The Department of Justice on Wednesday concluded its preliminary investigation on the criminal charges filed by the military against a suspected Spanish terrorist who was arrested in Basilan last Jan. 22.
The DoJ’s panel of prosecutors submitted the complaint filed by the Armed Forces of the Philippines against Abdelhakim Labidi Adib after he submitted his answer and denied the charges of illegal possession of explosives.
Assisted by a lawyer from the Public Attorneys Office, Adib, a 20-year-old Spanish national of Tunisian descent, asked for the dismissal of the case against him for lack of evidence,
In his counter-affidavit, Abdelhakim Labidi Adib narrated that he came to the Philippines as a tourist, and not as what the military alleged him to be—a foreign terrorist aiding local terror groups in the south.
In its complaint, members of the Philippine Army said that they arrested Adib last Jan. 22 at a military checkpoint in Basilan. The respondent was supposedly accompanied by an Abu Sayyaf member, who is one of their targets, but was able to escape by jumping off a cliff.
The military said they seized from Adib’s possession a hand grenade, rifle grenade, detonating devices and blasting caps.
The military suspected that Adib is a foreign terrorist aiding local terror groups in the south.
Records showed that Adib arrived in Manila on Oct. 10 last year and went straight to Davao where he visited several attractions before proceeding to Cagayan de Oro. He said he met a certain Abuzaid who claimed to be part of the Yakan tribe. He said he offered to take him to his tribe and introduce him to its culture.
However, Adib denied links to Islamic State or any terrorist group.
“I went here in the Philippines as a tourist. I have no intention whatever to aid anyone in any terrorist activity especially in causing trouble to the community,” Adib said, adding that he was born in Spain to responsible and loving parents.
“My parents taught me so many traits especially in dealing with people around, in giving due respect as regards the practice of faith, religion and others,” he said.
He said that after his studies, he moved to Switzerland where he worked and saved money because it was his dream to travel to a faraway country. He said he chose Philippines because he heard a lot of “good reviews” in the country.
“I began thinking about going to the Philippines when I heard so many good reviews and feedback about the country that it is a touristic place with beautiful islands and scenery and above all, splendid people who are very accommodating and hospitable,” Adib said, in his counter affidavit.
“I did not stop thinking about the delicious food which is hard to refuse. I imagine that it is possible to have a happy life, filled with good times and happiness and devoid of many problems,” Adib added.
According to him, another reason why he came to the Philippines was “to find a good woman to complete my happiness and make my life with her.”
Adib said that it was not his intention to go to Basilan and that he went to the Philippines for a vacation. He first went to Manila and then Davao and stayed for two months in Cagayan de Oro.
From CDO, he said they proceeded to Zamboanga and eventually to Basilan to visit the Yakan tribe. While in Basilan, he said the three weeks he spent with the tribe was “not a happy experience.” “I really regret my decision in going to Basilan. Nobody explained to me that Basilan is a dangerous place,” he said. Before he was allowed to leave, he said the tribe members took his money of about 1,000 franks, mobile phone and some of his personal belongings.
He said he was escorted to Isabela City, Basilan on Jan. 19 where he was arrested by armed men.
Contrary to the military’s claim, Adib said that he was arrested on the 20th and not on the 22nd of January.
Meanwhile, the Justice department did not find enough evidence to indict a female member of the Maute clan for the crime of rebellion.
Najiya Dilanggalen Karon Maute aka “Najiya Sultana Dilangalen Karon,” wife of Mohammad Maute, a member of the Maute local terror group who died in he battle of Marawi City, walked out from prison after the DOJ failed to find sufficient evidence linking her to the terror group after inquest proceedings following her arrest on January 23 at Barangay Rosary Heights 3, Cotabato City.
She was arrested through an arrest order issued by the Department of the National Defense dated June 5, 2017.
The arrest was made pursuant to Proclamation No. 216 which placed Mindanao under martial law and suspended the privilege of the writ of habeas corpus.
In his resolution, Senior Assistant State Prosecutors Peter Ong and Alexander Suarez, and Assistant State Prosecutor Josie Christina Dugay ruled that the case could not proceed for inquest because the alleged acts contained in the police and military’s complaint happened seven months ago.
Earlier, the DOJ ordered a thorough preliminary investigation into the rebellion charge, allowing Maute to submit a counter-affidavit and other defenses.
“Complainant PNP-CIDG claims that on the basis of the statement of Martino Elyana, respondent Najiya Maute should be indicted for rebellion for aiding the Maute-ISIS group who participated in the public uprising and took arms against the government by forcibly taking over Marawi City. On two separate occasions, respondent Najiya Maute’s aid to the armed group was in the form of giving them food. However, aside from the statement of Martino Elyana, complainants did not present any other evidence against respondent,” the resolution read.
“Said acts were committed more than seven months ago, rendering this case not proper for inquest, but for regular preliminary investigation,” it added.
The DOJ explained that Maute’s act of bringing food and being with her husband “are not overt acts of rebellion.”
Maute was released from detention on January 30, according to her uncle, former Maguindanao Representative Didagen Dilangalen.
The initial preliminary investigation hearing on the rebellion case is set on February 14.
The Maute group’s siege on Marawi City led President Rodrigo Duterte to issue Proclamation No. 216 on May 23, and the battle for control of the Islamic City dragged for five months.
