UPDATE (Philippines): Activist killed along with her husband after surviving an earlier attempt on her life 

[RE: UA-096-2006: PHILIPPINES: Activist killed and an attempt made on another’s life; UA-101-2006: PHILIPPINES: Two more activists killed in Bohol and Tarlac; FA-007-2006: PHILIPPINES: A picture of the human rights situation in the Philippines in 2005]
———————————–
PHILIPPINES: Extra-judicial killing; violence against activists and their families; absence of protection for activists in grave danger; complete collapse of rule of law
———————————–

Dear friends,

The Asian Human Rights Commission (AHRC) writes with extreme shock that Elena Mendiola a.k.a. Baby, an activist who survived an attempt on her life on 10 March 2006 (please see our previous appeal: UA-096-2006), and her partner Ricardo Balauag have been killed. Elena suffered a gunshot wound to her head while Ricardo was shot in the head and body when armed men attacked them in Barangay (village) Garit, Echague, Isabela on May 10.

It is reported that although there are witnesses in Elena and Ricardo’s killings they are too afraid to testify out of fear for their lives because of the lack of protection. While local police may have conducted investigations into this case, given the witnesses’ reluctance to cooperate, there are concerns that the police investigation may not be effective and may not produce conclusive findings. This would of course make it extremely difficult to effectively prosecute the perpetrators in court.

The killing of Elena, who was the secretary general of Bayan Muna (People’s First), and Ricardo is yet another example where the denial of protection led to death. Although there is a law that provides protection for witnesses and families of the dead, called the Witness Protection, Security and Benefit Act (RA 6981), the Department of Justice (DoJ) is failing to effectively implement it. The AHRC has previously raised concerns regarding this and has called on the government to remedy the situation. (Please see our previous statements: AHRC-OL-002-2006; AS-74-2005).

Take the case of another Bayan Muna leader Florante Collantes in Tarlac who was killed in Barangay (village) Tuec, Camiling, Tarlac on 15 October 2005. (To see the list of leaders killed please see: FA-007-2006) A reliable source said a witness could identify the gunmen and is willing to cooperate once they are afforded with adequate protection. They fear they could also be in danger once they are exposed. Despite the extreme danger they are facing, Collantes’ wife Adelia and her daughter Mary Ann are forced to live in their house as they have no choice but to stay because their livelihood is there.

Although the provincial government is aware of this situation, in particular Governor Jose Yap of Tarlac province, no adequate intervention was taken to ensure the witnesses and family’s protection. Governor Yap is also avoiding responsibility when asked whether the province could temporarily assume responsibility to provide for their security and protection. He argued that is it the job of the DoJ not the local government. No offers were even made to provide them sanctuary or to assist them to apply for security and protection to the DoJ.

This is also similar in the case of Tirso Cruz, a labour union leader in Hacienda Luisita who was killed in Barangay (village) Pando, Concepcion, Tarlac. (Please see our previous appeal: UA-101-2006). Cruz’s father Federico (60), has disclosed that days after his son’s killing he was informed that there was a death threat and plot on his son’s life. The person who could have identified the person who made the threat, however, is reluctant to cooperate with the victim’s family for fear that they too could be in danger once they are exposed. To date, no one has been charged in connection with Cruz’s killing.

ADDITIONAL COMMENTS:

Although the Philippine government, in particular the Department of Justice (DoJ) is aware of the urgent need to effectively and adequately implement with urgency the Witness Protection, Security and Benefit Programme, the effort to meet this objective is completely negligible. The families of the dead and the witnesses are also unaware as to how to apply and to where in order to avail of the security and protection services. This indicates that the programme is either not known to the public or they have lost faith that it will work.

As State party to the International Covenant on Civil and Political Rights (ICCPR), the government is also failing to comply with the concluding observations of the Human Rights Committee dated 1 December 2003. In it paragraph 8 (a) states that the Commission has recommended the State: “should adopt legislative and other measures to prevent such violations, in keeping with articles 2, 6 and 9 of the Covenant, and ensure effective enforcement of the legislation”.

On May 10, the Philippine government was elected as one of the members to the UN Human Rights Council. Prior to the Philippines being elected into the Council, the AHRC expressed serious concern about the Philippine government’s committment to ensure protection and respect for human rights that it claims to uphold. (Please see our statement: AS-076-2006). By failing to implement the concluding observations, the government’s commitment to human rights is questionable and must be acted upon.

SUGGESTED ACTION:

Please write letters to the concerned agencies listed below asking for their urgent intervention to ensure that the killing of Elena Mendiola and Ricardo Balauag is investigated. Also request the Department of Justice (DoJ) to ensure that potential witnesses to this case are afforded with adequate security and protection. The DoJ must likewise look into similar concerns for adequate security and protection to witnesses and families of the dead regarding the cases of activist Florante Collantes and Tirso Cruz who were killed in Camiling and Concepcion, Tarlac respectively.

 

To support this case, please click here: SEND APPEAL LETTER