PHILIPPINES: Six-year-old child killed by stray bullets from alleged encounter

Dear Friends,

The Asian Human Rights Commission (AHRC) deeply regrets to inform you that a six-year-old child has been killed by stray bullets. The child sustained two gunshot wounds to her back. Since filing a complaint, the child’s family has been harassed by alleged elements of the military. 

CASE DETAILS: (Based on the documentation by the Task Force Detainees of the Philippines (TFDP))

On 8 August 2012 at 10 p.m., the Miraato family heard gunfire. Yusoph Miraato called his wife Elizabeth and their children to come down and take cover when they heard the gunfire. The family returned to the second floor of their house when one of the children said that the gunfire was coming from Marawi State University (MSU). Their daughter Gaily Miraato, six, collapsed as soon as she entered the room. Her mother Elizabeth quickly picked her up and started screaming when she saw blood coming out of Gaily’s mouth. Yusoph carried Gaily and ran out of their house. Elizabeth called for the neighbours’ help and hailed cars that passed by. Gaily was rushed to Amai Pakpak Medical Center where she was pronounced dead on arrival by the doctor. Gaily had two gunshot wounds at her back, one of which exited from her left chest.

On 12 August 2012, the Miraato family formally filed a complaint against Brig. Gen. Daniel A. Lucero, who passed away due to an accident and Lt. Col. Siegfred J. Espina, heads of the 65th Infantry Battalion, 9th Infantry Division. The military member who actually fired the gun which resulted in Gaily’s death was never identified.

Despite the family’s persistence in seeking justice for Gaily, the case has had very little progress. On September 1, 2013, Elizabeth filed a police blotter against an armed group believed to be under the Philippine Army, for visiting their home and allegedly asking Yusoph to sign an Affidavit of Desistance. There were several other occasions when different members of the military allegedly sent by Lt. Col. Espina visited the Miraato residence.

Even at work, Yusoph allegedly experienced harassment and intimidation. Yusoph’s superior, believed to be a friend of Lt. Col. Espina, demoted Yusoph after he declined to settle the case. 

On the night of Gaily’s death, there was in fact an encounter between members of the Philippine Army and “lawless elements” at the Marawi State University (MSU). However, the physical location of the MSU was too far from the Miraato residence to consider it as the source of the stray bullet. According to the counter affidavit presented by the accused, there was an attack in the nearby barracks of the 65th Infantry Battalion, 9th Infantry Division and the National High School located at the back of the Miraato residence, and it was during the exchange of gunshots when Gaily was hit.

Yusoph and Elizabeth expressed their doubts regarding this story. They had gathered signed affidavits of witnesses as proof that there was no encounter at the barracks and the school. According to them, the surrounding area was quiet except for the rounds of firing that killed Gaily. The family argued that the firing was indiscriminate – done as an “acting out”, or was an emotional release or perhaps as “vengeance” for the military men who were injured and killed at the MSU.

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 Rapporteur on extra-judicial, summary, or arbitrary executions.

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