Home / News / Urgent Appeals / PHILIPPINES: Conclude investigation into the killing of two farmers
 

PHILIPPINES: Conclude investigation into the killing of two farmers

April 29, 2009

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-044-2009



30 April 2009
---------------------------------------------------------------------
PHILIPPINES: Conclude investigation into the killing of two farmers

ISSUES: Extrajudicial killings; police negligence; administration of justice; right to liberty and security
---------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) is deeply concern over the delay in the conclusion of the investigation into the deaths of two farmers who were last seen alive taken by soldiers in Sta. Catalina, Negros Oriental on 2 February 2009. Their dead bodies had been discovered when the investigators exhumed a gravesite after the witnesses had accompanied them to locate it; however, the investigation in this case has not reached into a conclusion in order to file charges in court.

CASE DETAILS: (According to information received from the Alliance for the Advancement of People's Rights (KARAPATAN-Central Visayas))

The two victims, Julito Quirante and Ronel Raguing were last seen alive on January 31 and February 1 respectively.

Julito left from his house to loan corn from his cousin, Francisco Namoco, who lives in Sitio Buwang, Barangay Milagrosa, Sta. Catalina. On the other hand, Ronel, had gone to his farm to harvest pumpkins and other vegetables that he intended to sell in Sitio Lag-asan, Barangay Nagbinlod, of the same municipality.

Prior to this, however, Julito's wife, Alejandra, has said that on 15 January 2009, the soldiers attached to the 79th Infantry Battalion (IB) of the Philippine Army (PA) already had her husband taken into their camp where they had him subjected to questioning. The soldiers were allegedly accusing him of having been involved in the New People's Army (NPA).

Though the couple were not harmed; however, the soldiers had them taken to a police station in Sta. Catalina where they were subjected to investigation. The soldiers' actions, however, is contrary to the existing rules on criminal procedures; firstly, soldiers had no authority to summon any individuals for questioning; secondly, only the police has the authority to subject an individual into investigation but there should be sufficient reason of their suspicions before they could do; and that the person must be accompanied by a counsel.

However, in remote areas, the soldiers had developed the practice of routinely summoning individuals over mere suspicions they were involved in illegal activities, in particular with a rebel group. In these places, once a person refused to comply with the soldier's order it would result to needlessly discriminating against a person and emboldens their biased suspicion a person is indeed involved in illegal activities. Thus, it results to persons and their families being forced to submit themselves, for lack of choice, against their will.

This is what has happened to Julito and his wife Alejandra.

However, the soldier's alleged involvement into Julito and Ronel's death was also a result of witnesses having seen them being taken by the undetermined number of soldiers in Sitio Kalabasaan, Barangay Nagbinlod, Sta. Catalina. They were last seen being taken to a forested area but when the soldiers emerged from the forested area the two victims, whom the witnesses had seen together with them, were already gone.

On 20 February 2009 the victims' families though had asked assistance from a police station in Sta. Catalina, who had jurisdiction where the incident took place, but they did not take action into the victim's case, who were at that time reported disappeared. When the families approached the KARAPATAN, the latter held a fact finding mission on 27 February 2009 in Sitio Kalabasaan, Barangay Nagbinlod, which resulted to them having been able to speak to witnesses who had come forward.

The witness pointed to the site where soldiers had the victims taken. An inspection of the area generated a suspicion of a possible gravesite. It was on 9 March 2009 when a team of investigators from the National Bureau of investigation (NBI) in Region VII have provided assistance to the fact-finding team which prompted then to exhume the gravesite located in Sitio Junob, of the same municipality. The place is about an hour walk from Sitio Kalabasaan. At about 4pm that day, two male decomposing bodies had been exhumed with their hands tied behind their backs.

The dead bodies, however, were identified by their relatives as belonging to the disappeared victims through the dress they were wearing and the sack that belongs to Julito. At about 6pm of 9 March 2009, the bodies were brought to Clarin Funeral Parlor in Poblacion, Sta. Catalina for an autopsy, however, the NBI Region VII is yet to release the result of the autopsy.

The victims' wives, Virginia Raguing and Alejandra Quirante, has already sought the appropriate assistance in a letter from the regional office of the Commission on Human Rights (CHR) in Cebu City requesting them of affording possibility of financial and other assistance that could facilitate in pursuing their complaint. However, so far there has not been information whether the victims' wives had been given assistance.

On 20 March 2009, the same unit of soldier had Julito's son-in-law, Noli Bendersin, forcibly taken from his house in Sitio Lukdo, Barangay San Pedro. The soldiers took him to the camp of the 79th IB headquarters in Siaton of the same municipality where they had him forced into signing a sworn statement exonerating the soldiers from any involvement in the killing of his father-in-law, Julito and Ronel.

After the incident, Noli had to leave the place to elsewhere for fear of his safety. He told his wife, who is pregnant, that he needed to leave as the soldiers, should he continue to remain, would return to get him back. Noli's absence from his family has already affected the emotional and mental condition of his pregnant wife, who is due to give birth soon.

SUGGESTED ACTION:
Please write letters to the concerned authorities, in particular the National Bureau of Investigation (NBI) in Region VII, to conclude promptly the investigation in the deaths of the two victims. The investigation must result to collection of sufficient evidence that would facilitate in the possibility of effective prosecution of the case in court.

The AHRC is also writing separate letters to the United Nation's Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions.

To support this appeal, please click here:

Dear _________,

PHILIPPINES: Conclude investigation into the killing of two farmers

CASE 1:
Name of victims:
1. Ronel Raguing, 25 years old, farmer and resident of Sitio Sinamohe, Sta. Catalina, Negros Oriental
2. Julito Quirante, 48 years old, farmer and resident of Sitio Magsarse, Barangay Omanod, Sta. Catalina, Negros Oriental
Alleged perpetrators: Soldiers attached to the 79th Infantry Battalion (IB) under the command of Lt. Col. Erwin Neri
Date of incident: On 2 February 2009
Place of incident: Sitio Kalabasaan, Barangay Nagbinlod, Sta. Catalina

CASE 2:
Name of victim: Noli Bendersin, farmer, of Barangay San Francisco, Sta. Catalina, Negros Oriental. He is a member of the Kapunungan Alang sa Ugma sa Gagmay'ng Mag-uuma sa Oriental Negros (KAUGMAON)
Alleged perpetrators: soldiers attached to the 79th IB, Philippine Army
Place where he was taken: at his house in Sitio Lukdo, Barangay San Pedro, Sta. Catalina, Negros Oriental
Date of incident: On 20 March 2009

I am writing to express grave concern over the delay into the conclusion of investigation regarding the death of two farmers, Ronel Raguing and Julito Quirante, who were last seen alive after being taken by soldiers on 2 February 2009 in Barangay Nagbinlod, Sta.Catalina.

I have been informed that though Julito Quirante and Ronel Raguing left from their houses on January 31 and February 1 respectively; however, witnesses had seen them being taken together by the soldiers attached to the 79th Infantry Battalion (IB) as they were heading towards the forested area in Barangay Nagbinlod of the same municipality. The victims, however, were no longer seen together with the soldiers when the latter emerged from the forested area where they were last seen entering.

The two victims were first reported to have disappeared as they could no longer be located from the time they were last seen alive; however, when their respective families sought police assistance on 20 February 2009 from a police station in Sta. Catalina, the latter neither take action to help the victims' relatives to locate their loved nor the allegations of the soldiers' involvement were investigated thoroughly.

The police inaction, however, has prompted the victim's families into seeking the assistance of a local non-governmental organization which subsequently held their inquiry on 27 February 2009 in the place where the victims were last seen. When they had their inquiry at the place, they had noticed a possible gravesite, which was also later confirmed when the National Bureau of Investigation (NBI) had exhumed from the same location two dead bodies of the victims on 9 March 2009.

While I appreciate the action taken by the NBI in conducting the investigation into the farmers' deaths, however, I am deeply concern that there has not been substantial progress into the investigation, in particular the result of the autopsy performed on the victims' body. It has not been made available to the victims' family. As you may be agree, collection of sufficient evidence and timing in the filing of complaint is very crucial for the possibility of an effective prosecution of any cases in court.

It is disappointing, however, that this procedures and the manner of the investigation conducted into this case fell short of that should have been required to be considered effective, prompt, transparent and credible. Unless the concerned authorities are able to conclude its investigation for purposes of filing charges in court promptly, its ability and credibility in the administration of justice for these victims would put in question.

In addition, I also urge you to look into the soldiers' routine practice of summoning the individuals whom they suspect to have had involvement in a rebel group, or allegedly committing illegal activities. I have been informed that prior to Julito's arrest and subsequent killing, the same soldiers had him summoned for questioning over suspicious he has had involvement in rebel activities. I am deeply concerned that Julito's death could have been motivated by the soldiers' biased suspicion imputed on him.

Julito and his wife's experience, Alejandra, when they were summoned by soldiers, had also been experienced by their son-in-law, Noli Bendersin. Noli had to leave the place for fear of his life after he was forcibly taken on 20 March 2009 from his house to the soldiers' camp where they had him forced into signing a sworn statement exonerating the soldiers from any responsibility to the farmers' deaths.

As you are aware, the soldiers' practice of summoning individuals, is not only tantamount to usurping the police's power, but is also a violation to the Filipino's Constitutional rights envisaged in the 1987 Philippine Constitution. I am gravely concerned that if this practice is allowed to continue, the security and welfare of the citizens, in particular of those living in remote areas would be needlessly undermined; and that they would be at the bias disposal of the soldiers deployed in these areas.

Also, I urge you to conduct an inquiry into the police action for their failure in conducting an investigation when the respective victims' family sought for their intervention. The police authorities involved, should the allegations are found to be true, must be held to account for their action for frustrating the investigation at the stage which eventually denying remedies to the victims' family at the time their assistance were sought.

Respectfully yours,

----------
PLEASE SEND YOUR LETTERS TO:

1. Mrs. Gloria Macapagal-Arroyo
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80
E-mail: corres@op.gov.ph

2. Ms. Leila De Lima
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chr.delima@yahoo.com or mtm_rodulfo@yahoo.com

3. Deputy Director General Jesus A. Verzosa
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Fax: +63 2724 8763
Tel: +63 2 726 4361/4366/8763
E-mail: bluetree73@gmail.com

4. Mr. Raul Gonzalez
Secretary
Department of Justice (DoJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: raulgonzalez_doj@yahoo.com

5. 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
Fax: +63 2 925 0332
Tel: +63 2 925 0330 / 31
E-mail: rvpuno@dilg.gov.ph

6. Mr. Alejandro P. Alonso, Jr.
Regional Director
Commission on Human Rights (CHR), Region VII
Rosal Apartment Llorente and Rosal Streets Capitol Site
6000 Cebu City
PHILIPPINES
Tel: +63 32 253 5403 / 254 6921

7. Mr. Gilberto C. Teodoro Jr.
Department of National Defense
Room 301 DND Building, Camp Emilio Aguinaldo,
E. de los Santos Avenue
Quezon City
PHILIPPINES
Tel: +63(2) 911-9281 / 911-0488
Fax: +63(2) 911 6213
E-mail: osnd@philonline.com

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-044-2009
Countries :
Campaigns :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.