Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you that the police authorities, in particular in Davao City, are now trying to exonerate themselves from their continued failure to have each of the vigilante killings solve and effectively prosecuted, by putting the blame on either the lack of witnesses or refusal to cooperate in prosecuting cases. There are another ten vigilante killings that has been reported, five of whom in Davao.
UPDATED INFORMATION:
In our previous appeal AHRC-UAU-044-2008, we correctly appealed that the respective local executives and police officials concerned, where these extrajudicial killings continue to take place, should take immediate action to ensure that each case is effectively investigated and the perpetrators punished.
In response to these appeals, Senior Superintendent, Ramon Apolinario, city director of the Davao City Police Office (DCPO), placed the blame for the failure of the police on the lack of witnesses or their reluctance to come forward, thereby attempting to exonerate the police authorities and his men.
Sr. Supt. Apolinario was quoted in this report to have said: “As long as we do not have the testimonies of the witnesses, we can never file the formal charges”. Apart from investigating cases, it is the responsibility of the police to ensure that witnesses involved in cases they file in court are protected and that the case progresses. Thus, the police has had the obligation to exhaust all means possible to ensure that witnesses come forward and are recommended under the Witness Protection, Security and Benefit Act (6981).
However, what the police are practicing there, as it is shown already in Sr. Supt. Apolinario’s statement, is that if there are no witnesses, or the witness refuses to cooperate, they would simply not file any case. They make no exhaustive effort to assist the witnesses with protection. There is no proactively effort made to assure potential witnesses and their families that they would be secure or covered by the programme, should they cooperate.
Once again, we are including below brief case details of another ten cases of vigilante killings in the cities of Cebu, General Santos and Davao which have left five persons wounded and ten others dead. One of the victims in Davao City was a 16-year-old boy.
1. MICHAEL MELECIO, 22 years old; of Talomo, Davao City. On February 4, when he was on his way home from a carnival, he was waylaid by four unidentified men, one of whom was carrying an improvised gun. One attacker shot him on the neck when he tried to run. Michael said before he was attacked, he received a text message from an unknown mobile phone number asking him where he was. The police, however, claim that the motive for attacking him could have been revenge but no proper investigation was made in this case.
2. HERODEL VELEZ, JR., 24 years old; VICTORIANO VELEZ JR. 52 years old; of Bayside, Tibungco, Davao City. On May 17, when they were sitting outside their shack selling a local delicacy, Herodel, who was a vendor, was shot dead by an unidentified gunman. His uncle, Victoriano was wounded during the incident. The investigators prematurely announced that once again revenge could have been the motive for the murder of Herodel as he has just been released from jail for stabbing a young man.
3. RUBIN IMTONG, 54 years old; PATRICIO CARUMAYAN and OBET BETUDO of F. Villa, Barangay T. Padilla, Cebu City. On June 13, they were shot by four gunmen riding on two separate motorcycles while they were sitting outside their house with their neighbours, Obet Betudo. Patricio and Obet were not hurt but Rubin was shot in his right leg. The gunmen escaped immediately after the attack.
Due to the continuing vigilante killings in this place, the wounded victims have developed a sort of sixth sense and realised that the attackers were coming to kill them as they saw them; thus, they were somehow able to escape from being fatally wounded. There has not been a thorough investigation in this incident.
4. TIRSO REPONTE, 26 years old; of Barangay Ma-a in Davao City. On June 15, Tirso, who was reported to have been allegedly involved in the sex trade of women, was stabbed repeatedly by unknown suspects as he was standing at the corner of Quirino and Palma Gil Streets. He died of his injuries.
5. AN UNKNOWN MAN. On June 15, while he was walking along the Metro Circle in Magallanes street, Davao City, unknown persons suddenly attacked him. The victim could not be identified as he did not have identification documents with him when he was found dead. The place where he was killed, Bankerohan Public Market, is a place where vigilante killings had been taking place. Even though there are police foot patrols in the area they do not prevent this type of attack.
6. BRYAN MASIGA, 26 years old; of Samuel Street, Emily Homes Subdivision , Cabantian, Davao City. On June 15, when he was on his way to a store, two unidentified men shot him several times. The gunmen fled on foot after the shooting incident. The victim’s family is clueless as to the motive for the killing and the neighbors believe he could have been killed over mistaken identity.
7. DEMAS MINDO, of legal age, of Purok Saway, Zone 3, Barangay Labangal, General Santos City. On June 15, when Demas was sitting outside his house, two gunmen on motorcycles appeared and shot him in the chest and head. They fled on board their motorcycles. Demas died three hours later. No adequate police investigation has taken place.
8. ALIAS JR, 16 years old; of Barpa, Agdao, Davao City. On June 16, when he was playing a local coin gamble game “taksi” together with three other minors, an unidentified man armed with knife stabbed him nine times killing him instantly. The attacker had two other companions, one served as a lookout while the other one was on board a motorcycle which the attacker boarded when they escaped. The victim was described as one of “Bakal Boys (steel boys)” for earning money allegedly for stealing steel from cargo vehicles.
9. RONALD JAPITANA, 23 years old and an UNIDENTIFIED MAN; of Silway, General Santos City, EDISON NUEVO, 20 years old; of Barangay Apopong, General Santos City. On June 16, while they were waiting for a ride on their way home, two unidentified men shot them. Japitana and his unidentified companion died due to gunshot wounds to the face and head. Nuevo was hit at the back and stomach and was sent to hospital. Police though prematurely claimed the killing could have been related to the victim supposed involvement in illegal drugs.
10. ALDREN ALBA, 22 years old; of Purok Intik, Barangya Mabuhay, General Santos City. On June 17, Alba was shot dead by two unidentified men while he was sipping coffee with his common law wife, Irene Salazar. Irene said Alba tried to escape from his attackers towards their house after being shot but the suspects followed him and shot him dead. Alba’s father said his son had been trying to reform as he had just been released after being detained for robbery.
Once again, the AHRC urges your appropriate intervention by demanding the concerned authorities, in particular the police in their respective cities, ensure that they exhaust all means to ensure potential witnesses are either afforded with necessary protection arrangement or promptly covered under the witness protection programme once they decided to testify. Please refer to our previous appeals for your appropriate action: AHRC-UAU-044-2008; AHRC-UAU-046-2008.
ADDITIONAL INFORMATION:
The lack of witnesses has been the endemic problem in the prosecution of cases, in particular on the worst forms of human rights violations. The cases either do not reach court for prosecution or would have no progress even if they are filed in court due to lack of witness.
For more details about this: please read our Special Report on this: The Criminal Justice System of the Philippines is Rotten and Prosecution in the Philippines, a chapter of the Special Report – Focus: prosecutions in Asia
In the Philippines, even before a witness could avail himself of the witness protection programme the case to which he is supposed to be testifying should have been filed in court first. Without a case being filed in court, the Department of Justice (DoJ), the agency who is responsible for the implementation of this programme, could not process any application for the programme.
Thus, even when the police claims there are witnesses and when they themselves are continuously failing to afford at least protection arrangement for the witnesses; for instance, with pending application for the witness protection programme, or if the some of the provision under this programme are not amended, there would be the possibility that potential witnesses would never come outas it is already been happening in these places.
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
