A/HRC/13/42*
page 176
February 2009, Mr. Makhtal was allowed to meet with family members for the first time since
his initial detention in Kenya.
Judicial proceedings
He was initially brought before a military tribunal which declared him an unlawful combatant.
He had no access to counsel during this time. Formal charges were filed after July 2008. On
22 January 2009, his case was transferred to a civilian court. He was tried before the High
Court of Ethiopia, and finally gained access to a lawyer. The Canadian authorities and NGOs
monitored the trial and reported procedural irregularities that amounted to an unfair trial.
Mr. Makhtal was unable to meet regularly with his lawyer and prohibited from meeting in
private. He and his lawyer were not sufficiently advised about the charges as the case was
partially disclosed at the last minute. His lawyer was not permitted to cross-examine
prosecution’s witnesses or call any in his client’s defence. On 27 July 2009, Mr. Makhtal was
convicted on terrorism related charges - inciting rebellion by aiding and abetting the Ogaden
National Liberation Front (ONLF), an armed opposition group in the Somali region of
Ethiopia; being a senior member of the ONLF; and involvement in training of ONLF
members. On 3 August 2009, he was sentenced to life imprisonment. He has appealed his
conviction and sentence.
Date of release
Not applicable, he was in prison at time of the interview.
Additional Information
His relatives were also arrested and detained for some period of time. His wife was not
permitted to visit or have direct access to her husband until the trial commenced.
* Information contained is from an interview with the interviewee’s legal representative,
Mr. Lorne Waldman, and other credible sources.
Case 17 - Biographic details
Name
Mr. Raymond Manalo*
Nationality/country of origin
Philippines
Gender
Male
Detention
Date of initial detention
14 February 2006
Location of the detention
Abducted from his home in Buhol na Mangga, San Ildefonso, Bulacan, The Philippines
Grounds of initial detention
He was never brought before a judge or otherwise formally notified of the reasons for his
detention. The interrogations he was subjected to, however, made it clear that he was accused
of being a member of the New People’s Army (NPA), an insurgent group listed as terrorist
organization by some Governments.
The authority(ies) involved in the detention
The Armed Forces of the Philippines (AFP) personnel with assistance of CAFGU (Citizens
Armed Forces Geographical Unit) auxiliaries.
Total period of detention
18 months (from 14 February 2006 until 13 August 2007)
Duration of secret detention
Entire period of detention
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