CHR ‘practically clears’ AFP of torturing Melissa Roxas – Bayan
Bagong Alyansang Makabayan (Bayan) on Sunday bewailed the Commission on Human Rights (CHR) resolution on the case of the alleged abduction and torture of Filipina-American activist Melissa Roxas, saying it âpractically clears" the military of any wrongdoing. âWe 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 Melissaâs abduction and torture on the AFP (Armed Forces of the Philippines). This is despite Melissaâs credible and detailed testimony," said Bayan secretary general Renato M. Reyes, Jr. âThe resolution is an embarrassment for the CHR. Itâs also a great injustice after Melissa fully cooperated with the probe of the Commission. This tends to discourage victims seeking the CHRâs help," he added. Roxas, a member of Bayanâs United States chapter, was allegedly abducted in La Paz, Tarlac on May 19, 2009 along with John Edward Jandoc and Juanito Carabeo. She was held for several days and allegedly subjected to various forms of torture on allegations that sheâs a member of the New Peopleâs Army. Insufficient evidence against AFP In its Feb. 14 findings, the CHR said 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 must have been committed by âelements of state party and agents" â referring to government authorities. âIn 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. âThere is, however enough evidence to find that complainant has suffered cruel, inhumane and degrading treatment or punishment by persons unknown," the CHR added. The CHR report said there is âinsufficient evidence" to support the conclusion âthat members of the Armed Forces of the Philippines forcibly took Melissa Roxas and companions from Mr. Pauloâs house in Tarlac on May 19, held her in captivity and subjected her to physical and mental maltreatment," and âinsufficient evidence to pinpoint individual members of the AFP as the possible or probable perpetrators." Communist rebels involved? The CHR did not discount the possibility that NPA rebels were really the ones who kidnapped and tortured Roxas and her companions. âThe 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 âgiven the findings that present strong indication of involvement of the members of the New Peopleâs Army as the perpetrators of the human rights violations against the complainant, there is a need to remind the parties of â¦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 âgratuitous, illogical and unsubstantiated" the CHRâs statement that sources pointing the NPAâs involvement were âcredible." The group questioned the basis of how the CHR came to the conclusion that the âfindings present strong indication of the involvement of the NPA." âWorn out and discredited lineâ âThe 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 Melissaâs captors during her detention and torture make it âillogical" 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 interrogates activists suspected of being NPA members. âDuring detention, according to her testimony, Melissa was forced to sign a document saying sheâs 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 âorder of battle.â She was only released when she played along with her captorsâ 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 affidavit, Roxas testified that 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. âIsnât it the AFP who has the motive for abducting Melissa, because of her leftist involvement? Why was Melissaâs detailed account of her interrogation simply disregarded? Why not pursue the investigation as to the involvement of the AFP instead of clearing them," Reyes said. Bayan said that the AFP alibi that human rights violations against leftists were the handiwork of the NPA has already been discredited years ago. âThe 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. Itâs an injustice to Melissa and other victims of torture who are unable to identify their torturers hidden in the shadows," Reyes said. âThe CHR makes a big deal about so-called non-state actors involved in Melissaâs 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. â MRT/KBK, GMA News