CASE UPDATE

PNP Communication sheds light to an EJK case in Sarangani

The Philippine National Police responded to the urgent appeal posted by Asian Human Rights Commission (AHRC) to them based on the documentation of Task Force Detainees of the Philippines (TFDP). The communication dated January 30 2013 gave an update to the case. 

The case is about the extrajudicial killing of Sumar Abdulwahab.

Sumar Abdulwahab, a Purok Chairman in Barangay Daliao Maasim, Sarangani Province was arrested by members of the National Bureau of Investigation on June 3, 2010 at 2:30 in the afternoon.

According to witnesses, Abdulwahab was sitting in his post in the Barangay Defense Force (PDF) when members of the NBI showed the victim a warrant of arrest before he was taken and handcuffed.

On June 4, according to Johaniya, Abdulwahab’s sister, she went to the office of the NBI in Lagao, General Santos City, together with their barangay kagawad. They were told that they can visit the victim the following day and that they should bring some belongings for Abdulwahab.

The next day, at around 3:00 PM, they were not permitted to enter the office of the NBI. They were only told that Abdulwahab broke the window of his detention cell and escaped.

The family was not convinced that Abdulwahab escaped especially when they were issued by the NBI a certification turning over his belongings that were allegedly left by the victim. The certification also stated that his arrest was virtue of a warrant for Murder, Multiple Frustrated Murder and Multiple Attempted Murder docketed under criminal case 551-2007/552-2007 for a Sumar Abdulwahab alias Aman Kabalu but had escaped detention between 11:00-11:30 PM on June 3, 2010.

On June 8, 2010, Abdulwahab’s family heard through the radio news that a man was found inside a drum by some scavenger in Malalag, Davao del Sur (a place far from their town). The family immediately went to the funeral parlor, and saw the dead body of Abdulwahab.

According to the funeral parlor personnel, the body was cemented, the hands of the victim were tied with a nylon wire, and he was wrapped in a laminated sack. They were also told that all of Abdulwahab’s teeth were extracted.

Abdulwahab was identified because of a picture of his child that he kept in his pocket.

In the post mortem report, it indicated that the victim had skull fracture and they had found a 5.2 centimeter wound at the back of his ear. The victim also had contusion at the right cheek.

On September 3, 2010, the AHRC published the appeal and forwarded their questions to the government and their other networks.

AHRC asked the NBI about the circumstances that could have led to Abdulwahab’s suspicious death. They questioned the NBI how come they brought the victim, who was a murder suspect in their office (which is basically a residential house) rather than in a proper detention facility.

The group said that by maintaining these types of de facto detention facilities, there is no assurance of security and safety both for the arrested and the officers detaining him.

They also questioned the NBI’s refusal to allow the victim’s sister to visit and have free access to the victim which is a breach of section 4 (b, 11) of the Anti-Torture Act of 2009 (RA 9745) and Section 4 (b) the Rights of Person Arrested Detained or under custodial investigation (RA 7438).

In the response sent by the PNP signed by Police Director General Alan Purisima, it said that a case of Murder has been filed against the NBI Sarangani District Office  (SARDO) personnel in General Santos City Prosecutor’s office.  It also mentioned that a certain Mr. Edwin Rosal, a former confidential agent of NBI-SARDO had testified to the police regarding his knowledge about the killing. According to the communication, Mr, Rosal said that the arrest of Abdul was a case of mistaken identity after the NBI agents mistook him for Aman Kabalo, the real murder suspect and that the police believed the mistake could have prompted the NBI agents to kill the victim. The informant also allegedly supplied the identities of the agents involved in the murder.