December 5, 2024 | 2:48pm
MANILA, Philippines — Environmental defenders Jhed Tamano and Jonila Castro filed a formal complaint on Thursday, December 5, against state authorities for violating the Anti-Enforced Disappearances Act and other laws against torture.
Tamano and Castro went missing for over two weeks in September 2023 after allegedly being abducted in Orion, Bataan by armed men. They said they were investigating reclamation projects in Manila Bay the time state authorities purportedly kidnapped them.
In the complaint, the green activists accused the National Security Council (NSC), National Task Force to End Local Communist Armed Conflict (NTF-ELCAC), National Intelligence Coordinating Agency (NICA) and other state agencies of subjecting them to mental and psychological torture — an act defined as torture under the Anti-Torture Act of 2009.
They argued that their ordeal also falls under the Anti-Enforced or Involuntary Disappearance Act of 2012, which penalizes state agents or groups for depriving individuals of liberty through arrests, detention, or abduction carried out under government orders.
Tamano and Castro reported being “subjected to intense and prolonged interrogation, with constant threats of being killed” while blindfolded for an entire day. They also alleged being “deliberately” denied the opportunity to contact their families during their detention.
“The threat abated, but never stopped, after we agreed to be presented in the press conference on September 19, 2023,” the complaint read.
However, during the press conference, Tamano and Castro went off script, revealing their secret detention under military custody for 17 days.
The Army’s 70th Infantry Battalion, their alleged captors, were surprised, saying they were “not aware of the event they’re talking about.”
The environmental defenders said they were coerced to sign affidavits stating that they were communist rebels who surrendered.
RELATED: Green activists say they were abducted by military, deny surrender
Through the complaint, Tamano and Castro urged the Ombudsman to investigate the police officers named as respondents in the complaint, requesting their removal from service and preventive suspension without pay and benefits.
Continued search for justice
Since this complaint is not Tamano and Castro’s first attempt at seeking justice, Karapatan also hopes their persistence will amplify calls for addressing other cases of abduction and enforced disappearances in the country.
“We fully support Jonila and Jhed’s continuing quest for justice and accountability for the ordeal they suffered,” rights group Karapatan secretary general Cristina Palabay said in a statement.
The green activists filed a motion for writs of amparo and habeas data before the Court of Appeals, but was denied on October 29 because their appeal “lacked merit” and was “speculative.”
Requesting a writ of amparo involves seeking legal protection from the Court, asserting that one’s rights to life, liberty and security are under threat.
The writ of habeas data, if granted, provides individuals with access to the personal information authorities have about them and request the deletion of any false or unlawfully collected data for security and privacy reasons.
RELATED: Court of Appeals junks abducted green activists’ appeal for protective privileges
Most dangerous country for green activists
For 11 straight years, watchdog Global Witness reported in September that the Philippines remains to be the deadliest country for land and environmental defenders in Asia.
Their data reveals that 17 of the 25 green activists killed or forcibly disappeared in Asia in 2023 were from the Philippines.
Even more alarming, from 2012 to 2023, at least three out of every five recorded deaths and enforced disappearances in Asia occurred in the Philippines.
RELATED: Philippines still deadliest country in Asia for environmental defenders in 2023 – watchdog
Under the Marcos Jr. administration, Karapatan recorded 14 cases of enforced disappearances from 2022 to 2024.
Other cases include those of Rowena Dasig, Miguel Peniero, Eco Dangla III, Andy Magno, Vladimir Maro, Jak Tiong, and Felix Salaveria Jr. — all of whom are rights activists advocating for the environment, indigenous peoples, and labor workers.
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