MANILA — A search and humanitarian mission confirmed the whereabouts of Lumad leader Michelle Campos, and the findings conclude that she and three others were arrested without a warrant.

“A mere conversation with Campos and her colleagues has been prohibited. She has been under military custody even in the hospital, stationed at the male surgical ward, with soldiers in plainclothes. We were prevented from doing our job as humanitarian workers and legal counsel,” said Funa-ay Claver from indigenous rights group Katribu, the mission’s lead organization.

Campos is confined at the Democrito O. Plaza Hospital in Butuan due to a broken jaw and several bruises, together with three others, after the 3rd Special Forces of 401st Infantry Brigade arrested her on March 5, at around 10 p.m, according to her account. The 401st Infantry Brigade confirmed the arrest, and stated in its press statement that the arrest transpired on March 6, 2 a.m.

The team, composed of members from Katribu, Karapatan, Tanggol Magsasaka, Agham, and United Church of Christ in the Philippines (UCCP), held a fact-finding mission from March 10 to 12, to look for her and another Lumad leader Genasque Enriquez.

Read: Mission facilitates Lumad leader’s access to family and lawyer, another still missing

A notable finding from the report is the confirmation of the identities of three other individuals who have been under strict military custody in the hospital: Aldren Baguio, Jun Rey Tejero Misoles, and Rovelyn Acevido. The three have been arrested without warrants, while Campos was served a warrant of arrest five days after (March 11) her  arrest.

“According to Campos, she is not sure what has been offered to the other three, but she is sure that they are also pressured to surrender, and offered to become military assets or soldiers,” the mission report read. “While they stay in the same ward, they are under a restrictive environment, as they do not even have the freedom to talk among themselves. They are heavily guarded by soldiers and military assets.”

The team confirmed that Campos has been offered to be a spokesperson, be given employment and a military rank, if she will “cooperate” and “surrender” to the military. Her “cooperation”, Claver said, would mean withdrawal or dismissal of her cases.

During the press conference on March 24, Cristina Palabay, Karapatan secretary general, underscored the victims’ warrantless arrest. 

The Supreme Court ruled that searches and seizures without a warrant may be allowed if they are part of a lawful arrest under Rule 126, Section 13 of the Rules of Court. “A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant,” the rule stated.

However, the team emphasized that Campos and three others were unarmed when they were arrested without warrants. Palabay added, “Campos and her colleagues have been threatened and harassed every day, in a restricted environment with the military. They are being coerced.”

She emphasized that this is a pattern with cases of abduction as revealed by survivors like Jonila Castro – activists held in military custody, forced to “surrender” in exchange of economic opportunities, and then presented as rebel surrenderers.

“What they experienced is far from those who were pleading for ‘due process’ in The Hague: they were arrested with warrant and unabridged access to doctor and family. This is far from the case of Campos and three others,” Palabay said, referring to the privileges accorded to former President Rodrigo Duterte when he was arrested by virtue of an arrest warrant issued by the International Criminal Court.

If Campos is currently facing charges, Claver said, she must be transferred to civilian authority, the police, and be tried in court. The team also urged the Commission on Human Rights (CHR) to continue to monitor the whereabouts of Campos and probe possible human rights violations surrounding the circumstances of their arrest.

Campos is the daughter of Lumad leader Dionel Campos, who was among those killed on Sept. 1, 2015, or what has been known as the Lianga Massacre. Two others — Emerito Samarca, 54, executive director of the Alternative Learning Center for Agricultural and Livelihood Development (Alcadev), and Bello Sinzo — were killed by paramilitary forces and suspected soldiers together with Campos. (RVO)