- Affidavit of Melissa Roxas
- CHR Resolution Protects Torturers, Torments Victims
- CHR Reso on Fil-Am Activist:"NPA Abduction Theory" is Illogical Says Militant Group
News Release
April 24, 2011
CHR report on Melissa Roxas practically clears AFP in torture -- Bayan
The umbrella group Bagong Alyansang Makabayan today slammed the Commission on Human Rights resolution on the case of the abduction and torture of Fil-Am activist Melissa Roxas. The group said that the report “practically clears the AFP of any wrongdoing”.
“We are very disappointed with the report. This seems to be a departure from the investigation initiated by the former CHR chair. The resolution says that there is insufficient evidence to lay responsibility for Melissa’s abduction and torture on the AFP. This is despite Melissa’s credible and detailed testimony,” said Bayan secretary general Renato M. Reyes, Jr.
“The resolution is an embarrassment for the CHR. It’s also a great injustice after Melissa fully cooperated with the probe of the Commission. This tends to discourage victims seeking the CHR’s help,” he added.
Roxas, a member of BAYAN’s United States chapter, was abducted in La Paz, Tarlac on May 19, 2009 along with John Edward Jandoc and Juanito Carabeo. She was held for several days and subjected to various forms of torture on allegations that she’s a member of the New People’s Army.
In its findings, the CHR said that there is insufficient evidence to support the claim of torture because there was not enough evidence to determine the identities of the abductors. The CHR says torture includes the elements of State party and agents.
“In the light of the lack of evidence against the persons who inflicted the physical and psychological maltreatment on the complainant, it is not possible for the Commission to reach any findings on torture, the definition of which includes elements of State party or agent and certain intentions, purposes and motivations,” the CHR resolution said.
“There is, however enough evidence to find that complainant has suffered cruel, inhumane and degrading treatment or punishment by persons unknown," the CHR added.
Insufficient evidence against AFP
“As regards the complainant’s belief and allegations that members of the Armed Forces of the Philippines forcibly took Melissa Roxas and companions from Mr. Paulo’s house in Tarlac on May 19, held her in captivity and subjected her to physical and mental maltreatment: there is insufficient evidence to support this conclusion, and insufficient evidence to pinpoint individual members of the AFP as the possible or probable perpetrators,”
“The CHR has received information that indicates the possibility that members of the NPA committed the kidnapping and other human rights violations on Roxas et al. These sources have been found to be credible. However, no specific names of individuals have been provided to the CHR, thus the Commission, with its limited resources, is unable to further follow up and identify specific persons as the possible perpetrators,” the report said.
The report also said that “given the findings that present strong indication of involvement of the members of the New People’s Army as the perpetrators of the human rights violations against the complainant, there is a need to remind the parties of …the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law” which was signed by the Philippine government and the National Democratic Front of the Philippines.
Bayan decried as “gratuitous, illogical and unsubstantiated” the CHR’s statement that sources pointing the NPA’s involvement were “credible”. The group questioned the basis of how the CHR came to the conclusion that the “findings present strong indication of the involvement of the NPA.”
“The CHR practically clears the AFP and misleads the public to believe the NPA abducted Melissa, without even presenting a shred of evidence and with total disregard for the detailed testimony of the victim. Nowhere in the report does it offer any detail, let alone motive, for the NPA to abduct Melissa,” Reyes said.
Bayan said that the line of questioning by Melissa’s captors during her detention and torture make it “illogical” to pin the blame on the NPA. The umbrella group said that the line of questioning, as detailed in Roxas affidavit, was consistent with how the military interogates activists suspected of being NPA members.
“During detention, accordng to her testimony, Melissa was forced to sign a document saying she’s NPA and was repeatedly asked to return to the fold of the law. She was asked how she got involved in Bayan USA and was lectured on anti-communism and religion. She was told she was in the “order of battle”. She was only released when she played along with her captors’ demand that she will reform. Is this the work of the NPA? It simply defies logic. What is the motive of the NPA for abducting her? Why does the CHR give this theory any credibility?” Reyes asked.
In her testimony, Roxas said she got a glimpse of men wearing fatigue uniform, heard gunfire as if in a firing range, and heard the sound of aircraft as if near an airport or landing strip. She also said she was confined in a facility that appeared to be a barracks that had iron bars.
“Isn’t it the AFP who has the motive for abducting Melissa, because of her leftist involvement? Why was Melissa’s detailed account of her interogation simply disregarded? Why not pursue the investigation as to theinvolvement of the AFP instead of clearing them,” Reyes said.
“The CHR makes a big deal about so-called non-state actors involved in Melissa’s abduction yet offers not a shred of evidence. After practically clearing the AFP, the CHR then says it cannot determine the identities of the abductors because it has neither manpower nor resources,” he added.
Bayan said that the AFP alibi that human rights violations against leftists were the handiwork of the NPA has already been discredited years ago.
“The line that the NPA did the human rights violations against leftist activists has long been discredited. It was rejected by the Melo Commission and by the UN special rapporteur on extrajudicial killings Philip Alston. It is a surprise then that the CHR again resurrects this worn out and discredited line. It’s an injustice to Melissa and other victims of torture who are unable to identify their torturers hidden in the shadows,” Reyes said. ###
PRESS RELEASE
April 25, 2011
Contact: Rhonda Ramiro
BAYAN-USA Secretary General
secgen@bayanusa.org
CHR Resolution Protects Torturers, Torments Victims
"This is a cover-up," stated BAYAN-USA Chair Bernadette Ellorin in response to the release of a Resolution by the Commission on Human Rights of the Philippines (CHR) on the case of the abduction and torture of Filipino American Melissa Roxas on May 19, 2009. The result of an investigation begun on the 25th of May 2009, the CHR's report cites copious evidence gathered through public inquiries, expert witnesses, inspections of the abduction site and military facilities where Roxas was possibly held, and sworn statements by Roxas herself, yet concludes that "In light of the lack of evidence against the persons who inflicted the physical and psychological maltreatment on the complainant, it is not possible for the Commission to reach any findings on torture" in Roxas' case.
"With this single report, the CHR has virtually erased any progress made in its 1-1/2 year investigation into this case by the previous CHR chair. It appears that now the CHR is more concerned with covering up the crimes of the Philippine military than with uncovering the truth about human rights violations in the country," said Ellorin.
The first American citizen to be abducted and tortured under the administration of former President Gloria Macapagal Arroyo, Roxas is a well-known Filipino American human rights advocate and was BAYAN-USA's first Regional Coordinator in Los Angeles, CA and a founding member of the Los Angeles-based cultural organization Habi Arts. In her sworn affidavit and testimony provided in several court appearances and CHR Public Inquiries in 2009, Roxas described in detail the ordeal she experienced at the hands of the Philippine military: being abducted by approximately 15 armed men, handcuffed and blindfolded for six days, held in a jail cell, subjected to torture via asphyxiation using a doubled-up plastic bag, repeated beatings to the face and body, and having her head banged repeatedly against the wall by her interrogators, who tried to force her to admit that she was a member of the New People's Army and advised her abandon communism and to "return to the fold." Roxas said that one interrogator stated those who tortured her were from the Special Operations Group (SOG), and she heard one of her interrogators addressed as "Sir." She also heard gunfire from what she believed to be a firing range as well as the sounds of aircraft, pointing to the high probability that she was held in a military camp.
By its own admission, the CHR report states that Roxas provided exceptionally consistent and detailed descriptions of the torture she underwent, the place she was held, and the physical appearance of five people involved in her abduction and detention, indicating that Roxas' testimony is extremely credible. However, the CHR report still concludes that it has "insufficient evidence to pinpoint individual members of the AFP as the possible or probably perpetrators."
Moreover, the CHR report dares to shift the blame from the Philippine military to the New People's Army (NPA). "The CHR has received information that indicate the possibility that members of the NPA committed the kidnapping, and other human rights violations on Roxas," states the resolution on page 20. In response, Ellorin said, "By making such blanket accusations without providing a speck of evidence, the CHR under President Aquino is showing that it is no different from the Philippine Presidential Human Rights Commission (PHRC) under Arroyo, which tried to dismiss Melissa's traumatic ordeal by saying that it was fabricated. Falling for information like this is laughable, especially considering that Melissa's captors tried to force her to admit she was an NPA member. Even worse, the CHR resolution opportunistically supports the Aquino government's counter-insurgency program Oplan Bayanihan, which is attempting to demonize the NPA while duping the public into believing that the AFP is a peace-making force."
International human rights advocates such as Amnesty International, Human Rights Watch, and the United Nations Special Rapporteur on Extrajudicial Killings have repeatedly criticized the Philippine government's cover-up of state-sponsored torture. "This CHR resolution perpetuates the culture of impunity that reigns in the Philippines. There is still no justice for the innocent women and journalists slaughtered in the Maguindanao Massacre in 2009, not one perpetrator has been apprehended in the cases of thousands of cases of extra-judicial killings, nor the abduction and torture of people like Melissa Roxas and the Morong 43 health workers," said Ellorin.
"The CHR resolution will just add fuel to the fire of the Justice for Melissa campaign," continued Ellorin. "While the CHR under Aquino lacks the political will to uphold human rights, BAYAN-USA and Melissa's supporters will persist in pursuing justice for Melissa through all vehicles available to us in the U.S."
The timing of the release of the CHR Resolution comes as the U.S. Congress enters the final weeks of a contentious budget battle, expected by both Democrats and Republicans to result in hundreds of billions of dollars in cuts to essential public services. BAYAN-USA calls on the U.S. Congress and Obama administration to stop pouring millions of American taxpayer dollars into the Philippine military, which tortures and kills innocent people under the tacit protection of the so-called Commission on Human Rights.
BAYAN-USA is an alliance of 14 progressive Filipino American organizations in the U.S. representing organizations of students, scholars, women, workers, and youth. As an international chapter of Bagong Alyansang Makabayan (BAYAN-Philippines), BAYAN-USA serves as an information bureau for the national democratic movement of the Philippines and as a campaign center for anti-imperialist Filipinos in the U.S.
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PRESS RELEASE
April 25, 2011
BAYAN Philippines
CHR Reso on Fil-Am Activist:"NPA Abduction Theory" is Illogical Says Militant Group
The umbrella group Bagong Alyansang Makabayan slammed the Commission on Human Rights for saying that Fil-Am activist Melissa Roxas may have been abducted by the New People's Army and not the Armed Forces of the Philippines.
"This assertion is misleading and practically clears the AFP of any liability. The resolution is a big blow against human rights and will only serve to embolden future torturers," said Bayan secretary general Renato M. Reyes, Jr.
"The claim that the NPA abducted Melissa is illogical and does not conform to facts and circumstances of the case. Melissa was abducted by armed men, on suspicion she was an NPA rebel. She was forced to sign a document admitting she was an NPA rebel. She was repeatedly asked to return to the fold of the law. She was even told she was in the "order of battle". How then can the CHR give credence to the claim that the NPA abducted Melissa? It defies common sense," Reyes said.
Bayan said that the detailed testimony of Roxas was apparently not considered by the CHR in its resolution.
"In cases of torture, the best evidence and testimony come from the survivor. However, instead of following up on the leads provided by Melissa's testimony, the CHR got so-called 'credible sources' pointing to the NPA's involvement. Yet neither the CHR nor its sources provided a shred of evidence or even motive establishing that the NPA abducted Melissa," Reyes
"The CHR doesn't even think that what happened to Melissa was torture simply because she allegedly failed to establish the identities of her captors. This is truly an injustice and an affront to the victim,' Reyes added.
In her testimony, Roxas said she got a glimpse of men wearing fatigue uniform, heard gunfire as if in a firing range, and heard the sound of aircraft as if near an airport or landing strip. She also said she was confined in a facility that appeared to be a barracks that had iron bars.
"Isn't it the AFP who has the motive for abducting Melissa, because of her leftist involvement? Why was Melissa's detailed account of her interrogation simply disregarded? Why not pursue the investigation as to the involvement of the AFP instead of muddling the issue with an unfounded theory?" Reyes said.
"The CHR resolution tends to discourage victims of human rights violations from seeking the Commission's help," he added.
Roxas, who is in the US, is currently consulting with her lawyers and organization and is expected to issue a statement soon.
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