CEBU CITY—The Commission on Human Rights in Central Visayas (CHR-7) has started investigating the controversial police operation that led to the arrest of seven persons and rescue of 19 Lumad children.

CHR-7 chief investigator Leo Villarino said that upon the instruction of the CHR Central Office, the agency has launched a moto proprio investigation which means the probe was its own initiative.

"We have started interviewing the Lumad minors yesterday (Tuesday)," Villarino said.

Last Monday, Feb. 15, police and social workers rescued 19 children belonging to the Manobo tribe in Davao del Norte from the retreat house of the University of San Carlo-Talamban Campus.

According to lawyer King Anthony Perez, information officer of the National Union of Peoples’ Lawyers, three adult Lumad students, two teachers, and two Datus were arrested during the police operations.

The seven arrested persons underwent an online inquest proceeding Wednesday morning, said Perez, one of the legal counsels of the arrested persons.

“Charges will be filed in Davao. The inquest was just to see the legality of the arrest,” Perez said.

Police said charges for kidnapping, child abuse, and human trafficking will be filed against the seven persons.

Villarino said the CHR-7 will look into possible violations committed by authorities during the operation.  

"During the so-called rescue, were there any rights violated? Were force and intimidation used? Where are they being kept right now and were these violation of their rights? These are the kind of possible violations the CHR is interested to look into," said Villarino.

Villarino emphasized that in such operation, the constitutional rights of the involved persons have to be protected.

“We have the right to remain silent, right to be informed, and right to a counsel. We received information that during the operation, those suspects were not allowed to consult their lawyers and that in fact is a violation of constitutional rights,” Villarino said.

Based on the videos that they saw, Villarino said the supposed rescue operation was faulty.

“It was a very chaotic and traumatic event that transpired. Probably our police, the next time that they will conduct similar operations, a thorough plan should be made and implemented,” Villarino said.

Villarino said aside from looking into the possible violations of the police, the CHR 7 will also determine the possible liabilities of the people who brought the Lumad children in Cebu and the administrators of the university which owns the retreat house.

The Save Our Schools (SOS) Network Cebu was responsible for bringing the children to Cebu to take part in the Lumad Bakwit School program.

"They (university and organizers of bakwit school program) are already part of the story and incidents. And they also need to be asked considering the complaints from the parents who said their children were away with them without their consent," Villarino said.

After the investigation, the CHR 7 will send its report to its central office for further actions, Villarino said.

Villarino said the CHR 7 is also hoping that the concerned parties will cooperate in the investigation to help clear the transparency issues surrounding the incident.

“I want to assure our police, the authorities, the public, and members of the Lumad community that the investigation of the CHR will be impartial,” Villarino said.