UPDATE (Philippines): Another delay by Ombudsman prevents filing of murder charges against military men 

[RE: FA-06-2005: PHILIPPINES: three people killed and three others wounded by military forces in Matanao, Davao del Sur, Mindanao; UP-46-2005: PHILIPPINES: A call for speedy resolution of a case filed against the military in the killing of Indigenous Peoples (IPs) in Kiblawan, Davao del Sur; UA-72-2005: PHILIPPINES: Prosecutor’s inaction to file murder charges against military officers who killed two people; UP-130-2006: PHILIPPINES: Court judge delays issuance of arrest warrants to military men charged with murder; UP-151-2006: PHILIPPINES: Ombudsman’s failure to resolve cases of murder, extra-judicial killings and torture, prevents police and military from being charged]
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PHILIPPINES: Delays in adjudication of cases; denial of speedy trial; extra-judicial killings; need for effective witness protection; inaction by the Commission on Human Rights to conduct investigation
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Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information of yet another delay on the part of the Office of the Ombudsman for the Military and Other Law Enforcement Office (MOLEO) to resolve a murder and attempted murder case against military men since July 2005. On 7 March 2005, charges have been filed against two military lieutenants and several others attached to the 25th Infantry Battalion, Philippine Army, before the Office of the Provincial Prosecutor at Digos City. They were charged for the death of three persons and wounding three others on 8 February 2005.  All members are also from an indigenous tribe (Please see for details: UP-46-2005; FA-06-2005).

On 15 June 2005, the Prosecutor forwarded his resolution to the Office of the Ombudsman for Mindanao after having them resolved on May 21. It was learned that the Ombudsman for Mindanao instead forwarded the prosecutor’s resolution to the MOLEO in Quezon City, Metro Manila, on 19 July 2005. Under the existing procedure, complaints against military men should be submitted to the Ombudsman for appropriate action–whether or not it would recommend the filing of formal charges in court against the military men. There has been no progress on the case since. The MOLEO has also failed to resolve the case and perpetrators have not been formally charged in court.

According to the Task Force Detainees of the Philippines – Mindanao (TFDP), one of the victims, Richard Bulane, was discharged from the hospital on June 28, a year and four months after confinement due to severe gunshot wounds that broke his left arm. He was amongst the seriously wounded during the incident.

It can be recalled that Richard and his two relatives, Rogelio and Ricky Bulane are amongst those charged by the military with attempted murder before the Municipal Circuit Trial Court (MCTC III) in Padada-Kiblawan, Davao del Sur on 18 February 2005. The military has claimed it was Bulanes who ambushed their troop. They accused the Bulanes of being members of a rebel group. But after Richard submitted his counter-affidavit supported with evidences, the presiding judge dismissed the case. The judge however has recommended the filing of a Rebellion case against the Bulanes, which was subsequently filed with the Regional Trial Court (RTC), Branch 20 in Digos City.

On 21 March 2006, the court judge handling the Rebellion case directed the Prosecutor during the pre-trial hearing to have the case reinvestigated. It is reported that the allegations in the information charging the victims for Rebellion are not supported with affidavits attached to the courts’ records. On March 31, the Prosecutor’s Office concluded that the reinvestigation conducted, recommended the dismissal of the case due to the insufficiency of evidence. On April 24, the court judge ordered the dismissal of the case.

It was also learned that although the regional office of the Commission on Human Rights (CHR XI) in Davao City has resolved the victim’s complaint against the military men involved, they continued refusing to provide copies of their resolution to the complainants. The Commission conducted the investigation after having received a letter-complaint against the military on 9 March 2005 for the February 2005 incident. Although the Commission has resolved the case, they failed to provide financial assistance to the families of the dead and the survivors despite repeated appeals.

On 19 May 2005, the AHRC reported on Commission’s confirmation that indeed there was a ‘gross violation of human rights’ committed as reported by the media (please see for details: UP-62-2005). The Commission had earlier assured it would recommend for provision of financial assistance to the families of the dead and the victims, and to prosecute the perpetrators–all these however have yet to be materialised a year on.

ADDITIONAL INFORMATION:

The AHRC has recently reported a number of cases, which include serious allegations of torture, extra-judicial killings, murders and attempted murders by the police and military men, wherein the MOLEO failed to resolve them promptly thereby preventing the filing of formal charges in court. (Please see for details: UP-151-2006).

One case has had progress, involving the slain couple Bacar Japalali and his wife Carmen (please see for details: UA-72-2005). According to updated information received, Regional Trial Court Judge Justino Aventurado has been notified by Christopher Lock, Court Administrator of the Supreme Court of the Philippines, to comment on alleged delays in his issuance of warrants of arrests against the military men. Judge Aventurado was advised to take action together with his desired comment within twenty days upon his receipt of the notice.

The AHRC has earlier reported Judge Aventurado’s alleged delays to issue arrest warrants on June 23 (please see for details: UP-130-2006). On July 28, the TFDP likewise made a follow-up with the office of the MOLEO in Quezon City, Metro Manila, with regards to the directive of Judge Aventurado to amend its complaints to homicide. They were told however there is yet to be a response.

On 13 March 2006, the regional office of the Commission on Human Rights (CHR XI) was likewise asked to provide financial assistance to the families of the dead but they have not acted on it. They too did not investigate into the Bacar couple’s killing despite formal complaint filed by the victim’s families and repeated appeals for them to commence an investigation.

SUGGESTED ACTION:
Please write letters to concerned agencies below, in particular the Ombudsman requesting them that it must be resolved without delay and act on the resolution by the Office of the Prosecutor involving a complaint the victims filed against the military. The Commission on Human Rights (CHR XI) must also afford appropriate financial assistance to the families of the dead and the survivors. The security and protection to the families of the dead and the survivors must also be ensured to prevent possible further attacks against them should the case be filed in court.

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