Malang Statements Re Kaharudin's Abduction

Reference: Atty. Zen Malang (0928-5000-432) PRESS STATEMENT NO SCOOP IS WORTH SENDING AN INNOCENT MAN TO JAIL Once again, a member of the Muslim community was arrested without warrant. Once again, someone was subjected to physical abuse to force him to admit to a supposed terrorist plot. Once again, there is an attempt to hoodwink the public and to prostitute the judicial process through evidence that was not only unconstitutionally obtained but all indications point to its spurious nature. Once again, there is an attempt to earn media mileage points at the expense of protecting the public by going after those who are truly guilty. Once again, an excuse is being manufactured to have another escalation of hostilities in . Around two weeks ago, a poor man from a far-flung farming village in Maguindanao came to Metro Manila on board a ship in search of a way out of poverty. His name is Kaharudin Talib and like many others from and other parts of the country, his route out of poverty is to land a menial job in the as an OFW. For this purpose, he obtained a passport and set a day to go to the recruitment agency. But Kaharudin’s hope – a hope which countless other poor people in this country share - suddenly vanished last Friday, August 3, 2007, WHEN HE HIMSELF VANISHED. On that day, he was picked up and arrested WITHOUT A WARRANT by joint elements of the PNP-SPD and ISAFP. And for three straight days and nights, he was held incommunicado. Frantic families and neighbors sought the help of lawyers whose efforts to locate him were unsuccessful. The PNP-SPD denied that they have custody and instead pointed to the ISAFP. But the ISAFP also denied having custody over him and, as if playing a sort of SICK GAME only they can possibly find amusing, likewise pointed to their counterparts in the PNP-SPD as the ones with custody. This, in itself, already indicates a sinister plan by the PNP and ISAFP. But what is an even stronger indication of a sinister plan was what transpired the day following Kaharudin’s arrest. On Saturday afternoon (), members of the PNP went to Kaharudin’s residence and AGAIN WITHOUT A WARRANT AND WITHOUT COORDINATING WITH BARANGAY OFFICIALS as they are required under the law searched his place for supposed bombing implements. The search was initially conducted in the presence of Kaharudin’s housemates. But when no evidence was found even after each nook and cranny was searched, THEY ORDERED EVERYONE TO STEP OUTSIDE THE HOUSE. Only after giving themselves moments to search the house without effective supervision and witnessing did the cops allow the residents to step inside. AND LO AND BEHOLD! It was only then that a bomb was “found”. The other evidences are of equally spurious nature. Even disregarding the constitutional inadmissibility of the supposedly incriminating text messages, the nature of those messages proves their manufactured nature rather than the guilt of Kaharudin. Why would supposed terrorists send messages in plain Tagalog? Why not in his dialect? To make their incriminating nature more obvious for the media and the public? To make it easier to convince the public that this person is really a terrorist? Wouldn’t anyone engaged in a sinister crime at least try to hide their crime by sending instructions in coded messages? Who sent those messages? Even a stranger who has someone else’s number can easily send such an incriminating message if he wanted to produce an “evidence” against that person. And when

were those messages sent? Before or after the arresting officers had already possession of it? Sadly, these questions cannot be resolved as of now because THE POLICE REFUSED TO ALLOW ANYONE BUT THEMSELVES TO SEE THOSE TEXT MESSAGES, a clear indication that it is of spurious nature. These and many other sinister aspects surrounding Kaharudin’s arrest and the attempt to pin a crime on him are the reasons why we, members of several law groups, have taken an interest in this case. NOT ONLY ARE THE BASIC CONSTITUTIONAL RIGHTS OF A PERSON INVOLVED IN THIS CASE BUT THE SPURIOUS NATURE OF THE SUPPOSED “EVIDENCE” AGAINST HIM STRONGLY INDICATES HIS INNOCENCE. But this case involves not just Kaharudin and his family and friends. The public themselves have an utmost interest in this case. The public has a right to be protected from heinous crimes like terrorism. But when law enforcement agencies insist on pinning an act of terrorism on a clearly innocent person, AREN’T THEY IN EFFECT LETTING THE TRUE CULPRITS GO FREE??? Is their need to show to the public concrete results in their counter-terrorism campaign so strong that they don’t mind apprehending innocent people and letting guilty ones free??? Do such conduct from law enforcement and security agencies lead to better protection of the public, or are they only exposing the public to more risks? In other words, do the PNP and ISAFP deserve commendation or condemnation for the arrest of Kaharudin. We are aware that the PNP, through one member of the media, presented a supposed confession by Kaharudin. But: WHEN YOU BEAT UP A PERSON, HOLD HIM INCOMMUNICADO FOR 3 DAYS AND NIGHTS, PREVENT HIS FAMILY AND LAWYER FROM SEEING HIM, AND WHILE IN AN ENCLOSED POLICE STATION SURROUNDED BY THE VERY SAME PEOPLE WHO MOST LIKELY MANHANDLED HIM, ASK HIM LEADING QUESTIONS WHEN BEING INTERVIEWED BY A SOLE MEMBER OF THE PRESS …IT WOULD BE A MIRACLE IF HE DOESN’T OWN UP TO ANY CRIME YOU ASCRIBE TO HIM, EVEN THAT OF ASSASINATING JOHN F. KENNEDY AND NINOY AQUINO!!! Thus, we remind our friends in the media of their profession’s code of ethics. We urge them not to allow themselves to be used in the abuse of a person’s constitutional rights. THERE IS A THIN LINE BETWEEN GETTING A SCOOP AND BEING MADE A PARTY TO A POLICE INTERROGATION AND ILLEGAL CONFESSION. NO SCOOP IS WORTH SENDING AN INNOCENT MAN TO JAIL.

ASSOCIATION OF MUSLIM ADVOCATES OF LAW BANGSAMORO LAWYERS NETWORK, INC. MUSLIM LEGAL AID FOUNDATION, INC.

FIRST VICTIM OF THE HUMAN SECURITY ACT? Contact: Atty Zen Malang (09285000432) OR Atty. Musa Malayang (09196132751)

Statement

IS THIS HOW THE PHILIPPINES CONDUCTS ITS COUNTER-TERROR CAMPAIGN?

This should give everyone an idea how the counter-terror campaign is being waged. And this is what discredits and taints the law enforcement institutions involved, and gives the counter-terrorism campaign a bad reputation among ordinary Muslims who would otherwise support that campaign. But first. Several other Moro (Muslim) lawyers and I were meeting in San Juan , Metro Manila, Saturday afternoon ( August 4, 2007 ) to discuss the Anti-Terror Law when, during the meeting, one of those present received a frantic phone call from his friend in Maharlika Village , Taguig, Metro Manila. Their house was being raided by the police. No search warrant. They were just told it’s a matter of national security and that they were looking for bombs and bomb-making equipment. Those in the meeting decided to immediately go to that house in Maharlika Village . It’s a relatively big two-story house, owned by a well-off Moro family but once they got there, the police had already left without apparently finding anything. Upon hearing that the police proceeded to another house and were picking up someone, the lawyers headed for that place too but saw cops already on the street and about to leave. We approached the cops and after identifying ourselves as lawyers asked the Commanding Officer and his Team Leader what was going on. We were told that it is just a follow-up operation and they were about to leave. When prodded to explain, they admitted they were about to take with them someone who granted their “invitation” to go with them to their camp to assist the police cartographer draw the sketch of a terror suspect. Aware of the all too common instances of police invitations turning into more permanent stays in a detention center, we reminded the cops of the legal requirement for an arrest warrant of which they had none. But a leader of the homeowners association who was also present suggested, to show that the community too is eager to

cooperate in an anti-terror investigation, that the police bring their cartographer to the Baranggay Community Hall in that area where he can then sketch the suspect’s appearance with the assistance of the woman they were “inviting”. This offer the cops turned down and immediately left. It seemed they were more interested in avoiding any more questions from the lawyers than insisting to bring with them their quarry. It was after the cops had left that we were able to question their would-be quarry. She said she was at the house when the cops arrived. The house was actually a boarding house for transients from Mindanao who came to Metro Manila to apply for menial jobs overseas – either as construction workers or domestic helpers. In fact, she too had just arrived from Mindanao less than two weeks ago as an OFW-wannabe – she did not finish elementary schooling. The house has rooms for male and female tenants. Just like in the first house, the cops told her they intend to search the house for some bombs and went inside without showing any warrant. While conducting their search, the woman had enough sense to stay inside and watch the cops. AFTER A WHILE AND THE SEARCH NOT HAVING PRODUCED ANYTHING, THE COPS ORDERED, BARKED AT EVERYONE TO STEP OUTSIDE AND LEAVE THE COPS INSIDE. MOMENTS LATER, THEY WERE TOLD THEY CAN ALREADY STEP BACK IN. AND ONCE INSIDE AGAIN, IT WAS THEN THAT A BOMB WAS “DISCOVERED”. IT WAS “FOUND” IN THE ROOM FOR MALES WHICH WAS ALREADY SEARCHED EARLIER WITHOUT HAVING PRODUCED ANYTHING. From the exchange that followed between the cops and the woman and her neighbors, we were able to gather that: 1. The cops arrested a man – a would-be bomber the cops claimed the day before. That man by the name of Kaharudin Mutalib stays in the house and in that room where the bomb was “found”. 2. Kaharudin Mutalib, just like the female invitee, is also a transient who recently arrived from Mindanao and likewise intends to land a job abroad as an OFW. He had just been to the recruitment agency a few days ago, August 1. 3. As with many transients in Maharlika Village who need to

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support themselves during their stay in Metro Manila, he worked as a part-time tricycle driver in the village. After leaving the house yesterday to work his route, he didn’t come home in the evening. Not only were the cops claiming Kaharudin is a would-be bomber, but they are also linking him to bombing incidents in Southern Mindanao . To support this claim, they showed to the lady from the homeowners association messages in the inbox of Kaharudin’s mobile phone. It showed incriminating messages that made references to bombings in Southern Mindanao . It also contained what seemed like instructions to go ahead and prepare the bombs (“ihanda mo na”). The lady from the homeowners association was incredulous of the messages because, besides not being couched in codes as one would expect from messages of that nature, they were also in Tagalog and she was told Kaharudin is not that fluent in Tagalog. He comes from a far-flung village in Maguindanao known as Libutan where Tagalog is hardly, if ever, spoken. Thus, she asked the cops if she can take down the phone number which sent the apparently incriminating messages. THE COPS REFUSED AND IMMEDIATELY TOOK BACK THE PHONE. The lady by the way works for an agency under the Office of the President. The cops were looking for the other males who were sharing the room with Kaharudin. The cops did not coordinate their search with the local Barangay officials as they are required under regulations. The Commanding Officer of the cops was a certain Supt. Arvin Pagkalinawan and their Team Leader was a Sgt. Jesse Kamalig.

Obviously, there are far more sinister aspects to this incident than just failure to follow constitutional requirements, itself already a grave matter. But, as pointed out by the tenant of the subject house and the lady from the homeowners' association, why was the bomb “found” only after the cops ordered her and others to step outside and thus be unable to observe what the cops were doing? Why were the supposed incriminating text messages relating to past bombing incidents and planned bombings not couched in a coded language that only the conspirators could understand? And also why send bombing instructions in a language which the intended message recipient could barely understand? And why were the cops reluctant to give the number from which those incriminating messages came

from? Last question. Is this incident a portent of how the Philippines will conduct its counter-terrorism campaign after the passage of the AntiTerrorism Law, strangely titled Human Security Act? If it is, then all the fears expressed about the law by various sectors are not unfounded. But then again, Muslims have been getting this kind of treatment even before the passage of the law. So with the passage of this law, perhaps they should brace themselves for their human rights situation to get worse. August 4, 2007 Saturday If one doesn't know to which port one is sailing, no wind is favorable. Seneca