UPDATE (Philippines): A policy of killings – military linked to the execution of Pastor Sta. Rosa 

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information concerning the extra-judicial killing of a United Methodist Church religious worker, Pastor Isaias Sta. Rosa, who was killed on August 3, 2006. AHRC previously reported on this killing (see UA-274-2006), alleging that it was another case of killing of members of the clergy by members of the military.

Members of the clergy have been killed, along with journalists, political party members, human rights activists and members of student groups, in a spate of killings in the Philippines, which has reportedly claimed the lives of over 700 persons since 2001. The AHRC has launched an online petition to denounce these killings, which you can find here: http://www.pinoyhr.net/. There are credible grounds to suggest that most, if not all, of these killings may have been perpetrated by state-agents as part of a government and military policy to eradicate the political, leftist opposition in the country.

This case in particular clearly appears to show the involvement of the military. At around 7:30pm on August 3, 2006, armed men entered the house of Pastor Isaias’s brothers, Rey and Jonathan (26). The perpetrators later went to Pastor Isaias’ house taking his brothers with them. When his wife Sonia opened the door, three armed, hooded men forcibly entered the home and ordered all those inside to drop to the floor. They then grabbed Pastor Isaias, and beat him while trying to force him to admit that he was in fact a person named “Elmer” who they were searching for. Pastor Isaias denied being that person and told them to check his identification card.

Pastor Isaias then taken outside, while his family remained indoors. When his family were certain that the armed men had left, his wife Sonia rushed outside. They found the dead body of Pastor Isaias lying in a nearby creek, some 40-50 meters away from their residence in Barangay (village) Malobago, Daraga, Albay. He suffered six gunshot wounds, three of which hit his chest, two hit his thigh and another one hit his foot.

The latest information has been provided by a 12-person fact-finding mission conducted by the United Methodist Church. Evidence collected points to the Army’s 9th Infantry Division (ID) as being responsible for having shot and killed the 47-year old pastor outside his house in the village of Malobago. Pastor Sta. Rosa was reportedly a member of the leftist Kilusang Magbubukid ng Bicol (Peasant Movement of Bicol).

The evidence linking the military to the killing is very strong in this case, as the body of one of the members of the group of ten masked perpetrators was found dead next to the pastor’s. The local police have identified the body as being that of Corporal Lordger Pastrana. On his body were found: an identification card showing that he was a member of the 9th ID, based in Pili, Camarines Sur; a 45-caliber pistol; a cellular phone allegedly taken from Sta. Rosa’s house; and a mission order dated July 22, 2006 that was signed by Major Earnest Mark Rosal of Camp Matillana, Pili, Camarines Sur.

Pastrana is believed to have been one of the gunmen, but it is thought that he was accidentally shot by his own men while they were trying to subdue a fleeing Sta. Rosa. The corporal reportedly received a bullet in the right side of his body, while the pastor died of six gunshot wounds.

The findings of the fact-finding mission, held between August 12 and 14, 2006, are expected to be handed over to the commission headed by former Supreme Court Justice Jose Melo, which is the latest body to have been tasked by President Gloria Macapagal-Arroyo with investigating the extra-judicial killings in the country following growing local and international concern and outcry. It is vital that the Melo Commission investigate these cases thoroughly and ensure that any alleged perpetrators be prosecuted and, if found guilty, receive punishment that is proportional to the crimes committed. Previous bodies and commissions set up to investigate these killings have been nothing more than smoke-screens and have failed to effectively investigate or lead to the satisfactory prosecution of alleged perpetrators. It is hoped that the Melo Commission will not replicate past failings, as it is vital that these killings stop and that the impunity for past killings be shattered.

The case of Pastor Sta. Rosa’s appears to be a ‘smoking gun’ case, given that the body of an alleged perpetrator, who had military identification on his body as well as a mission order detailing the operation he was part of, was found next to the body of the slain religious worker.

The Asian Human Rights Commission is gravely concerned by the continuing extra-judicial killings in the Philippines and the lack of prosecutions of perpetrators and adequate reparation to the victims’ families. The authorities have taken several steps to set up commissions of inquiry, but these are yet to prove their worth. The case of the killing of Pastor Sta. Rosa should be investigated thoroughly and without delay. The evidence available in this case appears sufficient to conclude that there was direct and planned involvement of the military hierarchy in this killing. The perpetrators and those persons in the military hierarchy that are linked to this killing must be prosecuted. If found guilty, they should be punished under domestic law and in line with international human rights standards. Furthermore, the authorities must be held to account for any proven involvement in this violent death and, more generally, their role in the litany of killings that have plagued the country in recent years.

SUGGESTED ACTION:

Please write letters to the concerned authorities requesting their intervention and urging them to ensure that the killing of Pastor Sta. Rosa is investigated without delay by an impartial body. This case is particularly important because it appears to show the direct involvement of the military in the killing under an operation sanctioned by the 9th Infantry Battalion’s hierarchy. All those found to have directly perpetrated the killing or to be responsible for having ordered it should be prosecuted and tried before a civil court under a transparent and fair trial. If found guilty, these persons must be punished in a manner that is proportional to their crime under domestic law and in line with international human rights laws and standards. The authorities must be held to account for this and any other killings that have carried out in the Philippines.

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