CHR: Erap supporters' rights violated, law vs torture needed

The Commission on Human Rights (CHR) on Tuesday said human rights violations were clearly committed in the arrest and detention of five Estrada supporters last week, and called for a law specifically against torture and involuntary disapperances. “You could actually throw the book at them. Even if the mission is for a good cause but (if) the methods used were contrary to law, it could not be justified," said CHR chair Purificacion Valera Quisumbing at a hearing of the Senate committee on national defense and security. Quisumbing said the military agents who conducted the "arrest" could be charged with trespassing to dwelling, illegal detention, arbitrary arrest and involuntary disappearance. LAW AGAINST TORTURE Quisumbing likewise urged the Senate to pass a law outlawing torture. She noted while the Revised Penal Code provides safeguards, no law covers torture and involuntary disappearance. “Torture is a terrible thing, Mr. Chairman," Quisumbing said. “There’s no law on torture, against torture and involuntary disappearance, which is also a form of torture," she stressed. The CHR head said the country should pass a law against torture since it is a signatory to the international convention against torture. Quisumbing also listed the police as top human rights violator, based on the complaints that they have flooded her agency, followed by a combination of other government agencies, with the military ranked third. ’UMDJ 5’ Five members of the pro-Estrada Union of the Masses for Democracy and Justice (UMDJ) were picked up by armed men in civilian clothes last May 22 at a house in Kamuning, Quezon City. The military initially denied involvement in the incident but later admitted that they had the five in custody. The five Estrada supporters were released last May 25. They claimed that they were mistreated by their captors and that one of them, Ruben Dioniso – whom the military has tagged as a communist hitman out to kill a number of Cabinet members – was subjected to torture. The Philippine National Police (PNP) Crime Laboratory last Friday found that Dionisio, 60, had "multiple contusions and abrasions" in various parts of his body. The other Estrada supporters who were picked up by military intelligence agents included UMDJ chairman Virgilio Eustaquio, who also owned the house where they were picked up, and members Jim Cabautan, Dennis Evona, and police officer 3 Jose Curament, assigned with the Quezon City police. STILL INVOKING EO 464 The CHR official was the only government official who showed up during the Senate probe led by Sen. Rodolfo Biazon. Invited military and police officials led by AFP chief of staff Gen. Generoso Senga failed to show up. Senga, in a letter to panel chair Biazon, said he was sending instead his deputy chief of staff for intelligence, Major General Rodrigo Maclang, as his representative. But Senga said Maclang’s appearance – including that of Intelligence chief Commodore Leonardo Calderon – is subject to the approval of President Arroyo “pursuant to Executive Order 464." EO 464 was struck down as unconstitutional by the Supreme Court but the government insists that the ruling was not yet final and executory. Malacanang has yet to appeal the ruling. Biazon said the Senate committee may choose to issue subpoena against the officials, which he said “carries a penalty and could not be disregarded." “Offenses committed by the government are piling up for their continued refusal and disrespect of the SC ruling," he said after the hearing. He added: “We may have to go back to the (Supreme Court)." Sen. Panfilo Lacson said Senga’s reasoning was “unacceptable." “May SC ruling na invalidating 464. So bakit kailangan gamitin ang 464? Walang basehan. Kaya nag-iisip kami ibang forum at pwede namin i-recall ang budget ng AFP para lang mailabas itong ganitong mga paliwanag tungkol dito. Di iipitin kundi gawing venue ang budget deliberation para tanungin sila ano ba talaga nangyari. Ang daming why questions ditto." Lacson said. The opposition senator said the military could no longer hide their culpability since the violations were glaring. “Wala na dapat i-analisa masyado, kitang kita sa ni-reveal kanina. Unang-una, bakit sila inaresto at hinalughog ang bahay nang walang warrant? Pangalawa, bakit sila dinetain mahigit 36 hours na maximum reglamentary period? Pangatlo, bakit tinago sa publiko? Pang-apat bakit yung torture pinagtatakpan pa hanggang sa level ni Justice Secretary Gonzalez? Siya pa nag-justify na yung sugat o injury self-inflicted?" he said. Lacson nevertheless urged the CHR to complete its probe and recommend charges before the Ombudsman. STILL RECOVERING Four of the five nabbed Estrada supporters were able to attend the hearing, Dionisio still confined at the hospital for alleged torture. During the hearing, the Estrada supporters appealed for security assistance from the Senate while the probe is on-going for fear of their lives. The group disclosed receiving death threats after their release last week. Biazon said they will consider their request but noted that the Senate has limited resources to provide security for the group.-GMANews.TV