kept pleading for them to stop, but they did not listen.
“Instead of being killed, I was tortured and then transferred to a police station.
There I was forced to sign a confession that I was a member of the NPA,” says
Randy.
It was during this time that staff from rehabilitation centres in the Philippines –
BALAY and the Medical Action Group (MAG) – visited Randy to explain to him how
the state had infringed his rights. Initially Randy did not want to pursue justice. In
the experience of the rehabilitation centres, a lack of knowledge of their rights and
legal processes, and fear of reprisals, are some of the most frequent reasons why
victims often do not pursue justice.
“Initially I wanted revenge,” says Randy. “I even considered actually joining the New
People’s Army to find my torturers and to punish them for what they had done.”
With guidance from BALAY and MAG, Randy’s vengeance subsided and he was
encouraged to mount a case. Randy’s bail was paid and he was moved to a secure
location.
“The experts who visited me in prison helped me understand how legal proceedings
can have positive effects for me and for other torture survivors,” Randy explains.
“Filing a case against the soldiers who tortured me was a vital step in my recovery
process. I felt the need to file a case not only for my own benefit but also for other
victims.”
Legal processes can entail trauma – not only must the torture survivor relive their
experience in a different setting, but many torture victims find the court’s attitudes
regarding care towards the victim is often negative. It is something Randy noticed
throughout the court proceedings. “The events are still fresh in my mind. I cannot
forget it and I can recall all of the details,” he says.
In 2011, the prosecutor found probable cause in the torture case filed by Randy
and released warrants of arrest against the two soldiers. However, by the time
the warrants of arrest were released, the two soldiers had been transferred to a
different unit. There were several attempts to locate the soldiers to no avail.
Then in 2012 the criminal case filed against Randy came to a resolution. He
was sentenced to be imprisoned for three and a half years. The court favoured
the soldiers’ testimonies and considered that he had been arrested as part of a
legitimate operation. Randy and his relatives’ testimonies were given less credibility
and considered inconsistent.
18
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