Brief description of the situation

According to the information received, on 23 January 2008, at around 8:00 p.m., Mr. Eliseo Berot was arrested by Lt. Michael Madayag and his team, belonging to the 78^th Infantry Division based in Tuburan under Lt. Col. Jeffrey Omandam commander, for allegedly acting suspiciously. The militaries were reportedly patrolling the mountain barangays in Danao City when they spotted Mr. Eliseo Berot. They then reportedly apprehended and searched him. They reportedly found a 45 caliber in his possession and bullets magazine.

According to the information received, Mr. Eliseo Berot was probed by the military to find out if he was a member of the New People’s Army (NPA). The victim reportedly denied. The military reportedly continued to believe he was one although no subversive documents were found in his possession.

According to the same information received, TFDP staff went to Danao City to find if the military had turned Mr. Eliseo Berot over to the police. However, while the police allowed the staff to look into their record book (at the Bureau of Jail Management and Penology (BJMP), Danao City and the Philippines National Police Station, Danao City), it could not find the name of Mr. Eliseo Berot. The police reportedly explained that he may be turned over to them when the military would have filed a case against him. At the time of issuing the appeal, the exact whereabouts of Mr. Eliseo Berot remain unclear.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Eliseo Berot, as his whereabouts remain unknown, giving rise to fears that he may be subjected to ill-treatment, torture or potentially extra-judicial execution. OMCT calls on the authorities to immediately locate his whereabouts and guarantee his personal integrity at all times.

Action requested

Please right to the authorities in the Philippines urging them to:

i.                     Immediately locate Mr. Eliseo Berot’s whereabouts;

ii.                   Take all measures necessary to guarantee his physical and psychological integrity;

iii.                  Order his immediate release in the absence of valid legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;

iv.                 Order a thorough and impartial investigation into these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;

v.                   Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

- Her Excellency Gloria Macapagal-Arroyo, President, Republic of the Philippines New Executive Bldg. Malacañang Palace Compound J. P. Laurel St. San Miguel, Manila, Philippines E-mail: opnet@ops.gov.ph, kgma@yahoogroups.com Fax: (+63) 2 929 3968

- The National Defense Secretary Rm. 301 DND Bldg. Camp Aguinaldo, EDSA, 1110 Quezon City
Philippines, E-mail: snd@dnd.gov.ph/osnd@philonline.com, Fax: +63 2724 8763

- PNP Chief Jacinto Cesar, City Police Chief, PNP HQ, Tagbilaran City

- Gen. Hermogenes Esperon, Jr, Armed Forces Chief of Staff, AFP GHQ, Camp General Emilio Aguinaldo, Edsa, Quezon City

- Gen. Oscar Calderon, PNP Chief, Camp Crame, Edsa, Quezon City, Fax No. 063 2 724 8763, Tel:  +63 2911 6213

- Hon. Dr. Purificacion Quisumbing, Chairperson, Commission on Human Rights, SAAC Building, Commonwealth Ave., UP Complex, Quezon City, Email address:  drpvq@chr.gov.ph

- Bienvinido C.  Blancaflor, Director, Fact-finding Investigation, Corruption, Prevention and Public Assistance Bureau, Office of   the Deputy Ombudsman for the Military and Other Law Enforcement Offices, 3^rd Flr. Ombudsman Bldg, Agham Rd Diliman (1104) Quezon City Tel. +632 926 9032

- Office of the Presidential Adviser on Peace Process (OPAPP), Hon. Jesus Dureza, 10^th Flr, Agustin 1 Bldg, Emerald Avenue, Ortigas Center

- Lt. Col. Jeffrey Umandam, Commander, 78^th Infantry Division, Philippine Army HQ, Tuburan, Cebu, Attn. to: 1Lt Michael Madayag, 78^th Infantry Battalion HQ, Danao, Cebu

- Permanent Mission of the Philippines to the United Nations in Geneva, 47 Avenue Blanc, 1202 Geneva, Switzerland, Fax: +41 22 716 19 32, Email: mission.philippines@ties.itu.int

- Embassy of the Philippines in Brussels, 297 Avenue Moliere, 1050 Brussels, Belgium, Tel: +32 2 340 33 77 / 2 340 33 78, Fax: +32 2 345 64 25.

Please also write to the embassies of the Philippines in your respective country.

Geneva, 05 February 2008