of the Philippines the criminal justice system is - Article 2

107
VICTIM:
1. Francis Paraon
2. Herminio Zuniga
3. Enrico Estarez
INCIDENTS:
Intimidation; torture
ALLEGED PERPETRATORS:
24th IB personnel, including
Lt. Col. Reyes, Col. Oliras &
Sgt. Gatos
DATE: 3 November 2005
onwards
AHRC UA-030-2006
110
Francis Paraon & others:
“If you lie, I can kill you in your house”
On 3 November 2005, a detachment of the 24th Infantry
Battalion (IB) set up on the basketball court beside the Barangay
Hall in Sta. Ines, San Miguel, close to the Console Farm where
members of the Samahan ng mga Manggagawa ng Console Farm
(Samacofa) union work. The purpose of the detachment was
reportedly to conduct an anti-insurgency campaign. After the
detachment was established, Lieutenant Colonel Reyes, Colonel
Oliras and Sergeant Gatos started summoning workers and
villagers for questioning.
On November 6, a number of heavily-armed military men went
to visit labour leader Enrico Estarez’s house. Estarez was not there
so the military started questioning his wife Elizabeth and
demanded she produce her husband. Later in the evening, Estarez
and several members of their union went to the military
detachment to clarify matters and asked them about their
operation at the farm. About fifty heavily armed soldiers led by
Colonel Oliras were present at the time.
While having the meeting, the military took several pictures
of Estarez. When he complained, he was told that if he had no
wrongdoing then he would not feel uncomfortable. The military
asked the group about the “Oust GMA [President Gloria
Macapagal-Arroyo]” painting on the Console Farm’s wall. The
union members and Estarez were pressed to explain why the
president was the object of their campaign. Colonel Oliras then
requested them to coordinate all their activities with the army.
After the incident, Estarez stopped work, left his family and
sought refuge elsewhere, causing disruption to his family life.
His wife was constantly visited by the military, threatening her
to reveal the location of her husband. On one occasion, soldiers
illegally searched her house.
After December 25, all union members became the subject of
harassment and frequent “invitations” by the military. All 12
union officers were reportedly placed under daily surveillance.
On December 28 around 8am Francis Paraon and his farm
manager, Mario Gelogo, were summoned for questioning. Gelogo
left Paraon behind after he spoke with the military. Lieutenant
Colonel Reyes allegedly approached Paraon told him, “You know
Francis, if you will lie, I can kill you in your house.” Paraon was
taken to a small dark room where he saw another five armed
military men in plain clothes. One allegedly pointed a gun at
him and then slammed it on top of the table where he was sitting.
They tried to gather information about the activity of the union
and communist rebels, about which he said he knew nothing.
When the answers he provided did not satisfy them, one of the
interrogators cocked his gun. The military also verbally abused
him and threatened to kill him. He was further asked about
persons unknown to him, and was questioned about the union
contributors and their funds. He told them that the records were
in his house, and was taken to his house to get them, then back
article 2 • February 2007 Vol. 6, No. 1