Daughter of a desaparecido abducted and arbitrarily Detained in Cebu, co-worker brought to Negros Oriental, Central Philippines

UA Case                                 :

Abduction, Illegal Arrest and Detention

Violation of the Rights of Arrested or Detained persons

 

Victim                                     :

JIMMYLISA BADAYOS

36 years old, single 

Member of the Sons and Daughters of Desaparecidos (SAD)

 

CALIXTO VISTAL

38 years old, single

 

Both are employees of EuroForest Products Industries, Inc.

 

Place of Incident                    :

At the gate of the EuroForest Products Industries, Inc., in Mandaue City, Cebu province

 

Date of Incident                     :

October 5, 2012

 

Alleged Perpetrators :

Combined police and military elements of the City Intelligence Branch-Philippine National Police-Cebu City Police Office (CIB-CCPO) led by Chief Inspector Romeo Santander,

And the Military Intelligence Group (MIG) under the Armed Forces of the Philippines Central Command (CentCom)

 

 

Account of the Incident:

 

At about 6 PM of October 5, 2012, Jimmylisa Badayos and Calixto Vistal had just got off from work and was at the gate of the EuroForest Products Industries, Inc. in Mandaue city, when they were seized by armed state agents in civilian clothes.  The two victims struggled and called for help as they were forced inside a waiting vehicle, while the state agents, who did not introduce themselves, warned concerned bystanders not to intervene because they are with the government.

 

Inside the vehicle, Jimmylisa struggled against her abductors, one of whom grabbed her face and squeezed so hard it left marks around her mouth and cheeks. Jimmylisa groped for her shoulder bag, and felt a heavy, metallic object being placed inside it as her abductors pushed her hand away and took her bag.

 

The abductors drove the two victims to Camp Sotero Cabahug in Cebu City, where they were brought to the office of PNP-City Intelligence Branch led by Supt. Romeo Santader.  It was there that the two learned that their abductors were elements of the Military Intelligence Group (MIG) of the Armed Forces of the Philippines and City Intelligence Branch of Cebu City Police Office (CIB-CCPO).

 

Jimmylisa and Calixto were interrogated separately by officers of the MIG and CIB, who claimed that the victims were New People’s Army (NPA) leaders.  The interrogation lasted up to 11 pm.   While still at the CIB, Jimmylisa learned that a TV news crew of GMA7 had arrived.  As she peeked through the door, she saw her interrogator, Maj. Mendroza, her other abductors and CIB police officers presented her shoulder bag and a hand gun before the media.  Jimmylisa grew nervous as she knew she was being framed to possess that gun, while the real contents of her bag – her passport, an ATM card, broadband and Php 2,300 cash – were missing.

 

At 1 pm the next day, Oct. 6, police men fetched Calixto for another round of interrogation, even as Jimmylisa and her relatives protested.  At 2:30 PM, the police men took them to a CIB office to have their photo taken.  Jimmylisa was anxious the whole time, not knowing where she or Calixto will be brought to each time they were fetched.

 

On Oct. 7, news reports quoted CentCom spokesperson Lt. Col. Christopher Tampus as alleging that the two victims were “high-ranking officials of the Komiteng Rehiyon-Central Visayas.” Calixto was labelled as a “commanding officer”, while Jimmylisa was allegedly the “head of the communication and technical bureau.”  Tampus also claimed “their rights were duly respected.”

 

On October 8, at 2:30 AM, 30 heavily-armed soldiers took Calixto from Camp Sotero Cabahug and boarded him into a vehicle.  Meanwhile, that same day, Jimmylisa had to be rushed to the Vicente Sotto Memorial hospital for severe anemia.  As of Oct. 10, she remains confined at the hospital. No charges had been filed against her.   

 

On Oct. 9, Karapatan-Central Visayas learned that Calixto was brought to the nearby island of Negros Oriental, where a court had ordered his arrest for murder charges.  Karapatan-CenVis said that the arrest warrant was released on Oct. 5, the same day the two victims were abducted in Cebu. Calixto is being detained at the Negros Oriental provincial jail in Dumaguete City.

 

Ironically, Jimmylisa and Calixto were abducted almost the same date when Jimmylisa’s father Jimmy Badayos disappeared 22 years ago.  Jimmy, then 34, was abducted Oct. 3, 1990 at their home in Cebu City, by intelligence agents of the Cebu Metropolitan District Command (Metrodiscom).  His wife and two children accompanied him to Camp Sotero Cabahug.  Jimmy, who was suspected to be an NPA leader, was supposedly brought to the Chief of the Intelligence Division, but was never seen again. 

 

On Oct. 8, 1990, the Badayos family petitioned for a writ of habeas corpus, but the Metrodiscom reasoned that Jimmy “escaped” from detention on Oct. 4.  The court accepted the military’s explanation and denied the writ.  The Amnesty International noted that the “escape”, as claimed by the military, happened at a time that the Metrodiscom camp was on red alert and heavily guarded because of reported movements of renegade soldiers in Mindanao.

  

UA Update Date                                :    Oct. 11, 2012

With information from the Amnesty International “Document – UA 411/90 – Philippines: Possible “Disappearance”: Jimmy Badayos”, dated Oct 11, 1990

 

 

Recommended Action:

 

Send letters, emails or fax messages calling for:

  1. The immediate formation of an independent fact-finding and investigation team composed of representatives from human rights groups, the Church, local government, and the Commission on Human Rights that will look into the abduction and illegal arrest and detention of Jimmylisa Badayos and Calixto Vistal.
  2. The military to stop the labeling and targeting of human rights defenders as “members of front organizations of the communists” and “enemies of the state.”
  3. The Philippine Government to withdraw its counterinsurgency program Oplan Bayanihan, which victimizes innocent and unarmed civilians
  4. The Philippine Government to be reminded that it is a signatory to the Universal Declaration of Human Rights and that it is also a party to all the major Human Rights instruments, thus it is bound to observe all of these instruments’ provisions.

You may send your communications to:

 

H.E. Benigno C. Aquino III

President of the Republic

Malacañang Palace,

JP Laurel St., San Miguel

Manila Philippines

Voice: (+632) 564 1451 to 80

Fax: (+632) 742-1641 / 929-3968

E-mail: corres@op.gov.ph / opnet@ops.gov.ph

 

Sec. Teresita Quintos-Deles

Presidential Adviser on the Peace Process

Office of the Presidential Adviser on the Peace Process (OPAPP)

7th Floor Agustin Building I

Emerald Avenue

Pasig City 1605

Voice:+63 (2) 636 0701 to 066

Fax:+63 (2) 638 2216

osec@opapp.gov.ph

 

Ret. Lt. Gen. Voltaire T. Gazmin

Secretary, Department of National Defense

Room 301 DND Building, Camp Emilio Aguinaldo,

E. de los Santos Avenue, Quezon City

Voice:+63(2) 911-9281 / 911-0488

Fax:+63(2) 911 6213

Email: osnd@philonline.com

 

Atty. Leila De Lima

Secretary, Department of Justice

Padre Faura St., Manila

Direct Line 521-8344; 5213721

Trunkline  523-84-81 loc.214

Fax: (+632) 521-1614

Email:  soj@doj.gov.ph

 

Hon.  Loretta Ann P. Rosales

Chairperson, Commission on Human Rights

SAAC Bldg., UP Complex

Commonwealth Avenue

Diliman, Quezon City, Philippines

Voice: (+632) 928-5655, 926-6188

Fax: (+632) 929 0102

Email:   chair.rosales.chr@gmail.comlorettann@gmail.com

 

 

Please send us a copy of your email/mail/fax to the above-named government officials, to our address below.

 

URGENT ACTION Prepared by:

 

KARAPATAN Alliance for the Advancement of People’s Rights

National Office

2/F Erythrina Bldg., #1 Maaralin cor Matatag Sts., B

rgy. Central, Diliman, Quezon City 1100 PHILIPPINES

Voice/Fax: (+632) 435 4146

Email: urgentaction@karapatan.org

Website: www.karapatan.org

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