Kin formally ask CHR to probe Ivan Padilla's death

The family of suspected carjack gang leader Ivan Padilla, who was killed in a supposed shootout with policemen last week, formally asked the Commission on Human Rights (CHR) to investigate what they perceive as a case of rubout. Ivan’s father, Donaldo Padilla, and sister who requested anonymity for security reasons, went to the CHR office in Quezon City Wednesday morning to execute an affidavit to express their “doubts" regarding Ivan’s death in the hands of policemen. Lawyer Carmelita Rosete, CHR-National Capital Region chief for protection and monitoring, quoted the family as saying that they are wondering why Ivan was found by a medico-legal expert to have died from asphyxiation, or extreme drop of oxygen in the body, when a video footage showed him “very much alive." “Sila raw ay nabigla at hindi sila makapaniwala na ganoon ang ikinamatay ni Ivan, matapos makita nila ang death certificate [They were shocked and could not believe Ivan’s cause of death when they saw his death certificate]," Rosete told GMANews.TV, pointing out the most salient point of the affidavit.

The video showed Ivan slumped at the back of a police mobile patrol car, bleeding but was answering questions from the media. Rosete said Ivan’s kin wanted to know if the responding policemen from the National Capital Region Police Office (NCRPO) committed “arbitrary deprivation of life or extra-legal death" against the slain suspect. Rosete refused to show to GMANews.TV the affidavit, saying they have to send copies of it to the respondents first. Superficial wounds Ivan, 23, was declared dead on arrival at the Ospital ng Makati Monday last week after he allegedly engaged arresting policemen in a shootout. He sustained gunshot wounds on different parts of his body, including the head, but the autopsy report said these were “superficial." The autopsy report indicated that Ivan died from asphyxia. A paraffin test conducted on his remains before they were cremated tested negative. Rosete, however, said paraffin tests are not conclusive and should still be supported by other evidence, most especially accounts from witnesses. The CHR for almost a week now has already been investigating motu proprio (on its own) the supposed shootout to determine it was a legitimate encounter between the suspects and the police. Ivan’s companion, Mark Inducil, a probable witness, is currently in police custody. He did not suffer injury in the shootout, except for a wound near his eye from a shattered glass from their car's window. Investigation showed Inducil was driving the car carrying Ivan when they were spotted by policemen along General Luna Street in Makati City. Rosete admitted that the Padillas’ formal complaint could greatly contribute in their ongoing investigation even if the father and daughter did not identify any particular individual they wanted to be investigated. “It is already the job of the CHR to determine who would be subpoenaed," Rosete said, adding that members of the NCRPO’s Anti-Carnapping Division, which conducted the operation against the suspects, would definitely be probed. Resource persons The CHR will also be inviting the doctor from the Ospital ng Makati who attended to Ivan, as well as the security guard who logged his arrival at the hospital. The CHR has likewise requested from ABS-CBN a copy of the video footage of Ivan's "last" interview. Rosete said the three-man investigating panel of the CHR might also invite forensic expert Racquel Fortun to get an “expert’s opinion." “Kahit obviously, hindi na sya makakapag-conduct ng re-autopsy, pwede namin siyang hingian ng expert’s opinion," Rosete said. Fortun had been tapped in earlier investigations involving police operations, including the NIA Road shootout in February 2009 and the death of broadcaster Ted Failon's wife in May of the same year. Rosete said they are also checking reports that Ivan was not treated properly when he was rushed to the hospital. “Basta dinala daw sa ospital at iniwan na [He was brought to the hospital and then abandoned]," she said. If police liability is proven, the CHR, as a constitutionally created recommendatory body, could recommend the filing of administrative charges before the National Police Commission (Napolcom) and criminal charges before the Office of the Ombudsman. - KBK, GMANews.TV