In waiting, there is hope: Missing in Maguindanao

Archad R. Ayao

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A young boy and his father go missing while plowing farmlands. Advocates fear they are victims of enforced disappearance.

The story is based on the author’s interview with a woman who says her husband and son are victims of enforced disappearances in Maguindanao. All information has been verified and based on the affidavits of both the petitioner and respondents: 

The 14-year-old boy bid goodbye and flashed the sweetest smile to his mother, Noraisa.* He was excited to be with his father, so off he went to the farmlands of Shariff Aguak. 

In the late afternoon of July 4, I learned of this tragedy from a local non-governmental organization: The 14 year-old boy and his 42-year-old father disappeared. They were victims of involuntary disappearance. 

The two were residents of Shariff Saydona Mustapha. They were displaced from Shariff Saydona Mustapha, then decided to live in Barangay Dapiawan of Datu Saudi Ampatuan municipality. 

They were plowing their farmlands in Shariff Aguak before they disappeared. According to witnesses, the boy and his father were last seen in the national highway in Datu Unsay —near the detachment camp of an army company — in July 3, 2014. 

They were stopped by a soldier from the said battalion, an eyewitness said. According to the NGOs we spoke to, the military suspects the farmer is a member of the Bangsamoro Islamic Freedom Fighters (BIFF). 

The boy and his father became headlines. Upon learning the incident, Noraisa’s relatives went to the detachment camp where the two were last seen. But no one offered any information. 

Noraisa’s sister-in-aw, Aminah*, was furious. 

A certain lieutenant, according to Aminah, said the boy and his father were released 5 minutes before they arrived at the detachment camp in Barangay Meta. However, several hours passed and yet the two victims were still missing. Aminah then returned to the lieutenant, whose testimony suddenly changed. The lieutenant denied his earlier statement. 

Next steps

We secured certifications from soldiers, military men, and local police officers. They certified that the boy and his father are not within their custody. 

Disappearances like theirs does not happen often in our area but residents are afraid that it may still happen again.

We then relayed the incident to the Philippine National Police (PNP) regional office, we sought assistance in locating the two. Until now, they are still missing. (READ: PH sends mixed signals on human rights)

We heard two other versions of the incident: From the witness and from the Armed Forces of the Philippines (AFP). But the final decision is still with the judiciary. 

We received information that the AFP has formally instituted an investigation within the army battalion. Our source said there were 5 soldiers who were in charge of the checkpoint activity. However, the investigation is not yet over. There are still no answers.

Noraisa has been waiting for over a year. She is waiting for her husband and son’s smiles and hugs. All she can do now is wait. 

Our call is simple: Let the men in uniform produce the missing bodies. These bodies better not be cold. Until then, Noraisa will search for the truth.

A petition for writ of Amparo was filed before the Regional Trial Court in Cotabato City. This is the best remedy for Noraisa’s case for now. 

The petition for a writ of amparo is a remedy available to any person whose right to life, liberty, and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. 

Noraisa cried again. She cried not only out of pain, but also out of gratitude. She is thankful for those who have  been helping her in the search for his missing husband and son. 

Stronger implementation

Even after the effectivity of the Anti-Enforced or Involuntary Disappearance Act or Republic Act 10353, there is still a need both for the executive and judiciary branches to synchronize robust efforts in implementing the law. 

During the process of the filing of the writ of amparo in the Regional Trial Court, some lawyers in this part of the region admitted that there is a grey area on how the writ would be enforced or granted.  

Based on legal research, filing of the writ of amparo, like the habeas corpus, is a prerogative writ which is neither a civil, criminal, administrative nor special civil action. It does not suspend nor preclude the filing of such actions.

The Supreme Court in its decision in “Secretary of Defense vs. Manalo” and “Razon vs. Tagitis” reiterated that the “Amparo Rule merely provides for a procedural protective remedy against violations or threats of violations of the constitutional rights to life, liberty and security. It does not address criminal, civil or administrative liability as these are matters determined from the application of substantive law. 

Clearly, it is the purpose of the petition for the writ of Amparo to ensure that all efforts at disclosure and investigation are undertaken under pain of indirect contempt from the Supreme Court when governmental efforts are less than what the individual situations require. In addition, it addresses the disappearance, so that the life of the victim is preserved and his or her liberty and security restored. 

Although the Philippines did not sign the International Convention for the Protection of All Persons from Enforced Disappearance, there is still hope for Noraisa’s family.

Let the Inter-Agency Committee on Extra-Legal Killings, enforced disappearance, torture and other grave violations of the Right to Life, Liberty and Security of Persons convene and do its job for Noraisa’s case.

Let the Committee stand by its mandate of increasing significant improvement on the conviction rates in the prosecution of grave forms of human rights violations as stated in Administrative Order No. 35 issued in 2012. 

Let this be the first case in ARMM to prove that there is no room for enforced disappearance and remind the law enforcers and even private individuals not to resort in committing grave human rights violations. 

As for Noraisa and I, the fight is still not yet over. Until now, we’ll wait and see for the compliance of the State in respecting the human rights of everyone.  – Rappler.com

Archad R,. Ayao is an investigator in the ARMM Regional Human Rights Commission, the sole human rights institution in the region. He is also is a human rights defender and community worker. He is currently a law student and aspires to render legal assistance to residents living in far-flung areas.

*The author used aliases to protect the privacy of the people involved in the story

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