Dear friends,
The Asian Human Rights Commission (AHRC) deeply regrets to inform you that two more activists have been killed in separate incidents. On April 5, Florencio Cervantes (27) was killed inside his house in Barangay (village) Sta. Cruz, Rosario, Agusan del Sur. His wife Elsa and their three children were able to escape when the armed men shot him. On April 15, activist Rico Adeva was murdered in front of his wife Nenita in Talisay, Negros Occidental. Adeva and his wife were on their way to the town proper when attacked by armed men. Adeva was a land rights activist deeply involved with the peasants struggle for land reform.
According to a report from Karapatan (Alliance for the Advancement of Peoples Rights), Florencio and his family were sleeping when, at around 2am, armed men clad with bonnets forcibly broke in and started shooting at Florencio. Florencios wife Elsa fought with the attackers by grabbing their rifles to prevent them from shooting their children who were lying beside her husband. While Elsa was struggling with the attackers, Florencio told her to escape and to take their children with her. While escaping, Elsa and her children came across five accomplices of the attackers who were attempting to block their way. They also noticed several armed men in plain clothes cordoning their place. Elsa and her children heard several gunshots coming from the house as they were escaping.
After the attackers later left in their two service vans, the victims neighbours started coming out from their houses. Elsa and her children then also returned. She saw that her husband was seriously wounded and dying. Florencio had suffered 47 gunshot wounds to his body.
An hour later, two vans carrying armed men in complete military uniform arrived. They started asking the victims family and villagers what had happened. After taking pictures of the victim and his house, the military men left. The crime scene has reportedly not been adequately investigated.
On 7 April 2006, Sun Star Davao, a local newspaper reported on the killing of Florencio. In the report, they mentioned that Florencio was caught in crossfire during an encounter with the New Peoples Army (NPA) and elements of the 36th Infantry Battalion, Philippine Army, led by Captain Bungcarawan. The report clearly contradicts the victims familys version that he was murdered.
This is yet another case wherein the military men involved in incidents of massacre and extra-judicial execution of civilians are claiming that the victims are casualties of either encounter or cross fire. (Please see our previous appeals related to these incidents: FA-06-2005; UA-48-2005; UA-72-2005).
During the 2004 elections, Florencio was an active supporter of the political party Bayan Muna (People First). He was also vocal on various issues regarding peasants in his community. He also served as a member of the lay organisation of their parish church.
Meanwhile, on 15 April, Rico Adeva and his wife Nenita were on their way to the town proper of Talisay in Negros Occidental when attacked. It was around 4pm when the couple was passing through the Imbang River when three men, wearing jackets armed with .45 caliber pistols, blocked their way. Rico was shot after they were told to turn their backs and lie down with their face to the ground. He suffered seven gunshot wounds in the head, ears, hands and torso.
In a statement by the Partnership for Agrarian Reform and Rural Development Services Inc. (PARRDS), a coalition of local non-governmental and peasant organisations, they quoted Nenita as saying that Ricos murder was prompted by his involvement in the struggle for agrarian reform. He was a staff member of the Task Force Mapalad (TFM), an agrarian non-governmental organisation assisting peasant beneficiaries of the Comprehensive Agrarian Reform Programme (Carp) to claim lands awarded to them.
The murders of Florencio and Rico demonstrate yet another failure by the Philippine government to ensure the protection of activists and their families. In past similar cases the police authorities have failed to reach any conclusive findings in most instances to identify and effectively prosecute the perpetrators due to the absence of credible witnesses. Most of the witnesses and families of the dead have refused to cooperate for fear of their life. The implementation of the Republic Act 6981, an Act for Witness Protection, Security and Benefit the existing law, is completely inadequate. The witness protection programme in the country is completely ineffective. (Please see our previous appeals on this: UP-156-2005 and AS-74-2005).
Even though the government, in particular the Department of Justice (DoJ) and the Commission on Human Rights of the Philippines (CHRP) are aware of the urgent need for an effective witness protection programme and method of investigation, they have failed to recommend or initiate measures to meet this objective. (Please see our previous statements on this: AHRC-OL-002-2006; AS-126-2005).
SUGGESTED ACTION:
Please write letters to the agencies below asking them to ensure an impartial and effective investigation into the murder of Florencio Cervantes and Rico Adeva. The victims families must be afforded with adequate protection and security once the investigation commences. Regarding the case of Florencio, the military official concerned and his men must be investigated to answer to the allegations made against them. Immediate sanctions must be imposed upon them if the investigation reveals a probable cause.
Finally, please request the Philippine government, in particular the Department of Justice to take steps to ensure that the RA 6981 is effectively implemented. They must recommend pro-active measures that would respond with urgency to the need for security and protection for the families of the dead and witnesses.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
PHILIPPINES: Two more activists killed
Case 1:
Name of the victim killed: Florencio Perez Cervantes (27), a resident of Barangay (village) Sta. Cruz, Rosario, Agusan del Sur, Mindanao. He had three children. He was also a member of their Barangay Council
Name of victims harassed: His wife Elsa and their three children.
Name of alleged perpetrators: Elements of the 36th Infantry Battalion, Philippine Army, led by Captain Bungcarawan
Place of incident: Inside the victims house in Barangay Sta. Cruz, Rosario, Agusan del Sur
Time and date of incident: 5 April 2006 at 2am
Case 2:
Name of the victim killed: Rico Adeva (39). He was a staff member of the Task Force Mapalad (TFM).
Name of victim harassed: His wife Nenita.
Name of alleged perpetrators: About three armed men
Place of incident: Imbang River, Talisay, Negros Occidental
Time and date of incident: 15 April 2006 at 4pm
It has come to my attention that two more activists, namely Florencio Cervantes and Rico Adeva were killed in separate incidents. On April 5, Florencio was murdered inside his house in Rosario, Agusan del Sur. His wife Elsa and their three children were able to escape from their attackers. On April 15, Adeva was murdered in front of his wife Nenita in Talisay, Negros Occidental.
According to the information I have received, Florencio was sleeping together with his wife Elsa and three children inside their room when the armed men clad in bonnets forcibly broke in and repeatedly shot him. Elsa and her children were able to escape by running outside their house after she fought with their attackers. Florencio suffered 47 gunshot wounds to his body. I have learned of the announcement made by elements of the 36th Infantry Battalion, Philippine Army, that the victim was killed in crossfire. Such claims are totally unacceptable in the absence of an adequate investigation to look into the allegations that he was murdered.
I urge you to have Captain Bungcarawan and his men investigated to answer to the allegations made against them. The allegation of the victims family that he was murdered must be looked into. Attempts made on the life of Florencios wife Elsa and their children must likewise be investigated. Immediate preventive suspension and sanctions must be imposed upon the military men involved. If it is proven that the victim was murdered, appropriate charges must be filed in court against the military men involved.
Meanwhile, I have also learned that on April 15 Rico Adeva was murdered in front of his wife Nenita. Rico and his wife were crossing the Imbang River on their way to Talisay, Negros Occidental when three armed men blocked their way. Rico was shot several times after he and his wife were ordered to turn their backs and lie down with their face to the ground. Rico suffered seven gunshot wounds to his body. Although Nenita was not harmed, I am deeply concerned she may have suffered severe trauma.
I hold grave concerns for the alarming level of violence perpetrated against activists and their families in your country. I am extremely shocked by the governments failure to ensure the protection of activists and to take effective measures to remedy this situation. It is frightening that activists are being killed in front of their families, and yet the police authorities have been unable to reach any conclusive findings to identify and effectively prosecute the perpetrators. Further, the families of the dead and witnesses have been denied the possibility of government-sponsored witness protection and security due to the ineffective implementation of the RA 6981.
I urge you to commence an impartial and immediate investigation into Florencio and Ricos murders. The Department of Justice (DoJ) must ensure the victims families are placed in the witness protection programme once the investigation commences. Appropriate compensation and assistance must also be afforded to them. Appropriate counseling must also be afforded to the victims families to ensure their recovery, in particular to Florencios children who may have suffered trauma.
Finally, I urge the DoJ and the Commission on Human Rights of the Philippines to take appropriate measures with urgency to ensure the effective implementation of the RA 6981. I am deeply concerned that although they are aware of the urgent need to ensure protection to witnesses and families of the dead their efforts to meet this objective has been negligible. An effective and functioning witness protection programme is a precondition to an investigation and prosecution.
I would like to remind the Philippine government of its obligations under the International Covenant on Civil and Political Rights (ICCPR), in particular regarding the right to life of its citizens. The 1987 Constitution likewise stipulates the protection from arbitrary deprivation of life. The government must take genuine action to implement effective measures to ensure the protection of rights it claims to uphold.
I trust that you will take action in this case.
Yours sincerely,
——————-
PLEASE SEND YOUR LETTERS TO:
1. Ms. Purificacion Quisumbing
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Tel: +63 2 928 5655 / 926 6188
Fax: +63 2 929 0102
Email: drpvq@chr.gov.ph
2. P/DIR Gen. Arturo Lumibao
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763
3. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
Email: sechbp@infocom.com.ph
4. Gen. Generoso Senga
Chief of Staff
Armed Forces of the Philippines (AFP)
Armed Forces of the Philippines General Headquarters Offices (AFP-GHQ)
Camp General Emilio Aguinaldo
Quezon City
PHILIPPINES
5. Mr. Orlando Casimiro
Deputy Ombudsman for the Military and
Other Law Enforcement Offices
3rd Floor, Ombudsman Bldg., Agham Road
Diliman (1104) Quezon City
PHILIPPINES
Tel: +632 926 9032
6. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Attn: Melinda Ching Simon
Room 1-040
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
E-mail: MChingSimon@ohchr.org
7. Mr. Jacob Egbert Doek
Chairperson
Committee on the Rights of the Child
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9022
8. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
c/o Ms Lucinda O’Hanlon
Room 3-042
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
E-mail: lohanlon@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
