PHILIPPINES: Fabricated charges laid on indigenous human rights defender and his siblings

Dear Friends,

The Asian Human Rights Commission (AHRC) writes with great concern about the fabricated charges laid on Jomorito Goaynon and his seven siblings. The charges are based on a complaint filed by the wife of Dorlito dela Mance, who was killed by members of a rebel group in March 2015. This is the second time false charges have been made against Jomorito, reportedly due to his anti-militarization campaign in Mindanao. 

CASE DETAILS: (Based on the documentation by Alliance for the Advancement of Peoples Rights (KARAPATAN))

Jomorito Goaynon, Chairperson of Kalumbay, a regional organization of Lumad in Northern Mindanao, was named in a complaint filed by Jenita dela Mance, at the Malaybalay City police station. She is the wife of Jomorito’s cousin, Dorlito dela Mance.

On 28 March 2015, Dorlito dela Mance was killed in the presence of his wife and three children, including two minors. He was shot several times and sustained gunshot wounds on the left side of his mouth, neck and other parts of his body. The attending physician declared him dead on arrival.

The perpetrators responsible for the shooting shouted, “Ingna ang nagpatay sa imong bana mga NPA (New People’s Army). Ingna ang mga dela Mance nga panghut-don namo silang tanan kay mga dautang binuhatan! (Tell them the NPA killed your husband. Tell them we will finish off all the dela Mances because of their wrongdoings!)”.

On the basis of this statement, Jenita filed a complaint against Jomorito and his seven siblings, claiming that the Goaynon brothers were members of the Rexan Perez Command-New People’s Army.

It is alleged that this is likely another case of trumped-up criminal charges after the first case against Jomorito Goaynon et al failed. This is the second time Jomorito Goaynon was falsely charged with a criminal offense since he figured prominently in the anti-militarization campaign in Mindanao. In particular, the recent evacuation of more than 1,000 residents from 14 communities to Balit, Agusan del Sur due to the continuous military operations in the villages that victimized civilians.

BACKGROUND INFORMATION:  

On 23 March 2015, Jomorito Goaynon and seven other leaders of people’s organizations and human rights workers received a copy of a petition for a Writ of Habeas Corpus and Writ Amparo filed by the 4th Infantry Division of the Philippine Army (IDPA). Petitioner Tedy Ostos accused the respondents of illegal detention of his son Rene Ostos and family on February 23. Rene was among those who stayed at the evacuation center in Bgy. Balit.

In a resolution of the Court of Appeals dated 5 March 2015, the Court pointed out defects in the petition and ordered the petitioner to correct them within five days.

When questioned by some of the respondents however, Tedy Ostos said he was tortured and detained by soldiers of the 26th Infantry Battalion of the Philippine Army (IBPA) in a Citizen Armed Force Geographical Unit (CAFGU) detachment, who forced him to execute a complaint affidavit.

On April 1, Tedy Ostos, through Atty. Hilarion P. Clapiz Jr., executed an affidavit recanting his testimony against the respondents.

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 situation of human rights defenders and on the rights of indigenous people.

To support this case, please click here: SEND APPEAL LETTER