Questions hound activists’ arrest

By NITZ ARANCON
with JOEY NACALABAN
and LITO RULONA
Correspondents . 

SERIOUS questions hounded the police narrative on Monday’s arrest of two leaders of organized Lumad and farmers’ organizations here even as authorities pressed charges against who Camp Alagar called as “top NPA leaders.”

The Criminal Investigation and Detection Group (CIDG) yesterday filed charges of rebellion, illegal possession of firearms and explosive, and violation of the election gun ban against Kalumbay Regional Lumad Organization chairman Jomorito Goaynon and Kilusang Magbubukid  ng Pilipinas chairman for northern Mindanao Ireneo Udarbe before the City Prosecutor’s Office.

The suspect’s lawyer, Czarina Musni, and supporters of the two rights activists raised serious questions about the arrest and the police’s accusation that the suspects are leaders of the New People’s Army (NPA).

Musni noted that her clients were arrested by Army soldiers in Barangay Patag while they were riding a public jeepney from Bulua at around 11:30 am on Monday.

She said Goaynon and Udarbe were on their way at that time to Talakag town in Bukidnon to participate in a dialogue between a group of indigenes and soldiers from the Army’s 65th Infantry Batallion.

Fr. Rolando Abejo, spokesman of the group Movement Against Tyranny (MAD), said the police’s claim that Goaynon and Udarbe were armed with guns and a grenade was improbable.

“Klaro gyud kaayo nga trumped up nga mga kaso. Magdala lugar silag armas nga makig dialogue man unta sila sa 65th IB sa Talakag? Unya, unsa-on man nila pagdala ug armas ug explosive nga martial law man karon ug  daghan man kaayong checkpoint  dinhi sa Cagayan  de Oro?” asked Fr. Abejo rhetorically.

Abejo also pointed out that Goaynon and Udarbe were riding a public jeepney in broad daylight at the time authorities claimed the two activists were arrested for illegal arms and explosive possession near Camp Evangelista in Patag, the seat of the Army’s 4th Infantry Division.

Goaynon and Udarbe were arrested by Army Sgts. Elson Mostacio  Canatoy and Aquilino Adorna, and then handed over to the CIDG. The soldiers reportedly flagged down the public jeepney and then arrested the two passengers.

Supt. Surki Sereñas, Camp Alagar spokesman, said Goaynon and Udarbe were subjected to close monitoring by the military intelligence units.

Sereñas maintained that Goaynon and Udarbe are “top NPA leaders.”

He added: “Ako nagtuo gyud nga duna silay kalabutan sa NPA because of the confiscated subversive documents recovered during their arrest.”

Musni however called the arrest glaringly illegal even as she asserted that no arrest warrant could be used against any of her clients.

“Gidakop nila si Goaynon ug Udarbe nga walay arrest warrant,” she said.

On Tuesday, police claimed that Goaynon and Udarbe were arrested for attempted murder and frustrated murder based on a warrant issued by regional Judge Emmanuel Pasal. A Camp Alagar statement on Tuesday quoted police regional director Chief Supt. Timoteo Pacleb as saying that Goaynon and Udarbe “were arrested at Barangay Patag by virtue of a court-issued arrest warrant according to our records.”

But Musni said the arrest warrant cannot be used because Goaynon has nothing to do with that case. While a warrant of arrest had been issued against Udarbe, Musni said, it was already served and he (Udarbe) already bailed out.

“Kana nga warrant, na-serve na kana ug naka-bailbond na siya (Udarbe) samtang si Goaynon, walay labot sa maong warrant. Wala iyang ngalan sa maong warrant,” Musni said.

Musni said authorities committed many violations and went against the Miranda Doctrine.

“Kay unang una, sa dihang gidakop sila, wala sila hatagig panahon nga makatawag sa ilang pamilya, sa sa iyang abogado aron ilang  mapahibalo nga gidakop sila. Ika duha, gidakop sila nga wala sila i-inform sa arresting officer unsay ilang kaso,” Musni pointed out. “Nasupak pud nila ang katungod sa duha sa dihang giabot pag 30 ka oras ayha pa nila gipahibalo nga gidakop nila sila.”

Aida Ibrahim, a member of the human rights watchdog Karapatan, said it took over 24 hours for authorities to reveal that Goaynon and Udarbe were arrested and then detained at the CIDG.

Ibrahim noted that reports about the “disappearance” of Goaynon and Udarbe since Monday made many people worry for over a day.

“Nahibaw-an na lang namo kay dunay usa ka concerned citizen nga naka-text sa amo ug nag-inform kanamo nga dunay duha ka tawo nga gidakop diha sa crossing sa Camp Evangelista sa Patag nga nagsakay og jeepney,” Ibrahim said.

Michael Pineda, spokesman of the group Kalumbay, called on the CIDG to release Goaynon and Udarbe from detention.

Pineda said his organization and other groups of activists suspected that Goaynon and Udarbe’s arrest was meant to scare them and other street parliamentarians into silence.

The prosecutor’s office here gave Goaynon and Udarbe 10 days to submit their counter-affidavits. The two signed a waver during the  inquest proceedings yesterday.