The Commission on Human Rights (CHR) has asked the Philippine National Police (PNP) to investigate the alleged “tanim baril” (planting of a gun on a person) during a wife’s visit to her husband, an alleged political prisoner in San Carlos City in Negros Occidental.
The CHR acted on the plea aired by Karapatan, an advocacy group supporting families and friends of political prisoners.
Karapatan told the CHR that Leon Charita, a National Federation of Sugar Workers (NFSW) member, has been detained for the past four years at the district jail in San Carlos City.
It said that Leon was arrested at a police checkpoint with seven other activists back in September 2019 for alleged illegal possession of firearms and explosives. However, Kapatid said that they only carried leaflets and a sound system to commemorate the 1985 Escalante Massacre.
It told the CHR that Leon’s wife, Pertinisa Jereula Charita, 55, is one of those who met with United Nations Rapporteur on Freedom of Opinion and Expression Irene Khan when the latter visited the Visayas last January.
At about 1 p.m. on Feb. 13, Karapatan said that Pertinisa herself was arrested when a jail guard allegedly found a small caliber .22 pistol inside her bag during a search procedure.
The advocacy group said that Pertinisa was accompanied by her children and grandchildren during the visit as they were visiting Leon to celebrate his birthday. Kapatid lamented the "tanim-baril" incident and called it a new "modus operandi to harass the families of political prisoners."
"This case is utterly preposterous, and the only rationale behind it is political persecution in retaliation for participating in the submission of cases to the UN Rapporteur in Cebu City last month. Because why would a wife risk bringing a gun into a jail, knowing visitors undergo security checks upon entry, and which would likely lead to her own arrest?” said Fides Lim, Kapatid spokesperson.
In a statement issued on Tuesday, Feb. 27, the CHR urged the PNP “to look into this matter.”
“We echo the call of Kapatid that the arrest of Pertinisa Charita should be further evaluated and determined whether other angles also exist in the said incident. On the part of CHR, our Region VI office is currently investigating the current situation of Pertinisa Charita and is open to providing legal assistance if needed,” the CHR said.
It reminded law enforcement agencies that the Philippines is being constantly called upon by the United Nations Subcommittee on the Prevention of Torture to be responsive to its obligation under the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).
"This Protocol stresses the primary responsibility of the State to continue the guarantee of one’s full respect for their human rights, including those of the persons deprived of liberty," the CHR explained.