MANILA, Philippines—The Commission on Human Rights (CHR) practically cleared the Armed Forces of the Philippines for the 2009 abduction and torture of Bayan activist Melissa Roxas and added that there were “strong indications” that it was done by the communist New People’s Army (NPA).
The CHR resolution, which was signed by CHR chairman Ma. Loretta Ann Rosales last Feb. 14, said there was not enough evidence to lay the blame for Roxas’ illegal detention and maltreatment at the military’s doorstep.
The 26-page report also noted that the investigation into the Roxas case also revealed that the communist guerilla group might be behind the kidnapping of the Filipino-American activist.
The CHR report was slammed by the left-wing Bagong Alyansang Makabayan (Bayan), which described it as a “great injustice” to Roxas, a member of Bayan USA. The group also noted that the CHR report perpetuated the AFP’s “alibi” that human rights violations against leftists were the handiwork of the rebel group.
Roxas was kidnapped along with John Edward Jandoc and Juanito Carabeo in La Paz, Tarlac on May 19, 2009, while conducting “immersion work” in the province.
Roxas said, masked, armed and unidentified men barged into the house where they were staying and forced them out. In her affidavits and court testimony, Roxas said she was held in a military camp and was subjected to physical and psychological torture on allegations that she was a member of the NPA, the armed wing of the Communist Party of the Philippines (CPP).
Questioned and tortured
Roxas also testified that she was beaten up and that her abductors, whom she believed were military personnel due to their uniforms and line of questioning, tried to suffocate her and threatened to kill her. She was also forced to confess to being an NPA member and was made to promise to reform.
Before she was released six days later, Roxas said she was warned that she and her family in Manila would be hurt if she failed to follow their instructions.
In investigating Roxas’ case, the CHR said it interviewed the complainant, civilian witnesses and military officials. It also made several trips to La Paz, Tarlac and places where Roxas and her companions could have been held captive.
In its resolution, the CHR said there was “insufficient evidence” that the AFP was behind Roxas’ abduction and maltreatment that included intimidation, physical blows, sleep deprivation and threats to her life.
Although the CHR recognized that Roxas was kidnapped and suffered physical and mental maltreatment at the hands of unknown persons, it could not be classified as “torture” as it was not proven to be inflicted by state actors, the findings said.
The CHR also noted that Roxas was mistaken in her assertion that she was brought to Fort Magsaysay in Nueva Ecija as her description of her place of detention was inconsistent with the actual place when visited by CHR probers.
The rights agency further noted that there was a possibility that the NPA, which is waging a Maoist insurgency against the Philippine government for four decades, was involved in the crime.
“The CHR received information that indicate the possibility that members of the NPA committed the kidnapping, and other human rights violations against Roxas, et al. These sources have been found to be credible,” the rights agency said.
The CHR also recommended that Roxas’ case be forwarded to the National Bureau of Investigation to determine the real perpetrators of the crime.