[RE: UA-72-2005: PHILIPPINES: Prosecutor’s inaction to file murder charges against military officers who killed two people; UP-130-2006: PHILIPPINES: Court judge delays issuance of arrest warrants to military men charged with murder; UP-211-2006: PHILIPPINES: Replacement of a prosecutor required; complaint filed against a judge for grave abuse, violation of code of conduct]
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PHILIPPINES: Extra-judicial killings; failure of the justice system; delays in serving arrests warrants; collapse of Rule-of-Law; immediate protection to complainants required
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Dear Friends,
The Asian Human Rights Commission (AHRC) is writing to inform you of the inexcusable delays in the arrests of a senior-ranking military sergeant and his accomplices who have been implicated in the brutal murder of Bacar Japalali and his wife Carmen in September of 2004 in Tagum City, Mindanao. Even though the warrants for their arrest have already been signed and issued by the Court Judge, it has been alleged that certain Court Officers have tried to suppress the arrest warrants. To see the details of the original case, please go to: UA-72-2005.
UPDATED INFORMATION:
According to the Task Force Detainees of the Philippines (TFDP) in Mindanao, the orders for the arrest of the accused persons were issued on 22 November 2006. Earlier on, when the TFDP and other complainants enquired about the Court’s issuing of arrest warrants for the accused, they were informed that they have yet to be issued by the Court Judge. Then, on December 8, when they enquired again, they were told that the Officer-In-Charge was on leave. When another follow-up enquiry was made on December 11, they were told that the arrest warrants had already been posted to the Municipal Police office in Mawab, Compostela Valley who would then carry out the arrests. This clearly shows that despite the fact that the Court Judge issued an Arrest warrant for the accused persons, proper procedure was not followed.
The urgency in effecting arrest by the police upon orders issued by the Regional Trial Court (TRC) is crucial in ensuring that the alleged perpetrators, Sergeant Serafin Jerry Napoles and his six accomplices, all Officers of the 404th Infantry Battalion of the Philippine Army (PA) are presented before the court without delay. To date, we have been unable to establish the arrest warrants have been served to the accused persons.
On the 22 November, the charges brought against the accused before the Court was amended from murder to homicide, and the number of accused perpetrators was drastically downsized from 31 to 7 (For background of this case, please read: UA-72-2005and UP-130-2006).
This took place on the recommendations of the Office of the Ombudsman for the Military and Other Law Enforcement Offices (MOLEO).
The issuing of the arrest warrant by the Courts took considerably longer than the normal course of procedure, as the Court was adamant that charges be filed against the full list of the 31accused Military Officers; but sadly, political interests prevailed yet again. The Court recommended bail in the amount of Php40,000.00 (USD 810).
SUGGESTED ACTION:
Please write letters to the concerned agencies asking for their immediate intervention- in particular the Department of National Defense (DND)- to ensure that the respondents are arrested and presented before the court to face the charges that have been brought against them. The Police Regional Office (PRO 11) of the Philippine National Police must also ensure that the Municipal Police in Mawab, Compostela Valley, will serve the said orders without further delay.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
PHILIPPINES: Court orders arrest of a military sergeant and his accomplices on the charges of homicide
I am writing to draw your attention to the case of a couple, Mr. Bacar Japalali and his wife, Mrs. Carmen Japalali who were brutally murdered in Tagum City in September of 2004, allegedly by elements of the Military. I am aware that you are familiar with this case, as this has been brought to your attention in the past.
I have since learned that on the 22 November 2006, the Regional Trial Court (RTC) (Branch 31) has already issued orders for the arrest of Sergeant Serafin Jerry Napoles and six of his Military accomplices, all of whom are attached to the 404th Infantry Battalion (IB), Philippine Army (PA). While I appreciate these recent developments, I am deeply concerned that this order is yet to be implemented.
I am also concerned that the issuance of these arrest warrants by the Court took place after the charges brought against the accused before the Court was amended from murder to homicide, and the number of accused perpetrators was drastically downsized from 31 to 7. The 7 officers who are charged with homicide are; Sergent Napoles and his six subordinates, namely Private (Pvt.) Sumugoy, Pvt. Sabellano, Pvt. Entero, Pvt. Araneta, Pvt. Balilihan and Pvt. Bacangoy.
I have also learned of the alleged attempts by some Court personnel to both suppress the arrest warrants and to prevent their issuing being made public knowledge. I have been informed by a most reliable source that when the Task Force Detainees of the Philippines (TFDP) and other complainants inquired about the Court orders for arrest, they were routinely lied to by Court personnel with ever-varying claims and excuses.
I am extremely disappointed by the unlawful behaviour of these court personnel. If indeed there are attempts to hide what is rightfully public information, this is a gross violation of the Philippine State’s obligations as a state party to UN Convention. I therefore urge you to take immediate steps to determine whether or not these court personnel can be held responsible for their acts.
Likewise, I urge you to use your authority to ensure that the authorities, in particular the municipal police office of Mawab, Compostela Valley, effects and serves the arrest of the respondents without delay. They must be presented before the court to face the charges against them. The immediate arrest and serving of arrest orders of the accused perpetrators is a fundamental principle of the Rule-of-Law.
Finally, I call upon you to ensure that the complainants in this case are afforded with adequate security and protection. I am deeply concerned of the threat of possible violence against them and their supporters and partner organisations. The Military Officers implicated in this murder case must also be issued with immediate suspension from duty whilst the investigation is pending. This is necessary to ensure that they cannot use their authority to exploit or take possible violent actions against the complainants.
I trust that you will take immediate action in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTER TO:
1. Judge Danilo Belo
Presiding Judge
Regional Trial Court (RTC), Branch 31
Tagum City
PHILIPPINES
Tel: +63 84 2173850
2. Justice Presbitero Velasco, Jr.
Court Administrator
3rd Flr., New Supreme Court Bldg.,
Annex, Padre Faura St., Ermita,
1000 Manila
PHILIPPINES
Tel: +63 2 5225090 to 94
Telefax: +63 2 526 8129
Email: pio@supremecourt.gov.ph
3. Mr. Christopher Lock
Deputy Court Administrator for Mindanao
Office of the Court Administrator
Supreme Court of the Philippines
New Supreme Court Building Annex Padre Faura St.,
Ermita,
1000 Manila
PHILIPPINES
4. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Tel: +63 2 521 8344
Fax: +63 2 521 9548
5. Mr. Orlando Casimiro
Deputy Ombudsman
Office of the 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
Fax: +63 2 926 8747
Email: omb1@ombudsman.gov.ph
6. Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2 726 4361/4366/8763
Fax: +63 2724 8763
Email: bluetree73@gmail.com
7. 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@yahoo.com
8. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR
EXECUTIONS)
9. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Attn: Sonia Cronin
Room: 3-060
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR
INDEPENDENCE JUDGES & LAWYERS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
