Police torture video affirms police
stations are 'torture chambers'
A Statement by the
Asian Human Rights Commission
August 19, 2010
On August 17, a
national television ABS CBN broadcast the graphic video of a man being
tortured by a policeman inside a police station in Tondo, Metro
Manila. In the video, the torture victim, whom reports said had been
arrested for theft, had his penis pulled by a string tied around it as
he was lying on the floor naked. He was beaten every time he folded
his body as he tried to reach his genitals in pain. The torture took
place in front of several policemen who are also attached to the same
police station.
It was the brave act
of the informant, whose identity was kept confidential, that made this
video widely known to the public possible. It exposed the state of
policing in the Philippines. The video is perhaps shocking for others
but what is more shocking is that it is by no means the only one of
this type. It is however, the first such video to be made public. As
the informant had told the television reporter: these incidents
increase if there is an increase in robbery incidents (in the
community); and the (police) make sure nobody sees it. It explains the
wrong attitude of the police on 'crime prevention'.
In this video, the
policeman who tortured the victim, Senior Inspector Joselito Binayug,
is not an ordinary officer. He is the chief of the said police
station; and his subordinates were watching him as he was torturing
the victim. When he told the victim: "dito bawal ang snatcher
(snatchers are prohibited here) ", he was telling him that anyone who
commits crimes in his area of responsibility would suffer the same
fate. That is what Sr. Insp. Binayug and his subordinates, who did
nothing to stop him from torturing the victim, understand of
investigation and policing in reality.
To instil fear by
demonstrating unthinkable pain and humiliation them remains, for them,
the practical and cost-efficient method of investigation. The police
took offence at suspected criminals who commit crimes and get away
unpunished in their area that is why they deal with them in this
manner once they catch them. This is not an isolated case, contrary to
what the police establishment would want to tell the public in their
defence. This is rather an unwritten policy that is heavily embedded
and well-practiced in the minds of the police in investigating and
preventing crimes.
When Police Director
Leocadio Santiago, of the National Capital Region Police Office (NCRPO),
made comments on the torture video, he said: "I've gone through
physical interrogation before. I've conducted it but not to the extent
that it would be sadistic, there are boundaries and parameters". His
comments had no pretence at all that the policemen, including him, do
harm their arrestees; and that this practice is acceptable to a
certain extent only the police would know. The notion of the absolute
prohibition of torture does exist not in their minds. This type of
mentality is deeply embedded and shared largely by the police and the
military.
While this video is
now widely known many of these incidents go unreported. The majority
of the Filipino people's reaction was disbelief, some would say: "this
can't be", also illustrates their denial and difficulty of coming to
terms as to how cruel their policemen could become. In a largely
religious country, there is supposedly a certain level of behaviour
and morals of people in civilized society; however, this incident
shatters the people's conservative thought. Only when the people come
to terms with this and try to understand the fundamental reasons
behind it will the discussion on police torture in the country be
substantial. There must be an acceptance first that in the country's
supposed civilized society this has s ince been happening. The
Filipinos and the outside world have seen how cruel and barbaric the
policemen could become.
This case is neither
indiscriminate nor isolated, but rather targeted and systematic
practice as methods of investigation and crime prevention by the law
enforcement agencies and the security forces. The Asian Human Rights
Commission (AHRC) has documented numerous cases of torture that took
place inside police station and military camps. This incident also
illustrates that torture is also used against ordinary people, not
necessarily for political reasons, who often had no connections and
influence in the society. They are people whom the police and the
military would thought either incapable of or would not challenge
their authority.
The AHRC further urges
the concerned government agencies, in particular the Commission on
Human Rights (CHR) and the Department of Justice (DoJ), to determine
the plight of the torture victim in the video, in addition to having
the policemen involved investigated. The investigation, as required by
the Anti-Torture Act of 2009, must also be completed immediately. The
CHR and the DoJ should also ensure that the informant should be
afforded with necessary protection should he decide to stand as
witness in the investigation and prosecution of the case. However,
regardless of whether the victim wishes to testify, there is
sufficient evidence in the video to charge and convict the police
officers involved.