I urge you to ensure that the appeals court ensures the promptness
and speedy disposition of the mandatory review of this case. The
appeals court cannot excuse itself from any responsibility for its
failure to promptly review this case the past two years. The change
of leadership and assignments of the appeals court justices should
not hamper its obligations to exercise promptness in adjudicating
cases, in particular case involving capital punishment. I am
extremely disappointed of these excessive delays and the sufferings
the detainees had to endure. Although the Philippines had already
abolished capital punishment, I am disappointed of the harsh
condition these five persons have to suffer further.
Furthermore, I also urge you to ensure that the criminal complaints
against the policemen involved, in particular Police Senior
Superintendents Romulo Sales and Bartolome Baluyot, and several of
their police officers, in torturing and violating the accused’ rights
while in custodial investigation, are filed in court without further
delay. These are policemen who are then members of then “Task Force
Rolly”. I am aware that Police Chief Superintendent Hercules Cataluna
and another policeman, who are among the respondents, have already
died even before they are prosecuted as a result of the delays in the
filing this case in court. I am deeply concerned that the respondents
would have been able to escape from prosecution or cold retire from
their service without being held liable for their acts.
Also, I am extremely disappointed by the manner by which the Office
of the Chief State Prosecutor (OCSP) is handling this complaint. Not
only it earlier dismissed the complaint against the policemen in 21
August 2001 for questionable reasons; one of their prosecutors in
charge in this case also failed complete the preliminary
investigation for nearly five years it is pending before her office.
For a prosecutor’s office failing to promptly act on the complaints,
in particular of torture and violations of human rights, for years is
inexcusable. It is the duty of the justice department to ensure that
complaints against state agents are acted upon which is obviously not
observed in this case. Even the complaint of negligence and
incompetence against the prosecutor responsible for this delay has
also not shown any progress. I urge you to ensure that the
responsible prosecutor is held to account.
Therefore, I urge you to ensure that the complaint against the
policemen involved is immediately acted upon accordingly. Appropriate
criminal and administrative charges must be filed against them, in
particular the allegations of torture and violations of human rights.
To further delay the victims’ complaints and for the prosecutor’s
office not to be able to file the charges in court promptly is
completely unacceptable. This complaint had long been pending for
nearly 11 years and should the filing of this case is not done
immediately is unacceptable. I am appalled by the manner the system
of justice is functioning in the country, in particular the justice
department’s display of negligence and incompetence is handling this
case.
Finally, I urge you to ensure that the five men, in particular Lenido
Lumanog, who is a kidney transplant patient, are afforded with
adequate medical attention and are properly treated inside their
detention center. I am deeply concerned of Lumanog’s health condition
and the possibility of contracting illness due to inadequate
medicines, medical attention and poor jail facilities. I urge you to
use you authority to ensure the well being of these persons by
improving their jail conditions.
I trust that you will take appropriate action in this case.
Yours sincerely,
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