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torturing and detaining them during their arrest suffered delays.
This is despite the findings of the Commission on Human Rights
(ChR) and the Department of Justice that there was prima facie
evidence against the policemen involved.
Not a single case was filed against the policemen in court.
These complaints have dragged on for 13 years and remain
pending before the Office of the Ombudsman for the Military
and Law Enforcement Offices (moleo), an agency with the
mandate to investigate administrative and criminal complaints
against security forces, which in turn has a mandate under the
Ombudsman Act of 1989 to “act promptly on complaints.”
The experiences of the Abadilla Five detainees not only reflect
the failure of the justice system in meeting its legal obligations,
but also reveal the reality of continuous suppression that other
victims may be experiencing with similar consequences when
seeking legal remedies. Any discussion on protection of rights
and freedom from torture must take into consideration questions
of court delays.
In a country where the system of justice – particularly the
courts and those investigating violations – is unable to hold public
officers accountable for their wrongdoing, it is clear that respect for
the norms and principles of human rights, the 1987 Constitution,
treaties and conventions it signed and even its own laws, only exist
on paper. The plight of these detainees raises serious questions
as to the credibility of the government in upholding respect and
protection of rights.
Failure on the part of the government has not only resulted
in the continuing detention and suffering of the Abadilla Five
detainees – who are victims of torture and fabricated charges –
but has also affected their families. Some have lost their property;
others are finding it hard to make ends meet. Their children
and grandchildren have faced discrimination; some have been
forced to work at young ages to support their families. The
detainees themselves have been forced to put up an emotional
and psychological fight due to the torture suffered and years of
detention.
Lenido, one of the detainees, has undergone a kidney
transplant and has to survive on his daily intake of medicines in
the heavily congested detention facilities at the new Bilibid Prison
in muntinlupa City. Augusto also has been mentally disturbed
due to long detention period. neither has been offered help or
rehabilitation.
The plight of the Abadilla Five reflects the harsh realities of the
defective justice system in the country. Action should be seriously
considered to ensure the protection of the rights of the accused,
seeking remedies for victims of violations, issues of court delays,
and holding accountable those who fail to perform their duties
and fulfill their obligations.
article 2 � June-Sept 2012 Vol. 11, No. 2-3
“
Any discussion on
protection of rights
and freedom from
torture must take
into consideration
questions of court
delays.
”
39