2003 Report by the Special Rapporteur on Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, Theo van Boven


1121. By letter dated 2 September 2002, the Special Rapporteur advised the Government that he had received information on the following individual cases.

1122. Alfredo Bantecil was reportedly beaten by two national police officers on 18 September 2001, after a private quarrel with a neighbour. He was interrogated about his alleged involvement with the New People’s Army. He was allegedly beaten. He was reportedly released without charges.

1123. 17 farmers and six extended families living in Baranga y Talomo, Sto. Tomas, Davao del Norte, were reportedly victim of excessive force during an attempted eviction, along with destruction of property, on 8 August 2002. Tear gas was allegedly sprayed on the farmers. About 22 persons, including children between 2 and 13 years-old were allegedly affected by the tear gas, experienced vomiting and severe irritation of the eyes, as well as shock and trauma. An agreement was said to have been later reached, with farmers being given fifteen days to relocate their homes and being able to harvest their crops. On 9 August 2002, the security guards are said to have already demolished one house, in breach of the agreement. 1124. By letter dated 17 October 2002, the Special Rapporteur reminded the Government of a number of cases transmitted in 1998, 2000 and 2001 regarding which no reply had been received.

Urgent appeals

1125. On 10 July 2002, the Special Rapporteur sent an urgent appeal on behalf of the four following children detained at the Angeles District Jail, Pampanga Province: Manuel Flores, aged 10, was reportedly arrested by the Angeles District police for vagrancy and sniffing glue and has been since detained in the Angeles District Jail, for more than a month; Felix Cusipag, aged 12, was reportedly arrested by the local police for vagrancy and sniffing glue and has been in prison for more than one month; Camaroding Ajisalie, aged 17, has been in prison for five months as he has reportedly been sentenced to six months and one day of imprisonment for sniffing glue; Michael Navarro, aged 17, has been detained for two months. He has been charged with attempted robbery and he has had four court hearings already. Despite existing juvenile detention facilities in the district, these four children are kept in the same prison block as adult detainees. Allegedly, the four children are detained 23 hours a day in a small dark and very hot cell with no sleeping facilities apart from the concrete floor. There is no electric fan and no ventilation in the cell. All of them are said to be wearing rags. It was reported that the only toilet facility is an unclean hole in the floor of the cell, infested by insects, only a few feet from where the children sleep. In addition, they reportedly do not have soap or water for washing in the cell.

Follow-up to previously transmitted communications

1126. By letter dated 7 August 2002, the Government responded to a letter sent by the Special Rapporteur jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions on 30 September 2001 concerning Joel de Jesus, Lorenzo de los Santos, Cesar Fortuna, Rameses de Jesus , Lenido Lumanog, Romeo Costibolo and Augusto Santos (E/CN.4/2002/76/Add.1, paras. 1230 to 1237). The Government indicated that all of them were accused of murder and had been convicted to the death penalty by the Regional Trial Court. The Court did not give credence to the allegations of torture of the convicted men. The case was pending before the Supreme Court, to which it was transmitted for automatic review.


1127. The Special Rapporteur notes with concern that no response has been provided to a number of cases brought to the attention of the Government since 1998.

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small logo   This report has been published by Equipo Nizkor and Derechos Human Rights on August 2, 2005.