SolGen defends PNP, AFP in first torture case under Aquino
By Tonette Orejas
Philippine Daily Inquirer – www.inquirer.net
Wednesday, August 11, 2010
CITY OF SAN FERNANDO—The Office of the Solicitor General asked a court here on Tuesday to dismiss a case that named two police and military officials in a petition for a writ of amparo in connection with the detention and supposed torture of five suspected communist rebels last week.
Emmanuel Caluyo, counsel for Senior Supt. Petronio Retirado, Pampanga police director, and Col. Ernesto Benitez, deputy commander of the Army’s 703rd Infantry Battalion, said the case should be dismissed because “it was not able to comply with the rules and it lacks merit.”
Caluyo declined to elaborate on these during an interview. He submitted an explanation to Regional Trial Court Executive Judge Serafin David who issued the writ on Aug. 4.
Continued protection
David, however, inhibited himself from the case owing to his being familiar with lawyer Ricardo Sagmit, who represents the relatives of Lenin Salas, Rodwin Tala, Jose Gomez, Daniel Navarro and Jerry Simbulan.
David has set the case for a special raffle today (Aug. 11, Wednesday).
Sagmit said he was not withdrawing the writ although the police have already presented the five men to the provincial prosecutor for inquest on Aug. 4.
“The purpose of the writ is to seek continuing protection of the relatives. There is a necessity to continue because of threats,” said Sagmit.
Also on Aug. 4, the police turned over to the provincial jail the five men who were suspected to be leaders and members of Rebolusyonaryong Hukbong Bayan. The suspects denied they were rebels.
No rebellion?
Salas and Navarro are detained for two murder cases and charges of illegal possession of firearms and explosives. Tala, Gomez and Simbulan are held for gun possession charges, court records showed.
Their case for torture was submitted on Monday to the Commission on Human Rights, making the five men the first “medically documented” set of torture victims under the Aquino administration and after the passage of the Anti-Torture Act of 2009 (Republic Act No. 9745) last year.
The case cited the actions and statements of Supt. Madzgani Mukaram, head of the police’s provincial public safety command, during the interrogation and torture.
Wounds from clash
Mukaram had denied maltreating the five men, saying their wounds, swelling and cuts documented in a medico-legal report of the regional police could have been obtained in a clash with government troops on July 30.
President Aquino has challenged communist rebels to lay down their firearms before any talks could proceed, saying while the government was ready to talk, he was asking communist leaders if they were ready, too.
Talks with the communists have collapsed under the administration of ex-President Gloria Macapagal-Arroyo after the United States and European Union listed the Communist Party of the Philippines and its armed component, New People’s Army, as terrorist organizations.
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