PHILIPPINES: Massacre of a civilian family by military caused intense fighting and massive displacement in Maimbong, Sulu 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from Suara Bangsamoro, Moro Christian Peoples Alliance (MCPA) and the Concerned Citizens of Sulu (CCS) regarding the massacre of a civilian family allegedly by elements of the 53rd Infantry Battalion (IB), Philippine Army, under Col. Dennis Villanueva. The family was killed and two others were injured in Kapuk Pungol, Banauice, Maimbong, Sulu on 1 February 2005 at around 6:00am.

Those who were killed in the massacre were Tal Padiwan and his wife Sidang, their son Aldasir (13) and Salip Faisal. Those injured were Almujayal Padiwan (7) and Jamil Julambri.

The incident caused intense fighting when members of the breakaway rebel groups Moro National Liberation Front (MNLF) attacked military camps in Panamao, Sulu on 6 February 2005 in retaliation to the Padiwan massacre. The fighting continue and spilled-over to neighboring towns in Jolo, Sulu displacing at least 26,000 civilians as of the end of February.

Your immediate action is needed to urge the Philippine government to provide assistance and indemnify the victims and their families. Urge the Commission on Human Rights (CHR) in Zamboanga City to recommend for the filing of appropriate charges in court against the perpetrators of the Padiwan massacre.

Likewise please urge the Philippine government to end its military offensive and declare a ceasefire in the area so that the villagers can go back to their respective villages with the government providing for their rehabilitation.

Urgent Appeals Desk
AHRC Urgent Appeals Programme
22 March 2005
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DETAILED INFORMATION: (Based on testimony of a survivor)

Victim/s:
Killed: Tal Padiwan, Sidang Padiwan, Aldasir Padiwan and Salip Faisal
Injured: Almujayal Padiwan (7)
Displaced persons: at least 26,000 individuals
Date of incident: 1 February 2005 at around 6:00am
Place of incident: Kapuk Pungol, Banauice, Maimbong, Sulu
Alleged Perpetrators: 53rd Infantry Battalion, Philippine Army, under Col. Dennis Villanueva

Four persons were killed and two others were wounded, when elements of the 53rd Infantry Battalion of the Philippine Army, allegedly raided their house and shot each one of them on 1 February 2005 in Kapuk Pungol, Sitio Banauice, Maimbong, Sulu.

Those who were killed during the incident were Tal Padiwan and his wife Sidang, their son Aldasir and another relative Salip Faisal. Three other children, namely Almujayal (7), Madzrana (10) and a 3-year old boy were either wounded or not hurt during the incident.

In an interview, Almujayal Padiwan, one of the survivors, said he and his brother Aldasir were sleeping inside their room at around 6:00am when unidentified men wearing military uniform entered and started firing at them. Their uncle, Salip Faisal, who had stayed for the night, died on the spot while Aldasir, who was hit in the stomach, died while being rushed to the hospital.

“Way ko kaingatan maita kami binaril’ (We didn’t know why they shot us”, Almujayal said. He denied the military’s claims that his father had a firearm with him at that time.

The couple, Tal and Sidang, were cooking rice cakes in the kitchen when they were shot dead. One of their children, 10-year old Madzrana, was beside them and witnessed the killing. The girl however was not hurt. She was instead told by the military to go outside the house and to take her 3-year old brother Aljeezmar with her.

Madzrana said “Mataud ngang military “(there were many military men wearing fatigue) when she saw the military troops outside their house. The soldiers were reportedly on operation at the time.

Later in the afternoon, the Barangay Captain of Kapuk Pungol took Aldasir’s dead body from the hospital and buried it at the nearby town in Parang. At that time, Almujayal and his sister Madzrana and 3-year old brother, did not know where the bodies of their parents were.

While being treated at the Integrated Provincial Health Office (IPHO), Almujayal said that he escaped for fear that the military might harm him. He said he noticed one of the military showing hand gestures that he would be killed soon if he would speak about the incident.

However, Almujayal was sent back to the hospital later by a human rights organization, but doctors said his wounds had developed an infection and his infected finger had to be cut off.

The Padiwan’s belonged to a poor family. They used to sell rice cakes for a living. One of the children, Arsheed, the eldest among the children, even recounted that one of the military use to buy rice cakes from him prior to the incident.

Development of the case

Few days after the incident, the break away group of the Moro National Liberation Front (MNLF), a dissatisfied rebel group who earlier signed a peace agreement with the government, attacked a military camp in Panamao, Sulu, in retaliation to the Padiwans killing. It prompted the government to launch a military action against the rebels that reach to nearby areas. The fighting continues having left hundreds of rebels and soldiers dead.

In a fact-finding report, as of 19 February, at least 26,000 persons have been displaced because of the fighting. The fighting has also resulted in damages to properties, death of civilians, incidents of human rights violations and scarcity of food, medicines and evacuation centers. It also spilled over to at least ten municipalities in the island of Jolo, Sulu.

Recently, it was reported that evacuees had already decreased as some of them returned home to areas where the military have retaken control. The Commission on Human Rights (CHR) in Zamboanga City had already conducted its investigation on the case. However, it has not yet released to public its findings.

Further, Rep. Satur Ocampo of party list Bayan Muna, chair of the House committee on peace, reconciliation and unity, had already moved to conduct an inquiry in the Jolo, Sulu conflict. The statement of survivors Almujayal, Madzrana and the 3-year old boy will be heard.

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