'Camingawan 7' Accuse Military of Illegal Detention, Torture

Arrested and detained by soldiers last Sept. 30, seven peasants were finally freed Oct. 7. The victims decried the physical and psychological torture they suffered while in detention, as cause-oriented groups stressed that what they went through is a sign that the country is now back under martial law.

BY KARL G. OMBION
Bulatlat

BACOLOD CITY – Held incommunicado in an undisclosed place for five days and allegedly tortured by army troopers, seven peasant leaders from the Kilusang Magbubukid ng Pilipinas (KMP, Peasant Movement of the Philippines) and the National Federation of Sugar Workers (NFSW) were finally freed from detention at the provincial jail here last Oct. 7 at around 5:20 p.m.

The captives, known as the "Camingawan 7," were arrested by elements of the 12th infantry battalion (IB) in Barangay (village) Camingawan, around 25 kms from Kabankalan City, last Sept. 30 at around 9:30 p.m. On board a Tamaraw FX van, the seven were on their way to Bacolod City to meet with farmers when they were flagged down by a composite unit of the 12th IB, 61st IB and intelligence operatives of the 303rd Brigade.

Nabbed were Moreto Dionson, a KMP consultant; Abraham Villanueva, KMP organizer, his wife Marilou Villanueva, NFSW organizer; Charity Villar, KMP organizer; Darry Dayanan; NFSW-Teatro Obrero; driver Rico Abrasaldo; and helper Jermie Gellegan.

Nabbed at gunpoint

Wearing camouflage uniforms and without identifying themselves, The soldiers commanded those on board the FX van to alight and were immediately lined up. The KMP organizers then saw a dirty-white colored Besta van parked nearby, with about six armed men in civilian clothes and wearing bonnets on board. They immediately grabbed Dionson and separated him from the group, forced him inside the van and sped off to an unknown destination.

Those left behind protested and made noise to attract the attention of passing commuters. The soldiers, however, aimed their guns at them, and then blindfolded and forced them to lie on the ground. They also took the peasants' personal belongings including six cellphones, two computer laptops and cash amounting to about P8,000 ($143.36, based on an exchange rate of P55.805 per US dollar).

They were then brought to the 12th IB Alpha company camp.

In the morning of Oct. 1, members of the September 21 Movement, a local human rights organization led by lawyer Ben Ramos, went to the detachment to demand an explanation for the arrest of the seven. Lt. Sandro Labrador eventually agreed to turn over the seven to the Philippine National Police (PNP) in Kabankalan at around 11 a.m.

Retaken by force, held incommunicado

At around 1 p.m., about 40 military troopers from the 12th and 61st IB, some of them wearing bonnets, on board an army truck and a hammer vehicle arrived at the PNP Kabankalan and demanded the immediate transfer of the seven to their battalion detachment in Barangay Tiling, Cauayan, around 30 kilometers from Kabankalan.

Ramos, Karapatan (Alliance for the Advancement of Peoples' Rights) National Council member Fred Cana and members of the KMP and NFSW warned the police chief not to give the seven to the military as it constitutes a violation of the law. However, the soldiers forcibly took the seven away. They just told the group that the seven will be brought to the 61st IB camp, but it was later learned that the seven were brought to different military detachments in Candoni and Cauayan.

Since that afternoon until Oct. 5, the seven were held incommunicado by the military. Despite pleadings by families and relatives to produce the seven, the military refused to disclose the whereabouts of the seven. Even the appeals of Gov. Joseph Maranon to 303rd Brigade Commander Col. Joggy Leo Fojas were in vain.

Writ of habeas corpus

Last Oct. 5, several counsels of the petitioners, headed by human rights lawyers Rolando Villamor, Ben Ramos, Sarah Villamor and Rudy Parreno filed a petition for the writ of habeas corpus at the Kabankalan City Regional Trial Court (RTC). Judge Henry Arles granted the request and set the hearing in the morning of the following day.

Shortly before the start of hearing the following day, the petitioners' counsels were surprised to know that the military transferred the seven to the provincial jail in Bacolod. The transfer was apparently on orders by Ilog Judge Victor Magahud based on charges filed against the seven at the Ilog Municipal Trial Court of two counts of attempted murder, frustrated murder and illegal possession of a .38 caliber pistol.

The charges were filed by a reported military witness linking the seven to a New People's Army (NPA) unit that reportedly harassed a military detatchment in Barangay Haba, Candoni town, in the evening a week before their arrest. Brigade officers also insisted that the seven are top-ranking members of the Regional Committee of the Communist Party of the Philippines (CPP) in Negros.

Meanwhile, the petitioners' counsels demanded that the seven be presented before the sala of Judge Arles as he ordered a writ of habeas corpus. They also threatened to file contempt charges against the military. The judge immediately ordered the provincial jail warden to produce the seven before his sala the following day.

In the hearing last Oct. 7, the petitioners' counsels motioned to post bail for the seven at P25,000 ($447.99) each or a total of P175,000 ($3,135.92).  The seven were released later in the day.

Ridiculous charges

Villamor said that he was not surprised by the charges against the seven for they were clearly "trumped up" and "hastily done" by the military. According to him, the charges are products of "a creative imagination of a desperate military," adding that the soldiers "were just looking for means to justify the illegal arrest and detention of the farmer-organizers. Their charges will not hold water in court."

Alleged torture

Villar told Bulatlat that she was subjected to torture by her captors. She narrated that on the second day, they were all separated for tactical interrogation. For her part, she said that for several nights, in different places, she was hogtied and her feet were put on a bucket filled with water, while being interrogated. She said she was continuously slapped while being forced to reveal the whereabouts of rebel Fr. Frank Fernandez and his companions, and to admit that she is a regional communications and finance officer of the CPP-NPA.

The Villanueva couple said that they were subjected to intense and continuous tactical interrogations about their position in the revolutionary movement. Marilou said that at times her mouth was hit for refusing to give information.

Cana said that the case of the "Camingawan 7" is a clear proof that in a "fascist dictatorial regime of Gloria Macapagal-Arroyo, the military is  the superior."

"This is clearly a case of a militarized nation," Parreno said. "We're back under martial rule, even if GMA does not declare it formally."

CHR conducts probe

Meanwhile, the Commission on Human Rights (CHR) Region VI, upon the pressure of Karapatan and its allied organizations, have started their independent probe, especially on the alleged torture of the "Camingawan 7."

CHR investigator Ariel Marapo told reporters that some "big names" in the military could be in hot water for the questionable conduct of the arrest and detention. He refused to give details. Bulatlat

© 2005 Bulatlat ■  Alipato Publications

Permission is granted to reprint or redistribute this article, provided its author/s and Bulatlat are properly credited and notified.