Dear friends,
The Asian Human Rights Commission (AHRC) deeply regrets to inform you that another peasant leader, Ofelia Rodriguez (61), was killed allegedly by gunmen believed to be military agents in Pampanga, Luzon on 16 January 2006. She was killed inside her house while attending to her granddaughter and elderly mother.
A report by the Ecumenical Movement for Justice and Peace (EMJP), a human rights organisation based in Manila, alleged that 2nd Lieutenant John Paul Nicolas, head of the 69th Infantry Battalion, Philippine Army, may have been involved in Rodriguezs murder. It is alleged that Nicolas had previously threatened to murder Rodriguez. Nicolas also allegedly ordered a neighbour of Rodriguezs to kill her but he refused to do so. On one occasion, Nicolas allegedly forced Rodriguez to admit to being a leader of communist rebels when invited for questioning.
Prior to Rodriguezs murder, two other activists, namely Noli Villalon and Armando Leabres were also murdered on 7 and 10 January respectively. Villalon was murdered in his house in San Miguel, Bulacan while Leabres was found dead a day after he was abducted. This is yet another instance of the unrestrained killings of human rights and political activists in the Philippines.
The AHRC has previously issued a number of appeals to the Philippine government, in particular the Commission on Human Rights (CHR) and the Philippine National Police (PNP), but efforts to prosecute the alleged perpetrators and ensure protection to witnesses and families of the dead have been highly inadequate, if indeed they have occurred at all. Please see our previous appeals: UP-28-2005; UA-219-2005; UP-75-2005; UP-156-2005. Most cases have not been filed in Court due to inadequate police investigations and the gathering of evidence.
We urge your immediate intervention to request the CHR and the Office of the Ombudsman for the Military and Other Law Enforcement Offices to place 2nd Lieutenant John Paul Nicolas under investigation. Nicolas must be suspended from his duties once the investigation commences. If the allegations are found to be true, appropriate criminal and administrative charges must be laid against him. The PNP must also provide protection and security to witnesses and the victims family.
Additionally, please request the Philippine National Police (PNP) to ensure that an impartial and effective investigation is conducted into Noli Villalon and Armando Leabres case. The PNP must exhaust all means of investigation in order to identify the perpetrators in order to effectively prosecute them.
Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:
Name of the victim: Ofelia “Nanay Perla” Rodriguez (61), a resident of Barangay Divisoria, Mexico, Pampanga, Luzon. She was a member of the Divisoria Farmers Association.
Alleged perpetrators: Two gunmen believed to be military agents and 2nd Lt. John Paul Nicolas, head of the 69th Infantry Battalion of the Philippine Army.
Date and place of the incident: 16 January 2006 at around 5.30-6pm in Barangay (village) Divisoria, Mexico, Pampanga, Luzon.
Case details:
At around 5.30-6pm on 6 January 2006, Rodriguez and her family had just finished having their dinner. Rodriguez was carrying her granddaughter Eliza. She was about to serve her ailing mother, Amalia de la Peña, a glass of water when a gunman came inside their house and shot her in the head. Rodriguez died on the spot.
Rodriguezs granddaughter, Michelle (14), who was at the back of their house together with her younger brother, heard the gunshot. She saw a tall, stocky man wearing civilian clothes and a baseball cap exit the house and calmly walk towards another companion waiting outside. The two left together on a motorcycle.
Earlier that day, Michelle said her grandmother had told her that she had seen a man standing near a tree outside of their house. A neighbour had likewise come that day and informed Rodriguez that there was a man looking for her. The man was reportedly carrying a gun. Rodriguezs neighbour, however, was unable to warn her that the man was armed because he was in a hurry and was frightened.
Prior to the incident, Rodriguez and her family had been constantly harassed and threatened by 2nd Lt. John Paul Nicolas, head of the 69th Infantry Battalion, Philippine Army and his men.
On 25 October 2005, during a convenors’ meeting in Quezon City of the STOP PALPARAN Alliance, a group were calling for the discharge from service of Major General Jovito Palparan Jr., head of the Philippine Army’s 7th Infantry Division. Palparans jurisdiction covers the provinces of Central Luzon, including Pampanga. He has been accused of allegedly orchestrating human rights violations.
During that meeting Rodriguez testified that she was invited to a military camp for questioning. She claimed that 2nd Lt. John Paul Nicolas forced her to admit that she was a top-ranking leader of the New Peoples Army (NPA). On another occasion, her daughter confronted Nicolas regarding this threat to murder her mother.
In her testimony, Rodriguez was quoted as saying: “They invited me to go to the camp, I thought it was for some other reason, but when I arrived there, they told me this ‘admit it, we already know all important events happening in the town of Mexico, you alone know. All those we have asked from your town have high regard for you.’ I wasn’t doing anything. I was only there to look after my sick mother.”
After the meeting in Quezon City, harassment and threats against Rodriguez and her family allegedly intensified. On one occasion, a neighbour reportedly approached Rodriguez and said to her that Nicolas had approached him, gave him a gun and ordered him to murder her but he refused.
The Barangay (village) of Divisoria, Mexico, Pampanga, where Rodriguezs family live, is one of the villages wherein the military has deployed their Reengineered Special Operations Team (RSOT). RSOT is reportedly a counter-insurgency programme of the military. Part of the programme is the deployment of military men to “integrate” themselves into communities. It is reported that there has been military abuse.
Meanwhile, two activists, namely Noli Villalon and Armando Leabres were also killed prior to the murder of Rodriguez. Villalon, a peasant was shot in front of his house in San Miguel, Bulacan on January 7 while Leabres, a member of Bayan Muna was found dead after he was abducted on January 10.
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SUGGESTED ACTION:
Please send letters to the relevant agencies listed below requesting them to commence an effective investigation into the Rodriguezs case. The Office of the Ombudsman for the Military and Other Law Enforcement Offices must place 2nd Lt. John Paul Nicolas under investigation over his alleged involvement in Rodriguezs murder. If the allegations are found true, criminal and administrative charges must be laid against him.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
Re: PHILIPPINE: Female peasant leader killed in front of her family
Name of the victim: Ofelia “Nanay Perla” Rodriguez (61), a resident of Barangay Divisoria, Mexico, Pampanga, Luzon. She was a member of the Divisoria Farmers Association.
Alleged perpetrators: Two gunmen believed to be military agents and 2nd Lt. John Paul Nicolas, head of the 69th Infantry Battalion of the Philippine Army.
Date and place of the incident: 16 January 2006 at around 5.30-6pm in Barangay (village) Divisoria, Mexico, Pampanga, Luzon.
I am appalled to learn that another peasant leader, Ofelia Rodriguez, was killed inside her residence in Mexico, Pampanga on 16 January 2006. Rodriguez was attending to her granddaughter and elderly mother when a gunman, believed to be agents of the military, shot her in the head. Prior to this incident, two other activists, Noli Villalon and Armando Leabres were also killed on 7 and 10 January respectively.
I am aware that prior to Rodriguezs murder, she and her family had threats made against their lives allegedly perpetrated by 2nd Lt. John Paul Nicolas, head of the 69th Infantry Battalion of the Philippine Army. Nicolas is reported to have threatened to murder Rodriguez and had ordered and given a gun to her neighbour in order to carry out the killing. On once occasion, Rodriguez was reportedly forced to state that she was a rebel leader.
I urge the Commission on Human Rights (CHR) and the Office of the Ombudsman for the Military and Other Law Enforcement Offices to commence an impartial and immediate investigation into Rodriguezs case. They must place Nicolas under investigation to answer to the allegations laid against him. Once the investigation commences, Nicolas must be suspended from his duty to avoid him influencing the process of investigation and threatening witnesses and the victims family. The police authorities must also afford protection to Rodriguezs family.
I am extremely disappointed by the arbitrary use of power by Nicolas by summoning and interrogating villagers against their will and in the absence of their legal counsel. This practice is totally unacceptable and must be stopped. It undermines a persons right to remain silent and to have a competent lawyer to represent them. Any military officials or their men who are found to tolerate this must be held accountable.
Finally, I request the Philippine National Police (PNP) to exhaust all means of effective investigation into the murder of Noli Villalon and Armando Leabres in order to effectively prosecute the perpetrators. I am deeply concerned by the worsening violence against human rights defenders and political activists in the country, and the governments failure to adequately respond to this.
I trust that you will take immediate action in this case.
Yours sincerely,
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PLEASE SEND LETTERS TO:
1. Ms. Purificacion Quisumbing
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Tel: +63 2 928-5655/926-6188
Fax: +63 2 929-0102
Email: drpvq@chr.gov.ph
2. P/DIR Gen. Arturo Lumibao
Chief, Philippine National Police (PNP)
Camp Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763
3. Mr. Orlando Casimiro
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: +632 926 9032
Fax: +63 2 926-8747
4. Mrs. Gloria Macapagal-Arroyo
President of the Republic
Malacanang Palace
JP Laurel St., San Miguel
Manila
PHILIPPINES
Tel: +632 564 1451 to 80
Fax: +632 742 1641; +632 929 3968
Cell: +63 919 898 4622; +63 917 839 8462
E-mail: corres@op.gov.ph or opnet@ops.gov.ph
5. Gen. Generoso Senga
Chief of Staff
Armed Forces of the Philippines (AFP)
AFP-GHQ Offices, Camp Gen Emilio Aguinaldo
Quezon City
PHILIPPINES
6. Mr. Angelo Reyes
Secretary
Department of Interior and Local Government (DILG)
Camp Aguinaldo, EDSA
Quezon City
PHILIPPINES
Fax: +63 2 925 0332
Email: osec@dilg.gov.ph
7. Prof. Manfred Nowak
Special Rapporteur on the question of torture
Attn: Mr. Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
8. Ms. Yakin Erturk
Special Rapporteur on Elimination of violence against women
c/o Ms Lucinda Ohanlon
Room 3-042
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006
Email: lohanlon@ohchr.org
9. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: lventre@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission