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of the Philippines the criminal justice system is - Article 2

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96<br />

VICTIM: Franc<strong>is</strong> Desacula<br />

INCIDENT: D<strong>is</strong>appearance<br />

ALLEGED PERPETRATORS:<br />

730th Combat Group air<br />

force personnel<br />

DATE: 9 January 2006<br />

AHRC UA-042-2006<br />

97<br />

VICTIM:<br />

Ustadz Habib Darupo<br />

INCIDENTS:<br />

Abudction, torture<br />

ALLEGED PERPETRATORS:<br />

Four unidentified armed men<br />

DATE: 24 October 2006<br />

AHRC UA-363-2006<br />

98<br />

Franc<strong>is</strong> Noel Desacula: “Don’t get mad, I will be home”<br />

On 9 January 2006, after 3pm, elements <strong>of</strong> <strong>the</strong> 730th Combat<br />

Group, Philippine Air Force set up a checkpoint in Barangay<br />

Malin<strong>is</strong>, Lemery, Batangas. Thirty personnel conducted<br />

inspections along <strong>the</strong> highway. Franc<strong>is</strong> Noel Desacula (35) went<br />

m<strong>is</strong>sing at that time, as he was on h<strong>is</strong> way home on <strong>the</strong> same<br />

highway. H<strong>is</strong> wife Ana expected him to return home that day but<br />

he did not. Instead, he briefly spoke to her on h<strong>is</strong> mobile phone<br />

and told her that he would come home after fin<strong>is</strong>hing h<strong>is</strong> work,<br />

but he did not mention h<strong>is</strong> whereabouts.<br />

On January 10, at 7:30am Desacula again called Ana, from a<br />

different mobile phone number. When Ana asked him why he<br />

was not using h<strong>is</strong> own phone, he said that <strong>the</strong> SIM card was<br />

blocked. Ana asked if he was okay and when he would come home.<br />

He prom<strong>is</strong>ed Ana to come home and told her, “Don’t get mad, I<br />

will be home. Just stay <strong>the</strong>re and wait for me.”<br />

On January 11, at 2:30pm, Ana called her husband’s new<br />

number to inquire why he had failed to return home. It took<br />

awhile before <strong>the</strong> mobile phone was answered. While speaking<br />

to her husband, Ana noticed her husband’s voice sounded as if<br />

he was suffering from pain, and she heard voices around him.<br />

Not long into <strong>the</strong> conversation, Desacula hung up, which he<br />

usually did not do. He only told h<strong>is</strong> wife that he was fine and<br />

prom<strong>is</strong>ed to come home. When Ana tried calling him back, <strong>the</strong><br />

phone was turned <strong>of</strong>f.<br />

On January 12, Ana sought help from <strong>the</strong> Batangas chapter <strong>of</strong><br />

human rights group Karapatan. They sought help from local<br />

<strong>of</strong>ficials and went to different military camps for days, hoping<br />

that <strong>the</strong>y could find Desacula, but failed. On January 18 Ana and<br />

two members <strong>of</strong> Karapatan were harassed by <strong>the</strong> military when<br />

<strong>the</strong>y went to <strong>the</strong> Air Force Camp in Palico Nasugbu, Batangas.<br />

Two personnel attached to <strong>the</strong> 730th Combat Group <strong>of</strong> Philippine<br />

Air Force (CGPAF) labelled <strong>the</strong>m supporters <strong>of</strong> commun<strong>is</strong>t rebels<br />

and <strong>the</strong>y were forced to leave without receiving any information.<br />

On January 19, one <strong>of</strong>ficer attached to <strong>the</strong> 730th CGPAF<br />

informed Karapatan by text message that <strong>the</strong>ir commanding<br />

<strong>of</strong>ficer, Colonel Ruben Carandang, had signed a statement<br />

denying that <strong>the</strong>y were holding Desacula inside <strong>the</strong> camp.<br />

A fact-finding inquiry conducted later found that residents <strong>of</strong><br />

Navotas, Balayan had seen Desacula on January 15, tied up and<br />

being used by military as a shield in <strong>the</strong>ir operations. Additionally,<br />

on January 16 he was seen by residents in Laurel, Batangas on<br />

board a military truck with elements <strong>of</strong> <strong>the</strong> Philippine Air Force.<br />

Torture, intimidation<br />

Ustadz Habib Darupo: Driven around and tortured in van<br />

On October 24, an Arabic teacher, Ustadz Habib Darupo<br />

(“Sonny”), went m<strong>is</strong>sing after he was forcibly abducted near a<br />

public market in <strong>the</strong> Municipality <strong>of</strong> Banaybanay, Davao Oriental<br />

when around 4pm he was riding on h<strong>is</strong> motorcycle with a<br />

article 2 • February 2007 Vol. 6, No. 1

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