Dear Friends,
The Asian Human Rights Commission (AHRC) regrets to inform you that three persons have been killed while four others were arrested in separate incidents in February. The AHRC is deeply concerned by the ongoing attacks on human rights defenders.
CASE DETAILS: (Based on the documentation by the Alliance for the Advancement of People’s Rights -KARAPATAN-)
CASE 1: Father and son killed while on their way home
On 26 February 2014 at 8pm, Rosaldo Rayteran, coordinator of Albay People’s Organisation, a local human rights organisation, was with his 18 years old son, Rasty, when they were shot dead by two masked persons riding in tandem.
Rosaldo and Rasty were on their way home to Matara village after plying their jeepney route from Polangui town. They had reached San Pascual village when the incident happen. They died on the spot.
Prior to the incident, Rosaldo received threats on his life as coordinator of the Albay People’s Organisation. On December 10, 2013, he was a speaker at a program sponsored by Kadena Bicolandia in Matacon, Polangui to commemorate human rights day.
CASE 2: Shot dead by unidentified assailants while another arrested
On 30 January 2014, cousins Henry Orbina and Bryan Gallega were waiting for a jeepney in Barangay Cabid-an, Sorsogon City, when a police from a nearby outpost approached them and asked them where they work. The two replied that they were workers at a coconut factory. After a few minutes, eight men walked towards them. Gallega saw two of the men pulled out their guns. Fearing for their lives, Gallega and Orbina ran away.
Gallega went inside a house, which belonged to the owner of a nearby gas station, upon hearing gunshots. Gallega heard Orbina say he was shot, so he went outside the house to help Orbina. He flagged down a truck to take them to the hospital, but the truck driver did not stop. They heard gunshots again. Gallega could not carry his cousin back to the house, so he was forced to leave Orbina behind.
When the gunfire stopped, a number of policemen entered the house where Gallega was. The police took the names of the people inside the house, including that of the owner, his wife and his employees. They arrested Gallega and took his bag.
According to witnesses, Gallega was brought to the Philippine National Police (PNP) precinct in Barangay Cabid-an, Sorsogon, while Orbina’s remains were brought to a funeral parlor.
On the evening of January 31, Gallega was taken from his police detention cell, supposedly for a ballistic examination. Gallega heard one policeman say, “Patayin na iyan.” (He should be killed.) His head was covered with a black cloth bag. In panic, Gallega screamed for help and tried to run back inside the precinct. The police immediately removed the cloth bag from his head.
The police charged Gallega with illegal possession of firearms and explosives.
On February 17, 2014, Sorsogon City Prosecutor Alma Zacarias dismissed the charges stipulating that the search conducted was unlawful, and that the alleged evidence used against Gallega was inadmissible. The Prosecutor added that Gallega’s “alleged admission that he had a handgun could not be taken against him because his right under custodial investigation, particularly the right to counsel, was violated.” The order for Gallega’s release was issued.
CASE 3: Activist arrested for protesting in an electric cooperative
On 24 February 2014, almost 100 member-consumers of the Albay Electric Cooperative (Aleco) and their supporters held an assembly inside the Aleco compound. The Aleco consumers protested the impending take-over of the San Miguel Energy Corporation (SMEC), owned by the Cojuanco clan, on the consumers’ electric cooperative which they asserted will result in increased electricity rates.
At 10am, around 18 policemen, led by police chief Rommel dela Rama and Inspector Reynaldo Castuera, arrived and ordered the protesters to leave the premises. Some of the policemen were in civilian clothes.
Dela Rama threatened that the group will be dispersed if they refuse to leave. Paul Vincent Casilihan, Karapatan-Bikol spokesperson and Atty. Bartolome Rayco, chairperson of the Aleco Multi-Sectoral Stakeholders Organization (AMSSO) and National Union of People’s Lawyer (NUPL)-Albay chapter asserted they were exercising their rights as member-consumers of Aleco.
That afternoon, police chief Dela Rama said the protesters will be arrested if they do not leave. But Rayco and Casilihan insisted that there were no legal grounds for the police to arrest them. Dela Rama then ordered his men to arrest Casilihan immediately. The police chief pointed to Casilihan and shouted, “Posasan na yan! Hulihin ito!” (Handcuff him! Arrest him!)
Uniformed policemen gathered around Casilihan. Seeing this, Kilusang Mayo Uno member Hernan Certeza approached Casilihan’s, but he too, was arrested. Police grabbed Certeza, pushed him to the ground and handcuffed him. Karl Anthony Canata, a 17-year-old artist of the Kaboronyogan Cultural Network was also handcuffed and pushed into a police car with Certeza and Casilihan.
Dela Rama likewise ordered the arrest of Atty. Rayco who was escorted by policemen inside the police vehicle. The police confiscated the protesters’ jeepney and other belongings. Canata, Certeza and Casilihan suffered bruises while Canata’s elbows were wounded. Canata’s handcuffs were only removed upon insistence of the lawyer. He was transferred to the City Social Welfare and Development (CSWD) at 2pm.
The police charged Rayco, Casilihan and Certeza with grave coercion and malicious mischief. At 11:30 pm the City Prosecutor ordered their release since the warrantless arrest was not considered valid. The three were released at 1am on 25 February 2014. Canata, on the other hand, was forced to sign a certification at the CSWD without the presence of any of his parents and legal counsel. A member of the Karapatan quick response team Atty. Maddona Gay Escio, was barred from entering the CSWD to assist Canata and his mother.
Canata was only released at noon of February 25, after his mother was forced to sign a document stating that she will not allow her child to go to the Karapatan office or be with Casilihan. The police officers only released the passenger jeepney and other confiscated items upon the insistence of Casilihan.
SUGGESTED ACTION:
Please write letters to the concerned authorities listed below expressing your concern about this case.
The AHRC is also writing a separate letter to the UN Special Rapporteurs on the human rights defenders and on extrajudicial, summary or arbitrary executions.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
PHILIPPINES: Three killed, four others arrested in separate incidents in Bicol
CASE 1
Name of the victims killed:
1. Ronaldo Rayteran, jeepney dirver. He is a coordinator of Albay People’s Organisation, a local human rights organization.
2. Rasty Rayteran, 18 years old, son of Ronaldo Rayteran, both resident of Matara village, Polangui, Albay
Alleged perpetrator/s: Two unidentified armed men
Date of incident: 26 February 2014 at 8pm
Place of incident: San Pascual Village, Polangui, Albay
CASE 2
Name of the victim killed: Henry Orbina
Name of arrested victim: Bryan Gallega – Both coconut factory worker
Alleged perpetrators: 8 unidentified armed men and number of policemen
Date of incident: 30 to 31 January 2014
Place of incident: Barangay Cabid-an, Sorsogon City
CASE 3
Name of arrested victims:
1. Paul Vincent Casilihan, Karapatan-Bikol spokesperson
2. Hernan Certeza, Kilusang Mayo Uno member (First May Movement)
3. Karl Anthony Canata, a 17-year-old artist of the Kaboronyogan Cultural Network
Alleged perpetrators: Several policemen led by police chief Rommel dela Rama and Inspector Reynaldo Castuera
Date of incident: 24 February 2014
Place of incident: Albay Electric Cooperative compound
I am writing to raise my grave concern regarding the killing of father and son Ronaldo, Rasty Rayteran and Henry Orbina; and the arrest on four others, Paul Vincent Casilihan, Hernan Certeza and Karl Anthony Canata.
Firstly, On 26 February 2014 at 8pm, Rosaldo Rayteran, coordinator of Albay People’s Organisation, a local human rights organisation, was with his 18 years old son, Rasty, when they were shot dead by two masked men riding in tandem.
Rosaldo and Rasty were on their way home to Matara village after plying their jeepney route from Polangui town. They reached San Pascual village when the incident happen. The two immediately died. Prior to the incident, Rosaldo received threats on his life as coordinator of Albay People’s Organisation. On December 10, 2013, he was a speaker at a program sponsored by Kadena Bicolandia in Matacon, Polangui to commemorate human rights day.
Secondly, on 30 January 2014, cousins Henry Orbina and Bryan Gallega were waiting for a jeepney in Barangay Cabid-an, Sorsogon City, when a police from a nearby outpost approached them and asked them where they work. The two replied that they were workers at a coconut factory. After a few minutes, eight men walked towards them. Gallega saw two of the men pulled out their guns. Fearing for their lives, Gallega and Orbina ran away.
Gallega went inside a house, which belonged to the owner of a nearby gas station, upon hearing gunshots. Gallega heard Orbina say he was shot, so he went outside the house to help Orbina. He flagged down a truck to take them to the hospital, but the truck driver did not stop. They heard gunshots again. Gallega could not carry his cousin back to the house, so he was forced to leave Orbina behind.
When the gunshot stopped, a number of policemen entered the house where Gallega was. The police took the names of the people inside the house, including that of the owner, his wife and his employees. They arrested Gallega and took his bag.
According to witnesses, Gallega was brought to the Philippine National Police (PNP) precinct in Barangay Cabid-an, Sorsogon, while Orbina’s remains were brought to a funeral parlor.
On the evening of January 31, Gallega was taken from his police detention cell, supposedly for a ballistic examination. Gallega heard one policeman say, “Patayin na iyan.” (He should be killed.) His head was covered with a black cloth bag. In panic, Gallega screamed for help and tried to run back inside the precinct. The police immediately removed the cloth bag from his head.
The police charged Gallega with illegal possesion of firearms and explosives. On February 17, 2014, Sorsogon City Prosecutor Alma Zacarias dismissed the charges stipulating that the search conducted was unlawful, and that the alleged evidence used against Gallega was inadmissible. The Prosecutor added that Gallega’s “alleged admission that he had a handgun could not be taken against him because his right under custodial investigation, particularly the right to counsel, was violated.” The order for Gallega’s release was issued.
Thirdly, on 24 February 2014, almost 100 member-consumers of the Albay Electric Cooperative (Aleco) and their supporters held an assembly inside the Aleco compound. The Aleco consumers protested the impending take-over of the San Miguel Energy Corporation (SMEC), owned by the Cojuanco clan, on the consumers’ electric cooperative which they asserted will result to increased electricity rates.
At 10am, around 18 policemen, led by police chief Rommel dela Rama and Inspector Reynaldo Castuera, arrived and ordered the protesters to leave the premises. Some of the policemen were in civilian clothes.
Dela Rama threatened that the group will be dispersed if they refuse to leave. Paul Vincent Casilihan, Karapatan-Bikol spokesperson and Atty. Bartolome Rayco, chairperson of the Aleco Multi-Sectoral Stakeholders Organization (AMSSO) and National Union of People’s Lawyer (NUPL)-Albay chapter asserted they were exercising their rights as member-consumers of Aleco.
At afternoon, police chief Dela Rama said the protesters will be arrested if they do not leave. But Rayco and Casilihan insisted that there were no legal grounds for the police to arrest them. Dela Rama then ordered his men to arrest Casilihan immediately. The police chief pointed to Casilihan and shouted, “Posasan na yan! Hulihin ito!” (Handcuff him! Arrest him!). Uniformed policemen gathered around Casilihan. Seeing this, Kilusang Mayo Uno member Hernan Certeza approached Casilihan’s, but he too, was arrested.
Police grabbed Certeza, pushed him to the ground and handcuffed him. Karl Anthony Canata, a 17-year-old artist of the Kaboronyogan Cultural Network was also handcuffed and pushed into a police car with Certeza and Casilihan. Dela Rama likewise ordered the arrest of Atty. Rayco who was escorted by policemen inside the police vehicle. The police confiscated the protesters’ jeepney and other belongings.
Canata, Certeza and Casilihan suffered bruises while Canata’s elbows were wounded. Canata’s handcuffs were only removed upon insistence of the lawyer. He was transferred to the City Social Welfare and Development (CSWD) at 2pm.
The police charged Rayco, Casilihan and Certeza with grave coercion and malicious mischief. At 11:30 pm the City Prosecutor ordered their release since the warrantless arrest was not considered valid. The three were released at 1am on 25 February 2014. Canata, on the other hand, was forced to sign a certification at the CSWD without the presence of any of his parents and legal counsel. A member of the Karapatan quick response team Atty. Maddona Gay Escio, was barred from entering the CSWD to assist Canata and his mother.
Canata was only released at noon of February 25, after his mother was forced to sign a document stating that she will not allow her child to go to the Karapatan office or be with Casilihan. The police officers only released the passenger jeepney and other confiscated upon insistence of Casilihan.
I urge you to ensure that this incident is properly investigated and to ensure that those involved are held responsible without delay. Also, to ensure the witnesses and families of the murdered victims, should they decide to prosecute the case, must be guaranteed with adequate security and protection promptly.
I trust that you will take appropriate action in these cases. Those who face threats should also be afforded adequate protection and the identities of those involved in the threats must be established.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Benigno Aquino III
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80
2. Ms. Loretta Ann Rosales
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chair.rosales.chr@gmail.com
3. Police Director Alan LM Purisima
Chief, Philippine National Police
Camp General Rafael Crame
Quezon City, Philippines
Fax +632 7248763
Email: feedback@pnp.gov.ph
4. Ms. Leila de Lima
Secretary
Department of Justice (DOJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: soj@doj.gov.ph
Thank you.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC) (ua@ahrc.asia)
