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
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Take <strong>the</strong> case <strong>of</strong> 11 persons, two <strong>of</strong> <strong>the</strong>m minors, who were<br />
brutally tortured following <strong>the</strong>ir arrest in Buguias, Benguet on<br />
February 12. They were beaten on different parts <strong>of</strong> <strong>the</strong>ir bodies,<br />
exposed under <strong>the</strong> heat <strong>of</strong> <strong>the</strong> sun and had <strong>the</strong>ir hands tied behind<br />
<strong>the</strong>ir backs. They were also blindfolded, beaten on <strong>the</strong> genitals<br />
and threatened with death. Some were thrown into a pit and had<br />
soil, garbage and o<strong>the</strong>r matter dumped over <strong>the</strong>ir heads. They<br />
were electrocuted, stepped on and had <strong>the</strong>ir fingers squeezed<br />
with bullets inserted between <strong>the</strong>m. O<strong>the</strong>rs were suffocated with<br />
plastic bags or had <strong>the</strong>ir heads forced into pails <strong>of</strong> water. Buckets<br />
were also hung from <strong>the</strong>ir heads and water was poured into <strong>the</strong>m.<br />
They were forced to strip naked, at which point <strong>the</strong>y had freezing<br />
water sprayed on <strong>the</strong>m, all in an effort to have <strong>the</strong>m admit that<br />
<strong>the</strong>y were rebels.<br />
Armed village militia have also resorted to brutal beatings while<br />
conducting “arrests”. On 13 August 2006, 16-year-old Don Bon<br />
Diego Ramos was severely beaten by a militia in Pasig City. The<br />
boy was on h<strong>is</strong> way home after watching a concert when <strong>the</strong><br />
perpetrators attacked and arrested him. They falsely accused<br />
him <strong>of</strong> throwing stones and creating a d<strong>is</strong>turbance. When <strong>the</strong><br />
boy asked, “Why are you arresting me?” he was allegedly<br />
repeatedly beaten with a wooden club.<br />
“<br />
<strong>the</strong> AHRC<br />
<strong>is</strong> not aware <strong>of</strong><br />
any case<br />
where<br />
compensation<br />
has been<br />
awarded<br />
”<br />
No compensation<br />
Republic Act 7309, an Act creating a Board <strong>of</strong> Claims under<br />
<strong>the</strong> Department <strong>of</strong> Justice for victims <strong>of</strong> unjust impr<strong>is</strong>onment or<br />
detention and victims <strong>of</strong> violent crimes, in principle establ<strong>is</strong>hes<br />
a means for compensation in its section 3(d) for “any person who<br />
<strong>is</strong> a victim <strong>of</strong> violent crimes [including those] committed with<br />
malice which resulted in death or serious physical and/or<br />
psychological injuries, permanent incapacity or d<strong>is</strong>ability,<br />
insanity, abortion, serious trauma, or committed with torture,<br />
cruelly or barbarity”.<br />
The AHRC <strong>is</strong> not aware <strong>of</strong> any case where compensation has<br />
been awarded. For example, despite repeated appeals, no<br />
compensation, medical attention or trauma treatment were<br />
afforded to torture victim Haron Abubakar Bu<strong>is</strong>an who <strong>is</strong> still<br />
detained in General Santos City. And although <strong>the</strong> Comm<strong>is</strong>sion<br />
on Human Rights <strong>of</strong> <strong>the</strong> <strong>Philippines</strong> has decided to take up <strong>the</strong><br />
complaint <strong>of</strong> torture victims Jejhon Macalinsal and h<strong>is</strong> two<br />
companions, it has not <strong>is</strong>sued recommendations for <strong>the</strong>m to<br />
receive appropriate compensation and rehabilitation.<br />
Families <strong>of</strong> <strong>the</strong> d<strong>is</strong>appeared<br />
There <strong>is</strong> also inadequate help for <strong>the</strong> families <strong>of</strong> d<strong>is</strong>appeared<br />
victims. Reynaldo Manalo and h<strong>is</strong> bro<strong>the</strong>r Raymond were forcibly<br />
abducted and subsequently d<strong>is</strong>appeared on 14 February 2006 in<br />
San Ildefonso, Bulacan. Although relatives have tried to seek<br />
help from <strong>the</strong> military to locate <strong>the</strong> victims—despite having<br />
suspicions that <strong>the</strong> military could be involved—<strong>the</strong>y were only<br />
told “not to worry and that <strong>the</strong>y would coordinate with those<br />
article 2 • February 2007 Vol. 6, No. 1 123