Soldier, 3 others relieved as video of abuse becomes viral
THE 10th Infantry Division ordered to relieve a soldier and three militiamen who reportedly tortured a Tagakaulo famer in Barangay Demoloc in Malita, Davao Occidental last Feb. 19.
The Philippines is a signatory to the United Nations Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. As a signatory to this treaty, the state has the duty to respect and implement this covenant.
Capt. Rhyan Batchar, spokesperson of 10th Infantry Division, said they were shocked and saddened by the actions of their soldier and SCAAs perpetrated against Mr. Orlando ‘Kaido’ Engo, 52, and his two grandsons as shown in a Facebook post.
In a facebook post yesterday afternoon, Batchar said: “Pursuant to Articles of War 70, Cpl Sandy Batolbatol and four SCAAs who are possibly involved in the said incident are now placed under arrest by the Commander of 72nd Infantry Battalion at their headquarters at Camp Gen Manuel T Yan Sr, Barangay Tuboran, Mawab, Compostela Valley Province. They shall be restricted to barracks to insure their appearance while the investigation is on-going.
“As of now, the names of the four SCAAs are being withheld until the investigation has clearly established their involvement in said incident. Due process of law shall be strictly observed in the investigation and when evidence warrants, they will be prosecuted with the full force of military justice, including trial by Courts-Martial. The soldier and the CAAs are subject to military laws.
“The command further reiterates that the investigation will not prejudice any investigation that maybe conducted by other agencies and shall make available the soldier and CAAs for such investigation.”
Spokesperson of Bayan-SMR Sheena Duazo said they condemn the violation perpetrated by the soldier and militiamen to the farmer whom they accused of being the mastermind in robbing a small store. She said that it was a clear violation of the law and they deserved to be punished for what they did to a civilian in the community.
Bayan was one of the first organizations informed of the incident.
Batchar said ““we are further enraged by their acts as described by Father Joey Gánio Evangelista, MJ of Malita Tagakaulo Mission in the said post.”
The division has directed the commander of the 72nd Infantry Battalion to relieve Sgt. Sandy Batolbatol and the three militiamen from their detachment in Barangay Demoloc.
Maj. Gen. Rafael Valencia, division commander, also ordered to the soldier to custody pending the investigation to determine the appropriate punishment.
The internal investigation, he said, will not prejudice any other probe that other agencies might conduct.
“We want to assure everyone that the 10ID does not and will not condone or tolerate any abusive behavior of our troops including the Cafgu Active Auxiliaries, especially violations of people’s rights,”Batchar said.
“We therefore urge everyone to report abuses committed by our soldiers and CAAs,”he added. “Rest assured that we shall promptly and appropriately act on these reports.”
In the MindaNews report, Orlando was falsely accused of sending his 14-year-old grandson, Ian, to steal from a store in Sitio Matamis.
Fetched by the father of the store owner and three SCAA militiamen at his house on the morning of that day, Kaido proceeded to the barangay hall but was brought directly instead to the SCAA detachment where Batolbatol was waiting for him.
Kaido’s son and Ian were also at the detachment. Batolbatol accused Kaido of masterminding the theft in Matamis.
When Kaido denied the accusation the sergeant started beating the frail-framed Kaido with a piece of wood hitting his behind.
After hitting him 10 times, Batolbatol ordered Ian to beat up his grandfather; the boy complied.
Later, it was the turn of the SCAA militiamen.
They hit Kaido on the head with a piece of wood. They repeatedly hit him with their fists on his side, on the chest and stomach.
Not satisfied with beating up Kaido, the militiamen placed ice under both his armpits, in his trousers by his bottoms and his groin. They then poured ice cold water on his whole body .
Unable to take anymore, Kaido agreed to sign a document admitting to having sent his grandson to steal from the store. He was released soon after that.
On the evening of that same day, Kaido, together with his daughter-in-law, proceeded to Malita to file a police report as well as have himself examined by a doctor.
According to the doctor’s report, Kaido had a 5cm laceration on his head, “contusion hematoma anterior chest, swelling hematoma at left wrist, and hematoma at buttocks area.”
Kaido has asked the help of the Mission.
At the Barangay hearing on Wednesday, Batolbatol offered Kaido P50,000 and his old motorcycle; the barangay officials at the hearing were allegedly pressuring Kaido to accept.
Kaido refused the offer saying he wanted the case settled in court.
This could be a test case for the AFP in ensuring that their soldiers follow the law and do not resort to human rights violations such as the use of torture and other acts that strip civilians of their humanity.
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