HUMAN RIGHTS WATCH

Alleged Red Leader in AFP Custody Declared Missing

The alleged secretary of the Communist Party’s provincial committee in Occidental Mindoro and two other communist suspects were presented to the press May 3 following their arrest a day earlier. While his two companions were released on May 5, the alleged leader has been declared missing.

by dabet castañeda
Bulatlat.com

In a press conference at Fort Bonifacio held on May 3, the Intelligence Service Group (ISG) of the Philippine Army announced the arrest of Eduardo Serrano whom the military identified as  Rogelio Villanueva , alleged head of the Occidental Mindoro Provincial Party Committee and alleged member of the executive committee of the Southern Tagalog Regional Party Committee (STRPC) who oversaw guerrilla operations in the province. Serrano was presented before the media along with Joy Mendoza, whom the military identified as Luisa, and Rizza Mesana. Both Mendoza and Mesana were also suspected of being members of the STRPC.    The following day, the military denied that they had Serrano  in custody when his brother, Jose Cesar Serrano, accompanied by human rights workers searched for him at Camp Crame and Camp Aguinaldo in Quezon City and Fort Bonifacio in Makati City.

Military officials present Eduardo Serrano to the media May 3. The next day, he goes missing.

Still dazed over the capture of his eldest brother, Jose Ceasar faced the media on May 6 bearing his brother’s photographs.  He said efforts to locate Eduardo’s whereabouts remain futile.  He also fears that his brother is being tortured.  

“I was shocked to see my brother on TV.  I don’t know where the military based their allegations that he is a CPP leader,” he said.

The younger Serrano said that while he is not fully aware of his brother’s affiliations or alleged connections with the CPP, he firmly believes that his brother has a right to be visited by his relatives and by his counsel. “We just want to make sure that he is doing fine,” he said.

Abducted

Serrano, together with Mendoza and Mesana, were reportedly abducted by a group of plainclothes men on May 2, 10 a.m. at the Tritran Bus Terminal in Lipa City, Batangas, a province south of Manila.

Documents gathered by Bulatlat.com reveal that the arresting officer was Wilfred Gendivo Ilano, Senior Police Officer IV of the Regional Intelligence and Investigation Division (R2) of the Mindoro-Marinduque-Romblon-Palawan Philippine National Police (MIMAROPA-PNP). 

The arresting unit subsequently turned him over to the Army’s ISG. On May 3, the three were presented to reporters in a press conference held at the Philippine Army Headquarters in Fort Bonifacio. 

Missing

Relatives of Serrano sought the help of the regional chapter of the human rights alliance Karapatan (Alliance for the Advancement of Peoples' Rights) in Southern Tagalog and lawyers from the Public Interest Law Center (PILC) on May 3 to assist them in looking for Serrano and the two other detainees. 

The group trooped to Camp Crame, then to Camp Aguinaldo and Fort Bonifacio to no avail.  According to Karapatan, the Military-Police in Fort Bonifacio admitted that there were three people who were brought to the camp and presented before the media that day.  But they denied that they have Serrano in their custody.

After being given the run around by the military for two days, Serrano’s relatives filed a writ of habeas corpus before the Pasig Regional Trial Court last May 5.  ISG commanding officer Arnulfo Ylanan, ISG Deputy Commander Col. Ramon Baldemor, Sr. Supt. VictorioCaragang Jr, commanding officer of MiMaRoPa-PNP, Maj. Gen. Pedro Cabuay and Brig. Gen. Efren Orbon, officers of the 2^nd Infantry Division of the AFP, were named as respondents in the case.

The hearing is set on May 11 at Branch 155 of the Pasig RTC under Judge Luis Tengco. 

Human rights violation

“If the military claims that they have cases against my brother, they should bring him to court,” said the younger Serrano.  But first, his family should be allowed to visit him and he should be allowed to confer with his lawyer. 

Lawyers Marie Yuvienco and Rommel Quizon of the PILC said that the AFP and the PNP are violating RA 7438, which states that an arrested individual has the right to counsel and to be visited by his/her next of kin. 

Karapatan added that the abduction case of Serrano is a violation of the Constitution and the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL).  The CARHRIHL is an agreement signed by the Government of the Republic of the Philippines (GRP) and the National Democratic Front of the Philippines (NDFP) as part of the ongoing peace talks. 

Serrano’s counsels fear that Serrano might be undergoing torture during these last four days that he is being illegally detained and isolated.  The lawyers added that the AFP and PNP’s practice of illegally detaining, isolating, and torturing suspected political offenders is a form of state terrorism that the military routinely employs to break the emotional and psychological will of the detainee. 

“This is very alarming and unfortunate especially in view of the ongoing peace negotiations between the GRP and the NDFP.  This hampers the peace process,” said Quizon. 

Mistaken identity

Meanwhile, Mendoza and Mesana were released last May 5 after posting bail amounting to PhP172, 000. They were charged with illegal possession of firearms (IPFA).  Mendoza was immediately brought to an undisclosed hospital for medical attention.  She was reportedly suffering from hypertension triggered by their arrest.  Mesana, on the other hand, is in the custody of Karapatan.  

Mesana, 18, of Poblacion Puerto Galera, Mindoro Oriental, said that she is innocent of the charges brought against her. She said she was on her way to Lipa to look for a job when she was arrested together with Medina and Serrano.

Her father, Rolando Mesana, is a coconut farmer while her mother, Cristina Mesana, is a homemaker.  “Hindi pa nga alam ng pamilya ko na nagkaganito ako” (My family do not even know that these things happened to me), she said. 

She said she underwent strenuous emotional and psychological torture while in detention.  She said she was interrogated by military men wearing ski masks. She recalled her interrogators telling her, “Mahirap na kung makikilala mo pa kami, baka patayin mo kami (We won’t allow you to identify us for you might kill us later)”.

“Alam mo ba na hinihingi ka na ng mga kasama namin sa Mindoro?  Gusto mo ba duon ka pa tumuga?” (Do you know that our colleagues from Mindoro are asking us to turn you over to them?  Do you prefer to confess before them?), her interrogators reportedly asked her. 

“Alam mo ba na galit na galit sa inyo si Palparan?” (Do you know that Palparan is very angry with you?) the military reportedly told her, referring to Col. Jovito Palparan, former commanding officer of the 204^th Infantry Brigade (IB).  Col. Palparan was linked to a series of human rights violations committed against the people of Mindoro. 

According to Mesana, her interrogators even offered to help her continue with her studies. “Makipagtulungan ka lang sa amin” (All we are asking from you is to cooperate with us), the interrogators told her. 

Mesana, who still appeared confused during the press conference is currently in the custody of Karapatan. “Ayaw ko munang umuwi mag-isa kasi baka hulihin ulit ako ng mga sundalo” (I don’t want to go home alone because the soldiers might arrest me again), she said. Bulatlat.com

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