[RE: UA-216-2005: Soldiers kill nine farmers in Leyte, Visayas; UP-141-2005: Peasants were brutally massacred by soldiers; pregnant woman among the dead; UP-019-2006: PHILIPPINES: Possible irregularities in police investigation; survivor details brutal killings of peasants]
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UP-053-2006: PHILIPPINES: Commission on Human Rights (CHR) set to file charges against soldiers allegedly involved in killing peasants in Leyte
PHILIPPINES: Extra-judicial execution; call for speedy disposition of cases; inadequate police investigation; filing of fabricated charges; collapse of rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) is pleased to inform you that the regional office of the Commission on Human Rights (CHR) in Tacloban City, Visayas has identified four of the alleged perpetrators involved in the killing of farmers in Palo, Leyte on 21 November 2005. In a letter dated March 8 received by the AHRC, Mr. Paquito Nacino, CHR VIII regional director wrote that the investigation was finally terminated on 8 February 2006.
Although Nacino did not include the copy of their findings, he did identify Major Lope Dagoy, 2nd Lieutenant Luel Adrian Benedicto, Sergeant Ruel Fernandez and Corporal Dioscoro Jamorawon. Major Dagoy is the commanding officer of the 19th Infantry Battalion, Philippine Army. Nacino added that the military concerned were already duly notified on the pending charges.
Nacino likewise wrote that the case is already with their legal unit for resolution. Filing of appropriate charges, as well as the extension of financial assistance shall be initiated by this (CHR) office once the resolution is completed.
The CHRs findings reaffirm the version of the survivors and families of the dead that the incident was a case of extra-judicial execution and not an encounter as claimed by the police and military. Police Senior Superintendent Manuel Enage Cubillo, chief of the Regional Intelligence and Investigation Division (RIID), earlier release findings claiming the incident was a legitimate encounter between the victims (whom they accused as communist rebels) and the soldiers. Please see our previous appeals: UP-019-2006.
While we appreciate this development, the AHRC raises its concern over possibilities of delays in the filing of charges against the perpetrators and provision of appropriate financial assistance to the survivors and families of the dead. Also, the alleged fabricated charges of illegal possession of firearms, possession of subversive documents among others laid against the victims have not been withdrawn. Please visit our previous appeal for details: UP-141-2005 and UA-216-2005.
SUGGESTED ACTION:
Please write letters to the agencies listed below requesting them to hasten the filing of charges against the alleged perpetrators involved. The regional officer of the Commission on Human Rights (CHR VIII) must resolve the case immediately after receiving counter-affidavits from the concerned military men. They must set deadlines as to when it should be resolved to ensure the speedy filing of charges before the local court. Immediate sanctions and restrictions must be imposed upon the military officials and their men involved. Also, please request the immediate dropping of charges laid against the victims if they are found to have been fabricated.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
PHILIPPINES: Commission on Human Rights (CHR) set to file charges against soldiers allegedly involved in killing peasants in Leyte
It has come to my attention that the regional office of the Commission on Human Rights (CHR VIII) in Tabloban City, Visayas has identified four of the military men allegedly involved in the killing of peasants in Palo, Leyte on 21 November 2005. CHR regional director Paquito Nacino identified Major Lope Dagoy, commanding officer of the 19th Infantry Battalion, Philippine Army and his men 2nd Lieutenant Luel Adrian Benedicto, Sergeant Ruel Fernandez and Corporal Dioscoro Jamorawon, as respondents to the criminal charges.
As you are aware, seven farmers were killed, including a pregnant woman, while 11 others were wounded when the incident occurred. Alleged fabricated charges of illegal possession of firearms and possession of alleged subversive documents have been laid against the victims in court.
While I appreciate the development in identifying the four men, I am deeply concerned by the possible further delay in filing of appropriate criminal charges against the perpetrators and the provision of appropriate assistance to the victims and the families of the dead. I therefore urge you to ensure that charges are filed in court without delay. The regional office of the CHR must resolve the case once it receives the counter-affidavits from the respondents and file it before the court to begin the trial as charged.
The CHR must also ensure that the families of the dead and the survivors are afforded with appropriate financial assistance without delay--as provided for by its mandate. They must also recommend for the imposing of immediate sanctions and restrictions against the military official and his men involved to ensure the impartiality of the case and to prevent the possibility of them threatening or harassing the victims.
Furthermore, I urge you to use your authority to request the local court concerned to consider withdrawing the charges against the victims if indeed the cases are found to have been fabricated. Those victims who remain in jail must be released immediately once the court withdraws the charges.
Finally, I urge you to ensure that the CHR implements its order involving this case accordingly and with urgency. The promptness of resolving the case is essential. Failure by concerned government agencies to perform their duties as required must be dealt with accordingly.
I trust your action in this case will be forthcoming.
Yours sincerely,
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PLEASE SEND YOUR 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. 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. 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
6. 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
7. 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)
