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Tuesday, March 19, 2024

Rights agency sets probe on ‘tambay’s’ death, eyes cops’ role

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The Commission on Human Rights will investigate the death of a 25-year-old man in police custody after he was arrested in a crackdown on loiterers.

CHR spokesperson Jacqueline de Guia said they would dig deeper into the death of Genesis “Tisoy” Argoncillo, who was beaten to death while inside the Quezon City Police District Station 4, allegedly by his fellow detainees.

De Guia said the police were not off the hook.

“The CHR is now investigating to know the possible liability of the police in this incident,” she said.

She reminded policemen that even detainees have rights that they must protect.

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“In this instance, it is clear that there is a violation of the law. May we remind the police of the rights of any detainees or persons deprived of liberty,” she added.

The police could have committed negligence that may have resulted in the detainee dying or suffering injuries inside their detention cell, the CHR said.

The sorry state of Argoncillo could be considered torture or cruel, inhumane, and degrading treatment or punishment under Republic Act 9745 and the Convention Against Torture.

On June 15, Argoncillo was picked up during the QCPD’s anti-loitering campaign in front of a variety store near his house in Novaliches because he was not wearing a shirt.

QCPD Chief Supt. Joselito Esquivel Jr. said Friday three witnesses have surfaced to identify two suspects who beat up and killed Argoncillo.

He ordered the filing of murder cases before the Quezon City Prosecutor’s Office against Sputnik Gang members Justine Mercado and Richard Bautista, along with some other detainees, who conspired in beating up Argoncillo at the police’s lock-up cell.

Nestor Millete, a co-detainee, said he witnessed the beating of Argoncillo by Mercado, Bautista and the other detainees on June 18 at around 10 pm.

Two other witnesses—Sterence Lamac and Rolly San Jose—also claimed they had personal knowledge of the incident and that Mercado and other detainees mauled the victim.

The three witnesses were taken to the Criminal Investigation and Detection Unit under Supt. Rodelio Marcelo to execute their sworn statements.

Esquivel ordered investigators to identify the other detainees who beat up Argoncillo.

At the same time, he relieved the Station 4 commander, Supt. Carlito Grijaldo, along with the duty officers—PO3 Dennis Saño, desk officer SPO3 Ronald Nañola, staff duty officer Insp. Oliver dela Cruz and shift patrol supervisor SPO4 Valerio Perez effective June 21.

“We will investigate everyone involved, including the police officers on duty, until the truth comes out, and then prosecute the guilty to the full extent of the law. We assure the public and the family of the deceased of full transparency and no cover-up of the case,” Esquivel said.

On Tuesday, Argoncillo died due to injuries on the “neck, head, chest and upper extremities.”

Argoncillo’s sister, Marilou, said her brother had complained that he was being beaten inside the prison by other inmates.

A leftist lawmaker on Friday castigated the police for trying to cover up Argoncillo’s death initially.

Bayan Muna Party-list Rep. Carlos Zarate said initially the QCPD claimed that Argoncillo died from shortness of breath but photos and autopsy findings obtained by media on Thursday, June 21, showed otherwise. The picture of Argoncillo’s cadaver showed multiple bruises over his face and body, Zarate said.

Zarate said this was also contained in Argoncillo’s death certificate, which was prepared by the medico-legal chief of the National Police Crime Laboratory Supt. Joseph Palmero. It said the “immediate cause” of his death was “multiple blunt force trauma” applied to his “head, neck, chest and upper extremities.”

“There is definitely a disconnect between the statement of the QCPD and the medico-legal chief of the PNP. Now the QCPD is saying that Tisoy was beaten up by the other detainees. From all indications, it seems that the QCPD is trying to cover up the real story behind Tisoy’s death,” Zarate said.

He said, “police abuse and brutality is a sad reality in the Philippines.”

“It is in this light, that we in Bayan Muna will conduct ‘Know Your Rights Legal Clinics’ in communities to teach residents their rights and prevent police abuse,” Zarate said.

Meanwhile, Senator Richard J. Gordon has called for the creation of more jobs so that idle citizens would have less time to spend loitering on the streets, especially at night.

“Idle hands are the devil’s workshop. If one has no job, he will be tempted to do bad things like snatching or engage in a drinking session. If one has a job, he will have no time to be idle on the streets. So we should create more jobs,” he said.

While acknowledging that people have a right to loiter as long as they are not violating any ordinances, Gordon said street idlers would be more productive if they looked for jobs instead.

A total of 7,291 people were apprehended from June 13 to June 20 in operations launched after President Rodrigo Duterte ordered authorities to step up the campaign against loiterers on the streets.

People were arrested for violating curfew ordinances, for drinking in public places or streets, for being half-naked in the streets, and for smoking in public.

Also apprehended were illegal vendors, videoke curfew violators, litterers, illegal barkers as well as those who violated the traffic code.

Senator Francis Pangilinan called for the suspension of the crackdown against loiterers after the killing of Argoncillo.

Pangilinan said Argoncillo would not have died if he were not arrested in the controversial government campaign.

“The initial attempt to cover up the case by the police claiming he was mentally ill is also unacceptable and should be dealt with squarely,” he added.

Senator Paolo Benigno Aquino IV added that the campaign against the loiterers was anti-poor since it was mainly carried out in poor communities.

This charge was denied by the Palace, which said those arrested had violated local ordinances and laws—and not only the poor.

Presidential Spokesman Harry Roque added that the police will abide by the rule of law to see that no human rights are violated in the campaign.

Despite mounting criticism from the human rights advocates and the political opposition, police will not suspend intensified operations against those loitering on the streets late into the night.

Roque said the PNP would look further into the death of Agoncillo, and acknowledged that “there will be bad eggs in every group.”

“But I’m confident there’s just a few of them that are ruining the good name of the PNP. Let’s allow the police leadership to discipline their ranks,” he said.

Roque also disputed the figure of 7,000 arrested and said the campaign was part of crime prevention.

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