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of the Philippines the criminal justice system is - Article 2

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The absence <strong>of</strong> a law on torture means that nei<strong>the</strong>r <strong>the</strong> police nor <strong>the</strong><br />

DSWD feels beholden to torture victims. The police cannot be charged<br />

for having committed torture. The social welfare staff cannot be held<br />

liable for <strong>the</strong>ir negligence or inaction.<br />

The AHRC supports Senator Aquilino Pimentel’s call that <strong>the</strong> chief <strong>of</strong><br />

police Gen. Arturo Lumibao conduct an investigation into <strong>the</strong> victims’<br />

allegations. The Police Regional Office <strong>of</strong> <strong>the</strong> Cordillera Admin<strong>is</strong>trative<br />

Region and Provincial Police Office <strong>of</strong> Benguet must answer <strong>the</strong><br />

accusations against <strong>the</strong>m. The accused <strong>of</strong>ficers should be immediately<br />

suspended until an investigation <strong>is</strong> concluded, and a dec<strong>is</strong>ion made<br />

regarding <strong>the</strong> filing <strong>of</strong> charges before quasi-judicial bodies and <strong>the</strong> courts<br />

if probable cause <strong>is</strong> establ<strong>is</strong>hed.<br />

The police and military in <strong>the</strong> <strong>Philippines</strong> will continue to use torture as<br />

<strong>the</strong>ir primary means <strong>of</strong> investigation until a law makes <strong>the</strong>ir practices<br />

illegal, and perpetrators are prosecuted. The constitution and <strong>the</strong><br />

Convention against Torture will only have meaning in <strong>the</strong> <strong>Philippines</strong><br />

when <strong>the</strong> government recogn<strong>is</strong>es its obligations under <strong>the</strong>se laws to<br />

treat torturers as <strong>criminal</strong>s. The government’s delay in introducing such<br />

a law <strong>is</strong> completely unacceptable and without justification.<br />

The Asian Human Rights Comm<strong>is</strong>sion again calls on <strong>the</strong> president <strong>of</strong> <strong>the</strong><br />

<strong>Philippines</strong> to place <strong>the</strong> passing <strong>of</strong> a law to <strong>criminal</strong><strong>is</strong>e torture among<br />

<strong>the</strong> government’s top priorities. Members <strong>of</strong> parliament too must ensure<br />

that th<strong>is</strong> law <strong>is</strong> passed without delay, so that no more Filipinos are<br />

denied <strong>the</strong> possibility <strong>of</strong> remedy and redress. The enactment <strong>of</strong> th<strong>is</strong> law<br />

<strong>is</strong> a precondition to <strong>the</strong> protection and improvement <strong>of</strong> all human rights<br />

in <strong>the</strong> <strong>Philippines</strong>.<br />

Windel Bolinget & o<strong>the</strong>rs: Constant threats<br />

In January 2006, three human rights defenders in Baguio City,<br />

Luzon were facing serious threats.<br />

Joan Carling, a member <strong>of</strong> <strong>the</strong> Cordillera People’s Alliance,<br />

was followed by two suspicious-looking persons riding on a<br />

motorcycle while on her way home from <strong>the</strong> <strong>of</strong>fice. On February<br />

10, her car was broken into while parked outside her house, and<br />

<strong>the</strong> lock to her house door also destroyed.<br />

Meanwhile, Windel Bolinget, <strong>the</strong> alliance’s secretary general,<br />

and Manny Loste, <strong>the</strong> Cordillera coordinator <strong>of</strong> <strong>the</strong> Bayan Muna<br />

party, have also noticed that <strong>the</strong>y have been followed when going<br />

home. An attempt was also reportedly made to abduct <strong>the</strong> wife <strong>of</strong><br />

<strong>the</strong> alliance’s vice chairperson, Ampi Mangile, but she res<strong>is</strong>ted<br />

and escaped.<br />

Earlier, in October 2005 <strong>the</strong>re was an attempted break-in at<br />

<strong>the</strong> alliance’s <strong>of</strong>fice. The perpetrators cut <strong>of</strong>f <strong>the</strong> electric supply<br />

and phone lines. They were about to enter <strong>the</strong> <strong>of</strong>fice block after<br />

destroying <strong>the</strong> gate’s padlock when a member <strong>of</strong> staff who was<br />

sleeping inside <strong>the</strong> <strong>of</strong>fice was awakened by <strong>the</strong> no<strong>is</strong>e. The<br />

perpetrators ran away after <strong>the</strong>y were yelled at. In December,<br />

vans with tinted windows were <strong>of</strong>ten seen parked near <strong>the</strong> <strong>of</strong>fice,<br />

and <strong>the</strong> security guards received several phone calls warning<br />

<strong>the</strong>m to leave.<br />

106<br />

VICTIMS:<br />

1. Windel Bolinget<br />

2. Joan Carling<br />

3. Wife <strong>of</strong> Ampi Mangile<br />

4. Manny Loste<br />

INCIDENT:Intimidation<br />

Intimidation<br />

ALLEGED PERPETRATORS:<br />

Unidentified men<br />

DATE: January 2006<br />

AHRC UA-067-2006<br />

article 2 • February 2007 Vol. 6, No. 1 109

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