Fil-Am to sue RP gov't for kidnapping, torture
abs-cbnNEWS.com | 06/29/2009 4:08 PM
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MANILA - A Filipino-American who has accused Philippine military agents of abducting and torturing her last May is set to file various legal actions against the Philippine government for state-sanctioned brutality against her.
Melissa Roxas, a member of Bagong Alyansang Makabayan (Bayan)-US chapter, said she will file an international court action against the Arroyo administration before a United States federal court seeking damages for unlawful kidnapping and assault, her lawyer Arnedo Valera said.
"Now the torture that was perpetrated, we believe, was done under...official authority. We will be lodging private complaints before the State Department so that sanctions against the Philippine government will be made. For example, cutting off of military aid," Valera said in an ANC "Dateline Philippines" interview.
He added that Roxas will also lodge private complaints before appropriate United Nations bodies against the Philippine government for violating various conventions against torture and international civil and political rights.
Valera said Roxas's case is particularly important since she is the first American citizen to have endured torture and abduction under the new administration of US President Barack Obama.
"The fact is that she was tortured, she was tortured on Philippine soil. Those who tortured her should be held accountable," he said.
In an emotional press conference in Los Angeles, California over the weekend, Roxas said she was part of an exposure program doing volunteer work in La Paz, Tarlac when she, along with her two companions, John Edward Jandoc and Juanito Carabeo, were allegedly taken by about 15 men in civilian clothes on May 19, at around 1:30 in the afternoon.
In her statement, Roxas said the three of them were beaten up, detained, and accused by their abductors of being part of the Communist movement. At one point, she said one of the torturers pulled two plastic bags over her head and strangled her.
“I started to suffocate, I could not breathe anymore, started to see white and thinking I was going to die, but then he released the hold,” she said.
Roxas said during her captivity, she heard sounds of gunfire, construction and planes taking off. She said she has reason to believe that the military was behind the incident because her accusers kept saying that she was a member of the New People's Army (NPA).
On May 25, Roxas recalled her abductors brought her to her house in Quezon City but not without warning that she would be kidnapped again if she talked about her ordeal.
Valera said Roxas opted to go to the United States first before mounting a press conference because she feared for her safety while in the Philippines.
Abduction was staged: gov't
The armed forces, through spokesperson, Lt. Col. Romeo Brawner Jr., denied any involvement in the abduction and torture of Roxas and said the Filipino-American could have "staged" or "fabricated" the abduction.
"According to the Office of the Solicitor General, there is a possibilty that this was a staged abduction, meaning it was fabricated...As per the initial investigation of the AFP, none of our units were involved in this abduction," he said in the same Dateline interview.
He said Maj. Ralph Villanueva, commander of the Philippine Army's 7th Infantry Division, assured him that none of his men was involved in the alleged abduction.
Brawner admitted that the military leadership is bothered by allegations that there have been thousands of victims of torture, extrajudicial killings and enforced disappearances since President Arroyo rose to the presidency in 2001.
"It is not the policy of the Armed Forces of the Philippines (AFP) or our units or soldiers to torture anybody. We are staunch supporters of human rights," he said.
He said various court cases have proven that some of the abductions were perpetrated by the NPA and other groups considered a domestic security threat. He added, however, that some military men are involved in human rights violations and are facing litigation before military courts.
He also welcomed the new court cases, which, he said, would help the AFP clear its name.
Shameful excuse
Valera, however, decried the government stance of shifting the blame to other groups. He said Melissa's abduction typifies the experience of other victims of enforced disappearances in the country by state security forces.
He said the military should have called the entire Northern Luzon Command and investigate both the military and paramilitary forces that may be involved in these kinds of activities.
"What is problematic in the position of the government is - they're trying to shift the blame on the other side. You cannot shy away from this responsibility by playing a blame game. What you need to do is underscore the fact -- is there such a practice in the field?" he said.
"It's shameful for the Philippine government to say that Melissa's ordeal was staged.. This is so embarrasing not just the to the international community but individually as a nation," Valera said.
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