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Day Of The Disappeared: Kidnapping And Torture Victims Seek Justice

Melissa Roxas

First Posted: 08/31/11 05:13 PM ET Updated: 10/31/11 06:12 AM ET

LOS ANGELES -- In May 2009, Filipino-American Melissa Roxas was allegedly beaten, kidnapped and tortured by unidentified members of the army in her native Philippines.

“I thought my death was inevitable,” recalls Roxas.

Now she is demanding justice. This Tuesday, on the International Day of the Disappeared, a commemorative day designed to draw attention to the plight of kidnapping and torture victims in Latin American countries and elsewhere, she asked the United Nations to intervene, calling for the investigation of 39 cases of “forced disappearances,” including her own, during the regime of former President Gloria Macapagal Arroyo.

Roxas is not alone. In 1986, Rossana Perez escaped her native El Salvador during its civil war. She was imprisoned, raped, beaten and tortured repeatedly until she was able to flee to the US with her 18-month-old daughter. Her husband, Rodolfo Aguilar, a university professor who helped field workers and teachers build democracy in their country, disappeared. Aguilar is presumed dead, but his body has never been found.

Marvyn Ivan Perez, a Guatemalan man who is not related to Rossana Perez, disappeared in his home country in 1982, during the repressive regime of former de facto President Efrain Rios Montt. Allegedly tortured after his disappearance, Perez eventually sought asylum in the United States.

Roxas, Perez, and Perez, all now American citizens living in Los Angeles, are trying to heal the wounds and scars that remain.

With the help of the Program for Torture Victims (PTV) in Los Angeles, they have begun to recuperate, both physically and psychologically. The organization also helped them obtain citizenship, enabling them to become defenders of the rights of women, immigrants, and refugees.

Roxas, 33, advocates for health care rights for low-income people in Los Angeles. Marvyn Perez, 45, is a medical provider who also advocates on behalf of immigrants, and Rossana Perez, 52, works with children traumatized by violence at the Children’s Institute in Los Angeles.

All three share the same goal of helping the victims of forced disappearance, abduction, and torture.

“Ours weren’t isolated incidents. Abductions and torture persist in many Latin American countries and throughout the world,” Marvyn Perez said. “Thanks to the United States, I can share my story.”

“In the last 30 to 40 years, torture has propagated like a disease sweeping the world," he added.

The U.N. prohibited the use of torture in 1987 and in 2007, 60 nations ratified the International Convention on Forced Disappearance. As part of an initiative by the Latin American Federation of Associations for Relatives of the Detained-Disappeared (FEDEFAM), August 30 is commemorated in many countries each year as the International Day of the Disappeared.

Benjamin Schonbrun and Victoria Don, Roxas' lawyers, have filed an appeal before Juan Mendez, the U.N. Special Rapporteur on Torture, in Geneva, Switzerland. They are urging the government of Philippine President Benigno Aquino III to investigate Melissa's case and 38 others like it.

Roxas said that in May 2009, while performing community health work, her 15 armed captors tried to force her to admit that she was a “terrorist” member of the rebel New People’s Army (NPA) fighting against the Philippine government. She said she and her two friends, Juanito Carabeo and John Edward Jandoc, were kicked, blindfolded and subjected to six days of torture.

"When I was freed, they warned me not to say anything to anyone," she said. "Otherwise, me and my family would face reprisals."

HuffPost LatinoVoices attempted to contact Philippine Consul General Mary Jo Bernardo Aragon to comment on Roxas' allegations, but she has not responded.

PTV cofounder and clinical director Ana Deutsch says Roxas' story is a familiar one. "Torture continues in diverse parts of the world, and the governments don’t do enough to try and prohibit it," she said. "Those who order and sanction it should be punished."

Julie Gutman, executive director of PTV, told HuffPost that in its 30 years of operation, the group has helped reconstruct the lives of torture survivors in more than 65 countries.

In 2009 and 2010 alone, PTV helped 305 victims of kidnapping and torture -- 52 percent of them men, 44 percent of them women and 4 percent of them transgender.

“Throughout history, it has been men like Marvyn, or women like Melissa and Rossana, who have sought out freedom, democracy and dignity,” Gutman said. “They demand justice.”

Marvyn Perez recalls that he was only 14 when he was first jailed on May 29, 1982, by Guatemalan military police.

“They blindfolded me, and I was beaten about the body and burned with cigarettes,” Perez said. He was set free June 9, 1982, and fled his country in secret. Seven years later, in 1989, the U.S. government granted him political asylum.

“Many people vanished, were tortured, murdered or forced into exile. Lots of them found refuge in Mexico,” said Perez.

In 1986, Rossana Perez was a university student who helped Salvadoran farm workers and teachers learn about democracy, even as her country was drowning in the blood of civil war. Shortly after her husband went missing in the middle of the night, the ‘death squads’ arrived for her, she said.

She was blindfolded, bound and separated from her daughter. “They stripped me nude by force and beat me,” she recalled. "I was continuously tortured while imprisoned.”

In January 2010, Salvadoran President Mauricio Funes apologized on behalf of the state for the grave human rights violations committed by government agents during the civil war, which lasted from 1980 to 1992, and announced the creation of a reparations commission for the victims.

One year later, in January 2011, the Salvadoran Legislative Assembly approved an amendment to the penal code that declared torture a crime against humanity and increased the penalty for the crime from six to twelve years in prison.

“The acknowledgement and respect for human rights are part of the fundamental new politics of the Salvadoran government,” Hector Silva Avalos, a spokesman for the Salvadoran Embassy in Washington, told HuffPost.

“We are seeing initiatives come to fruition to dignify the victims of atrocities committed by the state during the civil war,” he said.

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LOS ANGELES -- In May 2009, Filipino-American Melissa Roxas was allegedly beaten, kidnapped and tortured by unidentified members of the army in her native Philippines. “I thought my death was in...
LOS ANGELES -- In May 2009, Filipino-American Melissa Roxas was allegedly beaten, kidnapped and tortured by unidentified members of the army in her native Philippines. “I thought my death was in...
 
 
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Moxo
Our enemies are in the GOP.
11:00 PM on 09/01/2011
Moxo It is things like this that makes Dick Cheney very nervous.
posted Aug 31, 2011 at 18:37:30 Reply Link

Demos 0 From the U.N. "....torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person...."

The problem is the term 'severe'. How is that defined?

Where is the line you Moxo? You may not like the line bush drew but at least there was some consultation.

Also, the line YOU draw may sound like torture to some others here on H.P.

It's not as clear cut as one would think.
posted Aug 31, 2011 at 23:08:48
-------------------

This is MY definition of torture: If you won't allow someone to do it to your own child, then it is torture.
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HUFFPOST SUPER USER
Donns
07:28 AM on 09/01/2011
You want justice in a country where the secret police engage in the same activities, and in all probability were in contact with the people who did it to you? Hows that going to work for you?
03:50 AM on 09/01/2011
The journalist has failed to note one of the most important elements of this story, the fact that the tortures mentioned above, and other numerous cases, have occurred when all of these governments were under the indirect or direct control and influence of the U.S. By doing so he has absolved the U.S. government's culpability of horrendous crimes. The U.S. government's strategy on foreign policy during that period played an integral part in making kidnapping and torture so prevalent across Latin America and the Philippines as a political tool of dictators and ruling parties to oppress opposition and democratic sentiments. Many of the torturers were schooled at The School of the Americas, now respectfully called the Western Hemisphere Institute for Security Cooperation. I suggest reading Alfred W McCoy's "A Question of Torture" to understand better the above cases and many many more just like it.
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Joe Cass
Arm Me with Harmony
08:39 AM on 09/01/2011
2009 the U.S. was out of Phillipines.
09:34 AM on 09/01/2011
While Melissa Roxas' story is horrendous, THE story is not of the plight of one woman alone. It's that of torture and the International Day of the Disappeared. The period I'm referring to is the 80s when 2 of the other victims mentioned in the article were abducted. I highly suggest you read Alfred McCoy's book in any case because you'll see that the U.S. government's development of an international torture apparatus across Latin American and South East Asia starting in the 1950s and 60s is still an essential element to understanding what happened to Ms. Roxas.
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HUFFPOST SUPER USER
Rex Devious
If you don't vote, don't bitch
12:13 AM on 09/01/2011
Still waiting for a GOTP'er to explain how this, "at least kept the Philippines safe".
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HUFFPOST SUPER USER
Quinny
My micro-bio has been seized by the Feds
11:35 PM on 08/31/2011
Are you reading this...Dick?

Selah
03:44 AM on 09/01/2011
Ha! I was just about to write "Add Dick Cheney to that list" when I saw your comment, You beat me to it. :) F & F.
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Emmayonas
A liberal Christian.
08:20 PM on 08/31/2011
One man said on BBC that when a government disappears a person, it doesn't just take away that person's life but also his death. It is not like when political prisoners are executed. In that case, you know your loved one has died. But when someone you love is forcefully disappeared you live your life not knowing whether they are alive or dead.
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PrometheanSalvation
Bringing fire to cleanse the land.
08:01 PM on 08/31/2011
I wonder how long it will take for a Latin Spring? (Really a second wave, considering Che, and the following CIA/Corporate sponsored counter-coupe.) Time for the downtrodden of the world to realize the power they hold.
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07:28 PM on 08/31/2011
was she waterboarded?
07:03 PM on 08/31/2011
USA HAS KIDNAPPED AND TORTURED MORE PEOPLE THAN ANY OTHER NATION!
09:56 PM on 08/31/2011
YouDoNotKnowMuch
12:48 AM on 09/01/2011
yes that is my name and it concerns you. You should try and follow the news. 10 years of constant news that says I am right.
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Demos 0
You have all the weapons you need. Now Fight!
10:54 PM on 08/31/2011
citation please.
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06:54 PM on 08/31/2011
I'm so disappointed the the current folks in power have no intention of prosecuting the last group of torturers. This group is allowing some of the same stuff to continue. Human rights are so disposable when it's convenient and there is money to pay your way.
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07:10 PM on 08/31/2011
2013
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ruleoflaw66
And I'd opt out of 'fans' too if I could.
06:44 PM on 08/31/2011
This, while Obama uses 'State's Secrets' to avoid having administration officials testify in similar cases brought against our government here.

Justice, it seems, is truly only for the wealthy anymore.
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07:08 PM on 08/31/2011
All history starts with Obama.

LOL
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ruleoflaw66
And I'd opt out of 'fans' too if I could.
09:19 PM on 08/31/2011
Refute me, or sit down!

Glenn Greenwald
Tuesday, Apr 28, 2009 14:52 ET
Major defeat for Bush/Obama position on secrecy
By Glenn Greenwald

[updated below (interview with lead counsel Ben Wizner of the ACLU) - Update II - Update III (transcript of Wizner interview)]

The first sign that the Obama DOJ would replicate many of the worst and most radical arguments of the Bush DOJ was in the Jeppesen case, a lawsuit brought by five victims of the CIA's rendition and torture program (including Binyam Mohamed). The Bush administration had argued that the entire "subject matter" raised by the lawsuit (the rendition program) was such a gravely important "state secret" that the court could not consider any lawsuit relating to that issue. That argument was a by-product of one of the Bush DOJ's most controversial actions: its radical expansion of the "state secrets" doctrine. Whereas that privilege was once an evidentiary privilege enabling the Government to declare specific documents too secret to use in litigation, the Bush DOJ converted it into an all-purpose shield allowing them to have entire lawsuits dismissed even where the lawsuit alleged that the President's conduct was illegal.
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ruleoflaw66
And I'd opt out of 'fans' too if I could.
09:20 PM on 08/31/2011
By Glenn Greenwald

(updated below - Update II)

In a 6-5 ruling issued this afternoon, the 9th Circuit Court of Appeals handed the Obama administration a major victory in its efforts to shield Bush crimes from judicial review, when the court upheld the Obama DOJ's argument that Bush's rendition program, used to send victims to be tortured, are "state secrets" and its legality thus cannot be adjudicated by courts. The Obama DOJ had appealed to the full 9th Circuit from last year's ruling by a 3-judge panel which rejected the "state secrets" argument and held that it cannot be used as a weapon to shield the Executive Branch from allegations in this case that it broke the law. I've written multiple times about this case, brought by torture/rendition victim Binyam Mohamed and several others against the Boeing subsidiary which, at the behest of the Bush administration, rendered them to be tortured.
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onejamesp0000
08:32 PM on 08/31/2011
YOUR COMMENT IS SO FAR OFF BASE
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ruleoflaw66
And I'd opt out of 'fans' too if I could.
12:02 PM on 09/01/2011
THE TRUTH HURTS, DON'T IT?

Glenn Greenwald
Tuesday, Apr 28, 2009 14:52 ET
Major defeat for Bush/Obama position on secrecy
By Glenn Greenwald

[updated below (interview with lead counsel Ben Wizner of the ACLU) - Update II - Update III (transcrip­t of Wizner interview)­]

The first sign that the Obama DOJ would replicate many of the worst and most radical arguments of the Bush DOJ was in the Jeppesen case, a lawsuit brought by five victims of the CIA's rendition and torture program (including Binyam Mohamed). The Bush administra­tion had argued that the entire "subject matter" raised by the lawsuit (the rendition program) was such a gravely important "state secret" that the court could not consider any lawsuit relating to that issue. That argument was a by-product of one of the Bush DOJ's most controvers­ial actions: its radical expansion of the "state secrets" doctrine. Whereas that privilege was once an evidentiar­y privilege enabling the Government to declare specific documents too secret to use in litigation­, the Bush DOJ converted it into an all-purpos­e shield allowing them to have entire lawsuits dismissed even where the lawsuit alleged that the President'­s conduct was illegal.”
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Moxo
Our enemies are in the GOP.
06:37 PM on 08/31/2011
It is things like this that makes Dick Cheney very nervous.
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HUFFPOST SUPER USER
rlellis711
EMC(SW) Retired
06:46 PM on 08/31/2011
you have no life, do you. Dick Chaney, really??? Grow up
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Moxo
Our enemies are in the GOP.
06:58 PM on 08/31/2011
YOU may love the idea of torturing someone, but decent people aren't like you.
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HUFFPOST SUPER USER
boehnerstan
anti establishment is SO in
08:55 PM on 08/31/2011
If your'e going to insult someone, at least refrain from using well worn cliches'.
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Demos 0
You have all the weapons you need. Now Fight!
11:08 PM on 08/31/2011
From the U.N. "....torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person...."

The problem is the term 'severe'. How is that defined?

Where is the line you Moxo? You may not like the line bush drew but at least there was some consultation.

Also, the line YOU draw may sound like torture to some others here on H.P.

It's not as clear cut as one would think.
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THE GREAT PURIFIER
If you are going through hell, keep going.
06:23 PM on 08/31/2011
As a victim of three years of Wall Street's torture, I seek justice, too!
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AGooglyMinotaur
Ahh, Theseus. It appears you are out of thread.
06:23 PM on 08/31/2011
This is an incredible hardship and a horrifying struggle that is too often swept under the carpet. This even occurs in the developed world, in the U.S. and Europe. I hope this issue gets the attention it deserves, and that these women find whatever peace they can.

Sad...
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HUFFPOST SUPER USER
MarcEdward
likes all cats more than most people
06:05 PM on 08/31/2011
And American torturer Dick Cheney is walking free, giving interviews.