SC grants writ of amparo to kin of missing detainee

The Supreme Court (SC) En Banc on Tuesday granted the privilege of a writ of amparo to the family of an individual who went missing after he was detained for theft.

The high court ruled that failing to conduct a proper and thorough investigation in cases of enforced or involuntary disappearance violates or threatens a person’s right to life, liberty, and security.

“Investigations must be serious and effective, not just a mere formality,” the SC Public Information Office said in a statement.

According to the SC, the police station said they released the detainee the same day he was arrested.

The SC said the police presented a video of the individual signing a release logbook but they could not present  a footage of him actually leaving the station.

His family, however, never saw him again.

Due to this, the man’s family filed a petition for a writ of amparo as well as a production order against the police with a regional trial court (RTC).

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The RTC issued a writ of amparo and directed the police to file a verified return.

For its part, the police said that the family failed to prove that they were responsible for the disappearance or that they withheld information on his location. The police later accompanied them to the city hall, where they obtained a video of the man getting on a tricycle.

However, the individual’s family said that the video was blurry. The SC said two witnesses also did not see the man leaving the police station.

The RTC later denied the privilege of the writ of amparo.

For its part, the SC reversed the ruling, finding that the police failed to exercise the extraordinary diligence required.

The SC ordered them to produce all relevant documents and materials connected to the case. It also ordered the Philippine National Police, the National Police Commission, and the Department of the Interior and Local Government to investigate the disappearance.

The SC said the case was remanded to the RTC.

“It is the duty of all States, under any circumstances, to make investigations whenever there is a reason to believe that an enforced disappearance has taken place on a territory under their jurisdiction and, if allegations are confirmed, to prosecute the perpetrators,” it said. — BAP, GMA Integrated News