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Saturday, June 28, 2008

 

EDITORIAL

Charge the torturers


The Arroyo administration is perceived worldwide to be astonishingly corrupt and unable or unwilling to apprehend wrongdoers. It is seen also to be insensitive to the human rights abuses committed by rogue law enforcers and military authorities whose favorite victims are leftists and journalists who expose abuses and corruption.

The global consensus is that a culture of impunity prevails in this country. Corrupt officials go unchecked. Human rights abusers and perpetrators of extrajudicial killings rarely come to grief.

Mainly owing to media vigilance and Chief Justice Reynato Puno’s effort to mobilize the nation against enforced disappearances and EJKs, to introduce the writs of amparo and habeas data and to remind judges and law enforcers of their duty to serve with integrity, there has been a decline in recorded EJKs and enforced disappearances in 2007. But wrongdoers rarely get arrested or charged, and few are convicted.

That government torturers merrily do their thing without interference from administration officials is generally suspected. Aside from human-rights activists and the families of torture victims—and occasionally the media—no one talks about these acts of cruelty, inhumanity and barbarism by law enforcers.

Tortures revealed

This silence was broken on Wednesday, June 25, by the Philippine Human Rights Commission’s director for the National Capital Region, Dr. Renato Basas. He spoke during a forum attended by HR activists, media reporters and columnists.

He confirmed that putting a prisoner’s head inside a plastic bag to threaten him with asphyxiation, probing a prisoner’s gonads with electrified wires, wrapping a dripping-wet towel around the prisoner’s head to make him feel the sensation of drowning, and other forms of torture used during the Marcos regime are again being employed under the Arroyo regime.

The torturers of the Marcos regime used these techniques on captured communists as well as people merely suspected of being communists. They also tortured journalists who criticized the regime in their columns and news reports.

Being the director of the PHRC in Metro Manila, Dr. Basas has seen that the torturers are officers of the Philippine National Police, the jail management bureau and doctors connected to these offices.

He said torture cases were on the increase—in 2003, there were 18, in 2004, 26 and in 2006, 37–until it dropped to 18 in 2007, the year when the Philippines became markedly infamous–thanks to UN’s Philip Alston- for HR abuses, EJKs and enforced disappearances. But torturers are still active to this day.

Dr. Basas says no Philippine law criminalizes torture done by a government officer. Torturers can only be charged with causing physical injuries. Obviously, there ought to be a law. The punishment for torturers must be severe.

U.N. Treaty Against Torture

President Gloria Macapagal Arroyo ratified the Optional Protocol to the Convention against Torture and Cruel and Unusual Punishment (OPCAT) on April 22. And the Senate has concurred.

The President spoke of the moral obligation of the Philippine government “to strengthen the country’s compliance with international human rights instruments.”

With words like this, Philippine observers abroad—including UN officials and the King of Spain—have been led to believe that this administration champions human rights and would totally move against officers of the state who are torturers.

The unfortunate reality is that absolutely prohibiting the police, the jail managers, the military and others charged with the duty of ensuring that law and order prevail is not among the top priorities of Malacañang.

That is why torturers remain in this government. And that is also why Dr. Basas says, based on data and reports he has received, the Arroyo administration has outdone all other post-Marcos presidential regimes in the number of torture cases. President Fidel Ramos’ administration had the least torture cases, followed by the Aquino and Estrada administrations.

Descent to Zimbabwean hell

It is ominous that the NCR’s Human Rights Director made his torture disclosure on Wednesday June 25. It was also on that day when South Africa’s former president Nelson Mandela, a world icon of democracy and goodwill, spoke out to criticize with sadness “the tragic failure of leadership” in Zimbabwe.

President Robert Mugabe has ruled his country for 28 years in unparalleled madness, incompetence and cruelty. Torture, assasination and beatings of jailed opposition figures are commonplace in that basket case (hyperinflation is more than a million percent) which before Mugabe was southern Africa’s prosperous food basket.

A criticism against President Arroyo is that she is so preoccupied with political survival to the point of coddling the police and the military—the forces that ultimately hold real power because they have the guns.

Some oppositionists are grimly saying elections may not be held in 2010. They say she and they could make new constitutional arrangements to prolong her stay in power as president or prime minister. The President’s allies massively control Congress and the local governments.

If such a thing happens, the Philippines–among different possible scenarios–could descend into something like the hell that Zimbabwe is now.

But President Arroyo—has managed marvelously to make the economy grow by 7.3 percent in 2007. Perhaps, untrammeled by democratic imperatives, she would, instead of running the Philippines to the ground as Mugabe has done to Zimbabwe, make our economy soar—just as the undemocratic strongmen of South Korea and Taiwan did to their countries. She should then prove her critics wrong.

   
 

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