On September 14, 2019, Karapatan
received information from its regional chapter in Southern Tagalog that
Alexandrea Pacalda, a human rights worker affiliated with the organization, was
abducted by six operatives of the Armed Forces of the Philippines (AFP) in
General Luna, South Quezon. She was initially brought to the 85th
Infantry Battalion headquarters, and then later to the General Luna police
station.
On September 14, 2019, Karapatan
received information from its regional chapter in Southern Tagalog that
Alexandrea Pacalda, a human rights worker affiliated with the organization, was
abducted by six operatives of the Armed Forces of the Philippines (AFP) in
General Luna, South Quezon. She was initially brought to the 85th
Infantry Battalion headquarters, and then later to the General Luna police
station. At the police station, Alexandrea was forced to sign a certification
indicating that she voluntarily surrendered. Thereafter, she was taken to the
201st AFP Brigade camp in Calauan, Quezon.
During the past days, Karapatan
got in touch with Alexandrea’s family. Karapatan legal counsel Atty. Maria Sol
Taule was also able to talk to the victim herself. Amid all the false reports
circulating online, Karapatan would like to clarify a few matters:
- Alexandrea Pacalda, 23, was a human
rights worker of Karapatan. She is currently affiliated with Pinag-isang Lakas
ng Magsasaka sa Quezon (PIGLAS-Quezon), a local peasant organization in the
region. She was abducted by elements of the military and she continues to be
under military custody. She was arrested without a warrant and continues to be
under detention for five days now. - As of this writing, there have been no
charges filed against Pacalda, unless they start planting evidence or put her
name under Jane Does or ludicrous aliases in outstanding warrants of arrest.
She is being held without charges for more than 36 hours now. Particularly, 118
hours have already passed. This already
qualifies as arbitrary detention and the military should be held accountable.
Alexandrea should be immediately released to her family. - Alexandrea Pacalda signed the affidavit
of voluntary surrender while under duress. In a signed statement to her lawyer,
the victim said that she was subjected to mental torture, and was merely forced
to sign the affidavit. She added that she was not allowed to sleep and was
starved for 24-30 hours. - Alexandrea’s family was likewise forced
to affix their signature. While there was no physical coercion, Karapatan
asserts that the coercive circumstance wherein the family was subjected to
invalidates the giddy claims of the PNP and the AFP that she “voluntarily
surrendered.” The military threatened the family with a criminal case to be
charged against Alexandrea if they don’t agree to sign the affidavit. This
signed document, though far from voluntary, is making the rounds in social
media. - Alexandrea’s father broke down after
meeting with Karapatan’s legal counsel. He said he signed the affidavit and
convinced her daughter to do so, as they were held in a hostile environment.
They were fearful of what the military can do to Alexandrea, given that she
remains under military custody. - The father of Alexandrea was presented
to the media. He initially stated that his daughter was a good person, but was
forced to change his account because the military merely wanted the father to
talk about the so-called “surrender” of Alexandrea. The family was also invited
to join the parade of parents who claim their children are missing, despite
being defied and opposed by the children themselves. The Pacalda family refused, and is currently
in coordination with the Commission on Human Rights and Karapatan for her
release. - Alexandrea
was taken to the notary public on September 17, 2019. She was not provided a
copy of the said affidavit. She was subjected to custodial investigation, yet
an affidavit was drafted without the presence of a counsel of her own choice.
The said affidavit, which has likewise been circulated online, was signed
without the presence of her lawyer, and was done so while the victim was under
pressure. All statements taken from any victim without the presence of his/her
counsel of choice should be deemed inadmissible. - After
Alexandrea was taken to the notary public and while in conversation with Atty.
Taule and her family, she signed a short statement recounting how she was
forced to sign the affidavit, as well as her mental and emotional disposition
while under military custody. This statement supersedes previous claims by the
military and the police about her alleged surrender. - Until now, the military refuses to release
Alexa Pacalda. She is currently under the custody of the 201st Brigade in
Calauag, Quezon. - On
September 19, Capt. Benedict Alfonso Cagain, a civil military officer of the
Army’s 201st Brigade, released a statement saying that Alexandrea is
not being detained, and that she is free to return home to her family. As of
press time however, Alexandrea’s family, accompanied by CHR, is asking
continuously demanding for her release. The military refuses to heed the family
and the CHR’s request, despite the lack of a case against Alexandrea.
This is the devious maneuvers of the military. We reiterate
that this is a case of forced surrender. Using its machinery and resources, the
military tries to break down the spirit of activists like Alexa, and her
family, to bow down to their false narratives. Despite initial accounts and
documents already circulating online, it is nonetheless imperative that the
real story of Alexa’s ordeal drowns the zealous crackle of state forces. They
think that they have won, but a brave family puts them in their place.
Karapatan also adds that despite the criminalization of acts
of torture, including psychological torture, it remains a prevalent practice by
the military. The case of Alexa Pacalda proves this. It is also indicative of
how other cases of “voluntary surrenders” came to be.