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of the Philippines the criminal justice system is - Article 2

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to <strong>the</strong> detachment, where he was fur<strong>the</strong>r interrogated. He wrote<br />

a statement under duress concerning h<strong>is</strong> membership with <strong>the</strong><br />

union and how he was treated by <strong>the</strong> military, but <strong>the</strong>y did not<br />

accept it. They instead allegedly prepared a fabricated statement<br />

and forced Paraon to sign it.<br />

Ano<strong>the</strong>r victim, Herminio Zuniga, reportedly suffered trauma<br />

and stopped speaking to h<strong>is</strong> fellow workers and union members<br />

after interrogation.<br />

All <strong>the</strong> alleged incidents were reported to <strong>the</strong> national and<br />

regional <strong>of</strong>fices <strong>of</strong> <strong>the</strong> Comm<strong>is</strong>sion on Human Rights, but <strong>the</strong>re<br />

had been no response by time <strong>of</strong> documentation.<br />

Haron Abubakar Bu<strong>is</strong>an: A “justifiable degree <strong>of</strong> force”<br />

On 12 December 2005, at around 6pm Haron Abubakar Bu<strong>is</strong>an<br />

was riding on a motorcycle toge<strong>the</strong>r with three o<strong>the</strong>r persons<br />

from Maasim, Sarangani, Mindanao when policemen attached<br />

to <strong>the</strong> General Santos City Police Office—some in plain clo<strong>the</strong>s<br />

and o<strong>the</strong>rs wearing black jackets with “SWAT” (Special Weapons<br />

and Army Tactics) printed on <strong>the</strong>m— intercepted and arrested<br />

<strong>the</strong>m. They did not present any warrant <strong>of</strong> arrest or inform <strong>the</strong>m<br />

<strong>of</strong> any charges against <strong>the</strong>m. They took <strong>the</strong> four men to <strong>the</strong>ir<br />

headquarters in <strong>the</strong>ir service vehicle, during which time Bu<strong>is</strong>an<br />

was allegedly repeatedly kicked and severely beaten all over h<strong>is</strong><br />

body and face with a stone.<br />

Upon reaching <strong>the</strong> police headquarters at <strong>the</strong> Camp Fermin<br />

G. Lira, <strong>the</strong> police released Bu<strong>is</strong>an’s three companions while he<br />

was held in custody for three days without charge. He was allegedly<br />

tortured into admitting that he <strong>is</strong> really “Ariel Bansalao”, a man<br />

wanted for robbery. He was later transferred to <strong>the</strong> Pendatun<br />

Police Station.<br />

On December 23, Bu<strong>is</strong>an’s family lodged a habeas corpus<br />

petition in court. Judge Isaac Alvero Moran <strong>of</strong> Regional Trial Court<br />

Branch 36 reportedly denied <strong>the</strong> petition and pushed through<br />

with <strong>the</strong> filing <strong>of</strong> robbery charges and illegal possession <strong>of</strong> firearms<br />

against Bu<strong>is</strong>an, in connection with a bus robbery in Barangay<br />

Katangawan, General Santos City on 11 April 2005 (Criminal<br />

Case No. 18639). The victim’s family completely denied h<strong>is</strong><br />

involvement, claiming it <strong>is</strong> a case <strong>of</strong> wrong identity.<br />

During <strong>the</strong> hearing, police director Senior Superintendent<br />

Alfredo Toroctocon and Judge Moran were seen toge<strong>the</strong>r with a<br />

prosecution witness who reportedly had earlier suffered from a<br />

coma and could not speak. The court may have filed <strong>the</strong> charges<br />

against Bu<strong>is</strong>an based on <strong>the</strong> witness’ facial gestures.<br />

Bu<strong>is</strong>an was remanded to <strong>the</strong> General Santos City Reformatory<br />

Center and h<strong>is</strong> family filed ano<strong>the</strong>r petition to <strong>the</strong> court to have<br />

him examined by an independent and private physician, which<br />

was also denied. The police claimed that Bu<strong>is</strong>an had already been<br />

examined by a physician but refused to give evidence to <strong>the</strong> family.<br />

They also refused to turn over h<strong>is</strong> motorcycle, even though it <strong>is</strong><br />

unconnected with <strong>the</strong> charges he <strong>is</strong> facing and <strong>the</strong>refore not<br />

needed as evidence.<br />

108<br />

VICTIM:<br />

Haron Abubakar Bu<strong>is</strong>an<br />

INCIDENTS:<br />

Illegal arrest; torture<br />

ALLEGED PERPETRATORS:<br />

Plainclo<strong>the</strong>s personnel <strong>of</strong><br />

General Santos City Police<br />

Office and SWAT T personnel<br />

DATE: 12 December 2005<br />

AHRC UA-251-2005<br />

UP-007-2006<br />

UP-047-2006<br />

UP-150-2006<br />

UP-186-2006<br />

article 2 • February 2007 Vol. 6, No. 1 111

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