CHR affirms suspected Abu member's torture claim

MANILA, Philippines - The Commission on Human Rights (CHR) has affirmed the claim of a fisherman that he was reportedly arrested and tortured by law enforcers in Taguig City more than a year ago to force him to admit to being a member of the Abu Sayyaf Group.

In its resolution, the CHR recommended to the Department of Justice (DOJ) the filing of appropriate criminal and administrative charges against officials of the joint Criminal Investigation and Detective Group (CIDG), Naval Intelligence and Security Force (NISF), and National Intelligence and Coordinating Agency (NICA) arresting team.

The CHR named Senior Inspector Wilfredo Sy, Senior Police Officer 2 Cresendo Molina, Police Officer 3 Darwin Linatoc, Superintendent Jonnel Estomo, and Senior Superintendent Isagani Nerez, all of the CIDG; and Capt. Antonio Habulan, and a certain Lt. de los Santos, of the NISF.

Based on CHR records, Muhamadiya Hamja, 50, was forced into a white van by armed men in civilian clothes, some of whom were wearing ski masks, while he was walking from the Blue Mosque in Maharlika Village, Taguig City after attending afternoon prayers on Nov. 28, 2008.

Immediately after the incident, the CHR said Hamja’s relatives launched efforts to locate him in nearby police stations and possible places of detention while at the same time reporting what then appeared as a case of abduction to police authorities, but failed.

Finally, with the help of the group Karapatan, Hamja’s relatives sought the assistance of CHR, which accidentally discovered Hamja at the CIDG office in Camp Crame on Dec. 4, 2008. His son recognized his sandals when the door of an office, which turned out to be Sy’s office, was slightly opened.

Consequent medical examination on Hamja by the CHR team revealed that he sustained injuries “as a result of torture” that required medical attendance for a period of one to nine days from the date of infliction.

The CHR said “there may have been valid ground” for Hamja’s arrest, by virtue of an arrest warrant, but the “illegal acts and irregularities” rendered his arrest and detention “utterly unlawful and illegal.”

Hamja’s arrest, according to the CHR, was executed “in the fashion of an abduction, not a legitimate arrest.”

The CHR said “there is strong indication” that Hamja was tortured “from the moment he was blindfolded for four days, suffocated, electrocuted, beaten, and choked with his own turban while under the custody of the arresting team.”

The CHR also ordered its legal and investigation office to file perjury charges against Sy for filing differing statements on Hamja’s arrest. – Katherine Adraneda