Human rights groups decried the abduction and arrest in Basilan of two Moros, one of which has yet to be surfaced by alleged state agents. Human rights group Karapatan said that these two incidents are proof that despite the enactment of the Anti-Enforced Disappearance Act of 2012, the practice of enforced disappearances continue.

In a statement, Karapatan said that Sheikh Bashier Mursalum, a Muslim scholar, was abducted last January 22 and remains missing as of posting time. Meanwhile, last January 24, Muin Kahal Hamja was abducted in his home in front of his wife, only to be presented two days later to the media by the Philippine National Police as an alleged mid-level Abu Sayyaf leader with a P600,000 reward for his capture.

Muin’s wife Jermalyn Hamja told Kawagib, a Moro human rights group, that five masked and heavily armed men entered their home in Bgy. Kumalarang,
Isabela City at around 2:00 a.m and abducted his husband. The men did not identify themselves and threatened to hurt Jermalyn if she tried to follow.

Jermalyn complained that when she went to the PNP headquarters in Basilan and Region 9, both denied that they had him.

Human rights groups and the Hamja family questioned the arrest and accused police of cashing in on the reward system. “They always rehash the cases against Muin just so they can continue to rake in profit from the reward system,” Kawagib stated.

In media reports, Muin was arrested by virtue of warrant of arrest issued by the Isabela City regional trial court for kidnapping cases.

But Jermalyn said that her husband was already arrested several times by the police and found innocent. The first arrest was during the crackdown in October 2001, together with his brother and nephew, but he was released later for lack of evidence. The second arrest was on April 24, 2004, even after he was issued a safe conduct pass by the Military Intelligence Group in Region 9. The safe conduct pass, a copy of which was sent to the media, was issued on February 24, 2004 by Lt. Col. Aminkadra S. Undug, group commander of MIG-9.

Kawagib added that Muin’s brother Muhammadiya Hamja, who was abducted  with him last 2001, was tortured and imprisoned for four years at Camp Bagong Diwa in Taguig City. He was acquitted and released in 2005. However, he was abducted again in 2008 and went missing for three days until his son found him at one of the offices of the Criminal Investigation and Detection Group, handcuffed and tortured.

Muhammadiya is currently detained at the Basilan Provincial Jail due to the warrant issued by Judge Leo Jay T. Principe of RTC Branch 1 of Isabela City. Kawagib and the Hamja family have been asking the Department of Justice and the Commision on Human Rights to investigate his case.

Meanwhile, as of posting time, Mursalum is still missing.

“This poses a challenge to the law against enforced disappearance and to the Aquino government to prosecute those who abducted and detained them. The law seems brave enough to make state agents criminally liable for the act of enforced disappearance but we have yet to see its enforcement,” said Cristina Palabay, Karapatan secretary general.