UPDATE (Philippines): Activist couple survives attempt on their life in Cebu, Visayas 

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of yet another incident involving an attack against human rights activists in Visayas, Philippines. On 25 November 2005, activist couple, Daniel Brylle Cruz and his wife Emmylou Buñi survived an attempt on their life after they were fired upon by armed men believed to be military intelligence agents attached to the 78th Infantry Battalion, of the Philippine Army.

A report from KARAPATAN (Alliance for the Advancement of Peoples Rights), a human rights organisation based in Manila, revealed that Daniel and Emmylou were shot while walking near a highway in Sitio Punta, Barangay 8, Tuburan, Cebu. Emmylou was hit in the chest but was later declared out of danger. The couple had just finished conducting a human rights seminar as part of its preparation for the December 10 human rights day when the incident took place.

It was reported that there was an alleged cover-up and improper handling by the police investigators handling this case. It was learned that Police Inspector Crisanto Duque, Chief of Tuburan police, did not initiate any effort to pursue Ritchel Buhawi, who is the caretaker of a resort house where the soldiers who may have perpetrated the attack may have stayed. Reports said Buhawi may have information about the attack and might be able to identify the perpetrators.

Reports said Buhawi had already left the area together with the soldiers attached to the 78th Infantry Battalion (IB) hours after the attack on the couple. It was learned that Inspector Duque was reportedly reluctant to consider the information provided to him by human rights groups working on the case to help the investigation. He also rejected the request by the victims to provide them with a cartographic artist in order to sketch the attackers.

The attack on the couple is yet another incident of violence against human rights activists in Visayas, Philippines. On 18 February 2005, an activist couple, Fr. Allan Caparro and his wife Aileen also survived an attempt on their life (please see further UA-30-2005).  The AHRC reiterates daily its serious concern regarding the frightening incidents of extra-judicial killings and violence against activist in the Philippines (please see further UP-143-2005; AS-109-2005).

Your strong intervention is needed to ensure that an impartial and independent investigation is conducted into this case. The policemen investigating the case, in particular Police Inspector Crisanto Duque, Chief of Tuburan Police, must be required to stand down in his duties, if the allegations of a cover-up and improper handling are found true. An inquiry must also be conducted into the actions of those responsible to properly investigate this case. The victims must be afforded with immediate medical assistance and compensation.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victims: Emmylou Buñi-Cruz (25) and her husband, Daniel Brylle (34). The couple has two children. Emmylou is a staff member of KARAPATAN-Central Visayas while Daniel is an organiser of Bayan Muna – Cebu
Place of incident: Sitio Punta, Barangay 8, Tuburan, Cebu
Date of incident: 25 November 2005
Alleged perpetrators: Three suspected intelligence agents of the 78th Infantry Battalion, Philippine Army, under the command of Lt. Col. Jessie Alvarez.

Case details:

On 25 November 2005 at around 4:00pm, Emmylou and her husband Daniel had just finished conducting a human rights seminar at the coastal Sitio of Punta, about seven kilometers from the town centre. The seminar was part of the preparation for the celebration of human rights day on December 10. They were also monitoring the present situation of the returning evacuees who evacuated after the fighting between the military and rebels on 15 October 2005.

On their way back they trekked the same road they used in entering the area by passing through the resort house of Tuburan Councilor Roy Tabotabo.  Five soldiers attached to the 78th IB had been staying in the house for almost a month.

As they come close to the national highway, two motorcycles passed ahead of them.  There were two persons onboard the first motorcycle, including the driver, while the second motorcycle had only the driver. The first motorcycle then turned around in the direction of the victims, while the other continued on and parked a further 20 meters ahead.

As the first motorcycle come close to the victims, about two metres away, Daniel noticed that the rider positioned his right arm in an angle that seemed to be pulling out something.  Daniel also noticed the driver as he was covering his face with a handkerchief.

At this time, Daniel saw the muzzle of a 9mm pistol aimed towards him and Emmylou being held by the person riding at the back of the driver. Daniel then stepped backwards pulling Emmylou with him. The gun then fired, hitting Emmylou on the right side of her chest, exiting just below her right armpit.

Daniel immediately pulled Emmylou back to the houses from where they had come. They asked for help from residents who were watching a basketball match. The residents accompanied the two victims along the coast and out onto the highway where they boarded a passenger motorcycle and headed for a hospital.

At about 10:00pm Emmylou was taken by an ambulance to the Vicente Sotto Memorial Medical Center in Cebu City. She was accompanied by her colleagues in KARAPATAN-Cebu North Area. The Municipal Mayor of Tuburan also sent them with four police escorts from the Regional Mobile Group (RMG) led by P03 Raul Janetro. Emmylou was declared out of danger shortly thereafter.

A police blotter regarding the incident was filed by the victims with the municipal police. They are still waiting for the names of the soldiers whom they know by face before filing charges against them.

According to the latest information, the chief of the Tuburan police, Inspector Crisanto Duque, has shown little effort to pursue Ritchel Buhawi, a caretaker at a resort house in Sitio Punta, Brgy. 8, Tuburan where soldiers attached to the 78th Infantry Battalion have stayed since 24 October 2005. The same soldiers were accused by the couple of attacking them.

It was learned that Inspector Duque did not summon Mr Buhawi for questioning even though there is a strong possibility he could be a source of information on the identities of the 78th IB soldiers whom he had served for a month. Inspector Duque also did not invite Buhawi’s employer, Councilor Roy Tabotabo, who owned the resort house Buhawi worked in, and may have been able to assist the investigations.

It was established from the residents in the area that Mr Buhawi took flight along with the 78th IB soldiers less than three hours after the attack on Emmylou and Daniel took place.

According to KARAPATAN, they have been providing Inspector Duque with leads to help the police investigation, but the police chief seemed to be contented only with visiting the site. Inspector Duque also rejected the request from the victims to provide them with a cartographic artist in order to sketch the attackers, together with a police line up of the attackers; thus, obstructing the investigation.

Additional information:

After that encounter between the government soldiers belonging to the 78th Infantry Battalion of the Philippine Army’s Re-engineered Special Operations Team and the New Peoples Army (NPA) rebels last October 15, government troops increased their deployment, stepped up pursuit operations against the rebels, set up check-points and imposed curfews in the area.

They also converted the barangay (community) hall, day-care centre and multi-purpose hall into a barracks. The terrorised citizens had nowhere to go but leave their homes. KARAPATAN-Central Visayas conducted a fact-finding mission on October 17 and 18, where it documented some 49 families with 109 individuals who are victims of displacement in the area.

Three cases of violation of domicile, three cases of divestment of property and five cases of harassment against the residents were also reported in that town. The evacuees were only able to return to their homes last October 24.

SUGGESTED ACTION:

Please send a letter to the heads of the Philippine National Police (PNP), Ombudsman for Military and the Commission on Human Rights (CHR) requiring them to intervene to ensure that an impartial investigation is conducted on the case. Please also ask the chief of the PNP to take appropriate action and inquiry against the chief of the Tuburan Police, Police Inspector Crisanto Duque and his men over allegations of a cover-up and improper handling into the case.

 

 

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