Dear friends,
The Asian Human Rights Commission (AHRC) deeply regrets to inform you that another activist has been killed and his colleague is facing serious threats. Environmental activist Elpidio de la Victoria, programme director of environmental organisation Cebu City Bantay Dagat Commission, was shot in front of his house in Barangay (village) Dauis, Talisay City on 12 April 2006. He died from multiple gunshot wounds a day after the incident. His colleague, Antonio Oposa Jr. is reported to have had serious threats made against his life.
De la Victoria was also a member of the Visayan Sea Squadron, a volunteer organisation campaigning for the protection of the Visayan Sea. Oposa is the head of their group. On April 17 at around 3pm, one of the alleged perpetrators in de la Victorias murder, Senior Police Officer 1 (SPO1) Marcial Bacudo Ocampo (43) was arrested. Witnesses during a police line up identified him inside the Criminal Investigation and Detection Group (CIDG) 7 headquarters in Cebu City. He was disarmed of his .45 caliber pistol service firearm, which was taken for ballistics testing. Prior to Ocampos arrest, Cebu City Mayor Tomas Osmeña announced to the public the P1 million peso (USD 19,230) reward for the arrest of the instigator of de la Victorias murder, in addition to the P200,000.00 (USD 3,846) for the gunman’s capture.
The Police Regional Office (PRO 7) has designated the CIDG 7 to lead the task force it created to investigate de la Victorias murder. While the AHRC appreciates the progress of this case, we maintain a certain level of reservation regarding the duties of the task force to conduct an effective investigation essential to prosecuting the perpetrators. The AHRC has reported on a number of task forces created to investigate killings of activists in the Visayas, yet these have failed to either identify or effectively prosecute the perpetrators. (Please see our previous appeals: UP-106-2005; UP-29-2005; UP-59-2005)
According to the information received, de la Victoria and Oposa were reported targets. Prior to his death, de la Victoria disclosed that the people affected by their campaign had raised P1 million to kill him and Oposa. In an email received by the AHRC, Oposa was convinced that the threats against me have not been empty. De la Victoria and Oposa were at the forefront of the fight against destructive and illegal methods of fishing in the Visayas region–Central Philippines. Their group aimed for the protection of the marine ecosystem.
After de la Victorias death, Oposa raised serious concerns for his safety and of his family. I am not embarrassed to say I am afraid, not so much for myself — I’ve lived a full life — but for my family. If they cannot get me, they may resort to harming my family. I need your help, my friends, very badly, Oposa wrote in his email. Oposa and his family are further victims of threats and violence targeted against activists and their families in the country. (Please see our previous appeals: UA-219-2005; UP-146-2005; UP-160-2005; UA-107-2006)
Violence against environmental activists in the Visayas is not new, however, reports that they are becoming targets of hitmen hired by people affected by environmental protection activities is extremely alarming. This poses serious threats to the lives of activists and their effort to conserve the aqua marine resources in the region.
While this case has shown reasonable progress, the AHRC is deeply concerned that the witnesses, Oposa and his family have not been afforded appropriate protection and security. We are also concerned by reports of possible irregularities in the conduct of arrest made on the alleged perpetrator. A local media report quoted the head of the task force as saying that the arrest on Ocampo occurred without a warrant. He claimed that warrants are not required in hot pursuit operations. However, this understanding of hot pursuit operations contradicts what is commonly observed. Arrests by hot pursuits are applicable only where alleged perpetrators are caught within hours of the crime. In this case, Ocampos arrest took place five days later and in a police line-up. The police authorities must observe due process if they are to effectively prosecute the perpetrators.
SUGGESTED ACTION:
Please write letters to the agencies listed below requesting them to ensure that the court handling the charges filed against the perpetrators observes a speedy trial. The witnesses to Elpidio de la Victoria case, Antonio Oposa Jr. and his family must be afforded with appropriate security and protection without delay. Also, the concerned authorities, in particular the Department of Environment and Natural Resources and the Department of Agriculture must exhaust all means to effectively implement laws and regulations for the protection of the aqua marine resources in the Visayas region. To this end, they must consider providing protection to volunteers and environmental activists to ensure their security.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
PHILIPPINES: Killing of an environmental activist and threat against another
Name of victim killed: Elpidio de la Victoria, a.k.a. “Jojo”, program director of the Cebu City Bantay Dagat Commission. He died a day after he was shot.
Name of alleged perpetrator: Senior Police Officer 1 (SPO1) Marcial Ocampo (43), a member of the Philippine National Police (PNP). He was assigned as desk officer and radioman of the Minglanilla Police Station. He was arrested on 17 April 2006 at 3pm in a police line up by the witnesses to the incident.
Date of incident: 12 April 2006
Place of incident: At the victims house in Barangay (village) Dauis, Talisay City.
Name of person facing threats: Antonio Oposa Jr. He is the head of the Visayan Sea Squadron, an environmental group served by de la Victoria as spokesperson.
It has come to my attention that another activist, Elpidio de la Victoria was murdered while his colleague, Antonio Oposa Jr. is facing serious threats against his life. On 12 April 2006, de la Victoria was repeatedly shot by gunman in front of his house in Barangay (village) Dauis, Talisay City. He died from fatal gunshot wounds a day after the incident. Since then Oposa has faced serious threats and is concerned for the safety of his family.
According to the information I have received, de la Victoria and Oposa were both targeted by hitmen who were hired by a group believed to have been affected by their campaign against destructive and illegal methods of fishing in the Visayas region. It is reported that a P1 million reward was raised by them for de la Victoria and Oposas murder. I very much fear that this might become a new trend whereby persons or groups hire hitmen to eradicate those fighting for environmental concerns. While I appreciate the arrest made on Senior Police Officer 1 (SPO1) Marcial Ocampo, the alleged perpetrator in de la Victorias murder, I am extremely disappointed that no efforts were made that could have prevented his murder.
Therefore, I urge you to ensure that the witness in de la Victorias murder, Oposa and his family are afforded with adequate security and protection without delay. Their safety is essential in not only protecting their lives but in ensuring that justice is brought to the killers of de la Victoria. Oposa and his family must be placed under witness protection as provided for by the RA 6981, an Act for Witness Protection, Security and Benefit. The effective prosecution of the perpetrator and his accomplices depends on the cooperation of witnesses. I also urge you to ensure that the speedy disposition of the case filed against the perpetrator is observed.
While I appreciate the progress already made in this case, I am deeply concerned by the possible irregularities that may have taken place in the arrest of Ocampo. I have learned that there was no warrant on Ocampo when he was arrested. The police claim his arrest was made by virtue of a hot pursuit operation and therefore did not require a warrant. To my understanding, however, arrest on hot pursuit can be made only if the suspects are arrested within hours of the commission of the crime. In this case, Ocampo was arrested five days after de la Victorias murder. I am concerned that this possible irregularity may have serious implications on the future of this case. I call upon the police authorities to observe due process of law while discharging duties. While exerting efforts to attain justice to the murdered victim, due process and the suspects right to be presumed innocent must also be upheld.
Additionally, I urge the Department of Natural Resources and Development (DENR) and the Department of Agriculture (DA) to exhaust all means to strictly implement the rules and regulations for proper protection of aqua marine resources in the Visayas. Those responsible must be arrested and prosecuted to prevent further violence against those campaigning for its protection and conservation. Also, I urge the DENR and DAR to closely cooperate with other environmental activists in the area and consider affording them appropriate protection while discharging their volunteer duties.
I look forward to your intervention in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Ms. Purificacion Quisumbing
Commissioner
Commission on Human Rights of the Philippines
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. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
Email: sechbp@infocom.com.ph
5. Mr. Domingo F. Panganiban
Secretary
Department of Agriculture
4/F DA Annex Building, Elliptical Road, Diliman
Quezon City 1104
PHILIPPINES
Tel. No: +63 2 920 4323 / 4358, 929 8183 local no. 2210
Fax: +63 2 926 6426
6. Mr. Angelo T. Reyes
Secretary
Department of Environment and Natural Resources
2/F DENR Building
Visayas Avenue, Diliman
Quezon City 1104
PHILIPPINES
Tel. No: +63 2 928 0691 to 93
Fax: +63 2 928 0691
7. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Attn: Melinda Ching Simon
Room 1-040
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
E-mail: MChingSimon@ohchr.org
8. 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
9. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR INDEPENDENCE JUDGES & LAWYERS)
E-mail: scronin@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
