PHILIPPINES: Daughter of rearrested and falsely charged torture victim writes about her ailing father
(Hong Kong, September 6, 2013) Sylvia Patricia Sarmiento, daughter of torture victim Aristedes Sarmiento, writes about
her father, and how she and her family, have struggled because of her father's torture and repeated arrest and detention
on false charges. She wrote this in an article which she shared with the Asian Human Rights Commission.
Sylvia, now a law student, is no stranger to jails and detention centres. In fact, she herself was born in jail when
Aristedes and his wife, Laura, were arrested for opposing Marcos' dictatorial rule in 1982. At that time, her parents
organized coconut farmers to challenge the Coco Levy Fund, a fund illegally collected by imposing tax on coconut
farmers. The fund was exploited by the Marcos cronies in the 70s and 80s.
Aristedes and his wife, Laura, in 2008. Photo: Workers' Assistance Center (WAC).
Aristedes has devoted most of his adult life in support of the coconut farmers. "His study and commitment in reclaiming
the coco levy fund, which is rightfully owned by small coconut farmers, made him become an easy target and prey to the
government's campaign of repression," Sylvia added.
During Marcos' time, Sylvia's parents were detained for a crime of subversion, a criminal offence that Marcos used to
suppress dissent. They are one of those hundreds of Filipinos imprisoned for challenging the repressive rule and corrupt
policies of Marcos.
After Sylvia was born in jail, her mother, Laura, was released from jail. "My mother was released after 5 months for
humanitarian reasons because she gave birth to me a month after her arrest," Sylvia writes. Her father, Aristedes, was
released after nearly two years in jail because of Marcos' draconian policies, the Presidential Commitment Order.
For decades, Aristedes committed himself in helping the coconut famers reclaim the taxes illegally collected from them
by way of Coco Levy Fund.
But in April 2006, Aristedes was again arrested with four other persons. For details: UA-143-2006. He was arrested on
charges that he and four of his co-accused were plotting to bring down the government of former President Gloria
Macapagal Arroyo. Aristedes and his four co-accuse disappeared for days after their arrest, they were held incommunicado
and were tortured in secret detention cells.
After two years, they were released from jail when the court exonerated them from the allegations of rebellion the
police and soldiers had filed. In July 2008, the Commission on Human Rights (CHR) concluded they had been tortured, and
provided them financial assistance; however, no compensation was given to them for the torture and detention that they
have suffered. None of their torturers were punished.
After Aristedes's release from jail in August 2008, he was diagnosed to have suffered illness affecting his arms and his
back resulting from his two years in jail, and from the torture he suffered. His release was not to be his last.
In July 16, 2013, Aristedes was arrested again based on fabricated charges of murder. He is accused as one of those who
had killed a policeman on January 30, 2011 in Atimonan, Quezon. For details: AHRC-STM-164-2013. More than 50 heavily
armed police and soldiers arrested him in Lucban, Quezon where he was doing community work.
After Aristedes' release in 2008, he has since been working as a freelance political and agricultural consultant for
various non-governmental organizations (NGOs), farmers' organization, and also politicians. Therefore, because of the
nature of his work and the frailness of his body due to illness, it could not have been possible for him to be involved
in perpetrating ambuscades.
In her appeal Sylvia calls for the release of her father: "For 31 years, our family has been and still is a victim of
this oppressive system. We condemn this harassment by the State once again brought upon us. My entire family, together
with the masses, call for the immediate release of my father."
The AHRC is publishing the full text of Sylvia's article below.
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The struggle through time
"Individual freedom is too basic, too transcendental and vital in a republican state, like ours, to be denied upon mere
general principles and abstract considerations of public safety." Chief Justice Roberto Concepcion
On October 9, 1982, at the height of the human rights violations during martial law, my parents, Aris and Laura
Sarmiento, were arrested by armed men from the 232nd Philippine Constabulary for the alleged crime of subversion. They
were active in organizing coconut farmers due to the oppressive and controversial Coco Levy Fund. My mother was released
after 5 months for humanitarian reasons because she gave birth to me a month after her arrest. It was on March 15, 1984
when the said case was dismissed by the Gumaca Regional Trial Court (RTC) through the late Judge Andres C Regalado.
However, my father was released from detention only on July 11, 1984 because my parents slapped with a Presidential
Commitment Order (PCO).
On April 28, 2006, my father, together with 4 other colleagues, was abducted by more than 60 heavily armed elements of
Philippine National Police (PNP) and Armed Forces of the Philippines (AFP) and held incommunicado for 7 days in various
military camps and safe-houses. They were collectively known as the Tagaytay 5 and were wrongfully charged with the
crime of rebellion. My father was a freelance political and agricultural consultant for various Non-Government
Organization (NGOs), farmers' organization and politicians. After our battles in and out of the court, the said case was
dismissed 2 years and 4 months later.
Upon release, he was diagnosed with maladies that affected his arms and back which sustained during his 2-year
incarceration and torture in 2006 – 2008. He constantly needs medication and therapy to lessen his pain and to keep him
productive.
On July 16, 2013, his productive development work was once again rudely interrupted when he was arrested by more than 50
armed men of the PNP and AFP in Lucban, Quezon. My father is serving as development consultant to various local
government officials to be able to provide for our family and to sustain the medication for his illness. He is now
charged with Murder at the Regional Trial Court of Gumaca, Branch 62 in Quezon Province. The state uses this crime to
connect him again to the Communist Party of the Philippines and the New People's Army. He has become the veritable
visible suspect. Since the day of his arrest, he has been brought to 4 different detention centers already, namely
Lucban Police Station in Quezon, Camp Vicente Lim in Canlubang, Laguna, Quezon District Jail in Lucena City, Quezon and
finally, Camp Bagong Diwa in Bicutan, Taguig.
Social injustice still prevails and the struggle against it continues. When the State runs counter to the doctrine of
Salus Populi Est Suprema Lex (the welfare of the people is the supreme law), the social obligation to resist arises. His
study and commitment in reclaiming the coco levy fund, which is rightfully owned by small coconut farmers, from the
hands of Eduardo "Danding" Cojuangco Jr. and his nephew Benigno Aquino III made my father target and easy prey to the
government's campaign of repression. Even with his illnesses, my father stands against suppression, harassment and human
rights violations being done by the element to the State to the poor people of this country.
We urge the President, Benigno Aquino III, to effect the immediate release of Aris Sarmiento as well as the other
political detainees. As the son of the martial law regime's foremost political detainee, he must have known and felt the
hardship that this traumatic experience brings on the detainee and the family.
The time is indeed testing us. For 31 years, our family has been and still is a victim of this oppressive system, thus
we condemn this harassment that the State once again brought upon us. My entire family, together with the masses, call
for the immediate release of my father. And united with the families of the other political detainees, we insist for the
freedom of all political prisoners!
ends