The Asian Human Rights Commission (AHRC) writes with deep concern of the manner in which Task Force Usig is handling many of the cases of extrajudicial killings and the negligible of cooperation with the victim’s families. We are deeply concerned that the inaction and failure of the police to take effective and prompt action into cases aggravates the lack of legal remedies.
I wish to draw your particular attention to the case of Jose Manegdeg (a.k.a. Pepe) who was killed on 28 November 2005. It was around 10:00pm when an unidentified gunman shot dead Jose Manegdeg III in Barangay Apatot, San Esteban, Ilocos Sur. The shooting took place at a waiting shed along the highway. Manegdeg had just alighted from a tricycle he was riding when a gunman, who emerged from a van, approached him and repeatedly shot him. The tricycle driver who was in the area during the shooting, sped off for fear of his life. He, however, returned to the resort where Manegdeg came from and informed his companions.
Manegdegs colleagues at the resort immediately contacted the police and went to the scene of the killing. They found his body approximately 15 metres from the waiting shed. The victims bag, cell phone and other belongings were missing. Reports from the province said that his body bore 22 bullet wounds from a .45 semi-automatic pistol. After he was killed, the Task Force Manegdeg was formed to investigate into his case and subsequently charged one of the alleged perpetrator, Captain Joel Castro of the 50th Infantry Battalion, Philippine Army, for the murder. The case against Castro, however, did not progress in court when the witness retracted his statement allegedly for fear of his safety.
Even though the task force did investigate the case, the victim’s wife, Florence, is unaware of its progress; neither has she been given a copy of the official report by the task force investigating her husband’s case. On the other hand, the Commission on Human Rights (CHR) as well have yet to release to her the findings of their investigation.
Not only were Florence and her two children not properly informed of the progress of the investigation, two years on they were also not been given any arrangements to ensure their security and protection despite continuing threats to their lives. Recently, we have learned of Florence’ and her two children experience of being followed by persons riding on motorcycles with suspicious movement. One of the witnesses to Manegdeg’s murder has likewise retracted his earlier statement that could have identified the alleged perpetrator in order to effectively prosecute him in court due to insecurity. The case has not progressed in court due to lack of witnesses who refused to cooperate for fear of their lives.
In addition, the victim’s family has had to take some matters upon themselves in the absence of the authorities intervention. For example, they have moved from one place to another in seeking refuge to ensure their safety, they have had to work on legal actions in absence of legal counsel, had to survived on their own without any form of support, and had to seek assistance from others even to get copy of the task force’ official investigation report.
The unnecessary sufferings that the victim’s family has had to suffer as a result of failure and inaction, particularly by the police, and other concerned authorities need to be condemned. This illustrates the incompetence of the police in dealing with extrajudicial killings, on matters involving police investigations and their role to assist to ensure the effective prosecution of the case in court. They have continually failed to provide arrangements for security and protection to ensure the welfare of the victim’s family. If the police had indeed taken serious action in this case, why then did it fail to recommend or facilitate the inclusion of the witness to the murder in the government’s Witness Protection, Security and Benefit Act (RA 6981)? This should have been a fundamental obligation of the police. As you must be fully aware, no frightened witness will come forward to cooperate unless they feel secure and protected; yet the police consistently fail in their duty to recommend them for the programme.
Once taking on the case the police have the responsibility to ensure the case will progress in court by assisting in the prosecution of cases. However, there cannot be effective prosecution without witnesses and the police have not even complied with the rudimentary requirement of recommending them for protection. The police have also paid no attention in providing protection to the victim’s family who have faced continuous threats for nearly two years. The police may have considered this case as solved, since it is a policy that once the case is filed in court it is considered solved, but it still deny the fact that their failure and inaction has made the case deliberately weak and unable to progress in court.
It is disappointing to note that the victims family has not even been able to obtain a copy of the police investigation report. Is it not true that the victim’s family should be the first person/s to be informed of any progress in a case the police are investigating? Is it not basic duty and responsibility of the police to involve the victim’s family in the process of an investigation and to ensure their welfare as well? When the case shows no sign of progressing in court for lack of witness, it is their obligation to exhaust all means to turn this matter around. However, these are all matters the police have paid little attention to. We are disappointed by this continued practice by the police in dealing with cases involving extrajudicial killings.
If this practice is allowed to continue, it is sending a strong message to victims, families of the dead and the public, over the probability for them to suffer unnecessarily due to lack of effective and prompt intervention by authorities should they seek legal redress and remedies. When victims and their families find no relief, particularly from the police, deepening distrust of the police and authorities is inevitable, as it is widely happening now. There is a ripe situation where murderers can carry on with committing atrocities with impunity, victims and families had no means for redress and relief, the failure of the police and the authorities aggravates the situation. This practice cannot be allowed to continue, otherwise, it legitimises denial of any redress and remedies to the families of the dead.
The AHRC therefore urge you to release to Manegdeg’s family the copy of the official report conducted by the Task Force Manegdeg without further delay. The police must also take prompt action to ensure that the victim’s family and potential witnesses are afforded with adequate protection once they come forward as the situation requires. This is essential to prove the government’s sincerity and commitment to effectively prosecute perpetrators by ensuring that the institutions tasked to protect the lives of its citizens are functioning, and that victims of violations obtain remedies from it.
Yours sincerely,
MOON Jeong Ho
Progamme Officer
Urgent Appeals Programme
