman, Quezon
City;
2. Respondents
are: GLORIA MACAPAGAL ARROYO, the President of the Philippines and who can
be served with summons and other court processes and matters at Malacañang
Palace, Manila, SEC. GILBERT TEODORO, Secretary of Defense, and who can
be served with summons and other court processes and matters at Camp
Aguinaldo, EDSA, Quezon City, GEN. VICTOR S. IBRADO, Commanding General
of the Armed Forces of the Philippines, and who can be served with summons
and other court processes and matters at Camp Aguinaldo, EDSA, Quezon
City, P/DIR. GEN. JESUS AME VERZOSA, the Director General of the
Philippine National Police, and who can be served with summons and other
court processes and matters at Camp Crame, EDSA, Quezon City, LT. GEN.
DELFIN N. BANGIT, the Commanding General of the Philippine Army, and who
can be served with summons and other court processes and matters at Fort
Bonifacio, Taguig City, MM, PCSUPT LEON NILO A. DELA CRUZ, the Regional
Director of the Philippine National Police Region Office III, and who can
be served with summons and other court processes and matters at Camp
Olivas, San Fernando, Pampanga, MAJ. GEN. RALPH VILLANUEVA, Commanding
General Of the Philippine Army’s 7th Infantry Division, and who can be
served with summons and other court processes and matters at Fort
Magsaysay, Laur, Nueva Ecija, PSSUPT. RUDY GAMIDO
LACADIN, Police Director of the Province of Tarlac, and who can be served
summons and other court processes and matters at Camp Macabulos, Tarlac
City, Tarlac, and CERTAIN PERSONS WHO GO BY THE NAMES DEX, RC, and
ROSE and they being members or officers of the Armed Forces of the
Philippines can be served summons, court processes and matters at Camp
Aguinaldo, EDSA, Quezon City;
3. MELISSA C. ROXAS
with two other companions, Juanito Carabeo and John Edward Jandoc, were
abducted and kidnapped by about 15 armed men with strong evidence of being
military personnel on the early afternoon of May 19, 2009 at La Paz,
Tarlac, Philippines and were forcibly brought to a place which is strongly
believed to be Fort Magsaysay;
4. Petitioner and her
companions were abducted and kidnapped without any legal ground, authority
and basis for being believed by their abductors and kidnappers to be
members of the CPP - New People’s Army;
5. Petitioner
underwent tactical interrogation and was tortured (attached is her
affidavit and medical certificate as Annexes “A” and “B” with reservation
on the marking of a Book entitled Love in Times of Cholera as Annex “A-1”,
the Holy Bible St. James Version as Annex “A-2”, the handcuffs with lot
number 4760 and made in Taiwan, as Annex “A-3”, a slip of paper with an
email address and password as Annex “A-4”, a blouse as Annex “A-5” and a
pair of white shoes as Annex “A-5”) heavily causing trauma and depression
and fear for her life;
6. The
lives, liberty and security of Petitioner and her uncle and family have
been threatened by the abductors and kidnappers of Petitioner and are in
real imminent danger and threat;
7. The distance of
the travel and the sounds heard by Petitioner in the place where the
Petitioner and the two men were brought as well as the buildings described
by Petitioner are places inside Fort Magsaysay;
8. When Petitioner
was abducted, Karapatan made investigations of her disappearance and
reported the matter to police authorities (attached hereto is the police
report as Annex “C”);
9. The initial
reports tallied with the same patterns of abduction and kidnapping done by
military forces to commit the crime with impunity and done brazenly only
which can be done by people who are authorities;
10. The police and
military authorities and the Office of the President have not done
anything to investigate their personnel in the commission of this
dastardly crime and if any investigation was made, the investigation was
shallow and pro-forma without any intention of really solving the crime;
11. The Petitioner
has been declared by those who abducted her as being in the Order of
Battle (OB) and haS been investigated to be a member of the CPP - NPA
without the presence of counsel despite persistent demand for one. The
labeling and listing her in the OB is a violation of her privacy rights
and these list and label must be expunged from the records including all
records taken during the said tactical interrogation;
12. A camera
containing a memory card, an Ipod, the laptop and the journal, which
contain materials private to the petitioner, which were taken from her be
returned including the sphygmomanometer, stethoscope, the medicine, the
Ps. 15,000.00 cash robbed from her;
13. That Petitioner
has exhausted all efforts legally available and that there is no other
plain, speedy, and adequate remedy to protect the rights of the victims
except by this application for a Writ of Amparo.
PRAYER
WHEREFORE, premises
considered, it is most respectfully prayed unto this Honorable Court that
a WRIT OF AMPARO ORDERING THE RESPONDENTS:
GLORIA MACAPAGAL ARROYO,
GILBERT TEODORO,
GEN. VICTOR S IBRADO,
P/DIR. GEN. JESUS AME
VERZOSA,
LT. GEN. DELFIN N BANGIT,
PCSUPT LEON NILO A. DELA
CRUZ,
MAJ. GEN.
RALPH VILLANUEVA,
PSSUPT. RUDY GAMIDO LACADIN,
CERTAIN
PERSONS WHO GO
BY THE
NAMES DEX, RC, ROSE
FURTHERMORE, it is likewise most respectfully prayed unto this Most
Honorable Court to issue a Protection Order in favor of PETITIONER
MELISSA C. ROXAS and her family including her uncle, Ruben Roxas, and his
family against and from respondents and to enjoin respondents from doing
harm or even approaching the said persons.
IN THE
EVENT THAT THE RESPONDENTS WOULD DENY CUSTODY, it is most respectfully
prayed unto this Most Honorable Court to allow the inspection of detention
areas in 7th Infantry Division at Fort Magsaysay, Laur, Nueva
Ecija.
ALSO, it
is also most respectfully prayed unto this Honorable Court to order
respondents GLORIA MACAPAGAL ARROYO, to produce documents submitted to her
in the matter of any report on the case of MELISSA ROXAS.
LIKEWISE,
to order the other respondents to produce any report submitted to them
regarding the matter of MELISSA ROXAS, including but not limited to
intelligence reports prior to, during and subsequent to May 19, 2009,
operation reports prior to, during and subsequent to May 19, 2009, provost
marshall reports during and subsequent to May 19, 2009 of the 7th
Infantry Division, the Special Operations Group under the Armed Forces of
the Philippines or its subsidiaries or those under its branch, including
the 7th infantry Division.
Furthermore, to order that the records pertinent or connected in any way
to MELISSA C. ROXAS or MELISSA ROXAS, or any name which might sound or
approximate the same in the hands of respondent be expunged and should
forever be disabused and should not be used anymore.
FINALLY,
to return to Petitioner the camera containing a memory card, the IPOD, the
laptop and the journal which were taken from her, which contain materials
private to the petitioner, be returned including the sphygmomanometer,
stethoscope, the medicine, and the Ps. 15,000.00 cash robbed from her;
DONE.
QUEZON, CITY, PHILIPPINES. MAY 28, 2009.
REX J.M.A. FERNANDEZ
PTR 5441971, 1/07/09, Prov.
Cebu LIFETIME MEMBER NO. 01032, Cebu
Second
Flr., Erythrina Bldg.,
Maaralin
corner Matatag sts.,
Barangay
Sentral, Quezon City
Roll 37453,
Page 491, Book XV
MCLE
Compliance II 001709, 3/12/09
EXPLANATION: SERVICE TO
RESPONDENTS IS DONE by registered mail due to lack of personnel and
distance. (See attached Affidavit of service)
REX J.M.A. FERNANDEZ
Republic
of the Philippines)
Quezon
City.......................) S.S
VERIFICATION AND CERTIFICATION
I, MELISSA C. ROXAS,
of legal age, U.S. Citizen and a temporary
resident of Quezon City, after having been sworn to in accordance with
law, do hereby depose and state that: she is the Petitioner in the
above-entitled Petition; she has caused the preparation of the above
Petition and has read and knows the same; the allegations therein are true
and correct of her own personal knowledge; she has not filed nor commenced
any action or proceedings involving the same issues nor is there any
proceedings or action pending before the Supreme Court, Court of Appeals
or in any tribunal or agency with the same issues and parties and in the
event that Petitioner would know that there is an action or proceedings
involving the same issues and parties, she undertakes to notify this
Honorable Court of the pendency of the said action within five (5) days
from knowledge thereof.
MELISSA C. ROXAS
SUBSCRIBED AND SWORN to before me this __th day of October 2007 at Quezon
City, Philippines by affiant who showed to me her
U.S. Passport No. 443307364, with
expiry date on June 1, 2018 and issued at the US Embassy Manila.
REPUBLIC OF
THE PHILIPPINES)
QUEZON
CITY………………………) s.s.
AFFIDAVIT OF SERVICE
I, OLIVIA BERNARDO, of legal age, Filipino and resident of Quezon City,
Philippines, after having been sworn to in accordance with law, do hereby
depose and state that:
I am a staff member of Karapatan with the Service Department of said human
rights organization;
I furnished a copy of the Petition for a Writ of Amparo each to the
following through private courier attaching hereto the corresponding
receipts:
|
GLORIA MACAPAGAL ARROYO |
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GILBERT TEODORO |
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GEN. VICTOR S IBRADO |
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P/DIR. GEN. JESUS
AME
VERZOSA |
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LT. GEN. DELFIN N BANGIT |
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PCSUPT LEON NILO A. DELA CRUZ |
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MAJ. GEN. RALPH
VILLANUEVA |
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PSSUPT. RUDY GAMIDO LACADIN |
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A CERTAIN DEX |
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A CERTAIN RC |
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A CERTAIN ROSE |
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I am executing this affidavit to state the truth of the aforegoing
statements.
IN WITNESS WHEREOF, I hereunto affix this signature this __th day of May
2009 at Quezon City, Philippines.
OLIVIA BERNARDO
SUBSCRIBED AND SWORN to before me this __th day of May 2009 at Quezon
City, Philippines by affiant who showed to me her Passport No. xx19589505,
issued on September 4, 2008 at Manila.
Dwonload petition for writ of amparo
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REPUBLIC OF THE PHILIPPINES)
QUEZON
CITY……………………) s.s.
AFFIDAVIT
I, Melissa C. Roxas, of legal age, a Citizen of the United
States of America, and temporarily residing at Quezon City, Philippines,
after having been sworn to in accordance with law, do hereby depose and
state that:
1. I am a graduate of the University of California San Diego
with a BS in Animal Physiology and Neuroscience and a BA in Third World
Studies with a Minor in Health Care and Social Issues;
2. I applied for an exposure program in the
Philippines being the home country of my parents with Bayan – USA of which
I am a member for the purpose of gathering materials for my writing
project being also a member of Habi Arts, a community based artist
organization based in Los Angeles, California;
3. Bayan – USA endorsed me to Bayan –National and
Bayan – National endorsed me to Bayan – Central Luzon which toured me
around the provinces and towns of Central Luzon and on April 2009, Bayan –
Central Luzon endorsed me to Bayan – Tarlac where I was to join with their
members at La Paz, Tarlac to conduct an initial survey of the place for a
future medical mission;
4. I brought along with me my camera with a memory
card, an external hard disk, a laptop, an Ipod, a journal, a blood
pressure sphygmomanometer, a stethoscope, thermometers, medicines, my
watch, and a wallet with money in the amount of Ps. 15,000.00;
5. On May 19, 2009, while resting from a survey at
a friendly house, the owner of which gladly accepted our request that we
rest at his house and while watching a noon time Television program, at
around 1:30 p.m., I and my two companions, John Edward Jandoc and Juanito
Carabeo, heard a banging on the front door and a voice asking that the
door be opened. I immediately went to see what was going on and found
about 15 men in civilian clothes armed with high power rifles and wearing
ski masks or bonnets surrounding the house and in a little while, the door
was forcibly opened and armed men swarmed into the house coming from the
front door and the back door and ordered us to drop face flat on the
ground;
6. I did not obey them and I wanted to stand up to
protest the intrusion but an armed man held my head and forced it down
pushing me to a squatting position then pushed me on the ground. I asked
them why they were doing this to us and I saw that everybody in the house
was on the ground flat;
7. They attempted to tape my mouth but I was able
to wrench it and they wanted to handcuff me but I resisted and about five
of the armed men were ganging up on me, holding my hands and my legs but I
continued resisting them and shouting to the owner of the house, “Kuya,
help me.”
8. I then started to shout my name, repeating it
again and again, I was punched repeatedly at my right rib cage while my
two companions who were already blindfolded and taped at the mouth were
herded to a blue van about 15 meters from the house door and I with all my
strength tried to stop the armed men from putting me into the van and they
instead started to drag me bruising and wounding my arms and my legs
wounding severely my left knee cap while I continued shouting my name;
9. When they started to force me inside the van via
the side door, I locked my feet on the door sidings and they needed more
than 5 men to push me. But then, they finally were able to push me inside
the van; I was made to sit between two of the armed men and was
immediately blindfolded and handcuffed to the back. But they could not
tape my mouth because I was already retching and vomiting;
10. When the van started moving, my head was put
down so that I could not be seen from the outside;
11. After more than an hour, we stopped and we were
told to step down and because I was still retching, they made me sit or
half lie on a kind of lounging chair made of bamboo slats and at that
point, I did not know where my two companions were;
12. After more than 5 minutes sitting down in that
bamboo lounging chair, I was brought into a room with a screen metal door
and the room sounded like it had a kitchen as there was running water and
I could hear cleaning activities but I was still vomiting and I heard a
command was made to a woman to clean my vomit and a man asked me whether I
was pregnant but I did not answer him;
13. Another man who I felt was in command asked me
if I knew why I was there and I answered him that I knew my rights and
that I demanded for my lawyer and he laughed telling me that in the said
place there was no availing of a lawyer (walang abogado-abogado dito) and
told me that “malinis ka naming nakuha at alam mo naman bakit ka nahuli?”
(we got you smoothly and you know why you were captured?)
14. Then he told me that I was a member of the
CPP-NPA and I retorted that I was not and I demanded for my lawyer again
and I felt that there were other men inside;
15. I was made to enter a room which I felt was a
jail cell because as I entered the room, they had to open a door with iron
bars and for my two days stay inside that cell, I sensed that my bed was a
single wooden bed without mattress, with a length of 6 feet and I was
always made to lie down with my head positioned on the wall where the
iron barred door was located and at my foot was a low partitioned space
where a toilet bowl was and after it was a wall where there were holes
serving as windows. I discerned that in the room before entering the jail
cell was a bunk but I do not know the whole contents of that room;
16. When I was made to enter the jail cell, I was
still blindfolded and handcuffed to the back and I remained in such
position until the dawn of the next day when they changed the position of
my hands to be handcuffed to the front and because of which my wrists were
severely cut and bruised;
17. It must be stated here that throughout my
abduction, I was always blindfolded and handcuffed even in my sleep except
for those few times when I was made to take a bath;
18. During my two days there, I heard construction
activities – blowtorching, hammering and the construction bustle – and
these stopped in the late afternoon and I also heard gunfiring as though
in a firing range and planes taking off and landing and it was loud and I
could also hear goats bleating;
19. Later in the evening, I was brought out of my
cell and I was confronted by two burly men in ski mask or bonnet and they
shone their flashlights on my face and after a short while, they put me
back into my cell and said, “ punta tayo sa kabilang gate.” (let’s go
to the other gate);
20. I slept light that first night, determined to
always know the time, and when morning came, I was interrogated and no
breakfast nor lunch was given to me and I was asked repeatedly if I knew
why I was there and was told by them that I was abducted because I was a
member of the CPP NPA and I also repeatedly told him that I have rights
and that I demanded for my lawyer and then he told me that even a year
will pass, no lawyer would be seeing me and told me repeatedly that it was
because of people like me who are the costing the government so much money
and people like me are the ones who are making it difficult for the
government, so that they are resorting to what they are doing and asked me
who my lawyer was and I told him that it was Atty. Romy Capulong and he
seemed to be stymied by my answer;
20. He continued asking me questions which I was
not listening to and I was not answering and after 30 minutes of that he
stopped and left;
21. After a while, another person entered and
interrogated me along the same lines of questions and I did not listen and
did not answer but instead told them that I knew my rights and that I
wanted my lawyer and about 15 minutes of that, he left and I was already
feeling hungry but no food was forthcoming and in the afternoon, many
people were going in and out of the room and in and out of my cell and in
the evening, I was made to eat and I ate little and then one of the men
asked me if he could bathe me and I of course refused but there was this
woman who was kind of assisting the men in attending to me and who I came
to know later as Rose and she directed me to take a bath and brought me to
another building (passing through a sometimes grassy and sometimes
graveled pathway) where I saw through my blindfold two double decked beds
and I assumed that it was a female barracks and there was a bath room with
a jalousie typed window and I took a bath with one hand free from its cuff
but with a hanging cuff on the other and my eyes free from the blindfold;
22. I was brought back to my cell blindfolded again
and handcuffed at the front and I was made to lie down and after a short
while, the iron barred doors were banged making clanking sound and I was
taken aback and two men entered my cell with one of the man calling the
other, “Tatay”, and a man pulled my cuffed hands up raising me on a
sitting position and then a fist struck me at my upper sternum and it hurt
and then a thumb was pressed strongly to my throat (I heard somebody
saying “huh!...huh…huh.”) choking me, making me suffocate for quite a
time and when he released the pressure I gagged and I coughed and then he
struck me with his fist on my left jaw ringing my ears and numbing my jaw
and they were telling me, “Ang tigas ng ulo mo. Sasagot ka na sa mga
tanong.” He kept repeating the questions and his pressure on my throat
and fists to my jaw. An hour after, they left. But before they left, he
said, “matigas ‘to. Barilin na lang natin” and I prepared for the worst;
23. It must have been very late night or early
dawn, when he came back to me and he dragged me to the first room and I
sensed that there was a kind of leader of the group who kept on whispering
on that person who was manhandling me and two other men and the man who
got me from my cell asked me, “handa ka bang mamatay?” and I answered,
“Opo” and then he told me, “bago namin patayin ang isang tao, mapapaihi at
mapapatae muna namin siya”;
24. The whispering man kept whispering questions to
be asked and the manhandling man kept asking the questions and I told him
that I have rights and that I was demanding for my lawyer but when he
asked me about my name, I told them but when they asked other questions, I
did not answer and he would hit me on the chest strongly and I would lose
breath and gasped for air after and then he would press my throat with his
thumb and say “Huh…huh…huh!” and I would gag and then he would hit me on
my jaws, ringing my ears and numbing my jaws and he repeated this and
added another one by holding my head with his two hands and banging the
back of my head repeatedly and each time it hit the wall, I would see a
flash of white bright light and ringing in my ears and again the pressure
to my throat with the “Huh … huh…huh.” And saying to me, “ayaw mo pa din
magsasalita” and then punched me in my rib cage and I crumpled but the
other men forced me up. This torture continued and every time I crumpled
the other men would force me up.
25. I was having a streaming thought that I was
going to die there and then, they held my feet and my hands down and
doubled up plastic bags were pulled down on my head and face and closed on
my neck and I started to suffocate and I could not breath anymore and I
was seeing white and thinking I was going to die and then he released the
hold and I could breath but I was faint and weak (lantang lanta) and he
patted me in the back and several men carried me to my cell;
26. Several hours later and when it was light, a
person entered and although I was still very weak and lying down he
started to interrogate me again and I said that I was tortured and I knew
my rights and he told me that it was not his responsibility if there were
other men who would torture me but I forced myself to sit up to face him
and he was asking me what was my position in the organization and I was
not answering and he told me, “akala mo ba may magagawa ang Canadian
Government sa iyo?” and he called me, “Maita” and I told him that I was
not Maita;
27. This was May 21, 2009 and the interrogation
continued non-stop with one interrogator replaced by another after every
hour and I was not given lunch although, there was a brief respite from
the questions during lunch but it continued after lunch with that man who
kept on his way of threatening me by saying, “Huh…huh…huh.” and this
interrogation continued to the night and I remembered one interrogator who
introduced himself as Dex and he talked about religion and asked me to
return to the fold (“bagong buhay”) telling me that they were “kasangkapan
ng Diyos para mag-bagong buhay ang mga rebelde” and I told him that I do
not believe him and told him that the God I knew did not condone torture
and violence and I was tortured and he gave me 24 hours to decide whether
I would return to the fold;
28. After Dex, the religious interrogator, the next
interrogator had a Visayan accent and talked about the evils of communism
to me and kept on banging the glass on the table and after an hour of
lecture, he told me, “maghintay ka na lang mamaya,” and I expected then
for the worst to happen and I anticipated that I would be tortured
physically again and I called for Rose with the plan that I would talk to
her to delay the expected torture they would do to me and I talked to her
long into the night and thinking that the only way to mitigate the torture
was to play that I was returning to the fold, I told Rose that I would
like to return to the fold but despite that after my talk with Rose
another interrogator came in and it was this time I heard that there were
other units who would like to borrow me and there was no dinner given to
me;
29. I had again a light sleep and on May 22, 2009,
at the break of day, the interrogation started and intensified and I was
brought to another building to what I perceived to be opposite of the
female barracks with the jail cell as the fulcrum and I was given some
breakfast and a late lunch at the building, I felt I was in a room used as
an office and I was facing a panel of interrogators and I sensed that Dex
was one of them and that beside me was Rose and another man and aside from
the questions and the lecture on anti-communism and religion, they were
asking me to sign a document but which I refused but I asked for Dex and
went along with the Religion talk;
30. Because of my refusal to sign, I was brought
into another room (I heard the voice of Juanito Carabeo when I entered the
room) where a bright and hot light was shone on my face and the
interrogator started to ask me questions and while asking questions he
gripped and pressed my right shoulder hard and it was very painful because
there was a dislocation and he knew I had that dislocation and when he was
telling me that I was hardheaded he pounded his pointer finger on my
forehead and it hurt and then suddenly, he changed his tone and tune and
told me he believed that I wanted to return to the fold and we started
talking about literature and asked me about magical realism of Gabriel
Garcia Marquez and he even gave me a Gabriel Garcia Marquez novel, Love in
Times of Cholera, and the Bible of the King James Version and I told him
that I was in the area because I was looking for and gathering materials
for my novels and that was why I joined the Bayan – USA and applied for an
exposure program with Bayan – Central Luzon and Bayan - Tarlac volunteered
for that initial survey at La Paz, and that I believed in God and I have
to insist on that to go along with the Religious talk of Dex and he told
me that they were interested in knowing how I got involved;
31. I was made to drink an orange soda and after a
while I started to become groggy and another interrogator came to replace
the literary interrogator but Dex was coming in and out of the
interrogation and I started to talk about my family, my parents and my
address in the United States and I was told that my name was in the Order
of Battle and that I told them that I wanted to cooperate in order to
return to the fold and later, Dex was again the interrogator and talked to
me about religion and it was there that I felt so sleepy and before I
could fall asleep I was transferred to the female barracks and was made to
sleep in the floor but I was now given a mattress, a blanket and a pillow
and I slept heavily and woke up when the light was already bright;
32. This was May 23, 2009 and I got angry with
myself for losing control of the time and by sleeping long and deep and
the interrogation continued trying to pry from me information of people I
visited when I was with Bayan Central Luzon and Bayan Tarlac but I refused
saying that I don’t want to put other people in harm’s way and an
interrogator who introduced himself to me as RC took over and he talked
about religion like Dex and said that they were merely tools of God for
making rebels return to the fold and I told him that my God do not torture
people and he told me that those who tortured me came from the SOG, the
special operations group, and they were responsible for the “pagdukot” and
for what happened to me and he asked me, “let us start from zero,
ha?...ha? …ha?” and I realized he was the one who was torturing me and he
continued to ask me how I came to get involve with Bayan – USA and I told
him about my interest in the third world and poverty therein and I started
to search the internet and I came to the site of Bayan – USA and that got
me started. Sometime in the afternoon, they forcibly took a photo of me
and looked for the mole on the left side of my face;
33. On this day, the interrogators were Dex and RC
and they rotated between themselves interrogating me and I was playing
along the religion line and finally I was told that their boss would be
making the final evaluation of whether I was really returning to the fold
and I slept lightly on the night of the 23rd and in the
morning of the 24th, I was interrogated by the a person whom
they called Boss and addressed as “Sir” and the interrogation lasted for
the day and I answered their questions about me but not about other people
and the Boss told me that if I did not cooperate I would be borrowed by
other units whose personnel wouldn’t be as nice as Dex and RC and this
interrogation and conversations continued until the night; the Boss also
said to me that if I saw him, I’d be surprised and that he knew a lot
about me and who I was;
34. At night, RC approached me and told me that I
would be going home the next day but I did not believe him and I slept
lightly on the night of the 24th; at early dawn of the 25th, I
was awakened by Rose who told me to bath and I was given a sim card for
use in contacting them and I was given a slip of paper where a new email
address RC created for me was written with the password __________and I
was given a bag where biscuits were placed and the books that were given
were also placed and also the handcuffs used on me and Rose gave me her
blouse and shoes for me to use in going home and RC told me that, “hindi
tayo magkaaway, gusto ko magkaibigan tayo, ha” and he told me to beware of
Karapatan because it will tell you to go against us and will talk with
your family and that I should not let Karapatan talk with their family,
otherwise, something will happen and that they would like to talk with my
uncle and after which, I boarded a different vehicle than that of the van
that brought me there as it was more spacious and I was seated on the
center with Rose on my left and RC on my right with the driver and a
passenger on the passenger side of the front seat and I sensed that there
were about more than two people at the back and that I could hear
communications with another car which was in convoy with us ordering not
to drop me in front of our house in Quezon City as there was an activity
but the car I was riding passed by and stopped in front of our house and I
was asked to lift my blindfold to take a look at the house and to affirm
whether it was my house and I confirmed and my blindfold was placed back
and the car turned around and finally I was dropped at the corner nearest
the house and I was told to face where I was dropped and to count up to
one hundred before walking to my house and RC told me that they will be
monitoring all my actions and something bad will happen to me if I do not
cooperate that made me more afraid and I did what they told me after they
took off my blindfold and I was dropped on the sidewalk and I was facing a
wall and I did not move around even just to turn my head as I was very
afraid that they would get me again and I did not move even after a count
of a hundred until my phone rang and it was RC who instructed me that I
could already walk which I did and arrived home to my uncle’s warm and
relieved welcome;
35. But my travails did not end there, RC continued
to talk to me through the phone where the Sim card he gave was inserted
and I was so afraid to go out believing that they were just around
monitoring me that I just stayed inside the room not even going out of
that room and because of that my cousin bore upon me to throw the bag and
the sim card to the trash which I did but the books, the clothes of Rose,
the handcuffs, the slip of paper containing the email address RC created
for me and the password I retained thinking of filing a case against them;
36. I was traumatized and the fear is still in me
and I execute this affidavit to state the truth of the foregoing facts and
for purposes of filing a Petition for a Writ of Amparo and Habeas Data to
protect me and my family and my uncle and his family now and in the future
and for possible other legal cases.
IN WITNESS WHEREOF, I hereunto affix my signature
this 2th day of May 2009 at Quezon City, Philippines.
MELISSA C. ROXAS
SUBSCRIBED AND SWORN
TO BEFORE me this 29th day of May 2009 at Quezon City, Philippines by
affiant who showed to me her U.S. Passport no. 443307364, with expiry date
on June 1, 2018 and issued at the US Embassy Manila.
Download Affidavit in Word format
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Philippine government
trying to cover-up Fil-am abduction
May 28, 2009
The Bagong Alyansang Makabayan condemned in the strongest terms the
statement coming from the Philippine government and its Presidential Human
Rights Commission on the circumstances of the abduction and eventually
surfacing of Filipino-American activist Melissa Roxas and her companions
Juanito Carabeo and John Edward Handoc.
“The PHRC has shown utter incompetence once more when it says that there
are no police reports regarding the abduction of the three. This is a
lie,” said Bayan secretary general Renato M. Reyes , Jr.
The group said that as of May 20, 2009, the La Paz police through its
police chief, Police Chief Inspector Ronald R. Fernandez signed and filed
a special report addressed to Tarlac Provincial Director Police S/Supt
Rudy Lacadin based in Camp Makabulos. The initial police investigation was
spurned by the May 19 report of the homeowner where Roxas and company were
abducted and by the report of the baranggay captain of the area where the
three were taken.
“We received a copy of Police C/Insp. Fernandez’ report last May 24, from
a Karapatan Central Luzon official who personally talked to the La Paz
police and was given the report,” Reyes said.
Tarlac provincial director S/Supt. Lacadin, eventually confirmed the
incident to the Police Anti-Crime and Emergency Response headed by Police
S/Supt. Leonardo Arias Espina. Further proof is that the PACER has
contacted Karapatan to formally inquire about the abduction.
Bayan said that it was the La Paz police report, based on their initial
investigation, which revealed that Roxas and company were forcibly taken
by at least eight armed men, wearing bonnets and riding a van last May 19
in Sitio Bagong Sikat, Bgy. Kapanikian, La Paz, Tarlac.
“It is ridiculous that the PHRC claims that no such report of an abduction
was ever filed. It’s obvious that the PHRC did not conduct its own
investigation. It seems that it merely relied on word of non-governmental
organizations like FIND and AFAD. That the PHRC did not conduct its own
probe shows the very little regard it has for the plight of the abducted
activists,” Reyes said.
“What is even more outrageous is that despite not conducting its own
thorough investigation, despite existing police reports, the PHRC is now
forwarding the theory that the three abducted activists were held by the
New People’s Army. What is the PHRC’s basis for saying this? What shred of
evidence to they have?” the Bayan leader asked.
Bayan believes that as in previous cases of disappearances, the Arroyo
government is quick to absolve the military from any involvement and
shifts the blame to other entities like the NPA. This theory lacks any
credibility even with the international community, the group said.
“There are credible indications that the three were abducted by elements
of the military and were taken possibly to a military camp before their
eventual release. There is an ongoing investigation as to the
circumstances of the abduction. Right now, the organizations and the
families of the victims are focused on looking after the recovery and
well-being of the three,” Reyes said.
“The PHRC, by prejudging the incident as a mere propaganda tool by Bayan
and Karapatan, shows that it has really no intention of uncovering the
truth behind the abduction of Roxas and company. The Philippine government
is more interested in saving face. From their statements, it is clear that
the Arroyo government is gearing for another cover up, first by trying to
downplay the incident and next, by blaming it on the NPA,” he added.
Bayan believes that in time, the truth will come out. “And when it does,
no amount of official cover up can suppress it,” Reyes said. ###
*Philippine Embassy*
*News Release*
*27 May 2009*
* *
*UPDATE ON THE RECENT ALLEGED ABDUCTION OF MELISSA ROXAS, JUANITO CARABEO,
AND EDWARD HANDOC AS REPORTED BY KARAPATAN AND BAYAN*
27 May 2009. The Philippine Government is committed to the protection and
promotion of human rights and takes very seriously any report or
allegation
of abuse of human rights. With regard to reports on the abduction of
Filipino American activist Melissa Roxas and her two companions, Juanito
Carabeo and Edward Handoc, police authorities are currently investigating
this. We encourage all those who may have information to cooperate with
the
police.
As allegations of abuse of human rights has been made, the Presidential
Human Rights Committee (PHRC) has looked into this and its Secretariat
released today the following update:
*“As a policy, we consider with serious doubts all allegations of human
rights violations from groups like Karapatan, Bayan and their allied
organizations, given their penchant for and track record in coming up with
unfounded allegations, and for bringing such cases before the media and
international organizations with nary an intent to officially refer such
cases to government for proper action. *
*We recall the 836 alleged cases of unsolved killings (aka extra-judicial
killings) Karapatan released to media in 2006 but which was eventually
debunked to be an exaggeration, and the recent 1,016 alleged cases of
torture it raised before the UN Committee Against Torture and which to
this
date remain unsubstantiated.*
*Hence, on this recent allegation of abduction and enforced
disappearances,
the PHRC Secretariat immediately referred the matter to the Coalition
Against Involuntary Disappearances (CAID), a more credible alliance of
NGOs
involved in cases of disappeared persons, to verify if indeed such a case
did exist. *
* Initial information from the Families of Involuntary Disappearances
(FIND)
and the Asian Federation Against Disappearances (AFAD), both active
member-organizations of the CAID, based on their on-going investigations,
revealed the following:*
*• There are no reports of this case in the local government office or
with
local police authorities of the Municipality of La Paz, Tarlac, where the
abduction allegedly took place, filed by anyone, let alone Bayan and
Karapatan. This is surprising considering that both organizations would
know that the standard operating procedure is for such cases to be
immediately filed by the interested party/ies.*
*• Roxas has already surfaced, while Carabeo and Handoc are allegedly
still
missing. On the other hand, Roxas, and for that matter Bayan and
Karapatan,
have yet to come out with a statement as to the actual circumstances of
the
alleged abduction.*
*• There is strong possibility that Roxas and company were on an
“immersion” in NPA-infested areas. And that the NPAs could have hidden
them
for safety purposes, perhaps after receiving reports of a possible
encounter
or attack by government forces. At some point, organizations like Bayan
and
Karapatan wanted to take advantage of the situation by letting loose a
press
statement that an abduction took place, in anticipation of the possibility
that Roxas and company would be killed in the crossfire. Fortunately, no
such incident occurred. *
* Another scenario being contemplated on is that Roxas was released by the
NPAs precisely because her “immersion” was over, and that her two
companions, being actually active members of the movement, have opted to
stay on with their colleagues.*
*• Despite due diligence by FIND and AFAD, there are no leads that direct
to an incident of abduction.*
*Simply put, there is high probability that the alleged abduction of these
persons has been fabricated.*
*Karapatan and Bayan have been very silent lately. There is apprehension,
even among other NGOs and CSOs, that both are busy fabricating another
story
to explain the sudden surfacing of Roxas and the continued “disappearance”
of the other two, all at the expense of the Philippine government.*
*As of this writing, law enforcement authorities contacted by the PHRC
Secretariat have denied ever receiving reports or having been informed of
any abduction. *
*The PHRC Secretariat shall be posting developments on this case.” *END.
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Carabeo surfaced, no word
yet on Handoc
Initial reports from relatives and Karapatan Central Luzon confirm that
Juanito Carabeo has surfaced and is now with his family. We're still
checking on status of John Edward Handoc.
No additional details are available.
Carabeo, Handoc and Fil-Am activist Melissa Roxas were abducted by at
least 8 armed men last May 19 in La Paz, Tarlac province. Roxas surfaced
yesterday, six days after the abduction.
--------------------------------------
Search continues for
companions of abducted Fil-Am activist
News Release
May 26, 2009
While happy that Filipino-American activist Melissa Roxas was surfaced
yesterday morning, the Bagong Alyansang Makabayan said that the search for
her companions Juanito Carabeo and John Edward Handoc continues.
“It is regrettable that military and the police are either clueless or in
a state of denial over the abductions of Roxas, Carabeo and Handoc. We are
demanding the immediate surfacing of Carabeo and Handoc and an end to the
pattern of enforced disappearances happening under the Arroyo regime. We
call on Gloria Macapagal Arroyo herself to address the issue of the
abduction of the three activists,” said Bayan secretary general Renato M.
Reyes, Jr.
“The military in Tarlac claims that no such abduction took place. Are they
not aware of a formal report filed by the La Paz police? We are again
seeing the start of a wave of denial from the military. It is very
unlikely that the military does not know the incident. They may be trying
to cover up something,” Reyes said.
The three were abducted last May 19 in La Paz, Tarlac by at least eight
armed men wearing bonnets and on board two motorcycles and a Besta van.
The account came from the report of the La Paz police after receiving a
complaint from witnesses in the abduction.
Roxas was surfaced after six days of being disappeared. The circumstances
regarding her release are still unknown.
“We are holding the Arroyo government responsible for the abduction or
Roxas and the continued disappearnce of Carabeo and Handoc. The manner of
abduction has all the trademarks of a mliitary operation,” Reyes said.
Bayan’s chapter in the US has undertaken a campaign to release Roxas,
Carabeo and Handoc.
“The abductors of Carabeo and Handoc must respect their rights. No harm
must come to them. Too many have been abucted under this regime, some
tortured, others never seen again. And since no one has been punished,
there is now impunity,” Reyes said.
“What is needed now is to exert more pressure on the Arroyo regime to do
everythin to surface the two abducted activists. We also hope that the
United States government would stop supporting the Arroyo regime now that
an American citizen has been a victim of abduction by suspected state
security forces,” he added. ###
------------------------------------
MELISSA ROXAS' SURFACING A
VICTORY OF THE PEOPLE'S STRUGGLE, BUT THE SEARCH CONTINUES FOR CARABEO &
HANDOC-- BAYAN USA
News Statement
May 24, 2009
Reference: Rhonda Ramiro, Secretary-General, BAYAN USA, email:
secgen@bayanusa.org
The US Chapter of Bagong Alyansang Makabayan, or BAYAN USA, an alliance of
14 Filipino social justice organizations across the United States, is
elated to confirm that Filipina-American activist Melissa Roxas, 32,
surfaced hours ago in Manila as of Sunday, May 24th. BAYAN USA confirmed
this report with the human rights group Karapatan. A detailed account
about the circumstances of her surfacing is still forthcoming.
"We are happy to hear about Melissa's surfacing, but we are still
concerned about the whereabouts of her two companions, Juanito Carabeo and
John Edward Handoc, who were abducted along with Melissa on May 19th and
are still missing to this day," states BAYAN USA Chair Bernadette Ellorin.
"We fully intend to pursue the demand for the surfacing of Carabeo and
Handoc, as well as justice for Melissa. This abduction should never have
taken place."
Roxas, Carabeo, and Handoc, all members of a medical mission team in La
Paz, Tarlac, were reportedly abducted at gunpoint by at least eight masked
men in the middle of the night last week. Upon learning of Roxas, Carabeo,
and Handoc's enforced disappearance, BAYAN USA, along with BAYAN
Philippines and Karapatan, exerted strong efforts calling for their
immediate surfacing, including releasing an online petition addressed to
US elected officials that gathered hundreds of signatures in a matter of
hours.
"Because more than five days had passed since their abduction, we believe
Melissa's surfacing is a direct result of rapid community response and
international pressure exerted from the Philippines and the United States
first and foremost," Ellorin continued. BAYAN USA in Southern California
has also been working closely with Roxas' family in Los Angeles in their
campaign efforts to surface Roxas and her companions in the Philippines.
Roxas, a founding member of the cultural organization Habi-Arts in Los
Angeles and founding Southern California Representative for BAYAN USA,
went to the Philippines in 2007 to pursue human rights advocacy full-time.
Her move was set amidst an acute human rights crisis in the Philippines
that includes reports of rampant extrajudicial killings, enforced
disappearances, illegal arrest, torture, and summary executions. In 2005,
Roxas participated in an international fact-finding mission investigating
human rights violations throughout the Philippines under the Arroyo
administration.
On Wednesday, May 27th, BAYAN USA member organizations across the United
States will be launching actions denouncing the Visiting Forces Agreement
(VFA), a military pact that allows for the basing of US military troops in
over 20 ports throughout the Philippines. Included in these actions will
be the call for justice for Melissa Roxas and for the immediate surfacing
of Juanito Carabeo and John Edward Handoc. BAYAN USA firmly believes the
continuing, unabated human rights violations committed by the Philippine
military and death squads are generously funded by US military aid to the
Arroyo government. BAYAN USA also ultimately holds the Arroyo government
accountable for the pattern of killings and abductions against civilians
critical of the regime since 2001.
"As we continue to campaign for justice for Melissa, Juanito, and John
Edward, we are consciously raising awareness of the role of US tax dollars
in funding these abductions and other human rights violations. There are
hundreds more victims of politically-motivated abductions in the
Philippines that are still missing to this day," Ellorin ended. ###
----------------------------------
Bayan calls on Arroyo
government to surface Fil-Am activist Melissa Roxas and companions
News Release
May 24, 2009
The Bagong Alyansang Makabayan is calling on the Arroyo government, the
Department of National Defense and the Armed Forces of the Philippines to
immediately surface Melissa Roxas, an American citizen of Filipino
descent, and a member of BAYAN-USA and the cultural group Habi Arts based
in Los Angeles, California.
Roxas was abducted last May 19 at around 1:30 pm in Sitio Bagong Sikat,
Bgy. Kapanikian, La Paz, Tarlac. She was with two other volunteers,
Juanito Carabeo and John Edward Handoc.
Based on reports filed by the human rights group Karapatan and the La Paz
police, Roxas and her companions were taken by at least 8 fully-armed,
bonnet-clad men on board two motorcycles and a Besta van without any plate
numbers.
Since the abduction, there has been no word on the whereabouts and
condition of Roxas and her companions.
Roxas is the first case of a Fil-Am activist to be abducted by suspected
state security forces.
“It is indeed urgent that Melissa and her companions be surfaced. No harm
must come to them. Their rights must be respected. We are outraged that
these abductions continue despite repeated condemnation here and abroad,”
said Bayan secretary general Renato M. Reyes, Jr.
Bayan said that the human rights group Karapatan will be spearheading the
search for Roxas. “The burden of surfacing Melissa, as in similar cases of
abductions, now lies with the Arroyo administration. We also call on the
international community to exert pressure on the Arroyo government for it
to act swiftly to surface Melissa,” Reyes added. ###
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