Dear friends
The Asian Human Rights Commission is forwarding information from the Task Force Detainees of the Philippines (TFDP) on killing of a civilian and serious injury of another in Barangay Gawang, Datu Saudi uy Ampatuan, Maguindanao, Philippines on 16 December 2003. The victims were mistakenly identified as members of the Moro Islamic Liberation Front (MILF) by the military. Several killing and injury incidents of civilians by the military have been reported during the military operation in this area. The TFDP also reported that around 135 families in this area have fled for fear of their lives since 14 December 2003.
The actions that the military has been taking in this area is in direct violation of the International Covenant on Civil and Political Rights (ICCPR), which Thailand has signed. Article 6(1) of the ICCPR states, “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.” We request your solidarity for a thorough investigation on the case and/or any forms of assistance to the victims and evacuees.
If you have any question, please do not hesitate to contact TFDP.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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URGENT APPEAL
17 January 2004
Barangay Gawang killing and massive evacuation
Victims:
– Killed: Abu Abdul, 30, resident of Barangay Ilian, Datu Saudi uy Ampatuan, Maguindanao
– Wounded: Abdulmaguid Kusain, 18, alias Tegie, a resident of Barangay Ilian, Datu Saudi uy Ampatuan, Maguindanao
Evacuees: around 135 families
Dates of Incidents: From December 14, 2003 to present
Perpetrators: Elements of the 7th Infantry Battalion based in Shariff Aguak, Maguindanao, Philippines
Details of the Incident:
A civilian was killed while another seriously wounded when elements of the 7th Infantry Battalion open fired at them while they were conducting voluntary search operation to rescue soldiers wounded during an encounter in Barangay Gawang, Datu Saudi uy Ampatuan, Maguindanao at 11:30 o’clock a.m. on December 16, 2003.
The victims, Abu Abdul, 30, a resident of Barangay Ilian, Datu Saudi uy Ampatuan, Maguindanao died on the spot due to gunshot wounds on his chest and throat while Abdulmaguid Kusain, 18, also a resident of the same place suffered serious gunshot wounds on his sex organ.
According to Zacaria Abdulkarim, Barangay councilor of Ilian, Datu Saudi, Maguindanao and a cousin of Abdul, Abdul and Kusain were among the many civilians asked by Barangay Captain Datu Habbie Matilendo to help rescue wounded soldiers in the area but were mistakenly identified as Moro Islamic Liberation Front (MILF) rebels.
Abdulkarim said it was Brigade General Agustin Demaala, commanding officer of the 301st Brigade and 1st Lieutenant. Alexander Reginio of the 37th Infantry Battalion (IB) who asked Barangay Captain Matilendo to help them rescue their wounded soldiers. Matilendo then gathered his constituents to heed on the military’s request. Demaala and Reginio reportedly arrived in Barangay Ilian to assess their operation conducted.
The group of Abdul and Kusain walked their way from Barangay Ilian to the remote area in Barangay Gawang where the incident had happened, some three kilometers away, purposely to rescue wounded soldiers. Abdulkarim said upon the group’s arrival they saw an unnamed soldier and feed him. They then brought the soldier to Barangay Ilian. They also recovered 3 dead bodies of soldiers.
At 11:30 a.m. that day, the group continued its search operation in the coconut plantation areas when met by gun fires by soldiers positioned in the area. About four soldiers belonging to the 7th IB, armed with an M-16 and M-14 rifles, positioned themselves in the middle of coconut plantation that time but only one of them fired his gun. The group scampered and ran for safety. Abdul was hit and died on the spot while Kusain was still able to pedal his bicycle way back to Barangay Ilian. He was immediately rushed to the provincial hospital in Shariff Aguak, Maguindanao for treatment but was transferred to Cotabato Regional Hospital in Cotabato City because the provincial hospital has no adequate treatment facilities.
Meanwhile, Abdul Madidis, father of Abdul, was assisted by the military upon returning to Barangay Gawang, few hours after the incident purposely to retrieve the body of his son. The military buried Abdul’s body that same day. Abdukarim said the military did not even bother to pay the hospital expenses of Kusain and/or give any financial assistance to Abdul’s family. Abdul’s wife, Arobaya Ismael, 28, a house keeper has to support on her own their 5 children, aging from 1 to 7 years old.
Barangay Captain Matilendo said he already sought assistance and had talk to officials of 37th IB, particularly 1st Lt. Reginio, based in Barangay Kabingi, Datu Saudi uy Ampataun, Maguindanao, but no action has been taken yet on the matter. Matilendo certified that Abdul and Kusain are not MILF members. The victims were reportedly linked by the military for having involvement with the MILF.
Abdulkarim said ‘lack of coordination’ with operating troops in the area reportedly triggered the incident. He said the civilians were told to conduct search operation as requested by Brig. Gen. Demaala and 1st Lt. Reginio despite the fact that the military had ‘lost’ radio contact with the operating troops in the field.
It was learned that before the incident, in December 14 to 15, 2003 around 135 families in Barangay Gawang had already fled for fear of their lives. An encounter broke out in the area as the military were pursuing alleged Pentagon Kidnap for ransom group but caught up with MILF rebels. The evacuees have not yet returned to their homes. On January 8, 2004, the Department of Social Welfare and Development Office (DSWD) in Datu Saudi uy Ampatuan, Maguindanao, distributed relief goods to the evacuees now seeking refuge at their relatives in Barangay Ilian or within the public market area.
As of this writing, Kusain has sought refuge to his relative in Cotabato City after he was discharged from the hospital. Abdul’s family had already moved out from their residence to her relatives in the remote area in Barangay Kitango, Datu Saudi uy Ampatuan, Maguindanao.
SUGGESTED ACTION:
Send letters, e-mails and faxes to the following persons, organizations/groups and concerned agencies below to call for a thorough investigation on the case and/or any forms of assistance to the victims and evacuees, specially the family of Abu Abdul.
1. Her Excellency Gloria Macapagal-Arroyo
President
New Executive Bldg.
Malacanang Palace Compound
J. P. Laurel Street, San Miguel, Manila
PHILIPPINES
Tel: +63 919 8984622 / 917 8398462 (Mobile phone)
Fax: +63 2 929 3968
E-mail: opnet@ops.gov.ph, kgma@yahoogroups.com
2. Simeon Datumanong
Secretary
Department of Justice (DOJ)
DOJ Building, Padre Faura Street
Manila 1004
Tel: +632 5238481 to 98
Fax: +632 521-1614
3. Mr. Eduardo R Ermita
Secretary
Department of National Defense
Camp Gen. Emelio Aguinaldo, E. de los Santos Avenue
Quezon City,
PHILIPPINES
Tel: +632 912 9281
Fax: +632 911 6213
E-mail: snd@dnd.gov.ph
4. Brig. Gen. Agustin Demaala
Commanding Officer
301st Brigade, Philippine Army
Barangay Kalandagan
Tacurong City, Sultan Kudarat
PHILIPPINES
Tel: +63 9175319702 (Mobile phone)
5. Ms. Purificacion Quisumbing
Chairperson
Commission on Human Rights
SAAC Bldg., Commonwealth Ave.
U.P. Complex, Diliman, Quezon City
PHILIPPINES
Fax: +632 929 0101 / 928 0848
E-mail: drpvq@chr.gov.ph
6. Atty. Ciriaco D. Jabido, JR
Regional Human Rights Director
Commission on Human Rights (CHR 12)
Rm. 309 Usman Mampen Building
Don Rufino Alonzo Street
9600 Cotabato City
Tel. No. +64 4820384 / 4216307
Telefax No. (064) 421 3771
Fax c/o PIA (064)-4211321
7. Office of the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10, Switzerland
Fax: + 41 22 917 9011 / +41 22 9179174
SUGGESTED LETTER
Dear Sir/Madam:
RE: Case of Abu Abdul killing in Barangay Gawang, Datu Saudi uy Ampatuan, Maguindanao, Philippines
Killing of Abu Abdul, 30, wounding of Abdulmaguid Kusain, 18, by elements of the 7th Infantry Battalion, Philippine Army, and the massive evacuation of 135 families in December 2003 due to skirmishes.
I am writing to express in strongest term possible in condemning the killing of Abdul and wounding of Kusain by elements of the 7th Infantry Battalion, under the 301st Brigade, Philippine Army last December 16, 2003. Abdul and Kusain are pure civilians who are latest victims of the military’s failure to observe the rules of engagement.
It can be recalled that in March 3, 2003, four civilians were also killed, two others seriously wounded in Barangay Lepak, Buluan, Maguindanao, when the soldiers also belonging to 301st Brigade fired at them. The victims were also mistakenly identified as Moro Islamic Liberation Front (MILF) rebels.
I could no longer afford to loss another lives to civilians only because of the military’s failure, or maybe of ignorance, to observe the ‘rules of engagement’ in times of conflict.
I am appealing for a thorough investigation on this case to give justice to the victims and punish those persons responsible. We also urged leadership of the 301st brigade, particularly the 7th Infantry Battalion to provide assistance to the family of Abdul and to Kusain.
Yours truly,
____________________
Note:
Please inform the undersigned thru emails, danysunstar@yahoo.com, mindanaw@tfdp.org,
Or snail mail at:
Task Force Detainees of the Philippines (TFDP)
Door No. 2, Guiapal Apartment
#38 Anacleto Badoy Street
Cotabato City
Or call tel. No. (064) 421-33-82 / 09198791829 should you have any interventions made on the matter. We highly appreciate your best effort on this for the protection of human rights.
Thank you and more power.
Danilo A. Reyes
Regional Staff
Task Force Detainees of the Philippines (TFDP)
West Central Mindanao Region
***
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
