Lawyers hit SC for clearing Arroyo of torture raps

Saturday, December 3, 2011

A GROUP of militant lawyers said former President Gloria Macapagal-Arroyo should have not been absolved by the Supreme Court (SC) in connection with force disappearance and torture of a peasant in 2009.

Edre Olalia, secretary-general of the National Union of People’s Lawyers (NUPL), said Arroyo must be held accountable for human rights violations under her nine-year rule, following the concept of command responsibility.

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"Generally, the buck should stop with her and there are not only legal but political and moral bases for her accountability. But legally, this depends on the facts and circumstances of the case, the bases or grounds used, and the relief or remedy being sought," he told Sun.Star.

In a decision penned by Associate Justice Maria Lourdes Sereno, the High Court upheld the earlier ruling of the Court of Appeals regarding the alleged torture committed against a certain Noriel Rodriguez, a member of Alyansa Dagiti Mannalon Iti Cagayan (Kagimungan).

Kagimungan is an organization affiliated with the Kilusang Magbubukid ng Pilipinas (KMP), which has been a vocal critic of the Arroyo administration.

"Aside from Rodriguez’s general averments, there is no piece of evidence that could establish her (Arroyo) responsibility or accountability for his abduction. Neither was there even a clear attempt to show that she should have known about the violation of his right to life, liberty or security, or that she had failed to investigate, punish or prevent it,” the ruling said.

Meanwhile, officials of the Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP) are still not off the hook.

This developed as the SC ordered the Office of the Ombudsman and the Department of Justice to investigate any possible liability of the other respondents of the case.

Set to be probed are former AFP chief General Victor Ibrado, former PNP chief Director General Jesus Verzosa, former Lieutenant General Delfin Bangit, then Major General Nestor Ochoa, Brigadier General Remegio De Vera, First Lieutenant Ryan Matutina, and Lieutenant Colonel Laurence Mina.

"Failure to comply with the foregoing (after six months) shall constitute contempt of court," the ruling said.

While they were disappointed with the decision, rights group Karapatan is still hopeful that those responsible for Rodriguez’s torture will be jailed.

“The upcoming investigation is recognition that state agents are behind the rights abuses,” Karapatan deputy secretary-general Jigs Clamor said in a text message.

The decision stemmed from a petition filed by Rodriguez claiming that the military tagged KMP as an enemy of the state under Arroyo’s counter-insurgency program Oplan Bantay Laya, making its members targets of extrajudicial killings and enforced disappearances.

According to Rodriguez, he had just reached the village of Tapel, Cagayan onboard a tricycle driven by Hermie Antonio Carlos, when four men forcibly took him and forced him into a car last September 6, 2009.

Carlos said the men tied the hands of Rodriguez, ordered him to lie on his stomach, sat on his back and started punching him.

While in transit, the men allegedly forced Rodriguez to confess to being a member of the New People’s Army (NPA), but he remained silent.

The car then entered a place that appeared to be a military camp, where he was ordered anew to confess to his membership in the communist organization.

But he still declined to provide information, prompting the unidentified men to torture him.

After he was freed, Rodriguez said he had reached his house in Sta. Ana, Manila at 3 a.m. on September 18, 2009.

The next day, Dr. Reginaldo Pamugas, a physician trained by the International Committee on Torture and Rehabilitation, examined Rodriguez and issued a medical certificate stating that the latter had been a victim of torture.

On December 7, 2009, Rodriguez filed before the SC a petition for the writ of amparo and petition for the writ of habeas data with prayers for protection orders, inspection of place, and production of documents and personal properties dated December 2, 2009.

The court had granted the petition for writ of amparo and writ of habeas data. (Virgil Lopez/Sunnex)