PHILIPPINES: Labour leader and his family face serious threats; three other labourers tortured by the military in Bulacan, Luzon 

Dear friends,

The Asian Human Rights Commission (AHRC) is appalled by the serious threats made against the life of labour union leader, Enrico Estarez and his family. The threats were allegedly made by military officials Colonel Oliras and several men attached to the 24th Infantry Battalion of the Armed Forces of the Philippines (AFP) in San Miguel, Bulacan, Luzon starting on 3 November 2005. Estarez has gone into hiding for fear of his life and was forced to leave his wife and five children. His wife Elizabeth has since been harassed and threatened by the military as she refuses to cooperate with them on her husband’s whereabouts.

Meanwhile, three members of Estarez’s union, namely Francis Paraon, Reynaldo Pizon and Herminio Zuniga, were subjected to mental torture while allegedly being interrogated by Lieutenant Colonel Reyes and his men. They were questioned about the activity and finances of the union.

The three men were forced to provide information on persons not known to them, sign fabricated statements and implicate several persons labeled by the military as communist rebels. One of the torture victims, Zuniga, reportedly suffered severe trauma and has not recovered from a state of shock since the incident. He no longer speaks to anybody and has isolated himself.

In December 2005, these incidents were reported to the national office and regional office III of the Commission on Human Rights (CHR) for their appropriate action and intervention but they have failed to respond. The failure of the CHR to investigate and act on this serious matter is totally unacceptable.

Your intervention is required to ensure that an immediate and impartial investigation is conducted by relevant government agencies. The government agencies, in particular the CHR and the local police, must act without delay in providing security and protection to Enrico Estarez and his family. If necessary Estarez’s family should be taken to a safer place once the investigation commences. Additionally, an adequate rehabilitation programme must be made available to the three torture victims to ensure their full physical and mental recovery.

Appropriate criminal and administrative charges must be filed with the Office of the Ombudsman for the Military and Other Law Enforcement Offices if it is proven that the allegations against the military officials are true. The military practice of conducting interrogations and summoning workers and villagers against their will and in the absence of their legal counsel must be immediately stopped. In the process of inquiry, the involved military officials must be suspended to ensure the impartiality of the investigation and to prevent further threats against the victims.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victims: Enrico Estarez (31), president of the Samahan ng mga Manggagawa ng Console Farm (SAMACOFA), his wife Elizabeth and their five children, namely Ahrby (9), Bhizel (7), Cavies Jordan (5), Diana Joy (3) Eron (1)
Name of torture victims: Francis Paraon, Reynaldo Pizon and Herminio Zuniga, all members of the SAMACOFA
Alleged perpetrators:  Lieutenant Colonel Reyes, Colonel Oliras, Sergeant Gatos and several military men attached to the 24th Infantry Battalion (IB), Armed Forces of the Philippines (AFP). The 24th IB is under the command of the 7th Infantry Division headed by Major General Jovito Palparan
Date and place of incident: Barangay Sta. Ines, San Miguel, Bulacan which began on 3 November 2005 to present

Case details:

On 3 November 2005, military men attached to the 24th Infantry Battalion (IB) set up a detachment at the basketball court beside the Barangay (village) Hall in Sta. Ines, San Miguel, which is located close to the Console Farm where members of the Samahan ng mga Manggagawa ng Console Farm (SAMACOFA) are working. The purpose was reportedly to conduct an anti-insurgency campaign against communist rebels. After the detachment was established, three military officials, namely Lieutenant Colonel Reyes, Colonel Oliras and Sergeant Gatos started summoning workers and villagers for questioning.

On November 6, a number of heavily armed military men went to visit Enrico Estarez’s house where they met his wife, Elizabeth. At that time, Estarez was not present. The military started questioning Elizabeth and subsequently demanded her to produce her husband. Later in the evening, Enrico and several members of their union went to the military detachment to clarify the matter and asked them about their operation at the farm. About fifty heavily armed soldiers led by Colonel Oliras were present at the detachment at the time.

While having their meeting, the military took several photographs of Estarez. When Estarez complained that they were taking his pictures, he was told that if he had no wrong doings he would not feel uncomfortable. The military began asking them about the Oust GMA painting at the Console Farm’s wall. The union members who were together with Enrico were pressed hard to explain about why President Gloria Macapagal Arroyo is the object of the union’s campaign.  Colonel Oliras then requested them to coordinate all their activities with them. After the incident, Estarez left his family and has sought refuge elsewhere.

As a result of being forced into hiding, Estarez has not seen his family or been able to work. He survives through support from colleagues but is worried about how to sustain his family. Three of his children are studying. Elizabeth reportedly can no longer sleep well at night and feels frightened with the constant visits by the military. She is often threatened to reveal the location of her husband. On one occasion, the soldiers illegally searched her house.

Local human rights organisations and provincial officials have attempted to speak with the military but they have refused and boasted that “kami ang militar, kaya kami ang ligal ditto,” (we are the military, and we are the legal authority here).

Since December 25, union members have been subjected to harassment and frequent “invitations” by the military.  Among the particular requests is the election of a temporary president to replace Estarez and to consider disengagement with the Kilusang Mayo Uno (May First Movement), another labour organisation.  All 12 union officers have reportedly been placed under daily surveillance.

It is reported that three of the members of SAMACOFA, Treasurer Francis Paraon, Vice President Reynaldo Pizon and Board of Directors member Herminio Zuniga, were interrogated and mentally tortured by heavily-armed soldiers in a small and dark room inside the same detachment, which is close to Console Farm.

Paraon said that on December 28 at around 8:00am, he and his farm manager, Mario Gelogo, went to the military detachment after he was summoned for questioning. Gelogo left Paraon behind after he spoke with the military. Lieutenant Colonel Reyes approached Paraon and told him: “Alam mo Francis, kung nagsisinungaling ka, pwede kita patayin sa bahay niyo.”(You know Francis, if you will lie, I can kill you in your house). Paraon was taken to a small and dark room where he saw another five armed military men in plain clothes. They started interrogating and threatening him.

Paraon recounted that while he was being questioned the military pointed a gun at him and slammed it on top of the table where he was sitting. The military tried to gather information about the activity of the union and about the communist rebels, which he and his fellow workers are not aware of. When the answers he provided failed to satisfy them, one of the interrogators cocked his gun. He was also verbally abused and was threatened that he would be killed.

Paraon said he was asked information about persons not known to him and the list of the contributions made to the union and how their funds are managed. After he told them that the records are in his house, he was taken to his house, accompanied by the military, to secure the list. Then they went back to the detachment, where he was further interrogated. He was told to write a statement.  When he wrote his statement concerning his membership with the union and how he was treated by the military they did not accept it. They instead prepared a fabricated statement and forced Paraon to sign it.

Another victim Zuniga reportedly suffered trauma and has not recovered from this. He no longer speaks to his fellow workers and has isolated himself from the union and other workers.

ADDITIONAL INFORMATION:

The Samahan ng mga Manggagawa ng Console Farm (SAMACOFA – ANGLO- KMU) is a union of the workers working at the Console Farm.  The farm houses pigs and poultry. The majority of the non-union members are contractual workers. Most of the workers and their families are living in the area. There are around 200 families residing near Console farm, including the families working at the Console Farm.

SAMACOFA achieved a number of accomplishments under the leadership of Enrico Estarez. Among them is the permanent employment of 13 workers, with a second batch of 50 contractual workers who will soon be permanently employed. There has also been an increase in salaries and benefits for the workers. The Console Farm is owned by Soledad Agbayani.

The Center for Trade Union and Human Rights (CTUHR), a labour organization, was informed that another union officer was included on the military’s Wanted List. Because of the fear and continued harassment by the military, some officers are now contemplating retiring from the job and to migrate somewhere.  Other workers can no longer live a normal working life as their management often takes them to the military detachment against their will and in the absence of legal counsel for interrogation when requested by the military.

On January, the union president (name withheld) of Robina Farm was also summoned for questioning by the military.

The AHRC has previously issued cases of human rights defenders and political activists facing serious threats on their lives. Please see our previous appeals: UA-219-2005; UP-28-2005. Although the number of concerned government agencies is aware of these serious matters, they have failed to effectively take measures to ensure the security of and provide protection to human rights defenders facing serious threats.

SUGGESTED ACTION:

Please send the letters to relevant government agencies below asking for immediate intervention to provide protection to Enrico Estarez and his family. Also please request the authorities to conduct an impartial investigation into the allegations of torture committed against Francis Paraon, Reynaldo Pizon and Herminio Zuniga. An appropriate rehabilitation programme must be made available to them to ensure their full mental recovery. Charges must be filed against the military officials involved if the allegations are true.

 

 

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