Court orders 'torture cops' arrested
MANILA, Philippines - A Manila court has ordered the arrest of seven policemen, including a police official, in connection with the torture, caught on video, of a suspect right inside a police station.
The court ordered the arrest of Supt. Rogelio Rosales Jr., station commander; Senior Insp. Joselito Binayug, the alleged torturer in the video; Senior Police Officer 3 Joaquin de Guzman, SPO1 Rodolfo Ong Jr., SPO1 Dante Bautista, PO1 Nonito Binayug, PO1 Rex Binayug and other John Does.
The Center for International Law, which is representing the widow of torture victim Darius Evangelista, provided media a copy of the court order issued by Judge Tita Bughao Alisuag of Manila Regional Trial Court Branch 1 finding probable cause against the accused for violation of the Anti-Torture Act of 2009.
The court found probable cause based on statements and affidavits made by the Department of Justice and other witnesses.
According to lawyer Rommel Bagares of the Center for International Law, the Manila court promulgated its ruling last November 3 and under the rules an arrest warrant should come out within 10 days from promulgation.
"We expect an arrest warrant will be served soon," he said when reached by phone.
In another ruling, the same court dismissed the motion to quash criminal information filed by the accused.
The seven were charged with violation of the Anti-Torture Act of 2009 after a video came out on television last year showing Binayug pulling on a string that was tied to the torture victim's private parts. The victim was later identified to be Darius Evangelista, an alleged thief. His body, however, has not yet been found. Police earlier showed his widow a body, but according to her that wasn't Darius.
A motion to quash filed by respondents Ong and Rex Binayug argued that the court: lacked jurisdiction; lacked authority to conduct preliminary investigation; and the allegations do not constitute torture as there was no "corpus delicti" of the person.
But in dismissing the motion to quash filed by respondents Ong and Rex Binayug, the court stressed that it has jurisdiction over the case.
"A reading of Republict Act 9745 (Anti-Torture Act of 2009) would reveal that the corpus delicti is the torture itself resulting in the death," the court said.
The Center for International Law said this would be a "test case" for the country's anti-torture law.
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