PNP Insp. Joselito Binayug Cop Identified in Torture Video

It appears that this sadist cop, PNP's "finest" P. Insp. Joselito Binayug has a refutation for cruelty among the poor people in Tondo, Manila where he is assigned. This is definitely a despicable act and requires no description as the video clearly illustrates such unspeakable aberration perpetrated by a suppossedly protector of the people..... with cops like him, it is no wonder there is a breakdown in law and order.

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URGENT ACTION: Pakistani Jirga Orders Murder of Couple

[Forwarded from the Asian Human Rights Commission]

The Asian Human Rights Commission received information that a tribal leader of Sindh province has held three women and two children in his private jail and one woman has been continuously raped for more than three years. She has had two children whilst in custody. The Sindh High Court and the provincial police have been unable to recover the five persons from his jail. The tribal leader, in the meanwhile, held a Jirga, a parallel judicial system of feudal society, and announced the murder of a man. He and his wife were declared as Karo (black male) and Kari (black women). The Kari woman is currently under his illegal detention and might be murdered at any time. The feudal lord is so powerful that on one occasion when a police party went to recover the Kari woman the henchmen of the tribal chief detained the policemen for several hours and only released them after they gave assurances that they would not attempt to rescue the woman again.

CASE DETAILS:

According to the information received from the husband of the alleged Kari woman and the Human Rights Commission of Pakistan, an NGO, Mukhtar Bibi alias Begum, 26, was married to one Ghulam Mustafa Mugheri, a resident of Korangi Industrial area, Karachi, in the year 2005, as his second wife. Ms. Mukhtar Bibi was divorced by her first husband for not being able to bear children, the mother and maternal uncles persuaded Mr. Mugheri to marry her according to the instructions of Islam. Ms. Bibi’s father, Haji Mashooq Chandio, was in those days in jail in Saudi Arabia on charges of smuggling drugs. However, he was released on Sept 17, 2005 and returned to Pakistan. At that time he was totally broke and started black mailing his son-in-law. Mr. Mugheri somehow managed to pay the initial financial demands but being a worker at a tea company he could not continue to pay the huge amounts of money.

Mr. Haji Mashooq Chandio, enlisted the help of his tribal chief, Mr. Sardar Ahmed Chandio, and with the connivance of his henchmen on January 7, 2006, abducted Mr. Mugheri’s first wife,Mst. Gul Khatoon, 32years, his 60 years old mother, Mst. Hameeda allies Subhana Umri, his 9 year-old niece Ms. Zameera Umri and his 8 years old son, from his first wife, Master Menthar.

They have since been in the private custody of Sardar Chandio and police have been powerless to recover them from this powerful person. It is alleged in a police report filed by Mr. Mugheri that Haji Mashooq sold Ms. Gul Khatoon, Mr. Mugheri’s first wife to the tribal leader of the Chandio tribe, Mr. Sardar Ahmed Chandio. Whilst in detention Ms. Khatoon has been continuously raped and has born two children as a result.

Finding no way out of his financial problems, on August 23, 2009,Mashooq Chandio, the father-in-law, went to Mr. Mugheri’s house in Mehran Town, Korangi along with six persons, and kidnapped his second wife, Ms. Mukhtar Bibi, at gun point. They were riding in a black-coloured Alto car and a yellow cab. After some days, Mugheri went to his father-in-law’s house in Jamshoro district, along with a copy of the Holy Quran and his 9-day-old son, and requested his father-in-law to hand over his wife but he refused. On Sept 27, 2009, Mugheri filed a petition in the Sindh High Court (SHC) for the recovery of his wife, following which the honorable court ordered police to raid his father-in-law’s house and recover his wife. On October 5, 2009, the High Court ordered the Nazir, the court search officer, to recover Mukhtar Bibi and search the places of tribal chief of Chandio tribe. Before the court and police officials reach the place the Mukhtar Bibi was shifted to another location. The police learned that the victim, Mukhtar Bibi is alive and with Sardar Ahmed Chandio, the tribal chief, who was currently in Saudi Arabia. After that court did not take action.

Then on October 14, the tribal chief, Sardar Chandio, held a Jirga, an illegal court and declared that both, Mr. Mugheri and his second wife, Ms. Mukhtar Bibi, should be murdered in the name of honour as they are Karo and Kari. Before the holding of the Jirga, his father-in-law, Mr. Mashooq Chandio and the henchmen of Sardar Chandio on October 12, tried to abduct Mr. Mugheri from the premises of Sindh High Court Karachi, but the police saved him and gave him shelter in one of the rooms of the court.

Mr. Mugheri tried several times to take help from the police and the court and at last was successful in getting the attention of the Deputy Inspector of Police (DIG), Karo-Kari cell and recorded his statement under section 154 CrPc. The DIG sent a team under Ms. Soobia, the head of the Karo Kai cell, recently made by Sindh government. The team went to recover Ms. Mukhtar Bibi but came under attack by the henchmen of the tribal chief and two police officials were abducted and made hostages. After several hours the police officials were released on the assurance that they will make another attempt to rescue Bibi.

Subsequently the police have arrested two of the alleged abductors out of 12 persons but have not been able to recover the three women and two minors.

ADDITIONAL INFORMATION

The Sindh high court is the highest judicial institution of the province of Sindh but because of its weakness to implement the rule of law the powerful groups, particularly feudal and tribal leaders enjoy impunity through their use of power. In 2004, the former chief justice of the Sindh high court has declared Jirga judicial system as illegal, ultra virus and unconstitutional but feudal and tribal lords know the writ of the high court. With regard to this of abduction and illegal detention the High Court has proved itself the weakest institution for the recovery of the five persons being held.

SUGGESTED ACTION:

Please write letters to the authorities urging them to recover three women and two minors from the private custody of the tribal chief of Chandio tribe and punish all the perpetrators keeping them in illegal detention at private jail and holding illegal court for murder of innocent people. Please also demand from the government to save the couple particularly Ms. Mukhat Bibi from murder on the pretext of honour killings.

The AHRC writes letters to the UN special rapporteur on the question of arbitrary arrest, violence against women and torture calling for their intervention in to this case.
*********************************************************
SAMPLE LETTER:

Dear __________,

RE: PAKISTAN: A tribal court announces murder of a couple and High court has proved impotent before a feudal society

Name of victims:

1. Mukhtar Bibi alias Begum, 26 years, wife of Ghulam Mustafa Mugheri, missing since August 2009, Near Madressa Umer Farooqi, Korangi industrial area, Karachi, Sindh province
2. Mr. Ghulam Mustafa Mugheri son of Ali Mugheri, near Madressa Umer Farooqi, Korangi industrial area, Karachi, Sindh province
3. Mst. Gul Khatoon, 32years, first wife of Ghulam Mustafa Mugheri, kept in private jail since January 7, 2006, at Larkana road, Shahdad Kot, Qamber sub district, Larkana district, Sindh province
4. Ms. Hameeda alies Subhana, Mother of Ghulam Mustafa Mugheri and kept in private jail since 2006, at Larkana road, Shahdad Kot, Qamber sub district, Larkana district, Sindh province
5. Ms. Zameera Umri, age 9 years, nephew of Ghulam Mustafa Mugheri, kept in private jail since January 7, 2006, at Larkana road, Shahdad Kot, Qamber sub district, Larkana district, Sindh province
6. Master Menthar age 8years, son of Ghulam Mustafa Mugheri, kept in private jail since January 7, 2006, at Larkana road, Shahdad Kot, Qamber sub district, Larkana district, Sindh province

Name of alleged perpetrators:

1. Haji Mashooq Chandio, resident of Sandoz Road, Jam Shoro Phatak, Jam Shoro district , Sindh province
2. Sardar Ahmed Chandio, son of Shabbir Ahmed Chandio, Larkana Road, Shahdad Kot, Qamber district, Sindh province
3. Khadim Hussain s/o Muhammad Laiq, Larkana Road, Shahdad Kot,Qamber district, Sindh province
4. Ghulam Umer s/o Muhammad Laiq Larkana Road, Shahdad Kot,Qamber district, Sindh province
5. Hajji Hamid s/o Peyaro Khan chandio, Larkana Road, Shahdad Kot,Qamber district, Sindh province
6. Hajji Muhammad Saleh s/o Muhammad Azeem chandio, Larkana Road, Shahdad Kot, Qamber district, Sindh province
7. Hajji Mumtaz s/o Haji Ahmed Budhani chandio, Larkana Road, Shahdad Kot, Qamber district, Sindh province
8. Mukhtair s/o Ghulam Qadir chandio, Larkana Road, Shahdad Kot,Qamber district, Sindh province
9. Haji Sikander Chandio, Larkana Road, Shahdad Kot,Qamber district, Sindh province
10. Muhammad Ramzan Mugheri, Larkana Road, Shahdad Kot,Qamber district, Sindh province
11. Aijaz Chandio, Larkana Road, Shahdad Kot,Qamber district, Sindh province
12. Hub-e-dar Chandio, Larkana Road, Shahdad Kot,Qamber district, Sindh province

Date of incident: January 7, 2006 and August 23, 2009

Place of incident: Korangi Industrial Area, Karachi, Sindh province

I am writing to voice my deep concern regarding the alleged illegal detention of three women and two minors in the private jail of a tribal leader, Mr. Sardar Ahmed Chandio. The two women, Ms. Gul Khatoon and Ms.Hameeda, 60 years and two minors have been detained in a private jail since January 7, 2006.

During the period of continuous illegal detention Ms.Gul Khatoon was raped and has born two children as a result. Another woman, Ms. Mukhar Bibi was also abducted on August 23, 2009 and is being held in the same private jail.

I am shocked to know that the courts and police have done nothing to obtain the release of the women and minor and the powerful people are allowed to run private jails without any legal basis. It shows that the rule of law is totally broken in a country where the judiciary claims itself as an independent judiciary.

According to the information received from the husband of the alleged Kari woman and the Human Rights Commission of Pakistan, an NGO, Mukhtar Bibi alias Begum, 26, was married to one Ghulam Mustafa Mugheri, a resident of Korangi Industrial area, Karachi, in the year 2005, as his second wife. Ms. Mukhtar Bibi was divorced by her first husband for not being able to bear children, the mother and maternal uncles persuaded Mr. Mugheri to marry her according to the instructions of Islam. Ms. Bibi’s father, Haji Mashooq Chandio, was in those days in jail in Saudi Arabia on charges of smuggling drugs. However, he was released on Sept 17, 2005 and returned to Pakistan. At that time he was totally brok and started black mailing his son-in-law. Mr. Mugheri somehow managed to pay the initial financial demands but being a worker at a tea company he could not continue to pay the huge amounts of money.

Mr. Haji Mashooq Chandio, enlisted the help of his tribal chief, Mr. Sardar Ahmed Chandio, and with the connivance of his henchmen on January 7, 2006, abducted Mr. Mugheri’s first wife,Mst. Gul Khatoon, 32years, his 60 years old mother, Mst. Hameeda allies Subhana Umri, his 9 year-old neice Ms. Zameera Umri and his 8 years old son, from his first wife, Master Menthar.

They have since been in the private custody of Sardar Chandio and police have been powerless to recover them from this powerful person. It is alleged in a police report filed by Mr. Mugheri that Haji Mashooq sold Ms. Gul Khatoon, Mr. Mugheri’s first wife to the tribal leader of the Chandio tribe, Mr. Sardar Ahmed Chandio. Whilst in detention Ms. Khatoon has been continuously raped and has born two children as a result.

Finding no way out of his financial problems, on August 23, 2009,Mashooq Chandio, the father-in-law, went to Mr. Mugheri’s house in Mehran Town, Korangi along with six persons, and kidnapped his second wife, Ms. Mukhtar Bibi, at gun point. They were riding in a black-coloured Alto car and a yellow cab. After some days, Mugheri went to his father-in-law’s house in Jamshoro district, along with a copy of the Holy Quran and his 9-day-old son, and requested his father-in-law to hand over his wife but he refused. On Sept 27, 2009, Mugheri filed a petition in the Sindh High Court (SHC) for the recovery of his wife, following which the honorable court ordered police to raid his father-in-law’s house and recover his wife. On October 5, 2009, the High Court ordered the Nazir, the court search officer, to recover Mukhtar Bibi and search the places of tribal chief of Chandio tribe. Before the court and police officials reach the place the Mukhtar Bibi was shifted to another location. The police learned that the victim, Mukhtar Bibi is alive and with Sardar Ahmed Chandio, the tribal chief, who was currently in Saudi Arabia. After that court did not take action.

Then on October 14, the tribal chief, Sardar Chandio, held a Jirga, an illegal court and declared that both, Mr. Mugheri and his second wife, Ms. Mukhtar Bibi, should be murdered in the name of honour as they are Karo and Kari. Before the holding of the Jirga, his father-in-law, Mr. Mashooq Chandio and the henchmen of Sardar Chandio on October 12, tried to abduct Mr. Mugheri from the premises of Sindh High Court Karachi, but the police saved him and gave him shelter in one of the rooms of the court.

Mr. Mugheri tried several times to take help from the police and the court and at last was successful in getting the attention of the Deputy Inspector of Police (DIG), Karo-Kari cell and recorded his statement under section 154 CrPc. The DIG sent a team under Ms. Soobia, the head of the Karo Kai cell, recently made by Sindh government. The team went to recover Ms. Mukhtar Bibi but came under attack by the henchmen of the tribal chief and two police officials were abducted and made hostages. After several hours the police officials were released on the assurance that they will make another attempt to rescue Bibi.

Subsequently the police have arrested two of the alleged abductors out of 12 persons but have not been able to recover the three women and two minors. This is the situation of the rule of law in rural areas of the country where writ of the state is minimized and powerful people enjoy the fragile situation of the writ of the state. The High Court of the province has proved itself a subordinate of tribal leaders.

I urge you to recover the three women and two children from the custody of tribal leaders and their henchmen and prosecute the perpetrators including the police officials of the Qamber district, Sindh. An inquiry into the affairs of holding private jails in Sindh province must be conducted. The case of rape during illegal detention be lodged against the perpetrators.

Yours sincerely,

*********************************************************************************

PLEASE SEND YOUR LETTERS TO:

1. Prime Minister
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111
E-mail

2. Dr. Ishrat-ul-Ebad Khan
Governor of Sindh province
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 5043
Tel: +92 21 920 1201
E-mail

3. Syed Qaim Ali Shah
Chief Minister
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
Email

4. Mr.Syed Mumtaz Alam Gillani
Federal Minister for Human Rights
Ministry of Human Rights
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +9251-9204108
Email

5. Ms. Tauqir Fatima Bhutto
Minister of women development
7th Floor, New Sindh Secretariat, Karachi, Sindh province
Fax: 92-21-99213886
Email

6. Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220
E-mail

7. Ms. Nadia Gabol
Minister for Human Rights
Government of Sindh,
Pakistan secretariat, Barrack 92,
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9207044
Tel: +92 21 9207043
E-mail

8. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: + 92 51 9213452
E-mail

Thank you.

Urgent Appeals Programme Asian Human Rights Commission
--------------------------------------------

For other ways to make a difference please also see recent blog about the funding problems besetting our mother organization, IKWRO particularly if you are based in the UK.

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Lorelei Fajardo the GloriLIE & Philippine Comical Ali Clone on Abduction & Torture

Remember the Iraqi Minister of Information during the reign of Saddam Hussein, Mohammed Saeed al-Sahaf better known as Comical Ali or Baghdad Bob for his outrageous delusional lies he desperately tries to peddle to the international press at the height of the invasion?
He was one nut that gave us a comic relief at the way he single-handedly conducts his Goebbel style propaganda without batting an eyelash proclaiming their victory when their soldiers was actually surrendering or deserting en masse. It seems Gloria Arroyo’s administration has no shortage of Comical Ali’s looking like a fool in response to abduction and torture of Melissa Roxas when I posted her foolish statement at PJ's FaceBook notes, to quote:

Lorelei Fajardo on Melissa Roxas Abduction & Torture

I found out that presidential spokesperson Lorelei Fajardo is on FaceBook so I sent her a message below, I just don't know if she will respond:

Are you serious? In case you are forgetting civilians a foreigner at that unlike the government where you belong have no way of coming up with evidence except the injuries they sustained and their affidavit on the abduction and torture. You have all the agencies at your disposal to order a thorough investigation and yet you come up with foolish statements which I quote from inquirer article below:

In Malacañang, Lorelei Fajardo, deputy presidential spokesperson, said Roxas should come up with evidence to prove her allegations.

“Many people are coming up with black propaganda just to get attention or create a scenario, which would not be productive,” she said. “The government should not be giving attention to these.”

Duh, what was that all about? Just like Baghdad Bob she together with Cerge Remonde truly makes you wonder if they were trying out for an audition in a stand up comic act or they are just so dense and outrageously dumb. Well, they are probably not thinking or incapable of thinking but then again as spokesperson of the cheating errr seating president they are not suppose to think but blabber away the president’s stand on issues. And blabber they surely did with precise accuracy laying out Arroyo’s stand on the issue that she condones and encourage political abduction and torture.

Seeing LoreLIE Fajardo’s absurd statement is truly incredible and for Cerge Remonde to follow it up with more hogwash below on the same inquirer article makes you wonder if they are sane enough to be allowed to mingle with people in our society:

Press Secretary Cerge Remonde was also not immediately buying Roxas’ account. “We know that there are groups that do nothing but destroy the President.”

Is he nut or something? There is really no need to destroy the cheating errr seating president because no one particular group can do a better job of destroying the presidency of Gloria Arroyo with questionable mandate but they themselves as seen in their shameless Con ASS political maneuverings and countless scandals involving billions of pesos that is so obviously leading to the usual suspects….. themselves.

Of course we can understand why they buy the military’s version of the incident insisting they have “investigated” and found “no” military personnel was involved as in using the weakest defense of all time the alibi and yet the blabbermouths errr mouthpiece of Malacañang without showing any shred of evidence points to the “destabilizers” with certainty and authority. Hello, either these nuts are hopelessly gullible or they try their best to please the scalawags in the military who seems to be the majority that keeps Gloria Arroyo in power. The military that is a breeding ground for certified little Hitler’s and Machiavellian disciples with past history of concocting scenarios that led to martial law under Dictator Marcos and now it seems they are on to some plot according to Ding Gagelonia at Philippine Commentary. Just because they are buying the military's denial it does not mean that people are buying it as seen on the numerous response we got at FaceBook notes where they can't even sell it for cheap even if we leave Jocelyn 'Joc Joc' Bolante as payment, lol.

Now exactly how credible is this administration whenever they make a pronouncement? I say nil to almost none especially when we hear about Gloria Arroyo's "self-Quarantine" that I should say is more of a black propaganda.... no I take it back, I should say more of ... oh just read it below...... ok, more of what the Hayden camera and former antique errr mama oooops lover Vicki Belo loves to do (ok, I know what you are thinking.... no it is not about sex video but augmentation mammoplasty, lol) than self-sacrifice if this report by Manila Bulletin is accurate:

The informant, who requested anonymity since the source was not authorized to speak about the matter, said the President was scheduled to undergo augmentation mammoplasty at the Asian Hospital and Medical Center in Alabang, Muntinlupa.

In addition, a cyst or lump in the groin area was also scheduled to be removed by surgery, said the hospital source.

A biopsy was also done on her breast, the source said. This does not mean that the President was ill. This was part of regular medical procedures, the source added.

I don't know about you but that is really bizarre, augmentation as in breast implant? Now, how can we believe the blabbering mouthpiece duo of Malacañang when they blabber about self-quarantine that was not exactly what it is but more about breast implants?

I realized that this is a serious matter but on the other hand they have the uncanny ability to bring out comical relief at their expense proof of their negative credibility if ever they even have any. At the rate they take a Baghdad Bob stance you know they are really losing it. So out of it that Mila Aguilar came out with her poetic justice errr was “inspired” to write about Gloria’s Lorelei...... But, unlike the legendary rock on the River Rhine from which a mermaid would haunt sailors to certain shipwreck, this LoreLIE does not exactly bring enchanted bliss but they themselves wallow in their own blissful ignorance.

Lorelei is LoreLIE, who is in truth GloriLIE

Oh, the lie, the lie that we must ply
till they in God's mercy die!
GloriLIE is the sty in my eye.
She makes me cry,
I know exactly why.

My tears are like God's rain
that's meant to swoosh the clog in the drain.
The ugly clog in the drain,
our nation's bane.
We've seen it wax, we'll see it wane.

God means to wipe away this stain!

Special thanks to my FaceBook friends Bong David, Sylvia Mayuga, and Jenifer C. Aquino-Xavier for their repartee inspiring Mila Aguilar in writing the wonderful piece regarding the clog in our nation's drain.

Related article:

• The Maguindanao Massacre & the Mafiosi Conspiracy that Gloria Arroyo Calls Friendship
• Lorelei Fajardo Sacked as Gloria Arroyo’s Comical Ali errrr Spokeswoman
  

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U.S. Citizen Melissa Roxas Abducted and Tortured by Suspected Philippine Military Agents to Speak Publicly in Los Angeles

U.N. Day in Support of Torture Victims Marked with Press Conference by Torture Survivor Melissa Roxas

What: Press Conference of Melissa Roxas, recent victim of abduction and torture

When: Saturday, June 27, 2009

Time: 4-5:30 PM

Where: Echo Park United Methodist Church
1226 N. Alvarado St.
Los Angeles, CA 90026

Live Web Stream: www.bayan.ph

LOS ANGELES, CA – In her first public appearance since being released from captivity, Melissa Roxas, a U.S. citizen abducted and tortured in the Philippines from May 19-25, will hold a press conference to describe the human rights abuses she endured while held for six days in an alleged military camp. Ms. Roxas, an American human rights advocate of Filipino descent, is the first known American citizen to have become a victim of abduction and torture in the Philippines, a country which has drawn international condemnation for state-sponsored human rights atrocities.

In a sworn affidavit submitted to the Philippine Supreme Court, Ms. Roxas described being abducted at gunpoint by several heavily armed men, brought to what she believed is a military camp, held against her will, questioned without the presence of an attorney, beaten repeatedly, and asphyxiated using plastic bags before being released. During the press conference, Ms. Roxas is expected to demand accountability from the Philippine government and military, who she holds responsible for her ordeal, as well as the U.S. government for providing funding and training to the Philippine military. Reports by the United Nations, Amnesty International, Philippine-based human rights organization Karapatan, and Human Rights Watch have overwhelmingly concluded that the Philippine military is responsible for systematically carrying out human rights violations such as abduction, torture and extra-judicial killings against innocent civilians. Nearly $1 billion worth of U.S. military aid and materiel has been granted to the Philippines since 1999, the year the U.S.- Philippines Visiting Forces Agreement was enacted.

The experience of Ms. Roxas is considered typical for the 200 cases of abduction and 1,010 cases of torture recorded since Gloria Macapagal Arroyo became president of the Philippines in 2001. The Philippine government’s quick denial of responsibility for Ms. Roxas’ abduction and torture is also considered a typical response; in his 2007 report on the Philippines, U.N. Special Rapporteur Philip Alston cited such systematic denial by the government as one of the primary obstacles to stopping the rampant human rights violations plaguing the country. In his 2009 follow-up report, Alston indicated a general failure of the Arroyo government to stop the persistent human rights violations. In April 2009, the UN Committee Against Torture (UNCAT) also released a report detailing the use of torture by the Philippine military.

At the press conference, Ms. Roxas’ legal counsel, Attorney Arnedo Valera, will explain the potential legal remedies that are being explored, including the filing of a tort action in U.S. Federal Court for punitive and compensatory damages against her identified assailants or the Arroyo government in the absence of named assailants; the lodging of a private complaint before the U.S. Department of State, Human Rights Desk against the Philippine government for the violation of the fundamental rights of a U.S. citizen; and the filing of a complaints before the appropriate U.N. agencies for violations of the International Covenant Against Torture, the Covenant on Civil and Political Rights, and the U.N. Declaration of Human Rights.

The press conference will be held in Los Angeles, CA and broadcast live on the Bayan Philippine website. Media in the Philippines will be hosted simultaneously by Bayan Philippines and will be able to ask questions in real time. The U.S.-based press conference is sponsored by the Justice for Melissa Roxas Campaign, whose membership includes Ms. Roxas’ legal counsel, BAYAN-USA, GABRIELA USA, and the Katarungan Center for Peace, Justice and Human Rights, National Alliance for Filipino Concerns.

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On torture and extrajudicial justice

The off-on issue of torture, a.k.a. as enhanced interrogations, regarding captured terror suspects recently made the rounds of Internet forums obviously fanned in no small measure by a Reuters story that had our own Antonio Taguba, a retired major general of the U.S. armed forces credited for Abu Ghraib prison report, being quoted as saying that while the pictures about the alleged abuses in that Iraq prison "show torture, abuse, rape and every indecency," he also supported Obama's decision not to release them. "The mere depiction of these pictures is horrendous enough, take my word for it," he added.

Taguba echoed President Obama's stand on the matter even though the latter, as he also had backtracked in some other controversial issues, had previously pledged to disclose all images relating those abuses and other U.S.-run prisons in Iraq. The pro-con discussions that ensued only highlight the touchy nature of the subject and perhaps would remain in that way indefinitely.

There were those who say that Taguba's description is useful in justifying why the pictures would be even more frightful and scare the public, to the embarrassment of U.S. soldiers. There was even one who suspected financial interests. On my part I was puzzled why Taguba had to describe the alleged abuses in graphic detail and then go on to say that he is not for releasing them because it would "imperil our troops." I thought that the way he described it, there's no more need for releasing the photos.

On a larger scale, the discussions verged on the subject of torture as it is used in some parts of the world. It is supposedly not the monopoly of extremists or torture organizations that may or may not be affiliated with government agencies "but a group of people dedicated to their cause and mission whether the employment of such acts is inhumane, barbaric or the other way around." One said that all countries, whether they are considered "terrorist" or dictatorial countries and even democratic countries employ some form of terroristic mechanics to get information from terrorists. In the case of the U.S., it was alleged that torture was first employed by American soldiers in 1905 during the Filipino-American war. Even today, it was said, torture is being used by the police enforcement in this country and several guilty verdicts had been overturned because of this fact.

Oddly, no one mentioned about the atrocities committed by Japanese soldiers and their Korean cohorts even to Filipino old folks and children during World War II. I asked to no one in particular that, considering that the U.S. is at war with a very cruel enemy "who is sawing off the victim's head without anesthesia," what should American soldiers do to also plant fear on the enemy. One responded that it seems "waterboarding" is far more effective and less torturous than cutting off fingers, cigaret burns, pulling off teeth or whipping. Myself, I thought that in the case of U.S. intelligence agencies, this torture thing was prompted by the need to immediately react in the aftermath of 911. The U.S. then was pushed to the wall trying to prevent anticipated wave of attacks and the need to recoup its intelligence capabilities badly weakened as a result of the downsizing in the past years. America might have felt so helpless at that time against vicious criminals who don't give a second thought about mindless, wanton killings and who are not afraid to die themselves because there are so many virgins waiting for them in heaven.

The Philippine scene

Recently, I circulated the story about Melissa Roxas, a 32 year-old Filipino-American activist based in Los Angeles, who was reportedly taken by at least eight fully-armed, bonnet-clad men in broad daylight while she was doing social work in a barrio in La Paz, Tarlac on May 19 together with two others, Juanito Carabeo and John Edward Handoc. She and Carabeo were released a week later and since then Roxas had made allegations that Philippine soldiers interrogated, tortured, and incarcerated her in Fort Magsaysay, Nueva Ecija, prompting Lt. Gen. Isagani Cachuela, chief of the Northern Luzon Command (Nolcom), to direct Maj. Gen. Ralph Villanueva, commander of the Army's 7th Infantry Division, to conduct a probe.

Unfortunately, Villanueva tainted the credibility of the proposed investigation by stating beforehand that "We have reason to believe that the alleged abduction was stage-managed to put the blame on our soldiers who are doing a good job of maintaining peace and order in Central Luzon." By such prejudgment, the intended investigation could be viewed as a moro-moro in progress.

In another instance, a discussion thread developed about a story of a Manila judge who issued judgment against two former mayors of a town in Masbate province in the killing of a school district supervisor over an election-related dispute in 2004. I responded that while the story is a welcome development, it is an exceptional one because of the fact that influential persons were convicted. But even that singular victory for justice would have been uncertain had not the Supreme Court transferred the trial to Manila.

Up there with acts of torture as worrisome topics are "extra judicial justice" or "political killings" and searches in either Yahoo or Google will lead one to entries that mostly pertain to the Philippines.

On April 6, Kenneth Roth, executive director of Human Rights Watch, was quoted by GMA News saying:

Non-government organizations have recorded at least 992 cases of extra-judicial killings, and another 193 cases of disappearance since 2001 when Gloria Macapagal Arroyo assumed the presidency.

The international human rights watchdog had renewed its call for the Arroyo administration to stop paying lip service to addressing cases of extra-judicial killings in the Philippines. Roth said that the administration has still failed to establish accountability for the crimes because military personnel accused in the killings remain scot-free.

"The government has not yet prosecuted a single soldier for extra-judicial killings. And until it establishes accountability for those crimes, it risks a recurrence down the road. What's needed now is to end impunity by bringing the military under the rule of law and show that these kinds of killings will not be tolerated," he said.

According to Amnesty International, in 2006, following international pressure, GMA established the Task Force Usig (TFU) to investigate political killings. A special Commission of Inquiry known as the Melo Commission, whose mandate ended in June 2007, was also established to make policy recommendations on extrajudicial executions.

As of January 2008, the TFU had investigated 141 cases and filed 80 cases for criminal proceedings. However, because the investigations are inadequate, few cases result in convictions. The TFU and the Melo Commission have had limited success in ensuring justice for survivors and families of victims. Families often cite flaws in the justice process, such as delayed investigations, inadequate crime scene analysis leading to a lack of forensic evidence, and unwillingness to interview suspected military and police personnel. To date, most of those responsible for the killings of leftist political figures or activists have not been brought to justice.

Witnesses in cases under investigation by the authorities are particularly vulnerable to intimidation and reprisals, and sometimes even death. Many have complained repeatedly about the failure of the police to provide protection for them and their families, and said they have lost confidence in the ability of the Department of Justice to provide protection."

Philippine human rights group Karapatan has recorded 16 killings during the first three months of this year, it is said. Roth, a former US prosecutor, said that the worsening human rights abuse in the Philippines is "very unusual" for a country supposedly under a "vibrant democracy." He said, "It's hard to find such situation in other Asian democracies. There wouldn't be another Asian democracy like that. You should go as far as Sri Lanka to find a parallel. But in East Asia or Southeast Asia, none at all."

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Dionesio C. Grava - Part-time community journalist based in Los Angeles and editorial writer at Forum Asia.

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