of the Philippines the criminal justice system is - Article 2
of the Philippines the criminal justice system is - Article 2
of the Philippines the criminal justice system is - Article 2
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
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