Lawyers: Police subjected detainees to torture, inhumane treatment

📷: Altermidya

 

The situation of the nearly 300 detainees has become a full-blown human rights crisis, remaining locked up in various police stations around Manila without formal charges three days after Sunday’s clashes.

Karapatan and the National Union of People’s Lawyers (NUPL) said that at least 216 to as many as 277 were collared by the police and are kept in at least nine police stations throughout the city, the youngest of whom is a nine year old child.

Only some arrestees underwent inquest proceedings on Tuesday afternoon, presided by a single Manila City prosecutor, further delaying the opportunity for them to post bail.

NUPL said that the inquest proceedings may again be held today and are asking for more lawyer-volunteers to assist the detainees.

Aside from NUPL and Karapatan lawyers, on the ground are volunteers from the Public Interest Law Center, Tunay na Repromang Agraryo (SENTRA), Pro Labor Assistance Center (PLACE) and some counsels from the Public Attorneys Office.

Menu of charges

Manila Mayor Francisco Domagoso announced that the suspects are facing illegal assembly, malicious mischief, direct assault, disobedience to persons to authority, looting and possibly additional charges.

Interior and local government secretary Jonvic Remulla and Palace spokesperson Claire Castro in separate press briefings also hinted at possible sedition and terrorism charges against the detainees.

NUPL however said the authorities are the ones liable for a slew of criminal and administrative charges, as:

  • The vast majority of those detained had no organizational affiliations. Most came from poor backgrounds, and some joined the protests out of indignation over rampant corruption.
  • Many were peaceful participants or mere bystanders. They consistently and categorically denied inflicting any violence or damage to property. Numerous accounts confirmed that individuals were simply fleeing for safety when they were apprehended. Disturbingly, even a thirteen year old child was arrested on the pretext of a curfew violation and remains in detention.
  • Physical abuse and torture were widespread and systematic. One individual underwent surgery for a fractured jaw at Jose Reyes Memorial Hospital, while several others displayed clear signs of injury. Even children and minors were not spared, with several bearing bruises on their faces and bodies. *
  • At the police tent in Mendiola and the MPD facility, several detainees were forced to physically assault or restrain each other to be assaulted by police officers.
  • Families were pressured by police to coerce their children to admit to crimes they did not commit.
  • On September 22, families waiting outside the MPD were denied visitation rights. Many were turned away and denied information as to the status of their missing family members.
  • Detainees were provided no food by the police, except for a few light snacks like biscuits. Drinking water was scarce. Most survived only through food delivered by relatives.
  • There are individuals who remain missing after the September 21 mobilizations and may be detained in various police precincts throughout the city.

The Department of Health has also reported the death of a 36-year-old male who was fatally wounded along Recto Avenue on Sunday.

NUPL belied claims by the Philippine National Police that it exercised “maximum tolerance,” as shown by videos and photos posted online of police officers ganging up on arrestees.

Another video also showed a police officer dragging a minor inside a Sogo hotel branch to be mauled by persons inside the establishment.

Earlier, Remulla claimed the police did not fire live bullets and tear gas.

“These grave violations of the Constitution, including unlawful arrest, physical abuse, and torture, are reprehensible and unacceptable,” NUPL said.

Sweeping, indiscriminate arrests

NUPL added that many of the detainees were arrested without legal basis, targeted solely on the basis of their appearance and presence in the vicinity, even when they were not engaged in any criminal act.

“Such warrantless arrests cannot be justified under any lawful exception, rendering the September 21 police operations unconstitutional,” it said.

The rights lawyers also revealed that the arresting officers did not read the arrestees their Miranda rights and that the MPD could not provide the names of the arresting officers on each of the arrests, attesting to their sweeping nature.

“Contrary to the mandate of maximum tolerance, the police employed excessive force. They deployed operatives in plainclothes and even enlisted civilians to inflict harm against protestors and bystanders,” NUPL said.

The public interest lawyers said they strongly condemn the “appalling conduct of the police” that constituted grave violations of law and assault of basic principles of human rights and dignity.

“We are prepared to pursue all available remedies against the police officers and officials responsible. We will also exhaust all possible avenues to ensure full accountability for these grave abuses,” the group added. | via KODAO PRODUCTIONS

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