UPDATE (Philippines): Investigation required into possible police involvement in labour leader’s death 

Dear friends,

The Asian Human Rights Commission (AHRC) has received further information regarding the case of Diosdado Fortuna, a labour union leader who was slain on 22 September 2005 in Barangay (village) Paciano Rizal in Calamba City, Laguna. (Please visit our previous appeal: FA-27-2005). According to a report by local labour and human rights organisations, there are indications that Fortuna’s killing was well-planned and that the attackers may have had connections with the police or military.

In a report by the Center for Trade Union and Human Rights (CTUHR) it was revealed that Fortuna had been the object of a surveillance operation reportedly by the local police. On April 2002, the local police invited Fortuna and another labour leader, Luz Baculo to discuss matters concerning a protest they were holding at the Nestle Philippines-Cabuyao Plant at that time. During the discussion, Fortuna was told that his organisation and those affiliated with it had been placed under surveillance over suspicions of being fronts of the communist movement.

Labour organizer, Jose Betito was mistakenly abducted as Fortuna in front of his office on 12 October 2003. After Betito’s release there were no efforts to investigate his abduction. Betito was reported to have seen surveillance videos and photos of labour leaders while in captivity. In one of the videos, Fortuna was seen going to his office and had his photo marked with X.

Your immediate intervention is required to request the Commission on Human Rights (CHR) and the Office of the Ombudsman for the Military and Other Law Enforcement Offices to conduct an impartial and independent investigation into Fortuna’s case. The local policemen, in particular the Regional Mobile Group (RMG) should be investigated to answer the allegations made against them. Once the investigation commences, appropriate protection and security must be afforded to witnesses and the family of the dead.

Urgent Appeals Programme
Asian Human Rights Commission
————————————————————————

UPDATED INFORMATION:

Name of the victim: Diosdado Fortuna. He was the president of the United Filipro Employees, a worker’s union of Nestle Philippines-Cabuyao Plant
Alleged perpetrators: Two unidentified gunmen and elements of the Regional Mobile Group (RMG)
Date and place of incident: 22 September 2005, Calamba City, Laguna

Case details:

On 22 September 2005, at around 8am Fortuna arrived at the compound where workers of Nestle Philippines-Cabuyao Plant were holding a protest in Barangay (village) Niugan, Cabuyao, Laguna. After he cleaned the picket line, he went to the office of the Organised Labour in Line Industries and Agriculture (OLALIA) located at the Shine Land Subdivision in Cabuyao to attend a meeting. He arrived at around 9am and stayed there until past noon.

At around 12noon, two men riding a maroon old model Toyota Corolla stopped in front of the office and sounded their horn and lowered their windshield.  One of the men asked Hermie, who is the president of OLALIA: “Saan ang patay dito?” (Is there any dead here). Fortuna, who was then presiding over the meeting, stood up and glanced at the gate. Hermie told them: “Wala namang patay ditto” (Nobody died here). The car then sped off towards the exit of the subdivision.

According to a witnesses description, the two men are aged 30 to 35-years-old, have short hair, pimples and a dark complexion. They have a muscular build and were wearing white sleeveless shirts at the time.

Fortuna left in the afternoon towards the Nestle picket line where he met several students from the University of Sto. Tomas (UST) and stayed until around 4:30pm.  At 4:30pm he received a text message from his wife Luzviminda informing him that their grandson was ill and need to be taken to hospital. Fortuna then told a colleague that he would leave and come back later.

During that time, an unidentified man was seen sitting on a chair in front of a store inside the compound near the picket line. He was seated directly fronting the entrance of the picket line. When he was asked by a store attendant “May bibilhin ka ba?” (Are you buying something?), the man, who was writing text messages on his mobile, stopped and placed his mobile phone in his pocket. He stayed there for about 15 minutes. According to the witness, the man was aged 40 to 45-years-old, was five foot six inches tall, had short hair, prominent cheekbones, dark brown skin, and was wearing a checkered shirt and a black watch.

When Fortuna was preparing to leave the picket line, the unidentified man hurriedly left the compound ahead of Fortuna. Fortuna was riding on his motorbike on his way home. Around 5:20pm, two gun shots were heard in front of the Sagara Factory. Two men wearing helmets were seen shooting Fortuna twice in his back. They sped off onboard a motorcycle heading towards Rodriguez Subdivision. Another motorcycle came and looked on Fortuna who was lying on the ground wounded. Fortuna was taken by a tricycle driver to the Calamba Doctors Hospital but he died an hour later. The autopsy report revealed that Fortuna had suffered a gunshot wound to his heart and his liver.

ADDITIONAL INFORMATION:

Diosdado Fortuna became president of the United Filipro Employees (Nestle Workers’ Union) after their former president Meliton Roxas was killed in a protest in 1989. The labour union of Nestle has been on strike since 14 January 2002 following the Nestle management’s refusal to adhere to the 1991 Supreme Court ruling which provided benefits for workers. Part of the benefit regards the workers’ retirement package. It is part of the collective bargaining agreement (CBA) between the union and the management.

In an interview by the fact-finding team, Luz Baculo, secretary General of labour union PAMANTIK, said she and Fortuna and other labour leaders in the region have been the object of surveillance operations by the police of the CALABARZON (provinces of Batangas, Cavite, Laguna, Quezon and Rizal) and Regional Mobile Group since 2002. On April 2002, the local government and PNP-CALABARZON invited her and Fortuna together with three other leaders to Camp Vicente Lim to discuss the problems of the protest they were holding. Representatives from the Department of Labor and Employment (DoLE) were also present at that meeting. In that meeting, a power point presentation about the trade unions was shown to them. They were told that the 95 union organisations affiliated with the Kilusang Mayo Uno (May First Movement) and OLALIA are the subject of active surveillances over suspicions of being communist fronts.

On 12 October 2003, Baculo’s fellow worker, Jose Betito, was abducted in front of his office and pushed inside a van by mistaken identity by men who may have thought he was Fotuna. Betito and Fortuna had the same build and hair style at the time. When Betito was inside the van, his abductors removed his blindfold. One man said: “Hindi ito!” (It’s not him). Betito was held for more than 24 hours. When Betito was freed, he told his colleagues that his abductors showed him several surveillance videos and photos of labour leaders. One of those in the videos and photos was Fortuna. The video taken showed Fortuna on his way to his office.

It is also reported that the workers on strike have discovered two surveillance cameras installed on the roof top of the Nestle factory. They also suspect that the telephone lines near the picketline are being monitored.  Fortuna’s wife Luzviminda said there were times when men riding motorcycles stopped in front of their house and pretended to buy something at their sari-sari store but were in fact watching them.

————————————————————————

SUGGESTED ACTION:

Please send letters to the relevant agencies listed below requesting for an impartial and effective investigation into Diosdado Fortuna’s death. The local police, in particular the Regional Mobile Group (RMG) should also be placed under investigation to answer to the allegations against them. Additionally, please also request to afford appropriate protection and security to potential witnesses and the family of the dead.