[UP-29-2005: Two more leaders from the Bayan Muna party are killed in Baguio and Tacloban City, UP-59-2005: Another human rights activist killed in Visayas, UP-61-2005: Wounded victim in activist shooting dies]
Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you of the progress of an investigation conducted by the Commission on Human Rights regional office in Tacloban City, regarding the killing of Felidito Dacut, Rev. Edison Lapuz and Alfredo Malinao in Visayas.
In a May 30 letter to the AHRC by Mr. Paquito Nacino, CHR regional director, it was stated that a witness to Dacuts case could no longer be located. The witness, Felix Dumlao, 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.
It was learned that the investigators have postponed Dacuts case (UP-29-2005) until such time witness Dumlao resurfaces to testify or give statements. The cases of Lapuz (UP-59-2005) and Malinao (UP-61-2005) were also put on hold, upon the request of victims wives. They, however, suspect the killings were perpetrated by the military.
Considering this development, AHRC believes that the government has an obligation to provide protection and security to witnesses and relatives who fear for their lives and the repercussions in pursuing justice. Obviously, no witnesses or persons who have personal knowledge of a particular crime would testify if they felt their security and life was threatened.
The AHRC believes there is a need to provide protection, security and assistance to witnesses and the victims relatives. Such a measure is essential if the perpetrators are to be identified, arrested and properly prosecuted.
We therefore urge your immediate intervention asking the Philippine Commission on Human Rights (CHR) and the Department of Justice (DOJ) to consider recommending the witnesses and their relatives to this cases be placed under Republic Act 6981, known as the witness protection, security and benefit program. Such an initiative is essential in seeking justice and fighting against impunity.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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SAMPLE LETTER
Mr. Paquito M. Nacino
Regional director
Commission on Human Rights VIII
2/F OKEY Commercial Complex, Paterno St.
6500 Tacloban City
PHILIPPINES
Telefax: +63 053 321 3396
Dear Mr. Nacino,
Re: PHILIPPINES: Protection needed for witnesses to activists' killings in Visayas
I write to you regarding the progress in the case of Felidito Dacut, Rev. Edison Lapuz and Alfredo Malinao. The three persons were victims of separate killings that took place on March 14 in Tacloban City and May 12 in San Isidro, Leyte.
I learned that your office has recommended that Dacuts case be postponed until such time that the witness, who can not be located after he went into hiding for fear of his life, resurfaces to give statements and testify. I am also aware that both the widows of Lapuz and Malinao have asked for more time to decide before they will cooperate on any efforts regarding their deceased husbands cases.
I express deep concern regarding serious threats to the safety and security of the witnesses and the victims relatives. It is my belief that the government has an obligation to ensure protection, security and assistance to any witnesses to crimes as stipulated in the Republic Act 6981.
With this in mind, I urge your office to study and initiate immediate recommendation to the Department of Justice (DOJ) to place the witnesses and the victims relatives under witness protection.
I believed that the gesture showed by the witness and relatives does not constitute an unwillingness on their part to cooperate in the process of investigation and prosecution. Instead, I believe that the witnesses and relatives have experienced serious threats to their life and security and this is the reason for their partial reluctance to pursue justice. It is obvious that no person or anybody knowledge of a crime would come forward if they felt threatened or in danger.
The provision of protection, security and assistance to the witnesses in these cases is essential in identifying, arresting and prosecuting the perpetrators. I believe that only after they are assured of such protection, that their cooperation and willingness to help authorities in solving the crime will follow.
I trust that you will take action on this serious matter.
Respectfully yours,
________________
SEND A COPY TO:
1. Ms Gloria Macapagal Arroyo
President
Malacanang Palace
J.P. Laurel St., San Miguel
Manila, NCR 1005
PHILIPPINES
Fax: +63 2929 3968
2. Commissioner Purificacion Quisumbing
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman, Quezon City
PHILIPPINES
Fax: +63 2 929 0102/928 0848
Email: drpvq@chr.gov.ph
3. Secretary Avelino J. Cruz Jr.
Department of National Defense
Room 301 DND Bldg.,
Camp Emilio Aguinaldo
E. de los Santos Avenue, Quezon City
PHILIPPINES
Fax: +63 2911 6213
Email: osnd@philonline.com
4. P/DIR Gen. Arturo Lumibao
Chief, Philippine National Police (PNP)
Camp Crame, Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763
5. Secretary Raul M. Gonzalez
Department of Justice (DOJ)
Padre Faura St., Manila
PHILIPPINES
Direct Line +63 2 521-8344; 5213721
Trunkline +63 2 523-84-81 loc.214
Tel. Nos. +63 2 523-8481 to 98
Telefax: +63 2 521-1614
Email: sad@doj.gov.ph
Thank you
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
