Dear friends
The Asian Human Rights Commission (AHRC) is deeply concerned over questionable complaints of murder laid against eleven human rights and political activists in Camarines Sur province. They had already been subpoenaed to respond to the complaint by the military that they were responsible for attacking a military camp, which killed two persons and left four others wounded, on May 2006.
CASE DETAILS: (According to information received from the Center for Trade Union and Human Rights (CTUHR))
On August 16, 2010, Mr. Esperidion R. Solano, assistant provincial prosecutor in Camarines Sur province, had sent subpoenas to the eleven activists and several others to respond to the complaint of Captain Allan Cornejo, a member of the 9th Infantry Division of the Philippine Army attached to the Camp Elias Angeles, Caboclodan, San Jose, Pili.
Captain Cornejo filed a complaint of murders against the eleven activists for allegedly perpetrating the attack of their camp on May 25, 2006 at 10pm in Barangay (village) Pawili, Pili, Camarines Sur. His complaint claimed that those who had attacked their camp were members of the New People’s Army (NPA), a rebel group. A military officer and a civilian were killed while four soldiers were wounded in the attack.
The complaint also claimed the respondents had stolen three vehicles, which the rebels used in the assault, from the civilians. The camp that the rebels had attacked is where the Military Intelligence Battalion (MIB) of the 9th Infantry Division (ID) of the Philippine Army (PA) is stationed.
Those included in the complaint for two counts of murder, four counts of frustrated murder, three counts of ‘carnapping’ (stealing a vehicle) and a special case of malicious mischief, were:
1. Leo Caballero, a correspondent for the CTUHR in Bicol region and also head of the Human Rights Department of Kilusang Mayo Uno (KMU)-Bicol
2. Maria Agnes Pacres, regional coordinator of KARAPATAN
3. Beverly Quintillan, Bagong Alyansang Makabayan (BAYAN)
4. Felix Paz, chairperson of Kilusang Magbubukid ng Pilipinas-Bikol (KMP)
5. Jose Pernia, chairperson of Bayan Muna-Bikol
6. Jariz Vida, secretary-general of Bayan Muna-Camarines Sur
7. Eric Torrecampo, Bayan Muna-Camarines Sur
8. Neptali Morada
9. Reynaldo Hugo
10. Edgar Calag and;
11. A certain Ka Boris Taba
The complaint heavily relied on the testimony of one of the witnesses, Edwin Nazarionda, who claimed that prior to the attack the eleven activists took part in the executive meeting of Bayan Muna on April 28, 2006 and unanimously agreed to launch a tactical offensive against the Armed Forces of the Philippines (AFP) Intelligence Camp in Pawili, Pili, Albay.
In his testimony, Nazarionda claimed that he was a former NPA rebel and at the same time working as a pastor for the United Methodist Church. He claimed personally knowing the respondents, particularly Caballero, whom he said were coordinating with him in his propaganda and liaison work.
Apart from Nazarionda, two others, namely Eleazar Cells and Renante Legata, who claimed to be former NPA rebels, had identified them in the sworn statement that they executed in which the Pili Municipal Police (PNP) had filed with the Camarines Sur Provincial Prosecutor on June 30, 2010.
Caballero had put forward his defense of alibi saying he was not present during the meeting that Nazarionda attended. He was on a regional fact-finding mission investigating a case of extrajudicial killing and was doing a radio and other media interviews. He also denied personally knowing Nazarionda. He also added the when the attack took place he was at the regional council meeting of KARAPATAN in Legazpi City, Albay from May 25 to 27, 2006.
ABOUT THE ACTIVIST:
One of those accused is Leo Caballero, a member of the Kilusang Mayo Uno (KMU) National Council. His involvement in trade union activities started when he became an organizer for KMU in 2003. Since early 2008 to present, he had been working as correspondent for the CTUHR in Bicol region. He also provides free paralegal aid and involves himself in other human rights campaign work for the trade unions in their area.
On September 22 to 29, 2009, Caballero had also testified with the International Labor Organization (ILO)-High Level Mission as representative of the victims of trade union and human rights violations in the Bicol region.
ADDITIONAL INFORMATION:
The AHRC has documented cases involving arrest and arbitrary detention of human rights and political activists laid with questionable charges in court.
In October 2008, we reported the case of Remigio Saladero, a labour lawyer. He was arbitrarily arrested from his house on murder charges. He was also included in the false charges of arson and conspiracy to commit rebellion together with 18 other activists in separate incidents. AHRC-UAC-239-2008; AHRC-UAU-068-2008.
After they were released from the charges mentioned above, the same persons were again laid with another questionable charge. AHRC-UAU-003-2009
In August 2009, we also reported the continuous detention of 19 activists after they were laid with fabricated charges for holding a strike. They were, at the time, protesting the illegal termination, demanding payment of minimum wages and other lawful benefits from their employers. All of them are presently released on bail. AHRC-UAC-102-2009; AHRC-UAU-001-2010; AHRC-UAU-013-2010
However, two of their companions, Leo Paro and Melvic Lupe, have died, reportedly due to tuberculosis while being held at the Karangalan Police Station in Cainta, Rizal. Paro and Lupe succumbed in October 2009 and December 2008 respectively. Neither of them received treatment. AHRC-OLT-027-2009
SUGGESTED ACTION:
Please write letters to the authorities below to ensure that the complaints against the eleven human rights and political activists is thoroughly investigated. The prosecution panel should ensure that it satisfy the principles of ‘probable cause’ before it recommends the filing of charges in court; otherwise, the complaints against them must be withdrawn.
The AHRC has also written letters to the Special Rapporteur on the situation of human rights defenders.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
PHILIPPINES: Eleven activists laid with questionable murder complaints
Name of the persons accused:
1. Leo Caballero, a correspondent for the CTUHR in Bicol region and also head of the Human Rights Department of Kilusang Mayo Uno (KMU)-Bicol
2. Maria Agnes Pacres, regional coordinator of KARAPATAN
3. Beverly Quintillan, Bagong Alyansang Makabayan (BAYAN)
4. Felix Paz, chairperson of Kilusang Magbubukid ng Pilipinas-Bikol (KMP)
5. Jose Pernia, chairperson of Bayan Muna-Bikol
6. Jariz Vida, secretary-general of Bayan Muna-Camarines Sur
7. Eric Torrecampo, Bayan Muna-Camarines Sur
8. Neptali Morada
9. Reynaldo Hugo
10. Edgar Calag and;
11. A certain Ka Boris Taba
Nature of the charges: Two counts of murder, four counts of frustrated murder, three counts of carnapping (stealing a vehicle) and a special case of malicious mischief. The complaints were related to the attack of a military camp on May 25, 2006.
Office where the complaints is filed: Office of the Provincial Prosecutor, Camarines Sur province. The subpoenas sent to the persons accused on August 16, 2010 were signed by Mr. Esperidion R. Solano, assistant provincial prosecutor.
Complainant: Captain Allan Cornejo, a member of the 9th Infantry Division of the Philippine Army attached to the Camp Elias Angeles, Caboclodan, San Jose, Pili
I am writing to express my deep concern over the questionable complaint of murders filed against the eleven human rights and political activists, whose names are mentioned above, by the military before the prosecutor’s office in Camarines sur.
The complainant, Capt. Allan Cornejo, a member of the 9th Infantry Division (ID) of the Philippine Army (PA), had accused the respondents of being responsible for the death of a military officer, a civilian and the wounding of four others during an attack in their camp at 10pm on May 25, 2006 by a group of rebels.
I have learned that the names of these persons above, together with several John Does (whose names are yet to be identified) had been based on the sworn testimonies by three witnesses who themselves are getting support from the military. The prosecutor’s office had already sent subpoenas to the respondents after the local police had filed the complaint with them on June 30, 2010.
However, I am deeply concerned by the prosecutor’s decision to subpoena the respondents despite the fact that none of these witnesses of the complainants had mentioned having identified all the respondents as involved and physically present during the attack; or had given rational explanation why a group of key leaders and organizers of human rights and political organizations could come together to launch an armed offensive on a military camp.
I therefore urge you to consider reviewing thoroughly the testimonies of three witnesses for the complainant, particularly witness Edwin Nazarionda. In his sworn statement, he claimed that prior to the attack the eleven activists took part in an executive meeting of Bayan Muna, a political party, on April 28, 2006, unanimously agreeing to launch a tactical offensive against the Armed Forces of the Philippines (AFP) Intelligence Camp in Pawili, Pili, Albay.
I am deeply concerned that should the prosecutors decide to prosecute the respondents solely on his testimony, it would undermine and diminish the safeguards in terms of protection of individual’s right from being falsely charged and subsequently deprived of their liberty. There must be supporting evidences, direct and rational explanation which would positively identify these persons should they be held responsible for the attack.
The testimonies of the witnesses alone do not satisfy the principle of ‘probable cause’ required on part of the prosecutors in recommending charges in court.
To prosecute a group of persons or an individual for making a declaration–granting that the allegations that the meeting had commence–lacks merit and is legally flawed. If this argument or testimony would be used in charging the accused in courts of law, it would only result to prosecutors charging anyone whom a witness had accused in a mere testimony, regardless of whether they are credible or not; or their testimonies supported with direct evidence.
I am aware that the witnesses had themselves claimed that they were former members of the rebel group, New People Army (NPA), whom the military also accused involved in the attack at the military camp. The background of the witnesses and their intention why they stood as witness four years after the incident should also be investigated. I am deeply concerned over the probability that they could have been used by the military as false witnesses to concoct charges against the persons whom they had accused.
I trust that you take action in this case.
—————–
PLEASE SEND YOUR LETTERS TO:
1. Mr. Benigno Aquino III
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
2. Ms. Loretta Ann Rosales
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: rep_lapr@yahoo.com, coco.chrp@gmail.com
3. Director General Raul Bacalzo
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: ruth_cossid@yahoo.com
4. Ms. Leila de Lima
Secretary
Department of Justice (DOJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: soj@doj.gov.ph
5. Mr. Emilio Gonzalez
Deputy Ombudsman
Office of the Deputy Ombudsman for the Military
and Other Law Enforcement Offices
3rd Floor, Ombudsman Bldg., Agham Road, Diliman
1104 Quezon City
PHILIPPINES
Fax: +63 2 926 8747
Tel: +63 2 926 9032
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
