[RE: 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; UP-130-2006: PHILIPPINES: Court judge delays issuance of arrest warrants to military men charged with murder; UP-137-2006: PHILIPPINES: More charges filed against police, military and militias involved in torture of 11 persons in Benguet; 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]
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PHILIPPINES: Delays in adjudication of cases; Denial of prompt and speedy trial; torture; extra-judicial killings; a need for effective witness protection
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PETITION – PETITION – PETITION – PETITION
STOP EXTRA-JUDICIAL KILLINGS IN THE PHILIPPINES
http://www.pinoyhr.net/
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Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you regarding the failure on the part of the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices to promptly resolved a number of cases that have long been submitted to them for resolution, investigation and recommendation. These cases include serious allegations of murders, extra-judicial killings and brutal torture by the police and military men. The role of the Ombudsman to resolve these cases promptly is essential. Unless the Ombudsman recommends or endorses the filing of complaints against the perpetrators to the court they will not be formally charged.
Consider the killing of nine peasants, including a pregnant woman, in Palo, Leyte on 21 November 2005 (please see for details: UP-141-2005; UA-216-2005). The military men allegedly responsible for the killings, Major Lope Dagoy, head of the 19th Infantry Battalion, Philippine Army, 2nd Lieutenant Luel Adrian Benedicto, Sergeant Ruel Fernandez and Corporal Dioscoro Jamorawon, all of whom have not been charged in court. Despite recommendations by the Commission on Human Rights (CHR VIII) to the Ombudsman to file charges of multiple murder and attempted murder against them, the Ombudsman failed to resolve the case.
A peasant who was falsely charged and put in detention following the incident, Joselito Tobi, the secretary-general of the Concerned Citizen’s for Justice and Peace (CCJP-Metro Tacloban) , as well as Bayan Muna (People First), died in prison on July 12 at the Leyte Provincial Jail in Palo, Leyte. A reliable source has informed the AHRC that the initial findings into Tobi’s death were caused by food poisoning. Two weeks prior to Tobi’s death, he and his fellow detainee, Arniel Dizon, had been receiving threats on their lives in prison (For related case of threats against prisoners see: UP-092-2006).
The Commission has repeatedly sent communications to the Ombudsman to follow up on the status of their recommendations but no substantial progress has been made so far.
The Ombudsman likewise has failed to respond to the order of a Regional Trial Court (RTC) judge in Tagum City sent on 17 May 2006, in order to amend the complaints filed against a military sergeant and his men. The Ombudsman recommended earlier to file charges of murder should be filed against army sergeant Serafin Jerry Napoles and thirty-one other members of the 404th Infantry Battalion of the Philippine Army for the deaths of a couple on 8 September 2004 in Barangay (village) Bincungan, Tagum City (please see for details: UP-130-2006; UA-72-2005). The failure of the Ombudsman to promptly respond, whether or not it is agreeable to the Judge’s recommendations, resulted in the undue delay of the case. The case cannot proceed in court unless it is determined whether the perpetrators are being charged for murder or homicide. No warrants have also yet to be issued for their arrests.
No substantial progress has likewise been made after the complaint was endorsed to the Ombudsman against six policemen accused of illegally arresting, detaining and brutally torturing eleven persons, two of whom were minors, in Buguias, Benguet on 14 February 2006 (Please see for details: UA-082-2006). The complaint against two of the respondents, Police General Villamor Bumanglag, provincial director of the Benguet Provincial Police Office (BPPO) and Police Superintendent Brent Madjaco, the head of the 1604th Police Provincial Mobile Group, is within the jurisdiction of the Ombudsman.
The Ombudsman’s assurance to look into the torture of Haron Abubakar Buisan over mistaken identity allegedly by elements of the Special Weapons and Tactics (Swat) under the General Santos City Police (GSCPO) on 12 December 2005 produced no result (Please see for details: UA-251-2005). The AHRC is unaware of any investigations being conducted or any charges having been laid against the perpetrators. The torture victims remain in jail to and are facing charges that they falsely confessed to due to brutal torture.
The AHRC is also not aware of any investigations taken up by the Ombudsman into the unabated killings of activists and threats against witnesses as has have promised (Please see for details: UP-156-2005). Similar assurances were also given into the extra-judicial killing of activists Jose Manegdeg III, Albert Terredano (UP-158-2005); and Cathy Alcantara (UP-160-2005); however, there has not been any substantial progress made into the investigations of these cases.
The Ombudsman’s assurances to investigate torture in Buisan, the unabated killings of activists, threats against witnesses, the extra-judicial killings of Manegdeg III, Terredano and Alcanta have not been fulfilled despite the promises made in a letter addressed to the AHRC dated 10 January 2006 by Orlando Casimiro, deputy ombudsman. In his letter, Casimiro assured the AHRC that the Fact Finding Investigation Bureau of his office would conduct an appropriate fact finding investigation after receiving the AHRC’s appeals requesting their intervention (Please see for details: UP-014-2006). Although seven months have past, the Ombudsman’s investigations, if there is any has produced no result.
SUGGESTED ACTION:
Please write letters to concerned agencies, in particular the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Office, to resolved and act promptly to the cases submitted to their office for appropriate action. Should there be failure on their part to take appropriate action into these cases, they must be held accountable.
To support this appeal, please click: 
We also urge you to sign both the petition to STOP EXTRAJUDICIAL KILLINGS IN THE PHILIPPINES: http://www.pinoyhr.net
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
PHILIPPINES: Ombudsman’s failure to resolve cases of murder, extra-judicial killings and torture, prevents police and military from being charged
CASE 1:
Number of victims killed: Nine persons, one victim was pregnant.
Name of alleged perpetrators: Major Lope Dagoy, head of the 19th Infantry Battalion, Philippine Army, 2nd Lieutenant Luel Adrian Benedicto, Sergeant Ruel Fernandez and Corporal Dioscoro Jamorawon
Place of incident: Barangay (village) San Agustin, Palo, Leyte
Date of incident: at 5:00am on 21 November 2005
CASE 2:
Name of victims: Bacar Japalali and his wife Carmen (3 months pregnant at the time of her death)
Name of alleged perpetrators: Sergeant Serafin Jerry Napoles, and thirty-one other members of the 404th Infantry Battalion, Philippine Army
Place of incident: Barangay Bincungan, Tagum City
Date of incident: 8 September 2004
CASE 3:
Number of victims tortured: Eleven persons, two of the victims are minors. Nine of them are presently detained in a jail in La Trinidad, Benguet while the two minors have been released to their parent’s custody.
Name of alleged perpetrators:
1. General Villamor Bumanglag, provincial director of the Benguet Provincial Police Office (BPPO)
2. Police Superintendent Brent Madjaco, the head of the 1604th Police Provincial Mobile Group.
3. Police Senior Inspector Joseph Paulo Bayongasan
4. Senior Police Officer 1 Alyson Kalang-ad
5. Police Officer 2 (PO2) Jonathan Pucya
6. PO2 Wendell B. Baglao
7. PO2 James Ayan Jr.
Place of incident: Abatan, Buguias, Benguet
Date of incident: 14 to 16 February 2006
CASE 4:
Name of the victim: Haron Abubakar Buisan (25). He is presently detained at the General Santos City Reformatory Center (GSCRC).
Alleged perpetrators: Special Weapons and Tactics (Swat) team and several policemen attached to the General Santos City Police Office (GSCPO)
Place of incident: Along the highway in Barangay Bawing, General Santos City
Date of incident: 12 December 2005
CASE 5
Name of the victim: Jose Manegdeg III (37), married with two children, a native of Pagudpud, Ilocos Norte, Philippines. He was the Regional Coordinator of the Rural Missionaries of the Philippines-Ilocos and Cordillera Staff of the Regional Development Center – Katinnulong dagiti Umili iti Amianan (RDC-KADUAMI)
Place of incident: Along the national highway at Barangay Apatot, San Esteban, Ilocos Sur, Luzon
Date of incident: 28 November 2005 at around 10:00pm
CASE 6:
Name of the victim: Albert Terredano (43), married with two children, a resident of Sinapangan, Bangued Abra, Luzon. He was a volunteer of the Cordillera Indigenous People’s Legal Center (DINTEG) and President of the Department of Agrarian Reform Employees Association (DAREA).
Place of incident: Bangued, Abra, Luzon
Date of incident: 29 November 2005 at around 8:45am
CASE 7:
Name of the victim: Cathy Alcantara (44), secretary general of the Kilusan para sa Pambansang Demokrasya (KPD) in Bataan, a national political organisation engaged in the struggle for political and democratic rights. She is survived by her two children and husband.
Place of incident: Near a County Resort in Barangay Gabon, Abucay, Bataan
Date of incident: 5 December 2005
I am writing to draw your attention to the seven cases mentioned above. I am aware that the Office of the Ombudsman for the Military and Other Law Enforcement Offices is completely familiar with each of these cases above, as they have been brought to their attention on several occasions. It has come to my attention however that the Ombudsman is failing to meet their obligations to produce the results of their investigations, either in resolving or submitting their recommendations for filing of charges in court and to respond to orders by the court.
I have learned that the Ombudsman has failed to act on the recommendations made by the Commission on Human Rights (CHR VII) regarding the killing of nine persons, one of whom was pregnant in Palo, Leyte on 21 November 2005. The Commission submitted its recommendation to the Ombudsman on February 17 that the military men involved are accountable for multiple murders and attempted murders. However, the Ombudsmen have yet to act.
The Ombudsman also failed to respond to the order of a Regional Trial Court (RTC) judge in Tagum City on 17 May 2006 to amend its complaint from murder to homicide against a military sergeant and his thirty-one men for the death of Bacar Japalali and his wife Carmen. The Ombudsman has earlier recommended the filing of murder charges against the alleged perpetrators in connection with the couple’s death on 8 September 2004. After several months, the case could not proceed in court as the Ombudsman has yet to respond to the court’s order; no arrest warrants have likewise been issued against the perpetrators.
Additionally, although the Ombudsman has given their assurance on January 2006 that it would conduct investigations into the torture against Haron Abubakar Buisan, the killing of activists Jose Manegdeg III, Albert Terredano and Kathy Alcantara, I am not aware of any results that have come from the investigation or any investigations at all being conducted. I have also learned that the perpetrators of Buisan have not been charge for brutally torturing him. Those responsible for the deaths of activists Manegdeg, Terredano and Alcantara have still not been identified, arrested or prosecuted in a court of law.
I am deeply concerned by the failure of the Ombudsman to act on these cases promptly. As you are aware these undue delays have denied victims and their relatives their right to the speedy disposition of their cases. I know that you would completely agree with me that promptness in resolving these cases is essential in seeking legal remedies and redress. I am extremely disappointed that while the Office of the Ombudsman on its 2005 Annual Report cited the Office of the Ombudsman for the Military and Other Law Enforcement Offices [as] the highest performing office in terms of cases resolved it is obviously failing to act on these cases accordingly.
I trust that you will take the necessary action in these cases with the utmost urgency.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. 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
Email: omb1@ombudsman.gov.ph
2. 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@yahoo.com
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
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
7. 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
8. Professor 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 9179016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
E-mail: ssyed@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)
