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Bacolod City, Philippines Saturday, September 29, 2012
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CHR to file torture raps,
Fortunado lawyers says

BY ADRIAN NEMES III

Charges for violation of the anti-torture law will be filed by the Commission on Human Rights-Manila against those who allegedly manhandled Eddie Fortunado, a suspect in the slay of Kabankalan Judge Henry Arles, while he was under the protective custody of the National Bureau of Investigation in Bacolod City.

This was disclosed by his lawyer, Romeo Subaldo Sr,, at the resumption of the hearing on the Writ of Amparo filed by Fortunado’s mother Tessa at the Regional Trial Court Branch 42 yesterday.

Subaldo, however, said he is not privy to where the charges will be filed because CHR-Manila personnel are facilitating it.

At the hearing yesterday, Fortunado testified that he did not seek protective custody from the NBI, rather its agents abducted and forced him into a van on June 27, this year, in Binalbagan.

Fortunado reiterated that Frank Britanico, Arles’ brother-in-law and Philip, the judge’s son hurt him while he was under the custody of the NBI. He said the only proof he has that he was indeed tortured is the cist on his back, which he claimed, grew bigger after he was maltreated.

When asked by Ormil Ong, counsel for the NBI, if there are personnel from the agency who laid a hand on him, Fortunado said there were none.

Fortunado, said, that NBI-Bacolod chief Ferdinand Lavin had treated him well when he was under the agency’s custody.

NOT TRUE

Lavin said that the claims of Fortunado are not true because if he was indeed maltreated, how come he did not tell him about it.

Fortunado said that he did not tell anybody about the alleged torture because they were threatened by Britanico and his nephew that they will be killed if they do so.

Lavin maintained that they treated Fortunado and his co-accused Alejandro Capunong and Jessie Deguia well when they were still under their custody. He said there were times when they handcuffed them to the armchairs but that was for security purposes and so they could not escape.

Asked about the charges being prepared by the CHR-Manila, Britanico said he is not affected because there was no torture and the charges will not prosper.

How can you believe a person who sold his soul in exchange for a certain amount of money to kill an innocent person? Britanico asked.

He added that they already sent their replies to the CHR during the preliminary investigation on the alleged torture of Fortunado.

Britanico also denied that he had issued statements to the media accusing Fortunado’s mother of getting money from Ilog Mayor Paul Alvarez, one of the accused in the killing of Arles.

VICE GUV’s REPLY

Negros Occidental Vice Governor Genaro Alvarez, whose name was recently included as a respondent in the slay said he received his subpoena from the Department of Justice Wednesday.

He has asked his lawyer to submit a reply for him, Alvarez said.

Alvarez has denied involvement in the killing of Arles, saying the inclusion of his name is politically motivated.

Lumaya Ka Secretary General Ben Solilapsi, meanwhile, said it is questionable that, until now, Fortunado and Daguia have not received their subpoenas from the DOJ.

The counter affidavits of other accused Gerald Tabujara and Marvin Salve, members of the Revolutionary Proletarian Army Alex Boncayao Brigade, were already sent to the DOJ on September 17 through LBC, while the counter affidavit of Capunong will be sent before the 15-day deadline since his subpoena was only received on Sept. 17, Solilapsi added.

PETITION FOR RELEASE

RTC Branch 42 Judge Fernando Elumba reminded Ong yesterday to submit their opposition to the petition for immediate release of Fotunado that was filed on Monday by Subaldo, on or before October 8.

Subaldo repeated at the hearing yesterday that the continued stay of Fortunado under the custody of NBI has no legal basis as he has no arrest warrant and therefore should be released.

Elumba told Subaldo to wait until October 8, until he could decide on the petition filed.*APN

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