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 said.

“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.

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.

The Bagong Alyansang Makabayan welcomes the positive findings and decisions of the Court of Appeals in relation to the petition for a writ of amparo by our colleague Melissa Roxas.

The CA has correctly pointed out that Melissa was indeed abducted and tortured and that there is no truth to the claims by the Arroyo government that the incident was “stage-managed” or “self-inflicted”. We believe that this is the most important aspect of the decision. This particular finding is a victory for Melissa because it shows that she was telling the truth about her ordeal. It is clear proof that torture does exist in the Philippines under the watch of Gloria Macapagal Arroyo.

Bayan thus welcomes the protection order coming from the Court which covers Melissa and her family here in the Philippines.

We also view as positive the granting of the writ of habeas data for Melissa.
This states that the government and its agents are enjoined from further disseminating videos and other information that allege Melissa as a member of the New People’s Army. The CA correctly pointed out that such dissemination of unverified information violates the right to privacy and endangers the life of Melisa.

Melissa’s lawyer, Atty. Rex Fernandez is still studying the court’s denial of the other relief prayed for by the petitioner.

Bayan, including its chapter in the United States, remains committed to seeking justice for Melissa and other victims of torture and abduction. ###

An emotional Melissa Roxas, the Filipino-American activist abducted and tortured by suspected state agents, returned to the Philippines last night. In a press conference at the airport she said that she was returning to pursue her case, not just for herself but for other victims of human rights abuses.

Roxas shed tears and was overcome with emotion upon entering the arrival area of the airport. She was accompanied by a 10-person delegation from the California-Nevada Conference of the United Methodist Church who are also in the Philippines for a human rights fact finding mission.

She was met by a delegation led by the chairman of the Commission on Human Rights Leila de Lima and the Chair of the House Committee on Human Rights Rep. Erin Tanada. Also present were Karapatan Secretary General Marie Enriquez, Bagong Alyansang Makabayan Renato Reyes, Jr. and partylist representatives Satur Ocampo, Liza Maza, Rafael Mariano, Luz Ilagan and Raymond Palatino. Mrs. Editha Burgos of the group Desaparecidos and Fr. Rex Reyes of the National Council of Churches of the Philippines was also at the airport to welcome Roxas.

Bayan said that Roxas was briefly able to answer questions from the media before she was taken under the protective custody of the Commission on Human Rights.

Roxas is set to testify before the Commission on Human Rights on July 23. She will also appear before the Court of Appeals on July 30 for her petition for a writ of amparo. She is the first known case of an American citizen abducted and tortured under the Arroyo regime.

The US chapter of the Bagong Alyansang Makabayan is readying protest actions addressed to the US government to withdraw aid for the Arroyo government in light of the human rights abuses. On July 30, Arroyo is set to meet with US president Barack Obama. ###

The umbrella group Bagong Alyansang Makabayan (Bayan) today welcomed news from the Commission on Human Rights that Filipino American activist Melissa Roxas is set to return to the Philippines.

Roxas, a member of Bayan USA, was abducted last May 19 along with two other volunteers in La Paz, Tarlac. She recounts that during her captivity, she was blindfolded, handcuffed and tortured. She was later surfaced on May 25. She has filed a petition for a writ of amparo before the Court of Appeals.

“Roxas’ return shows a serious intent to pursue her case. She is determined to seek justice for the human rights abuses committed against her and her companions Juanito Carabeo and John Edward Handoc. She will face head on the denials made by the Armed Forces of the Philippines,” said Bayan secretary general Renato M. Reyes, Jr.

“We hail her courage in returning to the Philippines. Her determination to prove that she was abducted and tortured should put to rest claims by the military that the whole thing was fabricated,” Reyes added.

Roxas will arrive in the country on July 20 accompanied by the California-Nevada Conference of the United Methodist Church from the US. The church delegation is in the country for a human rights fact-finding mission. This is the same church group that campaigned against extrajudicial killings and lobbied the US Senate in 2007.

The Court of Appeals has set a hearing for Roxas’ writ of amparo on July 30. Roxas was required by the court to appear otherwise her case would be archived. Roxas went to the US after her release to reunite with her family and to recover from the trauma she suffered from her ordeal.

This is also the same day President Gloria Macapagal Arroyo is set to meet US president Barack Obama.

The Officeof the Solicitor General and the Armed Forces of the Philippines have gone on to say that the abduction never took place or that it was “stage-managed” to embarras the government.

“Melissa would be the best person to refute the lies of the Arroyo government. Her testimony wil be important, especially now that killings and abductions are on the rise again just a year before the elections. Despite domestic and international criticism, the killings and disappearances continue,” Reyes said.

“Her testimony should also send a warning to the US government that its unqualified support for the Arroyo government has resulted in human rights violations, including one involving an American citizen,” he added. ###

The umbrella group Bagong Alyansang Makabayan doubts the Malacanang probe into the abduction of Filipino-American activist Melissa Roxas will lead anywhere. Executive Secretary Eduardo Ermita recently ordered the Department of Defense to investigate the abduction.

“It’s a sham. The Palace is likely reeling from intense public criticism of its human rights record, especially now that the victim is an American citizen. The probe is intended to show that the Arroyo government is doing something,” said Bayan secretary general Renato M. Reyes, Jr.

“The truth is, Malacanang, the Armed Forces of the Philippines and the Office of the Solicitor General all deny the abduction took place. They are all saying that the incident was stage-managed or fabricated,” Reyes said.

Bayan cited the May 27 statement from the Presidential Commission on Human Rights chaired by Executive Secretary Eduardo Ermita saying that the abduction of Roxas was a fabrication and that there were no police reports on the matter. The PHRC statement completely ignored a report by the La Paz police in Tarlac that three people were abducted on May 19.

Bayan also cited the persistent line of the AFP and the Sol-Gen saying that the abduction was stage-managed to embarrass the Arroyo government. A lawyer from the Sol-Gen, Bernardo Villar, affirmed this during the hearing of the Court of Appeals last June 29. Villar even went on to say that the emotional Roxas’ Los Angeles press con was all drama because “she came from an arts group and that was probably part of her training.”

“How can there be a credible probe called by Malacanang when all these officials keep denying that the abduction and torture took place. Ermita, the AFP and the Solicitor General have all prejudged Roxas because they were desperately trying to repair their already tarnished image. The Arroyo government doesn’t care about human rights,” Reyes said.

Bayan said that an independent probe by the Commission on Human Rights and the House and Senate Human Rights Committee may be more credible than the Malacanang probe. The CHR is chaired by lawyer Leila de Lima, who recently toured Fort Magsaysay in Nueva Ecija, the suspected location where Roxas was believed to have been held for six days. The House Human Rights committee is chaired by Rep. Erin Tanada who recently spoke with Roxas in the US. The Senate Human Rights Committee is chaired by Sen. Francis Escudero.

Bayan called on Defense Secretary Gilbert Teodoro to order the AFP to shut up and stop claiming that the abduction was a fabrication. “How can Secretary Teodoro claim to have an impartial investigation when the AFP spokesman Lt. Col. Brawner and other officials keeps spinning the lie that the abduction was stage-managed. Teodoro should at least order Brawner to shut up while the so-called DND probe is ongoing,” Reyes said.

“The DND under Teodoro has not undertaken any satisfactory and credible investigation on any human rights issue. We will not be surprised if the AFP is exonerated from the abduction of Roxas,” he added.

Reyes said that the Office of the Solicitor General’s Bernardo Villar should also be sacked for his uncalled for remarks against Roxas and for his insistence that the abduction was stage-managed. ###

The umbrella group Bagong Alyansang Makabayan and the human rights group Karapatan believe that there is sufficient evidence to point out the military’s involvement in the abduction of Filipino-American activist and Bayan USA member Melissa Roxas and her two Filipino companions Juanito Carabeo and John Edward Handoc. Roxas and company were abducted by bonnet-wearing armed men last May 19. She was surfaced on May 25 after news broke out that she had been abducted.

The Court of Appeals’ Special Division 16 under Judge Noel Tijam set a hearing today on Roxas petition for a writ of amparo and writ of habeas data. Roxas is represented in the amparo petition by human rights lawyer Rex Fernandez.

“Roxas has a detailed accounting of what happened during her detention in what we believe to be was a military camp. She also retained the handcuffs and blindfold that were used on her,” said Bayan secretary general Renato M. Reyes, Jr.

“A plain denial of the incident by the Arroyo government is not acceptable. To this day we have not heard anything from the Arroyo administration, from the Department of Defense or from the Armed Forces of the Philippines regarding their so-called investigations into the abduction. The Ermita-led Presidential Commission on Human Rights had gone on to say that the abduction was a fabrication designed to embarrass the government,” Reyes added.

Marie Enriquez, secretary general of Karapatan said that Roxas is in the United States and recovering from the trauma caused by her abduction and torture. She will be joining US-based groups in campaigning for justice on her case.

“In time, we hope Melissa can personally speak on the matter. The amparo case remains important since Melissa hopes to one day return to the Philippines. It is also important that those who abducted her are identified and eventually made accountable,” Enriquez said.

Roxas and Bayan-USA, the US-based Katarungan and the National Alliance on Filipino Concerns (Nafcon) are consulting with US lawyers on the possibility of filing a case in a US court or in treaty bodies of the United Nations.

“All means of making the perpetrators accountable are being explored right now. This is going to be a long fight. So long as Mrs. Arroyo remains in power, her government will do everything to cover up the incident and avoid any criminal liability,” Reyes said.

A protest action is set on June 26 to mark the United Nations Day Against Torture to highlight the case of Roxas and other torture victims in the Philippines. A counterpart protest in the US is also being readied. ###

Now it can be told.

Abducted Filipino-American activist Melissa Roxas, who was forcibly taken by armed men in La Paz, Tarlac last May 19 and surfaced six days later, was subjected to physical and mental torture during her captivity. She now seeks the protection of the Supreme Court for herself and her relatives here in the Philippines.

Roxas is a member of BAYAN-USA , the overseas chapter of the Bagong Alyansang Makabayan. She arrived in Los Angeles, California Monday morning June 1, Philippine time, to be reunited with her family. She has not faced the media or issued any statement since her release because of the trauma left by her abduction.

Based on her petition for a Writ of Amparo and based on her sworn testimony, Roxas was held for six days blindfolded and in handcuffs in an area suspected of being a military camp in Nueva Ecija, possibly Fort Magsaysay, headquarters of the 7th Infantry Division. It is a short distance from La Paz, Tarlac where she was abducted. During her captivity, Roxas said she heard radio communications where people were addressed as “Sir”. She also heard what she believed to be was a firing range as well as the sounds of aircraft.

Respondents in the petition for a writ of Amparo include President Gloria Macapagal Arroyo, Defense Secretary Gilbert Teodoro, AFP Chief of Staff Victor Ibrado, Philippine National Police chief P/Dir. Gen. Jesus Verzosa and Lt. Gen. Delfin Bangit, commanding general of the Philippine Army.

During the time of detention, Roxas was denied counsel, subjected to torture via asphyxiation using a plastic bag and was hit repeatedly by her interrogators. She was forced to admit that she was a member of the New People’s Army and was asked to return to the fold of law.

Roxas was dropped off in front of her house around 6:30am on May 25. Her captors left her with a SIM card and phone as well as the handcuffs they used on her. One of her interrogators even called her on the phone after she was dropped off.

“There is credible basis to say that Melissa was abducted by the military as part of the government’s counter-insurgency operations. The abduction and torture were clear violations of her rights. It is despicable and those involved must be made accountable,” said Bayan secretary general Renato M. Reyes, Jr.

“The Arroyo government must now address this issue. For the past few days, it has systematically attempted to cover up the incident. The Ermita-led Presidential Commission on Human Rights has called the abduction a ‘fabrication’ by Bayan and Karapatan. Defense secretary and presidential aspirant Gilbert Teodoro has not conducted any investigation in the military’s involvement,” Reyes said.

Bayan said that the matter has also been brought to the attention of the United States government through its embassy in Manila.

“We cannot just let this incident pass. We do not raise these issues simply because we want to discredit the government, as the PHRC alleges. We raise these issues because we want an end to these abductions, torture and other extra-legal activities being undertaken by state security forces,” Reyes said.

“We demand that the incident be investigated and that the PHRC withdraw its earlier statements that the incident was a fabrication,” he added. ####

The Bagong Alyansang Makabayan condemned in the strongest terms the statement coming from the Philippine government and its Presidential Human Rights Commission on the circumstances of the abduction and eventually surfacing of Filipino-American activist Melissa Roxas and her companions Juanito Carabeo and John Edward Handoc.

“The PHRC has shown utter incompetence once more when it says that there are no police reports regarding the abduction of the three. This is a lie,” said Bayan secretary general Renato M. Reyes , Jr.

The group said that as of May 20, 2009, the La Paz police through its police chief, Police Chief Inspector Ronald R. Fernandez signed and filed a special report addressed to Tarlac Provincial Director Police S/Supt Rudy Lacadin based in Camp Makabulos. The initial police investigation was spurned by the May 19 report of the homeowner where Roxas and company were abducted and by the report of the baranggay captain of the area where the three were taken.

“We received a copy of Police C/Insp. Fernandez’ report last May 24, from a Karapatan Central Luzon official who personally talked to the La Paz police and was given the report,” Reyes said.

Tarlac provincial director S/Supt. Lacadin, eventually confirmed the incident to the Police Anti-Crime and Emergency Response headed by Police S/Supt. Leonardo Arias Espina. Further proof is that the PACER has contacted Karapatan to formally inquire about the abduction.

Bayan said that it was the La Paz police report, based on their initial investigation, which revealed that Roxas and company were forcibly taken by at least eight armed men, wearing bonnets and riding a van last May 19 in Sitio Bagong Sikat, Bgy. Kapanikian, La Paz, Tarlac.

“It is ridiculous that the PHRC claims that no such report of an abduction was ever filed. It’s obvious that the PHRC did not conduct its own investigation. It seems that it merely relied on word of non-governmental organizations like FIND and AFAD. That the PHRC did not conduct its own probe shows the very little regard it has for the plight of the abducted activists,” Reyes said.

“What is even more outrageous is that despite not conducting its own thorough investigation, despite existing police reports, the PHRC is now forwarding the theory that the three abducted activists were held by the New People’s Army. What is the PHRC’s basis for saying this? What shred of evidence to they have?” the Bayan leader asked.

Bayan believes that as in previous cases of disappearances, the Arroyo government is quick to absolve the military from any involvement and shifts the blame to other entities like the NPA. This theory lacks any credibility even with the international community, the group said.

“There are credible indications that the three were abducted by elements of the military and were taken possibly to a military camp before their eventual release. There is an ongoing investigation as to the circumstances of the abduction. Right now, the organizations and the families of the victims are focused on looking after the recovery and well-being of the three,” Reyes said.

“The PHRC, by prejudging the incident as a mere propaganda tool by Bayan and Karapatan, shows that it has really no intention of uncovering the truth behind the abduction of Roxas and company. The Philippine government is more interested in saving face. From their statements, it is clear that the Arroyo government is gearing for another cover up, first by trying to downplay the incident and next, by blaming it on the NPA,” he added.

Bayan believes that in time, the truth will come out. “And when it does, no amount of official cover up can suppress it,” Reyes said. ###

While happy that Filipino-American activist Melissa Roxas was surfaced yesterday morning, the Bagong Alyansang Makabayan said that the search for her companions Juanito Carabeo and John Edward Handoc continues.

“It is regrettable that military and the police are either clueless or in a state of denial over the abductions of Roxas, Carabeo and Handoc. We are demanding the immediate surfacing of Carabeo and Handoc and an end to the pattern of enforced disappearances happening under the Arroyo regime. We call on Gloria Macapagal Arroyo herself to address the issue of the abduction of the three activists,” said Bayan secretary general Renato M. Reyes, Jr.

“The military in Tarlac claims that no such abduction took place. Are they not aware of a formal report filed by the La Paz police? We are again seeing the start of a wave of denial from the military. It is very unlikely that the military does not know the incident. They may be trying to cover up something,” Reyes said.

The three were abducted last May 19 in La Paz, Tarlac by at least eight armed men wearing bonnets and on board two motorcycles and a Besta van. The account came from the report of the La Paz police after receiving a complaint from witnesses in the abduction.

Roxas was surfaced after six days of being disappeared. The circumstances regarding her release are still unknown.

“We are holding the Arroyo government responsible for the abduction or Roxas and the continued disappearnce of Carabeo and Handoc. The manner of abduction has all the trademarks of a mliitary operation,” Reyes said.
Bayan’s chapter in the US has undertaken a campaign to release Roxas, Carabeo and Handoc.

“The abductors of Carabeo and Handoc must respect their rights. No harm must come to them. Too many have been abucted under this regime, some tortured, others never seen again. And since no one has been punished, there is now impunity,” Reyes said.

“What is needed now is to exert more pressure on the Arroyo regime to do everythin to surface the two abducted activists. We also hope that the United States government would stop supporting the Arroyo regime now that an American citizen has been a victim of abduction by suspected state security forces,” he added. ###