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13 lumads released after 36 hours of detention

Davao City - The Katribu Party-list denounced the arrest and detention for more than 36 hours of 13 farmers--mostly, Lumads--by soldiers of the 25th Infantry Battallion-10th Infantry Division in Monkayo town, Compostela Valley. The Indigenous people's sectoral partylist group and the Union of Peoples Lawyers in Mindanao (UPLM) secured the release and custody of the victims Thursday.

Now in the custody of their relatives and rights groups, the victims narrated how they were wrongfully accused as members of the New Peoples' Army (NPA) and how, worse. they were physically and mentally tortured by their captors.

The 13 --- namely Nilo Sinao, 48 yo, Alfonso Mangubat, 45 yo, Edmund Cutor, 19 yo; Francisco Linantod, 19 yo; Emilio Villaniso Jr., 18 yo; Junrex Linantod, 21 yo; Baden Mangubat, 37 yo; and Roy Villaniso, 20 yo and Mary Jane Yurong, 23 yo, Anastacia Villaniso, 59 yo; and Boicy Villaniso, 23 yo, and two (2) 15 year old girls (minors) -- were accosted last March 7 by elements of the 25th IB who accused them as members of the New People's Army. They were brought to the Philippine National Police station, where, save for the two minors, all eleven were kept behind bars for more than 36 hours without charges filed against them.

“We condemn this blatant transgression of human rights of hapless civilians and Lumad communities. Time and again, the military has targetted the Lumads in its counter-insurgency operations, now intensified under the Oplan Bantay Laya 2,” said Kerlan Fanagel, Katribu Partylist nominee.

The victims recounted how they were all forced to admit that they were NPA members under pain of death. The three Villanisos were all subjected to physical torture. Their heads were wrapped with plastic cellophanes to suffocate them. They were asked to squat under the heat of the sun for several hours while the 25th IB elements placed piles of rocks or pots on their stretched arms and pointed knives on their necks.

Late charges filed at the Provincial Prosecutors Office in Comval and statements from Monkayo Police Chief Inspector Maj. Rodericko Roy pointed to the victims as suspects in the case of frustrated murder, murder and illegal possession of explosives, linked to a recent skirmish between the NPA and the military where one soldier died and 2 others were wounded.

Katribu said prior to the 13 victims of torture and illegal detention, 7 lumads and farmers from Sta. Cruz who are also Katribu and Anakpawis leaders and members have been slapped with trumped-up charges by the 39th IB, which is also under the 10th Infantry Division.

Katribu said it won’t back out against its detractors, be it Mrs. Arroyo herself, Defense Chief Gonzales or 10thID Chief Holganza.

Counter cases set to be filed against the 25th IB - 10th ID are being prepared by UPLM lawyers together with the victims.

Thirteen (13) residents of Compostela Valley, Philippines tortured and illegally arrested by soldiers
UA No: 2010-03-06
UA Date : 27 March 2010
UA Case : Torture, Illegal Arrest and Detention, Physical Assault,
Threat/Harassment/Intimidation

Victim/s : Boicy P. Villaniso, 23, farmer and small scale logger
Roy P. Villaniso, 20, farmer and small scale logger
Emilio P. Villaniso, 18, farmer and small scale logger
Mary Jane O. Yurong, 23, farmer and small scale logger
Junrex A. Linantod, 21, farmer and small scale logger
Francisco A. Linantod, 19, farmer and small scale logger
Christina J. Arances, 15, farmer and small scale logger
Victim/s : Alfonso B. Manggubat, 45, farmer and chain saw operator
Baden V. Manggubat, 37, farmer and small scale logger
Edmund Q. Cutor, 19, farmer and small scale logger
Nilo K. Sinao, 48, farmer and small scale logger
Anastacia P. Villaniso, 59, farmer and small scale logger
Mary Grace P. Villaniso, 15, farmer and small scale logger
Place of Incident : Kalabirahan, Brgy. Ulip, Monkayo, Compostela Valley

Date of Incident : March 7-11, 2010
 

Alleged Perpetrator(s): around 60 combined elements of the 25th IB-PA and Scout Rangers
led by 1st Lt. Soreno and Lt. Col. Gilbert Saret

Account of the Incident:

There was allegedly an encounter between the military and the New People's Army (NPA) in Brgy. Salvacion in Monkayo, Compostela Valley on March 5, 2010. Two days after the said incident, on March 7, at around 11:00 AM, brothers Boicy, Roy and Emilio Villaniso, Mary Jane Yurong (Boicy's common-law wife), brothers Junrex and Franciso Linantod, and Christina Arances (common-law wife of Francisco) were at Sitio Kalabirahan, Brgy. Upper to cut some trees and work on their farms. As they were preparing to go home, they saw around 30 soldiers coming their way. The soldiers accused them of being members of the New People's Army (NPA), ordered them to go out of the hut and assembled them in the yard. The soldiers ransacked the hut allegedly to look for firearms. The said farmers were separated from each other, interrogated and tortured.

Boicy was forced to eat newly cooked and very hot sweet potato. He was hit by the butt of a rifle on his forehead and abdomen. His fingertips were pummeled by a steel pot, hit by a rattan cane in the nape and was made to wear the pot over his head. Roy's head was wrapped with plastic. He was hit twice in the stomach with the butt of a rifle. His fingertips were likewise pummeled with the steel pot. His interrogator took his bolo and pressed it against his neck and shoulder. He was made to squat while carrying pots loaded with stones on outstretched arms. Emilio was also made to squat while a soldier hit him repeatedly in the stomach with a piece of wood. He was hit by the butt of a rifle in the nape. His fingertips too were thumped with a steel pot. He was lifted by his interrogator and threatened to be dropped head first if he won't admit he's an NPA. Junrex's head too was wrapped in plastic. He was choked and hit in the stomach with a piece of wood. His fingertips were thumped with a stone and he was made to squat carrying stones on both hands with arms outstretched. Then his interrogator kicked him in the shin and aimed a rifle at him. He was repeatedly banged against the door to force him to admit that he is an NPA. Two soldiers ganged up on Christina, who was intimidated and threatened to admit that she is a member of the underground movement. They were forcing her to divulge where the guns were allegedly hidden and to admit that she is a medic of the NPA. She was threatened to be buried together with the others if she denied the accusations.
 

At around 12:00 noon of the same day, the Villaniso's sister Baden was with her husband Alfonso Mangubat cutting trees a kilometer away from where her brothers were. With them were her daughter Mary Grace, widowed mother Anastacia, Edmund Cutor and Nilo Sinao. They were all preparing to leave when another group of about 30 soldiers stumbled upon them. The soldiers ordered them to stay put, they agreed out of fear. Then they started questioning them on the whereabouts on the NPA and where they buried the guns. They told them that they did not know where the NPAs are and that they they don't have guns. The soldiers did not believe them. They were ordered to follow the soldiers to the hilly part of the place about a kilometer away from the hut. Nilo was left behind. When they arrived at the place, they were separated from each other and were subjected to intense interrogation. They were accused of being members of the underground movement which they all denied. Then they were brought back to the hut. The soldiers told them to stay overnight. Again they the acceded out of fear.

At 6:00 AM, on March 8 after breakfast, Baden and his companions decided to head for home. The soldiers accompanied them because purportedly they were going in the same direction. Baden noticed that the soldiers encircled them as they walked. When they arrived at the crossing of Kalabirahan, they saw the group of soldiers detaining Boicy and the others. The two groups merged and instead of allowing them to go home, they were brought by the soldiers to one of their detachments in Sitio Depot. At 10:00 PM, they were boarded on a 6x6 truck and brought to the 25th IBPA barracks in Poblacion, Monkayo.

They arrived there at around 11:30 PM. From the time they arrived until 2:00 AM the next day, March 9, the victims were once again subjected to intense interrogation and some were again physically tortured. They were photographed holding signs with their alleged position in the underground movement written on them. They were made to sign documents which they did not understand and were not explained to them. Edmund and Francisco who were spared from physical torture on the first day were now subjected to it. Francisco was not hurt by the soldiers the previous day. One of the soldiers promised to help him become a CAFGU and to send Christina, his live-in partner to school. But in the barracks, that same soldier choked and hit him in the stomach. Edmund was taken out of his cell and was brought behind the building. His interrogator tied both of his hands behind him and choked him as they repeatedly hit his stomach forcing him to admit his involvement with the underground movement. Because of the intensity of the torture, Edmund soiled himself. He was then brought back to his cell and was not immediately allowed to wash himself. He endured his condition until the following day where he was given a pair of underwear and tattered short pants to change. They then applied hot compress to his stomach to lighten the bruises.

On March 10, at around 7:00 AM, after two days of detention in the barracks, the soldiers brought them to the Monkayo Police station and turned them over to the police. But the soldiers remained in the vicinity to harass and intimidate the relatives and the human rights workers from coming near the victims. In the police station, the victims were once again photographed holding signs, but this time, the signs had their names and alleged crimes. The victims’ fingerprints were taken and they were made to sign blank sheet of paper. They were detained overnight. Two minors were placed together in the same cell.

At around 9:00 AM, the following day, relatives of the victims were finally given the chance to see the victims. The visit was facilitated by the parish priest of the locality. At around 11:00 AM, the police and soldiers brought the eleven (11) adults to the Provincial Prosecutor's Office in Nabunturan, Compostela Valley for inquest. Mary Grace and Christina were turned over to the Department of Social Welfare and Development (DSWD). The eleven (11) were charged with Frustrated Multiple Murder, Murder and violation of the COMELEC gun ban. The victims' counsel questioned the illegality of the arrest because it exceeded the allowable number of hours to detain individuals before they are formally charged of their offense. The prosecutor concurred and ordered the release of the victims at 4:00 PM. The two minors were also released to their family by the DSWD.

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13 Residents: Soldiers forced us to admit we were NPA members

THIRTEEN residents of Monkayo, Compostela Valley have accused the military of forcing them to admit that they were members of the Sentro De Gravidad Front committee 20 of the New People’s Army.

Alfonso Mangubat, 50, farmer and one of the residents, said many of them were cutting wood when members of the 25 Infantry Battalion chanced upon in the forest of Monkayo.

 He said the soldiers invited them to come along, Mangubat said they were surprised when they reached in Monkayo, the soldiers already tagged them rebels.

Mangubat said it is a normal occurrence for them to see rebels in the forest. “Maagian man gyud na sa armado tungod kay kalasangan didto,” he said in a press briefing called for by the progressive organizations Karapatan, Katribu and Bayan.

He said  when the soldiers arrived that day; there were no sightings of the rebel in the area.

Mangubat told the soldiers that he was working  for the JB Timber Management based in Monkayo.

He asserted they were not members of the rebel movement but simply woodcutters.

Mangubat said the soldiers manhandled the younger ones among the 13 of them while the elderly were spared.

Francisco Linantod Jr., 19, seemed clueless about the firearms allegedly recovered by the military from the possession. “Wala ko kabalo na naay armas didto,” he said.

Mary Jane Yurong, 23, recalled seeing their companions being hustled by the soldiers during their investigation. “Ginaputos ilang mga ulo ug cellophane, gipuspusan, gitiunan ug kutsilyo unya gi-bastrok,” she said.

Yurong said she did not know about the guns and the military uniforms, which the soldiers were supposed to have recovered. She said the chainsaw was owned by his uncle, Alfonso Mangubat.

Members of the 25^th Infantry Battalion filed cases of illegal possession of firearms and explosives, murder and frustrated murder against the residents after they were allegedly apprehended in the forest area of Barangay Calaberahan, Monkayo, Compostela Valley Province, on March 7, two days after the soldiers clashed with the NPA in Barangay Salvacion, leaving one soldier killed and two others wounded.

They Soldiers claimed to have recovered a shotgun, a caliber .357 revolver, amuunitions, military uniforms and propaganda materials from the accused.

Provincial Prosecutors’ Office of Compostela Valley Province ordered Thursday the release of the 13 accused after their legal counsel, lawyer, Goerge Rapista, asserted not to allow them to undergo in inquest proceedings since they were in the custody of the military for four days before they were formally sued.

He told Radio Mindanao Network that the detention of the accused was illegal as they were jailed  for four days without formal complaint.

“They cannot fall under inquest proceedings because they were apprehended in March 7 and the case was only filed March 11, approximately four days. Under the law, no matter how strong  the complaint, the case must be filed within 36 hours,” Rapista said.

He said the case must be appreciated through regular filing, where the respondents will be made to respond to the complaint, in which they must not be detained. JGD

Note: Lumabas ito after the Press Conference conducted last march 12. sa Mindanao Times ito lumabas a local news paper.

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Children’s Rehabilitation Center

Southern Mindanao Regional Office

PRESS RELEASE

18 March 2010

2 children victims of Monkayo 13 are psychologically distressed – children’s rights group

Children’s rights advocacy group expressed today their condemnation on the worsening violations of children’s rights in Southern Mindanao due to the Arroyo government’s intensified counter-insurgency campaign. 

“Under the Arroyo government’s Oplan Bantay Laya, children suffered as their parents suffered from various forms of human rights violations. Now they are even made targets themselves by the State security forces”, said Children’s Rehabilitation Center Southern Mindanao Regional Director Girley Layaguin.

Layaguin cited the March 7 incident in Monkayo, Compostela Valley Province where 13 innocent civilians, mostly farmers, including 2 minors, were illegally arrested and tortured by the elements of 25^th Infantry Battalion under the 10^th Infantry Division. The 2 girl-children, Ivy and Tere (not their real name), both are 15 years old, were coerced and psychologically tortured to admit that they are “NPA child soldiers”. But, these allegations of the military were proved wrong by the families and relatives of the victims.

“The two girl-minors were illegally arrested together with the adult victims who are their relatives. They were illegally detained inside the military camp before were transferred to Monkayo Police Station”, said Layaguin.

CRC facilitated the psychosocial therapy session with the 2 children-victims on March 14 and it found out psychological distress manifested by anxieties, repeated nightmares, fear of seeing men in uniform, and tensions.

“These are clear violations of children’s rights. The military violated Republic Act 7610 (Special Protection to Filipino Children, Republic Act 9262 (Anti-Violence Against Women and Children), United Nations Convention on the Rights of the Child (UNCRC) and the Comprehensive Agreement on the Respect of Human Rights and International Humanitarian Law (CARHRIHL)”, she added.

“The problem with the military is they target civilians during their operations. They have been raiding rural communities, capturing children, misrepresenting them as NPA “child soldiers”, detaining them for intimidation, humiliation and propaganda purposes, hostaging them and preventing their families and relatives from claiming them for long periods. This is worst than martial law because even the children are not spared from brutal and multiple violations of their rights”, stressed Layaguin.###

FOR REFERENCE:

Ms. Girley Layaguin, RSW

Regional Program Director

Children’s Rehabilitation Center-

Southern Mindanao Regional Office (CRC-SMRO)

Contact No. (082) 222-5191

Davao City- Victims of Monkayo 13 filed a case at the Commission on Human Rights (CHR) Region 11 against the elements of the 25th Infantry Battalion for Illegal Arrest, Illegal Detention and Torture last March 12, 2010. 

Picket rally vs the 10th Infantry Division at Camp Panacan

Photos courtesy of Kabiba Alliance

Davao City- Xix days after they were released, the Monkayo 13 held a protest rally together with KARAPATAN, BAYAN and Hustisya Southern Mindanao Region in front of the 10th Infantry Division camp in Panacan, Davao City.
Photos courtesy of -KABIBA Secretariat-

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KARAPATAN
March 23, 2010

Press Release

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Medical records show torture of Monkayo 13; victims to file charges vs. 25^th IB military

DAVAO CITY- Contrary to earlier military claims that they were unharmed, the 13 victims detained last week were tortured according to Karapatan. 

Previously, military officials claimed that the 13 residents of Monkayo were NPA supporters and members and that they were brought to a doctor for medical check-up. This claim was denied by the victims.

"Dr. Ivy Boyose-Nolasco of Urban Integrated Health Services, Incorporated said that the findings are consistent with the victims’ statements that they were subjected to physical torture. This is the basis of a case filed by the victims against the elements of the 25^th IB who were responsible for the illegal arrest, illegal detention and torture," said  Karapatan Regional Secretary General Kelly Delgado. 

According to the sworn statements of the victims gathered by Karapatan, last March 7 at around 11:00 am in the logging area of Kalaberahan, Upper Ulip, Monkayo, Compostela Valley, the victims were busy preparing for their lunch when the soldiers arrived.  They were then ordered to group outside their house and were asked "where they hid their guns because they are members of the New People’s Army."  

After several hours, each of them was separated from the group and was subjected to various forms of torture. One of the victims, Boicy Villaniso, 23 years old, was forced to eat a scalding sweet potato. He was hit with the butt of a rifle at his forehead and belly while his captors pointed a knife at his side and shoulder. His fingers were pounded with a cooking pot and his nape was hit with an abaca reed. His head was later covered with a cooking pot (kaldero). His medical findings indicated 1.5 centimeters mark of abrasion, laceration and contusion at the back of his head and neck.

“Their heads were also covered with plastic cellophane.  Women were not even spared when one of the victims, Mary Jane Yurong, was threatened to be beheaded if she will not tell where the guns were buried,” Delgado said.

Another victim, Roy Villaniso, 21 years old, recounted how his head was covered with cellophane and suffered the same fate as that of his brother.  His captors pressed his bolo against his neck.

His medical findings indicated contusions and abrasions on his side, shoulder and back.

“This clearly shows that the civilians, women and children especially, bear the brunt of the military’s abuses because of the latter’s anti-insurgency campaign,” he added.

Delgado said that the military has violated Republic Act 9745 also known as the Anti-Torture Act of 2009 and Republic Act 985 also known as the Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity

For reference: KELLY M. DELGADO, Secretary General

                        Mobile No. 09203500069