UPDATE (Philippines): Lawyers demand adequate action, protection of witnesses

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAU-051-2008
ISSUES: Administration of justice, Arbitrary arrest & detention, Extrajudicial killings,

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that a group of lawyers in Mindanao has joined appeals for the authorities to exhaust every effort in solving cases of vigilante killings in Davao City and calling for an end to the killings. Their appeal came days after a police director tried to exonerate himself and his men from their continued failure to have these cases solved and to hold the perpetrators to account.

UPDATED INFORMATION: (According to reliable sources and Sun.Star Super Balita)

As mentioned in our previous appeal (AHRC-UAU-047-2008), Sr. Supt. Ramon Apolinario, city director of the Davao City Police Office (DCPO), has defended the failure of the local police to solve cases of vigilante killing on the lack of witnesses and their refusal to cooperate with the police.

In the same appeal, the police was urged to take action by way of taking proactive measures to ensure that witness comes forward. For instance, they must provide interim arrangements to ensure protection for witnesses and give them assurances that they would be either protected or would be recommended for the Witness Protection Programme should they testify.

On August 4, a group of Mindanao lawyers, consisting of the Integrated Bar of the Philippines (IBP), the Union of Peoples’ Lawyers in Mindanao (UPLM) and the Free Legal Assistance Group (FLAG), issued a joint statement demanding the authorities concerned “to address this issue (of vigilante killings) squarely and decisively”.

The full text of the lawyer’s statement can be read at: 
Mindanao lawyers reaffirm concerns over “vigilante killings”

The AHRC has already express concern that the failure of the police to ensure that the witnesses come forward; and their failure to exhaust all means possible to encourage and give assurance of protection, has already resulted in the perpetrators murdering their targets without fear of being identified, arrested or prosecuted. It thus deprives the families of the dead to possibilities of redress.

In addition to the cases we have previously reported, we are providing below the names of the latest victims and brief details of their cases. Apart from cases that took place in Davao City, these details also include cases from the cities of Tagum, Cagayan de Oro, and General Santos and in Carmen, Davao del Norte–all in southern Mindanao; and in Cebu City in Central Philippines.

1. JOEL BAPILAR, 25; of Purok Talisay, Tagum City, Davao del Norte. On June 19, Joel was at the city’s passenger terminal when an unidentified man shot him in the head. He died instantly. He was reported to have been detained for rape and was released in November last year.

2. CELMAR RADAZA, 30; of Everlasting Street, Cagayan de Oro City. On June 30, when he was standing along a dark portion of the street, two men travelling on two motorcycles shot him. He suffered gunshot wounds to his shoulder and back of his head. He was declared dead on arrival at a hospital. Police recovered a sachet containing methamphetamine hydrochloride from his hand. He was reported to be a member of a gang, BM-29.

3. CARYL LLOYD ABELLANA, 20; and cousin CHRISTIAN ARSUA, 23; of Crossing Ulas, Davao City. On June 30, when the two victims were playing a game of cards, two unidentified men approached them. One stabbed Abellana and shot him in stomach, hand and shoulder while another attacker shot Arsua on his right thigh. The suspects fled by motorcycle. One of the victim’s relatives said: “We could not do something about what happened to the victims as they have done something wrong in the past.” They were last reported undergoing treatment.

4. ALBERT BATAYULA Alias KOKONG, 21; former employee of a beverage company and a resident of Barangay Labangal, Gerneral Santos City. On July 2, when he was about to board a tricycle on his way home, he was shot by a lone gunman in the back and head. He died due to fatal gunshot wounds. The suspect ran to a waiting motorcycle to escape. Police claimed no witness were willing to cooperate in the investigation.

5.  JASPER CANTON Alias TABILONG, 28; of Barangay Duljo-Fatima, Sugbo City. On July 9, the victim, who was supposed to be charged with attempted murder before the Hall of Justice in the same city, was shot dead by an unidentified man when as he was riding on a public transport. The suspect sped off with another unidentified man onboard a motorcycle. The victim was reported to have also been involved in a clan conflict.

6. GILSON BINDANILLO, 21; of Union Village, Barangay Mankilam, Tagum City. On July 8, when he was playing billiards at a crowded billiard hall, two men riding on a motorcycle appeared, one of whom shot the victim several times. The three gunshots caused the victim’s death. The gunman left the scene of crime with his companion.

7. TEODOLO ALQUISAR, 30; a motorcycle taxi driver; of Purok 1, Magsaysay, Carmen, Davao del Norte. On July 7, when he was playing basketball, a lone gunman approached and shot him several times in the neck and body. The gunman escaped with his companion on a motorcycle waiting for him nearby. The victim was already dead when he was taken to the hospital.

8. UNIDENTIFIED, found in Cagayan de Oro City. On July 7, an unidentified man was found dead in Zone 9, Bulua in the same city. His injuries show that he was tortured. The police discovered he had been stabbed 14 times and had gunshot wounds in different parts of his body. The victim did not bear any identification documents and the police said they have yet to carry out investigation once they are able to identify him.

WHAT YOU CAN DO?

You can support by either making direct phone call expressing your concern or by way of sending your own appeal letters to concerned authorities as we have mentioned in our previous appeals: AHRC-UAU-044-2008.

We have also developed a system wherein you can also respond or intervene to a particular city of your concern where these cases took place.

The AHRC is also sending separate letters to the authorities concerned and the UN Special Rapporteur on the Extrajudicial, Summary or Arbitrary Executions respectively calling for their intervention in these cases.

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)