Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you that 37 protestors have been injured when the policemen violently dispersed them. The police hit them with clubs, truncheons and stabbed one of them with a bladed weapon. One had his little finger cut; others suffered fractured bones and cuts on their heads. Those responsible for the attack are the same policemen whom the AHRC previously reported involved in similar incidents.
CASE DETAILS: (According to information received from the regional office of Karapatan, Southern Tagalog)
On March 6, at around 3pm about 500 protestors coming from Southern Tagalog Region, who had marched for the past four days, towards Manila City had arrived at the national office of the Department of Labor and Employment (DOLE) in Intramuros. The march, which they called Lakbayani, had been held intended to get attention to air the protestors’ grievances, particularly the delays of labour cases pending before the Dole as well as other concerned government agencies.
The march was led by an alliance of labor groups, the Pagkakaisa ng Manggagawa sa Timog Katagalugan-Kilusang Mayo Uno (PAMANTIK-KMU), political party Anakpawis and Bagong Alyansang Makabayan (BAYAN-Southern Tagalog). Those who had joined the march are workers, urban poor, activist and others.
When the protestors arrived in front of the DOLE’s office, then labor secretary Arturo Brion did not show up to meet them for a dialogue regarding their issues of concerns. Some of those protestors are workers coming from companies like Nestle, Toyota and Nissan where the workers had pending labor cases with before the DOLE office. Some of the policemen were seen in front of the DOLE’s office.
While there, the protestors held a program in front of the DOLE’s office purposely to air and have their grievances heard, particularly by the labor secretary. But at around 7pm that day, two fire trucks coming from the Manila Fire Station had come positioning themselves close to the protestors. In the Philippines, deployment of fire trucks in places of demonstrations is seen as either an indication or a threat of possibilities of dispersal.
Upon seeing this, the protestors approached the policemen to negotiate with them. Organizers coming from the Pamantik-KMU and Bayan had spoken with one Colonel Viray of the Manila Police District (MPD) of the Philippine National Police (PNP) requesting him to allow their group to stay until the next day, March 7. The group wanted to meet with the labor secretary before leaving.
Colonel Viray, however, told them that he had to inform the ground commander regarding their request to stay longer. By that time though, about 20 policemen from the MPD, one of whom had been identified as Police Chief Supt. Rogelio Rosales (a.k.a. Jojo), district director of the Manila Police District (MPDC) Station 5, were seen coming outside the DOLE office’ front door.
The group, once again, had approached Rosales and Viray requesting them to allow them carry on with their activity and to stay the area overnight. At around 8:45pm Rosales ordered his policemen to disperse the group. Those firemen mounted at the two fires trucks, which had earlier positioned in the area, suddenly sprayed the protesters with high pressure water cannons. It was subsequently followed by continuous beatings of clubs, truncheons at shields by the policemen against the protestors who had tried to move away. They continued in doing so despite the protestors already running away from them towards a nearby Liwasang Bonifacio. (photo 1 and photo 2)
One of the protestors, Marlon Torres, public information officer of Pamantik, fell on a cemented pavement after he was beaten on the head. As he fell to the ground and lost consciousness, one of his colleagues tried to rescue him to prevent him from being harmed further by grabbing him away from the crowd. (photo 3) But the person who had tried to rescue him was himself beaten by the police. They struck him with a shield and stepped hard on his feet while beating him. They continued on beating him even as he bled and fell to the ground.
Another victim, Nestor Villanueva, a member of the Samahan ng Magsasaka sa Buntog (SAMANA), suffered cuts to his head after he was hit by a truncheon. He had also suffered injuries to different parts of his body after being beaten by the policemen as he was trying to escape.
Also, Philip Nardo, had collapsed after he was struck with truncheon on the back of his head. He fell unconscious. He gained his consciousness back after being thrown into the police’ service vehicle due to the impact of the fall. Another victim, Lucresio Baril, a factory worker, had his left little finger cut off when he used his hand to protect himself from being stabbed by a bladed weapon by one of the policemen.
While the group were being dispersed, they overheard the policemen to have said: “Mga Manila Police Finest kami! (We are Manila Police’ finest)” as they also pursued the protesters to a nearby Liwasang Bonifacio.
About 37 protestors, who had suffered cuts, abrasions, head bumps, contusions and fractured bones, were listed to have been injured when the policemen violently dispersed the group. The flags and banners the protestors were carrying were also damaged due to the violent dispersal.
After the incident, six persons–namely Marlon, Nestor, Philip, Jason Hega, Emmanuel Dioneda and Jay Abahn, were taken into police custody. But despite the serious injuries they already had, the police did not immediately take them to the hospital until an hour later saying that they had no key to the patrol car they use.
At about 1am on March 7 the police took the four persons, Philip, Jason, Jay and Emmanuel, to the Manila Police District at the United Nations’ Avenue. The four persons were treated at the Ospital ng Maynila (Manila Hospital). The two others, Nestor and Marlon, were taken to the police at around 6am.
On the same day, all the six were taken to the Regional Trial Court (RTC) in Manila where they were subjected to inquest proceedings and charged for violation of Batas Pambansa (BP 880) or the Public Assembly Act of 1985. They were also charged for violation of the Revised Penal Code (RPC) for Tumults and other disturbance of public order and direct assaults to persons in authority respectively. However, they were released from police custody for “for further investigation” by the prosecutor.
Of all the victims reported the other ten of whom, namely Noel Alemania, Ronald Balcunit, Neil Nacario, Ariel Legaspi, Mark Anthony Baculo, ED Cubelo, Romeo Legaspi, Virgilio Colandog, one Boyet and Lucresio Baril, were taken to Philippine General Hospital (PGH). Apart from Lucresio who had his little finger cut-off the other victims suffered various injuries to their bodies.
Some of the personal belongings deposited at the service vehicle, which was used by the protesters for their activity, have also gone missing after it was released from police custody. The food and kitchen utensils were lost. Two persons, JM and Edgardo had also lost their wallets containing mobile phone SIM card and cash amounting to P2,470 (USD 59) respectively. Two others, Jerold lost his belt bag containing an MP4 Black mobile phone and Riza her pouch containing P600 (USD 14).
ADDITIONAL INFORMATION:
This is not the first time wherein the same police unit had been involved in violently dispersing protestors holding peaceful demonstrations. They have routinely used brute and unnecessary force in dispersing protestors whether or not they have obtained necessary permits; or the demonstrations are held in public places and parks where permits are not required.
In October 2007, the AHRC also reported the same police unit for violently dispersing public school teachers holding protest despite them having obtained necessary permits. They held their activities in freedom parks where permits are not required and applied for necessary permits but they were nevertheless dispersed. The policemen involved have since been not held to account: For further details please read: UA-300-2007
In another case, in September 2007 the said police unit also used violence and excessive force against workers protesting in front of DOLE. They were expressing their dissatisfaction over the Dole’s failure in dealing with their concern. The AHRC has reported the police use of unnecessary force to the Office of the Military and Other Law Enforcement Authorities (MOLE); however, in its resolution sent to the AHRC the MOLE has exonerated the policemen and their unit involved. To read the full text of the resolution; for details of the case: UA-299-2007.
The police, too, have learned the use of bladed weapons in attacking the protestors as illustrated by this case above. The little finger of one of the protestors, Lucresio, having cut off proved earlier suspicions that the police had been using bladed weapons in dispersing protests. Apart from clubs and truncheons, the police dispersal units are also often seen carrying firearms with them and are positioning themselves too close which should have not been allowed.
The police’s use of clubs and shields is intended to reduce the gravity of force in dispersing protestors; however, in the Philippines these have been used as defence for to deliberately attack protestors and to gain advantage by force against the protestors. Thus, the brute and violent means has since been a routine practice of the police in dispersing protestors. They wound and injure protestors but they have obtained a certain level of immunity from their illegal acts.
While the police could easily detain and file several charges against the protestors following the confrontation, they have not been charged and held to account for their actions. Even if they are charged before the Ombudsman, the latter often makes rulings which exonerate them. Though the victims could file criminal complaint to quasi-judicial bodies; for instance the Commission on Human Rights (CHR) but this itself is a very lengthy exercise.
Therefore, in every incident of violent confrontations the protestors are routinely on the disadvantaged and losing end. This condition has created an environment whereby policemen no longer controls the crowd and enforce the laws; but are themselves deliberately attacking the protestors, breaks the law and could get away with it easy creating a cycle with assurance of impunity.
SUGGESTED ACTION:
Please write letters to the concerned authorities drawing their attention into the continuing practice of the said police unit in using brute and unnecessary force in dealing with protestors. Those responsible of failing to take the seriously injured victims to hospital for their medical attention must also be investigated.
The AHRC has also written to the Special Rapporteur on the Question of Torture and on the promotion and protection of the right to freedom of opinion and expression and Special Representative for human rights defenders.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
PHILIPPINES: Policemen attack peaceful protest yet again
Name of the victims:
1. Marlon V. Torres, 35, Public Information Officer (PIO) for Pagkakaisa ng Manggagawa sa Timog Katagalugan-Kilusang Mayo Uno (PAMANTIK-KMU) at Coordinator ng KUMASA, a resident of Jude St, Cabuyao, Laguna. He suffered injuries to his head, fractured bone on his right arm as mentioned in the Medical Certificate from the Opital ng Maynila.
2. Nestor A. Villanueva, 50, a member of Samahang ng Magsasaka sa Buntog (SAMANA- PUMALAG). His left little finger was fractured and he had injuries to his head.
3. Jason A. Hega, 26, a member of KASAMA-TK-KMP and a political party Anakpawis (Toiling Masses). He suffered contusion on various parts of his body, cuts and abrasions to his upper buttock.
4. Philip S. Nardo, 23, a member of a political party Anakbayan (Youth of the Nation) in Cavite, a resident of Barangay (village) Fatima, Santos, Dasmarinas, Cavite. He suffered injuries to his head and left leg.
5. Emmanuel J. Dioneda, 43, director for the Labor Education Advocacy Development and Services and Research Institute (LEADER), a resident of No. 992 P Vallejo, Sta Rosa, Laguna. He suffered contusions and abrasions to various parts of his body.
6. Jay D Aban, 28, a resident of No. 1039 Guevarra Street, Sta. Cruz Manila.
7. Leo Fuentes, 20, a student of the University of the Philippines Los Banos (UPLB) and chairperson of the University Student Council (USC). He suffered contusion and his right arm swelled.
8. Joseph Doinarsi, 27, a member of ANAKPUSO, a resident of San Pedro, Laguna. He suffered injuries to his right eye.
9. Rolando Gonzales, 36, a member of ANAKPUSO, a resident of San Pedro, Laguna. He was hit to his forehead and the right portion of his back had cuts.
10. Joe Francisco, 26, a member of ANAKPUSO, a resident of San Perdo, Laguna. He right arm swelled due to beatings
11. Luis Arikaya, 41, a member of Kalipunan ng Damayang Mahihirap (Kadamay), a resident of Sta. Rosa, Laguna. He suffered injuries to his left shoulder.
12. Jhun Torres, 19, a member of Kadamay, a resident of Sta. Rosa, Laguna. He suffered cuts, his left hand swelled due to beatings and his right knee wounded after he fell to the ground.
13. Tirso Bautista, 35, a member of Kadamay, a resident of Sta. Rosa, Laguna. His left belly swelled and had cuts.
14. Jay Fabella, 41, a staff member of Cabuyao Workers Alliance (Cawal). He suffered contusion to his right belly, arm and leg due to beatings. He was also hit on the head.
15. Lucresio Baril, 46, a worker for Toyota Motor Philippines, a member of the Toyota Motor Philippines Corporation Workers Association (TMPCWA), Kadamay National Office. He was hit to his right breast, left portion of his mouth, right shoulder, on forehead. His left little finger has been cut off.
16. Virgilio C. Clandog, 33, a worker for Toyota Motor Philippines and a member of the TMPCWA. He was hit on the left portion of his head. He was beaten on the head, had fractured finger on his left hand and hand injures to his knee.
17. Neil Nacario, 28, a worker for Hanjin Garments, a member of Aniban ng Manggagawang Inaapi sa Hanjin (AMIHAN),a member of Cawal. He suffered abrasions to his right elbow and left hand.
18. Rommel Mariano, 40, a worker for Toyota Motors Philippines; a member of the TMPCWA. His left hand swelled, was beaten on the back and head.
19. Federico Torres, 33, a worker for Toyota Motor Philippines; a member of the board of the TMPCWA-PAMANTIK; he suffered injuries to his left palm and pelvis, He right knee and fingers also had cuts.
20. Francisco Jose, 26, a member of the Pamprobinsyang Ugnayan ng mga Magsasaka sa Laguna (PUMALAG). He was hit to his right hand and his elbow swelled.
21. Rolando Gonzales, 36, a member of the Pumalag. He was hit to his left hand and the left portion of his back had abrasions.
22. Ronald Balcunit, 19, a member of the Solidarity of Cavite Workers (SCW). He suffered injuries to his left leg, right fingers. His right ear suffered hearing problem after having dose with high pressure water cannons. His lips had cut.
23. Reden Busadre, 33, a member of the National Coalition for the Protection of Workers Rights Southern Tagalog (NCPWR-ST). He was hit on the back, had head bumps and abrasion to his right fingers.
24. Mark Anthony Baculo, 22, a member of the Southern Tagalog Cultural Network (STCN), a resident of No. 409 Jude Street, Barangay Sala, Cabuyao, Laguna. He suffered injuries to his left hand and the left portion of his back had contusion and abrasions.
25. Noel Sanchez, 41, a chief steward of the Union of Filipro Employees Drug Food Alliance-Kilusang Mayo Uno (UFE-DFA-KMU); coordinator for the Cawal. He was hit on the left portion of his belly due to police beating resulting for him to vomit, stomach pain and swelling.
26. Noel Alemania, 43, acting president of the Union of Filipro EmployeesDrug Food Alliance-Kilusang Mayo Uno (UFE-DFA-KMU); deputy secretary general of the Pagkakaisa ng Manggagawa sa Timog Katagalugan (PAMANTIK- KMU). He suffered contusions on the right portion of his back, his left leg swelled due to police beatings and his stomach was hit by truncheon.
27. ED Cubelo, 36, a worker at the Toyota Motor Philippines, president of the TMPCWA. He suffered contusions and cuts to his back.
28. Wenacito Urgel, 35, a worker of the Toyota Motor Philippines, vice president of the TMPCWA. He suffered contusion to his left arm, cuts to his right elbow, abrasion to his left leg, abrasion and cuts to his left belly.
29. Roderick Vidal, 25, a worker for the Toyota Motor Philippines; a member of the TMPCWA; he suffered fractured index finger.
30. Rowell Delgado, 24, a worker for Toyota Motor Philippines, a member of the TMPCWA. He suffered abrasions to his body.
31. Rolando Mingo, 52, chairman of the Southern Tagalog Region Transport Sector Organization (STARTER) and Vice- Chairman ng Pinag-isang Lakas ng Transport Organization (PISTON). He suffered head bumps and abrasions to his right wrist, contusion to his right leg.
32. Romeo Legaspi, 46, chairman of the Pamantik, chairman of a political party Anakpawis in Southern Tagalog, president of the Organized Labor Association in Line Industries and Agriculture (OLALIA-KMU), president of the Lakas ng Manggagawa Nagkakaisa ng Honda Cars Phils (LMNH-OLALIA-KMU). He suffered bumps to his left forehead and contusion to his left breast.
33. JM Pamulaklakin, 24, a resident of Los Banos, Laguna.
34. Edgardo Laresma, 28, a member of the ROTOR- STARTER
35. Jerold Rosales, 26, a staff of the LEADER
36. Riza
37. Janet Barrientos, 44, a staff member of GabrielaSouthern Tagalog and member of the Gabriela Women’s Party (GWP-ST). She suffered contusion and swelling of her left arm.
Place of incident: In front of the office of the Department of Labor and Employment (DOLE) along Murallo Street, Intramuros, Manila
Date of incident: 6 March 2008, at around 8:45pm
Name of alleged perpetrator:
1. Police Superintendent Rogelio Rosales (a.k.a. Jojo), district director of the Manila Police District (MPD), Philippine National Polcie (PNP), Station 5, Ermita, Manila City
2. Colonel Viray, deputy chief of the MPD-PNP
3. Senior Police Officer (SPO) Reyes
4. SPO Tan
5. SPO Dela Cruz
6. SPO Dela Santos
7. SPO Binuyag
(About 15 other policemen attached to the said police unit. There are also other persons wearing plain clothes aiding the policemen were seen in the place)
I am writing to express my grave concern regarding yet another use of excessive and brute force by policemen attached to the Manila Police District (MPD) who had previously been involved in violent dispersals of peaceful demonstration.
I have learned that on March 6, the victims whose names and extent of their injuries are mentioned above were holding demonstrations in front of the head office of the Department of Labor and Employment (Dole) when they were attacked by the said policemen as they are dispersed. The group had come to Manila after marching their way through for four days from different places in Southern part of Manila to air their legitimate grievances.
It is disappointing that despite the protesters having exhausted means to prevent confrontation by way of negotiation with the police and by requesting them to allow them carry on their peaceful activities they were ignored. The police, despite having no reasonable indications of the necessity to use brute force, have suddenly close in towards the protesters. They sprayed them with high pressure water cannons and subsequently continuously beat them hard in pushing them away, even as the protestors tried to run away from pursuing policemen carrying clubs and truncheons.
I have learned that 37 persons were reported to have been injured while some of them suffered serious wounds, contusions, abrasion and fractured bones. One of them, Lucresio Baril, had his left little finger cut-off as he tried to cover himself from being stabbed by a policeman allegedly carrying a bladed weapon. The police, too, did not stop in beating victim Marlon Torres even as he fell and was shoved to the pavement. His colleague tried to rescue by dragging him away but was himself beaten.
Another victim, Philip Nardo, was also thrown into the police’ service vehicle despite losing his consciousness because of the severity of beatings. It was the impact of his fall that threw him so hard that he had regained his consciousness immediately. Nestor Villanueva likewise suffered cuts to his head due to beatings. Apart from them, several other persons have also suffered varying degrees of injuries from the incident.
Also, six of the victims, namely Marlon, Nestor, Philip, Jason Hega, Emmanuel Dioneda and Jay Abahn, were taken into police custody and were subsequently charged for violation of Batas Pambansa (BP 880). They were also charged for Tumults and other disturbance of public order and direct assaults to persons in authority respectively under the Revised Penal Code (RPC). The prosecutor though release them from police’ custody for further investigation.
It is extremely disappointing that the police have routinely been able to injure and wound protestors without having been held responsible. I am aware that they have been doing these practices regardless of whether or not those holding protestors had necessary permits. The use of clubs, shields and truncheons by the police have become not as their means to either prevent or reduce the use of force; but rather used to violently attack protestors.
Having no permits should have not been used as a justification for the police to gain a certain level of immunity from using violence. The actions by the police should have been necessary and appropriate to a particular situation.
In this case though, even protestors who have tried to run away and those who have fallen unconscious, amongst other things, are being pursued with beatings. These acts itself can’t be justified merely on the pretext of enforcing laws and restoring public order. I am deeply concerned that the policemen attached to this unit have continuously and repeatedly been able to commit brute force and violence without any possibility to have them held responsible.
It is unacceptable that these policemen committed these acts repeatedly; for instance, in September and October 2007 the same policemen and unit have violently dispersed workers also holding peaceful demonstration in front of Dole and public teachers who are observing activities for teacher’s day respectively.
I therefore urge you to ensure that a credible investigation be conducted to look into this fresh allegations against the policemen. The failure to have these policemen held to account to their action has since emboldened them to repeatedly commit similar violations and use of violent force. To ignore this pattern of abuse is completely unacceptable.
Yours sincerely,
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PLEASE SEND YOUR LETTER TO:
1. Mrs. Gloria Macapagal-Arroyo
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
E-mail: corres@op.gov.ph
2. Mrs. Purificacion Quisumbing
Commissioner
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: drpvq@yahoo.com
3. Deputy Director General Avelino Razon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Fax: +63 2724 8763
Tel: +63 2 726 4361/4366/8763
E-mail: bluetree73@gmail.com
4. Mr. Emilio Gonzalez
Deputy Ombudsman
Office of the Deputy Ombudsman for the Military
and Other Law Enforcement Offices
3rd Floor, Ombudsman Bldg., Agham Road, Diliman
1104 Quezon City
PHILIPPINES
Tel: +63 2 926 9032
Fax: +63 2 926 8747
5. Mr. Ronaldo V. Puno
Secretary
Department of Interior and Local Government (DILG)
A. Francisco Gold Condominium II
EDSA cor. Mapagmahal St., Diliman
Quezon City
PHILIPPINES
Fax: +63 2 925 0332
Tel: +63 2 925 0330 / 31
E-mail: rvpuno@dilg.gov.ph
6. Mr. Raul Gonzalez
Secretary
Department of Justice (DoJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: agnesdeva@yahoo.com
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
