UPDATE (Philippines): Unabated killing of activists; killing and threats against witnesses exposes the country’s defective witness protection programme 

[RE: UP-75-2005: Witnesses of activists’ killings in Luzon refuse to give evidence fearing their security UP-106-2005: Another human rights lawyer killed; wounded priest died while being treated at a hospital; UA-216-2005: Soldiers kill nine farmers in Leyte, Visayas; UP-141-2005: Peasants were brutally massacred by soldiers; pregnant woman among the dead]
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UP-156-2005: PHILIPPINES: Unabated killing of activists; killing and threats against witnesses exposes the country’s defective witness protection programme

PHILIPPINES: Extra-judicial killings; human rights defenders; witness protection; government inadequate action and failure
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Dear friends,

The Asian Human Rights Commission is deeply concerned by the inadequate action of the Government of the Philippines to ensure an effective and functioning witness protection program in the country. The existing law on witness protection, the Republic Act 6981, an Act for Witness Protection, Security and Benefit, is obviously not being implemented effectively (see full text of the act: RA 6981).

The AHRC reiterates daily the government’s responsibility to ensure the protection and safety of its citizens facing serious threats and attempts on their lives, in particular human rights activists, their families and witnesses (please see our previous statement AS-74-2005). Cases strongly suggest that the ineffective implementation of the witness protection programme directly fails to identify and prosecute the alleged perpetrators, and ensure protection of the families of the dead and the witnesses when they resort to filing charges.

This includes the cases of the killings of human rights and political activists Norman Bocar of Eastern Samar, Visayas (UP-106-2005); Ernesto Bang and Joel Reyes of Camarines Norte, Luzon (UP-75-2005); Felidito Dacut of Tacloban City and Fr. Edison Lapuz  and Alredo Malinao of Eastern Visayas (UP-70-2005); and the killing of seven farmers in Palo, Leyte (UA-216-2005; UP-141-2005).

According to reports, the police in Eastern Samar, Visayas, whom Bocar had asked security and protection from after he received threats on his life, may not have acted accordingly to his request. The lone witness in the Bang and Reyes’ killing was killed just prior to his testifying in court. The relatives of victims Dacut, Lapuz and Malinao have not been afforded any protection despite threats on their life, with one witness, Felix Dumlao currently in hiding. Finally, the witnesses in the killing of farmers in Palo, Leyte, Visayas have not been afforded any protection despite the serious danger they would face should they file charges in court.

Your strong intervention is needed to pressure the Philippine government, in particular the Department of Justice (DOJ), to ensure the effective and efficient implementation of the RA 6981. The DOJ must also coordinate with the Commission on Human Rights (CHR) to ensure that the families of the dead and the witnesses in these cases must be considered under protection programmes without delay.

Urgent Appeals Programme
Asian Human Rights Commission
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ADDITION INFORMATION:

It was reported that lawyer Norman Bocar (57), a resident of Borongan, Eastern Samar, Visayas sought the help of police for his security in Eastern Visayas prior to his death on 1 September 2005. It was not known however, whether the police acted or not on his request. The police investigation into his death has no conclusive findings – the perpetrators were not identified.

Local human rights activist working on Bocar’s case have sufficient reason to believe that the motive behind his killing was due to his involvement in human rights advocacy.  Likewise, the police authorities are also looking into the same motive. The Philippine National Police (PNP) also created the “Task Force Bocar”. However, the result of its investigation is not yet known.

Another independent investigation was conducted into Bocar’s killing by the Alyansa ha Pagpanalipod han Tawhanon nga Katungod ha Sinirangan Bisayas (Alliance for the Advancement of People’s Rights in Eastern Visayas), a human rights group. It was reported that there is sufficient testimonial and circumstantial evidence to prove the alleged involvement by the military men being behind the killing.  It was reported that Bocar started receiving threats especially when he assumed the position of chairperson of Bayan (Bagong Alyansang Makabayan) in Eastern Visayas.

At the time of his death Bocar (57) was the provincial environment and tourism officer of Eastern Samar and executive assistant to the provincial governor, Mr. Ben Evardone.  Bocar was a staunch human rights defender and an anti-mining advocate being the incumbent regional chairperson of Sinirangan Bisayas (BAYAN-SB) and former regional coordinator of Bayan Muna Party-list.

Regarding Bang and Reyes’ case, the only witness who could identify the alleged perpetrators in killing, Dario Oresca was killed before he could testify. Even though the local police in Panganiban, Camarines Norte were aware of the threats made against him, Oresca was not placed or afforded any protection. In a letter to the AHRC, the Commission on Human Rights (CHR) regional office in Naga City, the Commission’s special investigator Raymundo de Silva admitted the failure of the RA 6981. The Commission said the programme is not yet thoroughly understood by the populace. The Commission also acknowledged that no witnesses would want to cooperate for extreme fear for their lives. Despite this conclusion, however, the Commission has yet to take effective action.

De Silva, however, concluded in his findings that the killing of Oresca, Reyes and Bang could have been perpetrated by a reformist group. Two of the perpetrators were identified only as Ka Clito or Ka Abril and Ka Darlin or Ka Love, according to the Commission’s report. Owing to this incident, de Silva has recommended that should there be witnesses who would come forward, their application should be taken as a priority.

This is likewise the situation in the cases of Dacut, Fr. Lapuz and Alfredo Malinao. In a May 30 letter to the AHRC by CHR regional director Mr. Paquito Nacino, he said that the witness to Dacut’s case, Felix Dumlao could no longer be located. Dumlao reportedly went into hiding out of fear for his life.  Nacino also said that both relatives of Malinao and Lapuz either did not cooperate or have asked for more time to provide statements. Although the Commission is aware of the threat on the lives of witness Dumlao and the families of victims Malinao and Lapuz, they have not yet acted to ensure their protection and safety.

Meanwhile, it was also learned that witnesses in the killing of peasants in Palo, Leyte reportedly feared for their life. Reports said several witnesses are reportedly willing to testify in filing charges against the alleged perpetrators, the 19th Infantry Battalion, Philippine Army, but have raised concern for their safety. To date, they have not been placed in any appropriate witness protection and assistance to ensure their safety.

The victims and families of the dead are in dire need of immediate assistance. Reports said there are still wounded victims confined at the Eastern Visayas Medical Center (EVRMC).  Three of them are reportedly in a critical condition and require surgery. One of them requires some Php 80,000 (USD 1,454) to cover the cost of the operation.

SUGGESTED ACTION:

Please send letters to the Government of the Philippines, in particular the Department of Justice (DOJ) and the Commission on Human Rights (CHR) and raise your serious concern regarding the ineffective implementation of the witness protection programme in the country – the RA 6981.

 

 

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