UPDATE (Philippines): Office of the Ombudsman for the Military and Other Law Enforcement Offices begins investigation into cases of torture, activists’ killings and concerns on witness protection 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-014-2006
ISSUES: Administration of justice,

[Re: UA-251-2005: Brutal torture of a 25-year-old man over mistaken identity in General Santos City, Mindanao; UP-156-2005: Unabated killing of activists; killing and threats against witnesses exposes the country’s defective witness protection programme
UP-158-2005: Two more activists killed, one of whom suffered twenty-two gunshot wounds; UP-160-2005: Armed men kill female activist in Bataan, Luzon; victim’s colleagues faces serious threat]
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UP-014-2006: PHILIPPINES: Office of the Ombudsman for the Military and Other Law Enforcement Offices begins investigation into cases of torture, activists’ killings and concerns on witness protection

PHILIPPINES: Human rights defenders; Extra-judicial killings; Witness protection; Torture; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) is pleased to inform you that the Office of the Ombudsman for the Military and Other Law Enforcement Offices begins its investigations into three cases which involve the torture of Haron Abubakar Buisan (UA-251-2005); the unabated killing of activists; killing and threats against witnesses (UP-156-2005); the killing of activists Jose Manegdeg III and Albert Terredano (UP-158-2005); and Cathy Alcantara (UP-160-2005).

In a letter dated 10 January 2006 addressed to the AHRC, Mr Orlando Casimiro, deputy ombudsman, assured the AHRC that the Fact Finding Investigation Bureau of his office would conduct an appropriate fact finding investigation following their receipt of AHRC’s appeals requesting for their intervention.

While the AHRC welcomes this development, we retain some level of concern regarding the manner of usual investigations being conducted by the authorities. The AHRC has previously experienced that the investigations on activists’ killing have not reached conclusive findings and the recommendations were not seriously taken. (Please see our previous appeals: UP-75-2005UP-70-2005). They have also not involved the families of the dead in the process of their investigation.

Additionally, there is also a need for the authorities to respond to the plight of torture victim Haron Abubakar Buisan with urgency. The Ombudsman for the Military and Other Law Enforcement Offices should be informed that Buisan has not been afforded adequate medical attention and rehabilitation while in detention. Even though the Commission on Human Rights (CHR) in General Santos City has commenced its investigation, no further efforts were made to ensure his physical and mental recovery. (Please see: UP-007-2006). It was also learned that the injuries on Buisan’s face were still visible when he attended a court hearing on January 13.

Meanwhile, the concerned authorities must consider affording protection to potential witnesses in the cases of Jose Manegdeg III, Albert Terredano and Cathy Alcantara. The families of the dead must also be ensured of their protection while the investigation and prosecution of the cases are in process.

Please write a letter to the Ombudsman for the Military and Other Law Enforcement Offices to ensure that it will exhaust appropriate means in the conduct of their investigation into the cases mentioned above. There should be a performance pledge to ensure the promptness in completing the investigation; there should be conclusive findings to ensure an effective prosecution of the cases; and any recommendations must be taken seriously.

Finally, please urge the concerned authorities to ensure that torture victim Haron Abubakar Buisan is afforded with medical attention without delay. The policemen concerned in General Santos City must also be suspended from their duties once the investigation commences to ensure impartiality.

Urgent Appeals Programme
Asian Human Rights Commission
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To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

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

Dear Mr. Casimiro,

Re: PHILIPPINES: Office of the Ombudsman for the Military and Other Law Enforcement Offices begins investigation into cases of torture, activists’ killings and concerns on witness protection

I welcome the news that the Fact Finding Investigation Bureau of your office will be conducting an investigation into the alleged torture of Haron Abubakar Buisan; the unabated killing of activists; the killing of and threats against witnesses; and the killing of activists Jose Manegdeg III, Albert Terredano and Cathy Alcantara.

While this development is very much appreciated, I retain some level of concern  regarding the manner of usual investigations being conducted by the authorities.

I am aware that in most previous investigations the authorities have failed to reach conclusive findings and even though recommendations were made, they were not seriously acted upon. The concerned authorities have also not involved the families of the dead in the process of their investigation.

I would also like to bring to your notice that torture victim Haron Abubakar Buisan, who is presently detained at the General Santos City Reformatory Center in Barangay Lanton, General Santos City, has not been afforded adequate medical attention and rehabilitation to ensure his full recovery. Although the Commission on Human Rights (CHR) has conducted its investigation on this case, no further efforts were made to ensure the victim’s full physical and mental recovery. It is reported that injuries on Buisan’s face were still visible when he attended a court hearing on January 13.

Additionally, I urge your office to ensure that potential witnesses and the families of murdered activists Jose Manegdeg III, Albert Terredano and Cathy Alcantara are afforded with adequate protection. Ensuring their security and protection is a precondition in the effective prosecution of perpetrators. I am deeply concerned by the government’s inadequate action to ensure an effective and functioning witness protection programme in the county.

Further, I urge your office to involve the victims and families of the dead in these particular cases in the process of your investigation. They must be properly informed regarding any progress in relation to their case.

I trust that you will take appropriate and immediate action on these matters.

Yours sincerely,


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PLEASE SEND COPIES 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. Mrs. Gloria Macapagal-Arroyo
President
Republic of the Philippines
Malacañang Palace
JP Laurel Street, San Miguel
Manila 1005 
PHILIPPINES
Tel No: +63 2 735 6201 / 564 1451 to 80
Fax: +63 2 736 1010

4. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed 
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org

5, Mr. Philip Alston 
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions 
Attn: 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

Document Type : Urgent Appeal Update
Document ID : UP-014-2006
Countries : Philippines,
Issues : Administration of justice,