Metro Manila (CNN Philippines) — Three soldiers have been recommended for charging in a general court martial for the alleged rape of a lumad (indigenous) minor in Davao del Norte.
The company commander of the three soldiers have also been recommended for administrative sanction for not promptly intiating an investigation on the matter, which is in violation of the policy of “commander’s responsibiity.”
In a statement sent to media on Sunday (September 13), Maj. Gen. Rafael C. Valencia said the 10th Infantry Division, which he commands, conducted its own investigation despite the absence of a formal complaint from the alleged victim.
“Even in the absence of a complainant, the Army has the obligation to ensure that our soldiers act accordingly and decisively as required by existing AFP laws, regulations, directives or policies,” Valencia said.
The 10th Infantry Division is based in Mawab, Davao del Norte.
Army investigators, he added, based their findings on the information given by Municipal Social Welfare and Development Officer of Talaingod, Davao del Norte and the affidavits submitted by the concerned personnel.
The soldiers, whose names are still being withheld, denied the accusation against them. But, according to Valencia, the investigators found other details that would give them a prima facie case against the soldiers for violating Article of War 97, or “conduct of a nature that brings discredit upon the military service.”
The statement, issued by the Public Affairs Office of the Army, did not mention the name of the company commander.
For his part, Lt. Gen. Eduardo Año, the Army chief, said: “The immediate release of the findings of our Board of Inquiry is a manifestation that we are serious in addressing the human rights issues and other cases against our personnel. Our Army troops must and will always abide with the highest standards of human rights, IHL [international humanitarian law], and the rule of law.”
The Western Mindanao Command, which has jurisdiction over the unit of the suspects, announced the probe in statement issued last Thursday (September 10).
According to that statement, Lt. Col. Alfredo Patarata, acting chief of the Army Human Rights Office, said three soldiers had been placed under the custody pending the results of the probe.
