Dennis Gaviola

Jonila Castro and Jhed Tamano, the two missing environmental activists, arrive at the Commission on Human Rights headquarters in Quezon City on September 19, 2023. The two were escorted by the local government from Bulacan and  officially turned over to the CHR after being reported missing on September 2, 2023. Maria Tan, ABS-CBN News

Article (news)

Paige Javier

ABS-CBN News

QUEZON CITY — Environmentalists Jhed Tamano and Jonila Castro on Thursday filed a complaint against state agents before the Office of the Ombudsman over their alleged abduction by the military in Bataan last September 2023. The complaint is for violation of Republic Act No. 10353 or the Anti-Enforced or Involuntary Disappearance Act of 2012, Republic Act No. 9745 or the Anti-Torture Act of 2009, Republic Act No. 74388 or the Rights of Persons Arrested, Detained or under Custodial Investigation; as well as arbitrary detention and grave coercion under the Revised Penal Code.In the 22-page complaint, Tamano and Castro asked the Ombudsman to preventively suspend without pay the respondents pending investigation.The two also filed administrative charges for grave misconduct, grave abuse of authority, oppression and conduct prejudicial to the best interest of the service.Tamano and Castro, likewise, prayed for the removal of the respondents from service.Among those named in the complaint are National Security Council Assistant Director General Jonathan Malaya, 70th Infantry Brigade Commander Lt. Col. Ronnel Dela Cruz,  other members of the Philippine Army, National Task Force to End Local Communist Armed Conflict (NTF-ELCAC), Philippine National Police and several others.“We demand accountability from those responsible and the dismissal of baseless charges against us. This is not just a fight for the two of us but for all environmental and human rights defenders in the Philippines,” Castro said in a statement.The environmentalists alleged they were subjected to torture during the period of their captivity, which falls under Section 4 (b) (1) of the Anti-Torture Act.They also argued their ordeal is covered by the Anti-Enforced or Involuntary Disappearance Act, which penalizes state agents or persons acting with authorization of the state for depriving individuals of liberty through arrest, detention or abduction.&quot;We were unlawfully arrested/abducted by soldiers from the 70th Infantry Battalion with complicity of the NTF- ELCAC. Since we were effectively deprived of our liberty, our abductors, as soldiers and government agents, were duty bound to either immediately release us or file the appropriate charges against us. But they did not do so. Instead, they held us in custody for a period of seventeen (17) days without charges,&quot; the complaint stated.&quot;We were blindfolded continuously for a period of one day. Under such condition, we were subjected to intense interrogation and constant threats to be killed. During the intense interrogation, the respondents repeatedly threatened us, and our families, with bodily harm. The threat abated, but never stopped after we agreed to be presented in the press conference on September 19,&quot; it further read.<div><a href="https://www.abs-cbn.com/spotlight/11/07/23/environmental-activists-bare-ordeal-with-supposed-captors">&#x27;Pagtatabihin namin kayo sa isang hukay&#x27;: Environmental activists bare ordeal with supposed captors</a></div>During the press conference, authorities claimed Tamano and Castro surrendered to the Army&#x27;s 70th Infantry Battalion in Bulacan province.The NTF-ELCAC also said the two signed affidavits and that they voluntarily left &quot;the communist movement.&quot;In the same press conference, the environmentalists claimed they were abducted and coerced into signing affidavits.<div><a href="https://www.abs-cbn.com/news/09/19/23/surrendered-activists-say-they-were-abducted">&#x27;Surrendered&#x27; activists say they were abducted, reject coerced affidavits</a></div>Dela Cruz, among the respondents, said they knew nothing of the alleged abduction.The NTF-ELCAC said they would stand by with what the military reported.<div><a href="https://www.abs-cbn.com/news/01/29/24/doj-junks-militarys-perjury-raps-vs-activists">DOJ junks military&#x27;s perjury raps vs activists</a></div>Activists and environmental groups earlier said the two were taken while conducting research on Manila Bay reclamation in Orion, Bataan.Groups from various sectors including Karapatan, Hands Off Jhed and Jonila Network, and Kalikasan People’s Network for the Environment conducted a solidarity protest outside the Office of the Ombudsman.They called for accountability of military, police, and NTF-ELCAC officials.Karapatan backed Tamano and Castro&#x27;s move to file the complaint.“We fully support Jonila and Jhed’s continuing quest for justice and accountability for the ordeal they suffered. We also hope their action draws attention to the other cases of abductions and enforced disappearance in the country and the culture of impunity that has been shielding perpetrators of this heinous crime,&quot; Karapatan secretary general Cristina Palabay said in a statement.Karapatan said it has documented 14 cases of enforced disappearance under the first two years of President Ferdinand Marcos Jr. and 21 under the administration of former President Rodrigo Duterte.Tamano and Castro earlier filed a motion for the issuance of the Writ of Amparo and Writ of Habeas Data.In August, the Court of Appeals denied the petition saying they failed to prove the existence of an imminent or continuing threat.The CA reaffirmed its decision in October, denying the appeal of Tamano and Castro.<div><a href="https://www.abs-cbn.com/news/2024/8/13/environmentalists-appeal-cas-denial-of-protection-orders-2029">Environmentalists appeal CA&#x27;s denial of protection orders</a></div>

Environmentalists Jhed Tamano and Jonila Castro on Thursday filed a complaint against state agents before the Office of the Ombudsman over their alleged abduction by the military in Bataan last September 2023.

Environmentalists Jhed Tamano and Jonila Castro on Thursday filed a complaint against state agents before the Office of the Ombudsman over their alleged abduction by the military in Bataan last September 2023.

Environmentalists file complaint over alleged abduction

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Environmentalists file complaint over alleged abduction

Paige Javier,

ABS-CBN News

Published December 05, 2024 07:11 PM PHT

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Jhed Tamano

Jonila Castro

environmentalists

Ombudsman

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