PHILIPPINES: Torture victims speak out—Interview 7

PHILIPPINES: Torture victims speak out--"The evidence is suppressed to weaken a case" -- Interview 7

June 17, 2011

An interview with Rita Melecio, staff member of a local NGO documenting torture cases, published by the Asian Human Rights Commission

OVERVIEW: In this seventh interview in the series, Rita Melecio, a staff member of Task Force Detainees of the Philippines (TFDP) in Mindanao, talks about the obstacles in prosecuting the policemen and soldiers for charges of torture. The manner in which they suppressed evidence, from the moment a victim is arrested, taken to a doctor and remanded to jail are so sophisticated that it would not be possible to file a case.

The perpetrators, who are law enforcers and criminal investigators, know very well how to cover up any evidence of torture. The evidence is deliberately suppressed to weaken any complaints against them. In the Philippines, the legal requirements in filing a complaint is that they should contain the identity of the perpetrator, the location and place where the crime happened and proof of torture, before a case could be filed in court.

However, the perpetrators routinely blindfold torture victims to prevent their identities from being known; they are taken victims to many places to prevent the victims from ascertaining which court has jurisdiction to hear the complaint they could file; and even when victims are taken to the doctors, the latter would not conduct proper check-up because they have close working relationships with the perpetrators.

Q: Could you tell us the torture cases that you are handling--you can mention old or new cases if you like.

Rita: I could give an example of a new torture case that we are handling. It is about the torture case of Anuar Hasim. He was arrested on April 4, 2010 in General Santos City. What the (policemen) did to him was: they punched him hard in his chest, struck his chest with an Armalite rifle, punched his stomach, kick him, wrapped his head with plastic and strangle him with a plastic wire. They repeatedly tortured him to force him to admit a crime they wanted him to admit to.

Q: What was it that the police wanted him to admit?

Rita: He was allegedly a member of MILF (Moro Islamic Liberation Front). So, they were forcing him to admit; for example, on incidents of attacks allegedly by the MILF, they forced him to identify the persons responsible for that.

Q: At the time he was tortured the Anti-Torture Law was already in effect. Did you file charges?

Rita: Actually, we took up his case as a test case (for TFDP) for prosecution. This is what happened: when his family saw him in custody, the injuries in his chest was visible. The police took him to the doctor (Ma. Antoinetta Odi) for a medical check-up but they prevented his mother from entering the clinic. The doctor could not possibly ignore the visible injuries to his chest. Anuar also informed the doctor that he had been tortured; however, the doctor did not properly examine him.

After Anuar told the doctor what the police did to him, she did not speak to him again. The doctor left the clinic and did not return until the policemen took him out. The doctor did not do a medical test on him. She merely glanced at some parts of his body, tapped his body with a stethoscope and that is it. How could you check, say if in case he had internal injuries (on that type of check)? What they did to the victim was terrible.

Q: Is Anuar still in detention? What were the circumstances of his arrest?

Rita: He was driving a tricycle when there were persons who suddenly stopped him. The policemen in plainclothes arrived. They claimed they had an arrest warrant for him but they never showed it to him before they detained him. He is presently in Metro Manila after the court transferred the hearing of his case there. When he was arrested, the police did not show the warrant of arrest; and, even when we finally got the copy of the warrant of arrest the name written in the warrant to be arrested was not his.

Q: You were not able to pursue the case because there was no medical report?

Rita: Yes, we were not able to file a complaint because it (the medical report) is a pre-requisite as evidence in filing charges. We have no medical proof to prove that he was tortured. The doctor did not write anything What we try to do now is that we would take him for examination by a psychologist or a trauma counsellor. In doing so, at least if there we do not have proof of his injuries, we could prove the psychological effect of torture on him. Since the incident happened a long time ago, the injuries he had have healed; but in terms of the psychological effect of torture we could probably produce evidence on that.

After the incident, Anuar had several medical complaints to me, like he complained about chest pains, headache and others. What we do now is to have him checked by psychologist or psychiatrist.

Q: Apart from Anuar Hasim, could you tell us about other torture cases what you are handling?

Rita: There is another one. His name is Misuari Salih. He was arrested in January 9, 2010. What the soldiers did was: they held him incommunicado for three months and they blindfolded him. They electrocuted his sex organ and all over his body. His teeth were hit by iron bars. His gums and lips swelled. By the time I interviewed him, I could hardly notice the torture marks on his hands (because it already healed). He was chained by the ankles for three months like a dog. It was terrible because both of his ankles were chained. He could hardly move inside the room where he was detained and tortured. Sometimes, he was punched in his chest, his stomach and kicked. He was forced to admit a crime due to his alleged involvement with the MILF.

Q: Were the charges filed in court against the perpetrators?

Rita: We were not able to file a case. The incident happened on November 2009, it was the same month that the Anti-Torture Act of 2009 was just signed into law. (note: in the Philippines legislation signed into law could only take effect 15 days after it is published in a newspaper of general circulation).

Q: If you are a victim of torture, would you file charges?

Rita: Of course, but it is very crucial. For example, when you file a case medical proof (of torture) is required as evidence. But what if you do not have a medical certificate? In a situation where you are under the custody of the military and the police, would you be able to obtain medical attention? How could the victim possibly see a doctor? When they remand the victim to jail they make sure that torture marks are gone.

Torture is not only physical, which can be proven by medical proof. There is also a psychological effect of torture, but the problem is you can hardly prove the psychological effect unless the victim sees a psychologist or psychiatrist. But when you are held in detention, how could you do that?

In jail, the victim does not have access to that service (or there is no such service). For example, in the case of Anuar it was difficult. Because he was detained in General Santos City, it was difficult for us to take him to another city, Davao, to see a psychiatrist. In General Santos, they do not allow private practitioners. They require government medical practitioners. The doctors there would not admit him as their patient.

Also, there is an issue of security. The jail officers would not allow the (torture victims from going out of their jail) for consultation. You need to get a court order for that. It is difficult because the court also does not entertain you, really it is difficult.

Q: How about the victims, are they and their family willing to file charges?

Rita: About the case of Anuar Hasim, he and his family were convinced to file charges against the perpetrators. The problem is we could not file the case because there is no evidence (or the doctor deliberately suppressed the medical evidence by not examining him properly). Also, we are still in an ongoing process of to have him check by a psychologist. It is also difficult because the treatment would take some time and to determine the psychological effect of torture on him also takes time.

Q: In your case, do you provide psychological treatment for victims?

Rita: It is difficult, for example, you could not ask the psychologists or the psychiatrist to go to jail to perform the treatment and counselling Although we have a partner, Balay Rehabilitation, they are the ones who provide rehabilitation to torture victims, but I do not know what type of test they conduct to measure the extent of psychological effect of torture on victims. I was only told that they have tools to do that.

Q: You mean, normally you could not provide this type of treatment?

Rita: Yes. We do not have access. Once the victim is held in detention, it would be very difficult for them (to get treatment). We also had a case like that in 2007. He was detained for seven months and then he was released.

After he was released, we took him to Davao City to be check by the psychiatrist. In the medical report, the victim was diagnosed to have suffered from Post Traumatic Stress Disorder (PTSD). But the problem was we could not file the charges in court (even if we have the proof of torture) because the Anti-Torture Law was not yet in effect when the torture on him happened.

We also consider filing charges of maltreatment or similar to that, but again the problem was we did not know where we should file the complaint because the victim also does not know where he was tortured. In our legal system, in filing complaint in courts, the place where the crime was committed is very important. It is because it involves the jurisdiction of the court who should hear the case. But in his case, he does not know where (the place) where he was tortured, he was taken elsewhere and he was blindfolded.

Also, when you are on a blindfold, it is difficult because you could not identify who tortured and arrested you. That is what makes it difficult even more if you to pursue charges: you do not know which court (who had jurisdiction of the case) to file a case. You do not know who would be charged.

Q: In cases that you handle, how long does the court proceedings take?

Rita: It is delayed. The delay is terrible. We also have another case. He was arrested in 2000 but until now he is still in jail. We do not have any hold on the court. Sometimes, they postpone the hearing because there was no court judge, no prosecutor and the complainant does not appear. There are no witnesses. It is beyond our control. Once the case is postponed, the interval of the next hearing would be very long.

Q: How about looking for lawyers, are there lawyers available?

Rita: Actually, if we talk about the Moro victims, they are muslin detainees; we can approach Atty. Raissa Jujurie, a lawyer from the Bangsamoro Lawyers Network (BLN). But since she is alone also, we could not ask her to take all cases involving torture victims. There are other lawyers who also handle torture cases; and other victims seek assistance from the PAO (Public Attorney's Office) because our legal services could not cope with it. We do not have enough funds to pay for the lawyers. What we give (to the lawyers is a very small amount). Sometimes, we give them P1,000.00 (USD 21) each hearing or sometimes P1,500.00 (USD31). It is very cheap because that is good enough only for their transportation. The legal service is not included.

Q: What is your opinion about the Anti-Torture Law? What do you think about the victims being witness to the own cases?

Rita: Yes. Before, we documented a lot of torture cases. It took us long time also to lobby for the enactment of the Anti-Torture Law. Since I joined TFDP, we have been lobbying for the enactment of the Anti-Torture Law We lobby from the village officials, city, municipal and province asking them to issue Resolutions in support of the enactment of the law. We submitted to the Congress their Resolutions in support of the enactment of the law.

When the law was finally enacted, we were very glad that the victims could now file charges of torture but the problem is the victims fear filing a complaint. It was also difficult because you have to explain to them, you have to make them understand (about the value of filing charges).

For example, on my part I am responsible for documentation, before I proceed with interviewing the victims you have to inform them what their rights are, what is the law and what violations under the law have been committed on them. And if the person is a torture victim, you have to explain to him about the Anti-Torture Law and the importance of filing a complaint.

The problem is, of course the victims and their families are frightened; and you could not also assure their security once they are threatened. Because once they file a case, the victims would be definitely threatened.

Q: Does the victims usually know who tortured them?

Rita: No, because they were blindfolded. But we could probably know if we would know also who arrested them.

For example, in the case of Anuar Hasim, the Chief of Police (COP) of the Bula Police Station in General Santos City, where he was detained, was suspended and had been to an investigation. I am not sure what the progress of the investigation on him is or whether he had been cleared from any liability.

In this case, that COP was not involve in torturing the victim. It was the members of the police intelligence who tortured the victim. He mentioned some of their names (members of the intelligence) but he does not know their real names, only their nicknames. That is why we could not identify who tortured the victim. It is good to have a law against torture, but there are real problems. For example if the victim does not know who tortured him, who can they charge for torture?

Although you can mention that the person (perpetrators) is attached to, for example the Criminal Investigation and Detention Group (CIDG); and you could file torture charges against the head of the CIDG on the basis of the command responsibility but still it is not easy to file a case.

Q: What do you think the problem lies?

Rita: Probably, on cases where the victim is abducted, we would be able to know where the victim is held; then, we could facilitate to have the victim undergo medical attention because that is what the rules on evidence requires. This is because if you do not have a medical certificate your efforts are nothing. The prosecutors would just reject the case. If there is no evidence (of medical proof) proving the physical torture, you could also use the evidence on the psychological effect of torture; but it is difficult because you would have to go on a very lengthy process.

If the victim is in jail, you have to request for a court order first (before the jail officers would temporarily allowed him out for treatment or rehabilitation). It would be good if the victim is not held in detention, it is easy to facilitate and to have him check with psychologist or psychiatrist.

Q: How about the importance of a witness in a torture case?

Rita: For my part, the victim himself could narrate the account of torture as to what happened to him and supported with evidence, like medical certificate either physical or psychological effect. In torture cases, no one person can witness that, it is only the victim. Only the victim and the torturer know what happen.

The views shared in this interview do not necessarily reflect those of the AHRC, and the AHRC takes no responsibility for them.

About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

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