Case PHL 280308
Abduction/ Alleged illegal arrest and detention/ Fear for safety
The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in the Philippines.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Alliance for the Advancement of Peoples' Rights (KARAPATAN), a member of OMCT SOS-Torture network, about the abduction and alleged illegal arrest and detention of Mr. Jaime "Jimmy" Soledad (58 years old), his wife, Mrs. Clarital Luego (50 years old), and Mrs. Vilma Madrazo (37 years old), cousin of Mrs. Clarital Luego on 20 March 2008, around 4:00 p.m. by ten unidentified men in plain clothes, alleged to be elements of the Philippines National Police (PNP). Both Mrs. Clarital Luego and Mrs. Vilma Madrazo were subsequently released but Mr. Jaime Soledad remains detained and there are reported fears for his safety.
According to the information received, on 20 March 2008, at around 4:00 p.m., Mr. Jaime Soledad and his wife met at the place of Mrs. Vilma Madrazo, in front of the 7-11 branch across the gates of Camella Homes Springville City (North) at Molino 3, Cavite, to discuss about a store that was being sold by Mrs. Clarital Luego. As they were about to leave to board a tricycle, more than ten unidentified men in plain clothes reportedly approached them and bound the victims' wrists behind their backs with handcuffs. One of the men said that they were under arrest, but reportedly did not present any identification. The three victims were then forced into separate vehicles.
According to present witnesses, the perpetrators forced the victims inside parked vehicles, i.e. a silver van (Adventure type), a brown vehicle and a couple of white cars that sped towards the direction of SM Molino. One of the store clerks reportedly said that an MMDA (Metropolitan Manila Development Authority) traffic enforcer recognized the perpetrators to be member of the Talaba Police. Mrs. Vilma Madrazo, who was reportedly released on the same evening, recounted that she was blindfolded inside the car and her cellular phone was seized. She recalled travelling for approximately two hours when she requested to use a bathroom after which she was told that they were nearing their destination. When they arrived, Mrs. Vilma Madrazo was reportedly guided to a restroom, and then she was brought into another room. She reportedly felt that the place where she was taken was an air conditioned office of some sort, and she heard conversations of male voices conversing in Waray and Tagalog. She reportedly heard a male voice asking her captors "Siya nab a" (Is she the one) to which one of the her captors allegedly replied "Oo, siya na" (Yes, it's her). Mrs. Madrazo was then asked for her name and address which she reportedly gave. She heard shuffling of papers and then a man spoke to her captors telling them to let her go for she is not in their list. Mrs. Madrazo reportedly asked about the Soledad couple and was told by her captors not to ask too many questions. She was then embarked into a vehicle and after almost two hours, they stopped and she was told to get out of the car, her handcuffs and blindfold removed. She recognized the place as Alabang, near the Metropolis Mall. When she asked about her cousins, she was reportedly told by one of them "Huwag ka na makikialam at magtatanong kung ayaw mong ibalik kita roon!" (Do not meddle or ask questions if you don't want me to take you back there!), and then the perpetrators sped off. This was around 9:00 p.m. of the same day. Mrs. Madrazo went back home to Cavite and informed Mrs. Clarita Luego's siblings of the events.
According to the same information received, on 22 March 2008, Mrs. Clarita Luego's sister, Mrs. Robisita Abenoja accompanied by Karapatan, conducted an ocular inspection of the place of incident and inquired with the local law enforcement agencies in Cavite. As of that time, there were no reports of the abduction or arrest, nor was there a report on requests for coordination with other law enforcement agencies filed at the Molino 3 Baranggay, and at the Molino and Talaba PNP detachments in relation to the incident.
On 23 March 2008, a Quick Reaction Team (QRT) from Karapatan headed by Atty. Ephraim Cortez accompanied the relatives to Camp Vicente Lim, Philippine National Police Region IV Headquarters in Canlubang, Laguna to check if the couple was in their custody. However, a staff from the Intelligence Division denied custody of the two. On the same day, People's Journal (an English language tabloid) reported the arrest of Mr. Jaime Soledad. He and Clarita were reported to be detained at the headquarters of the 2nd Infantry Division of the Armed Forces of the Philippines. The military reportedly claims that Mr. Jaime Soledad is one of the highest ranking leaders of the CPP-NPA in Eastern Visayas. The QRT went back to Camp Vicente Lim on 24 March 2008 to determine the couple's whereabouts and it was only then that camp officials finally confirmed that the couple were in their custody.
According to the latest information, Mr. Jaime Soledad and his wife were flown to Leyte in Eastern Visayas on 25 March 2008 and were eventually presented to the court in Hilongos, Leyte before Judge Ephrem Obando of the Regional Trial Court Branch 18. Mr. Jaime Soledad reportedly said that he only learned that he was included in the warrant of arrest after his abduction and subsequent detention. Mrs. Clarital Luego was reportedly released without charges on the same day while Mr. Jaime Soledad was then transferred to the Palo Provincial Jail where he is currently detained. He is reportedly charged along others for the alleged massacre of civilians in Innopacan town in 1986. A petition for certiorari and prohibition and for temporary restraining orders is reportedly pending at the Supreme Court. According to the same information, Mr. Jaime Soledad was among the co-accused in a similar case of mass graves in Baybay, Leyte, but the case was dismissed in 2004.
The International Secretariat of OMCT is concerned for the physical and psychological integrity of Mr. Jaime "Jimmy" Soledad, and calls on the authorities to guarantee at all times his safety. OMCT further calls for his immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times. While OMCT welcomes the release of Mrs. Clarital Luego and Mrs. Vilma Madrazo, it remains concern about the circumstances of their arrest, as well as of that of Mr. Jaime Soledad.
Action requested
Please right to the authorities in the Philippines urging them to:
i. Take all measures necessary to guarantee the physical and psychological integrity of Mr. Jaime "Jimmy" Soledad;
ii. Order his immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. Order a thorough and impartial investigation into these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iv. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
- H.E. Gloria Macapagal-Arroyo, President of the Republic, Malacanang Palace,
JP Laurel St., San Miguel, Manila Philippines, Voice: (+632) 564 1451 to 80, Fax: (+632) 742-1641 / 929-3968, Cell#: (+ 63) 919 898 4622 / (+63) 917 839 8462, E-mail: corres@op.gov.ph / opnet@ops.gov.ph
- Jesus D. Dureza, Presidential Adviser on the Peace Process *Office of the Peace Process, 7th Floor Agustin Building I, Emerald Avenue, Pasig City 1605, Voice:+63 (2) 636 0701 to 066, Fax:+63 (2) 635 9579, osec@opapp.gov.ph
- Department of National Defense, Room 301 DND Building, Camp Emilio Aguinaldo, E. de los Santos Avenue, Quezon City, Voice:+63(2) 911-9281 / 911-0488, Fax:+63(2) 911 6213, osnd@philonline.com
- Hon. Raul M. Gonzalez, Secretary, Department of Justice, Padre Faura St., Manila, Direct Line 521-8344; 5213721, Trunkline 523-84-81 loc.214, Fax: (+632) 521-1614, Email sad@doj.gov.ph
- Hon. Purificacion Valera Quisumbing, Chairperson, Commission on Human Rights, SAAC Bldg., UP Complex, Commonwealth Avenue, Diliman, Quezon City, Philippines, Fax: (+632) 929 0102
Email: drpvq@chr.gov.ph
- Permanent Mission of the Philippines to the United Nations in Geneva, 47 Avenue Blanc, 1202 Geneva, Switzerland, Fax: +41 22 716 19 32, Email: mission.philippines@ties.itu.int
Please also write to the embassies of the Philippines in your respective country.
Geneva, 28 March 2008
