[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; UP-053-2006: PHILIPPINES: Commission on Human Rights (CHR) set to file charges against soldiers allegedly involved in killing peasants in Leyte]
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UP-129-2006: PHILIPPINES: An appeal for the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Office to act on the recommendation of the Commission on Human Rights to file murder charges against the military
PHILIPPINES: Extra-judicial execution; call for speedy disposition of cases; filing of fabricated charges; collapse of rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you about the delays in the filing of charges against four military men allegedly involved in the killing of nine farmers and wounding of ten others on 21 November 2005 in Palo, Leyte. Please read our previous appeals: UA-216-2005; UP-141-2005. On February 17, the regional office of the Commission on Human Rights (CHR VIII) filed complaints against the military men involved before the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Office. Charges of multiple murder and multiple frustrated murder have been filed by the Commission, and requested for the institution of appropriate cases against the respondents.
Although the Commission recommended for the filing of charges to prosecute the military men involved, no charges have yet been filed against them in proper courts. The reason as to why charges have not been filed yet is due to the delay on the part of the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices to act on the recommendations of the Commission. Under the existing procedures, the Ombudsman had to reexamine the findings made by the Commission before it could proceed to court. Once they have established the probable cause, the Ombudsman would recommend for the filing of criminal and administrative charges against the respondents in a proper court and before a quasi-judicial body.
It is reported that four months after the Commission submitted its recommendation, it is still pending and has yet to be acted upon by the Ombudsman. A reliable source has also confirmed that there has been no progress regarding the case. This is despite the repeated follow-ups made by the Commission to the Ombudsman on the case.
Meanwhile, it is reported that progress has been made regarding the governments intervention for the families of the dead and the survivors. In a letter dated May 16 received by the AHRC from lawyer Paquito Nacino, CHR VIII regional director, it was assured they are closely monitoring the development paces of the above cases and had recommended financial assistance to the next heirs of the deceased as well as to the surviving victims. It is not known however whether such assistance has been received.
Nacino also added that the Integrated Bar of the Philippines (IBP) had already pledged to provide legal assistance to the victims, who are poor and unprivileged. It can be recalled that the police authorities allegedly filed fabricated charges against the victims for illegal assembly and illegal possession of firearms. Please see our previous appeal: UP-019-2006.
SUGGESTED ACTION:
Please write letters to Mr. Orlando Casimiro, Deputy Ombudsman for the Military and
Other Law Enforcement Offices, requesting him to act on this matter without delay. The Ombudsman decided on the recommendations made by the regional office of the Commission on Human Rights (CHR VIII) to file charges against the alleged perpetrators in court without delay. Please also urge the concerned agencies listed below requesting their intervention to pressure Mr. Casimiro to ensure this case is given the utmost priority.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Mr. Orlando Casimiro
Deputy Ombudsman for the Military and
Other Law Enforcement Offices
3rd Floor, Ombudsman Bldg., Agham Road
Diliman (1104) Quezon City
PHILIPPINES
Tel: +63 2 926 9032
Fax: +63 2 926 7572
Dear Mr. Casimiro,
PHILIPPINES: An appeal for the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Office to act on the recommendation of the Commission on Human Rights to file murder charges against the military
I am writing to draw your attention to the killing of nine farmers and the wounding of ten others in Palo, Leyte on 21 November 2005. I am certain that you are already familiar with the background of this case, as this has already been brought to your attention.
According to the information I have received, the Commission submitted its recommendations to your office on 17 February 2006 to file charges of multiple murder and multiple frustrated murder against the four military men involved in the November 21 incident. I have learned that the respondents were 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.
I have also learned that Mr. Paquito Nacino, regional director of CHR (VIII), has likewise prayed [for] the institution of appropriate administrative cases against the respondents in addition to the recommendations he made. Four months later, however, I believe that has been no progress made regarding the case.
I am aware that as a matter of procedure to file charges against the perpetrators in proper courts or any quasi-judicial bodies, this must be upon the approval of your office following a review made in this case by the Commission on Human Rights. While I understand these procedures, the delay that they cause is of great concern. As the case is dragged on and justice is stalled, the families of the dead and the survivors continue to endure the feeling of insecurity and trauma as a result of the incident. For this reason it is imperative that cases are resolved as quickly as possible.
I therefore urge your office to take immediate action on the Commissions recommendations. Should there be probable cause to file charges against the respondents it must be done and filed with a proper court without delay.
Yours sincerely,
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PLEASE ALSO 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 Lomibao
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763
3. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
Email: sechbp@infocom.com.ph
4. Mr. Ronaldo V. Puno
Secretary
Department of Interior and Local Government (DILG)
A. Francisco Gold Condominium II
EDSA cor. Mapagmahal St., Diliman
Quezon City
PHILIPPINES
Voice: +63 2 925 0330 / 31
Fax: +63 2 925 0332
Email: rvpuno@dilg.gov.ph
5. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: lventre@ohchr.org / urgent-action@ohchr.org
6. 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 / urgent-action@ohchr.org
9. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
Attn: Ms Vernonica Birga
Room 3-042
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
Email: vbirga@ohchr.org / urgent-action@ohchr.org (please also cc: rrico@ohchr.org)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
