17score
Published Jul 7, 2020 01:17 am
By Chito Chavez
The human rights watchdog Karapatan has scored the Regional Trial Court (RTC) Branch 36 of Calamba, Laguna for acquitting four police officers who tortured security guard Rolly Panesa, whom they mistook for a top Communist Party of the Philippines (CPP) leader.
(CAMILLE ANTE / MANILA BULLETIN FILE PHOTO)
The group bewailed the RTC decision rendered on May 16, 2018, saying it was another form of torture for Panesa, who was employed by Megaforce Security at the time of his illegal arrest on October 5, 2012 in Quezon City.
Panesa’s torturers claimed that a mole on his nape proved that he was CPP leader “Benjamin Mendoza,” a leading revolutionary cadre in Southern Luzon with a bounty of P5.6-million on his head.
The victim insisted he was not “Mendoza” but his captor insisted he was despite his claim that he never a member of the CPP or the New People’s Army (NPA) and had even served as a member of the Civilian Home Defense Force (CHDF) in his hometown.
Panesa was arrested by agents of the 2nd Infantry Division of the Philippine Army (PA) led by Southern Luzon Command (Solcom) chiefr Maj. General Alan Luga and the Philippine National Police (PNP.)
He was brought to Camp Vicente Lim, denied his right to counsel and eventually detained at Camp Bagong Diwa.
Panesa recalled that at Camp Vicente Lim, he was interrogated, tortured and forced to admit that he was “Benjamin Mendoza.”
Every time he stood by his real identity, he would be beaten black and blue, with photographs of his swollen face and eyes taken a few days after his interrogation proving that he, indeed, was mauled.
In her 15-page decision, the Judge Glenda B. Mendoza-Ramos acquitted Insp. Bonifacio T. Guevarra, SPO1 Christopher E. Flores, P02 Ariel de la Cruz, P02 Joseph M. Fernandez and other John and Jane Does for violating Republic Act 9745 or the Anti-Torture Law of 2009 and Republic Act 7438, also known as an act defining certain rights of person arrested, detained or under custodial investigation as well as the duties of the arresting, detaining and investigating officers.
“It is utterly disconcerting and incredible that the local court acquitted the said police officers and gave more weight and credence to their testimony, despite Panesa’s positive identification of the four as his captors and the police officers’ own admission that they were the ones who wrongly arrested Panesa,” said Karapatan deputy secretary general Jigs Clamor.
“With this decision, the local court seems to further the power of the police and military by acceding to its practice and culture of committing human rights violations against individuals that it deems or considers to be supporters, sympathizers or members of the CPP,” he added.
In 2014, the Court of Appeals (CA) granted the petition for habeas corpus filed by Panesa.
The CA said that Panesa’s detention is not justified because he is not Benjamin Mendoza and ordered his tormentors to immediately release him from detention.
In September 2014, Panesa filed criminal charges against the police and military officers who were responsible for his arrest and torture.
“This is the height of injustice to a person who have been wrongly arrested, heavily tortured and detained for 11 months. There is no justification to any kind of physical suffering inflicted to a person by state forces,” said Clamor.
Another case was filed by Panesa against his captors for grave coercion, which is still pending before a Municipal Trial Court (MTC) in Calamba.
(CAMILLE ANTE / MANILA BULLETIN FILE PHOTO)
The group bewailed the RTC decision rendered on May 16, 2018, saying it was another form of torture for Panesa, who was employed by Megaforce Security at the time of his illegal arrest on October 5, 2012 in Quezon City.
Panesa’s torturers claimed that a mole on his nape proved that he was CPP leader “Benjamin Mendoza,” a leading revolutionary cadre in Southern Luzon with a bounty of P5.6-million on his head.
The victim insisted he was not “Mendoza” but his captor insisted he was despite his claim that he never a member of the CPP or the New People’s Army (NPA) and had even served as a member of the Civilian Home Defense Force (CHDF) in his hometown.
Panesa was arrested by agents of the 2nd Infantry Division of the Philippine Army (PA) led by Southern Luzon Command (Solcom) chiefr Maj. General Alan Luga and the Philippine National Police (PNP.)
He was brought to Camp Vicente Lim, denied his right to counsel and eventually detained at Camp Bagong Diwa.
Panesa recalled that at Camp Vicente Lim, he was interrogated, tortured and forced to admit that he was “Benjamin Mendoza.”
Every time he stood by his real identity, he would be beaten black and blue, with photographs of his swollen face and eyes taken a few days after his interrogation proving that he, indeed, was mauled.
In her 15-page decision, the Judge Glenda B. Mendoza-Ramos acquitted Insp. Bonifacio T. Guevarra, SPO1 Christopher E. Flores, P02 Ariel de la Cruz, P02 Joseph M. Fernandez and other John and Jane Does for violating Republic Act 9745 or the Anti-Torture Law of 2009 and Republic Act 7438, also known as an act defining certain rights of person arrested, detained or under custodial investigation as well as the duties of the arresting, detaining and investigating officers.
“It is utterly disconcerting and incredible that the local court acquitted the said police officers and gave more weight and credence to their testimony, despite Panesa’s positive identification of the four as his captors and the police officers’ own admission that they were the ones who wrongly arrested Panesa,” said Karapatan deputy secretary general Jigs Clamor.
“With this decision, the local court seems to further the power of the police and military by acceding to its practice and culture of committing human rights violations against individuals that it deems or considers to be supporters, sympathizers or members of the CPP,” he added.
In 2014, the Court of Appeals (CA) granted the petition for habeas corpus filed by Panesa.
The CA said that Panesa’s detention is not justified because he is not Benjamin Mendoza and ordered his tormentors to immediately release him from detention.
In September 2014, Panesa filed criminal charges against the police and military officers who were responsible for his arrest and torture.
“This is the height of injustice to a person who have been wrongly arrested, heavily tortured and detained for 11 months. There is no justification to any kind of physical suffering inflicted to a person by state forces,” said Clamor.
Another case was filed by Panesa against his captors for grave coercion, which is still pending before a Municipal Trial Court (MTC) in Calamba.