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PHILIPPINES: Three journalists who survived the Maguindanao massacre fear for their lives

November 30, 2009

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-165-2009

 

 

30 November 2009
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PHILIPPINES: Three journalists who survived the Maguindanao massacre fear for their lives

ISSUES: Massacre; human rights defenders; extrajudicial killings; impunity
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STOP extrajudicial killings in the Philippines
http://www.pinoyhr.net/
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Dear friends,

The Asian Human Rights Commission (AHRC) is closely monitoring the investigation into the massacre in Maguindanao on November 23, which left 57 people dead, among them two human rights lawyers and 30 local journalists. The AHRC is deeply concerned for the safety of three journalists who escaped. More than a week into the investigation, no offers or arrangements have been made for their protection by the state. One of the journalists has received death threats before in response to his work exposing summary executions in the area.

CASE DETAILS:

The three journalists, whose names have been withheld for security reasons, were part of the convoy of over 50 people, which included the wife and relatives of a powerful politician, Esmael Mangudadatu; several of his political supporters; two of their legal counsels; and over 30 local journalists who were to cover the filing of Certificate of Candidacy (CoC) by Mangudadatu as governor of the province for the May 2010 election.

Esmael had asked his wife, Genalyn and his two sisters, Eden and Farida Sabdula, to file the candidacy on his behalf at the provincial office of the Commission on Election (Comelec) in Shariff Aguak, the provincial capital. Shortly after 8am the group departed in a convoy from the Mangudadatus residence in Buluan, Maguindanao, to the Comelec office. The Mangudadatus are powerful, long-time political rivals of the provincial ruling party, the Ampatuan clan.

In the local context the filing would have been a big event because it would have challenged the Ampatuans in a local election. Andal Ampatuan Sr., the incumbent governor, was reported to have been grooming one of his sons, Andal Ampatuan Jr., to succeed him in the May 2010 general elections.

Before the group proceeded, security arrangements for the convoy had been thoroughly discussed. In one discussion, according to one of the survivors, it took two hours to lay out the security plans for the group, particularly the journalists' group, because they were aware of the insecurity of the area. Two of the survivors and one of those who died in the massacre, Alejandro Reblando (also known as Bong), who wrote for national broadsheet, The Manila Bulletin, had even contacted Alfredo Cayton, the commanding general of the Army's 6th Infantry Division, to ask his opinion about the security status of the area. His assurance that: 'Walang problema kung papunta kayo dun' (there is no problem if you go there –to Shariff Aguak town)' convinced them that they could proceed. Cayton also reiterated that it was safe since there were many checkpoints along the highway stretch that the convoy would use.

However one of the three survivors, following instinct, decided to trail the convoy in his own vehicle. He later decided to break-away from the convoy after he received a phone call telling him that persons were asking whether he was with the group. The two other survivors had chosen to leave the convoy and join him.
When the three went back to the hotel they had been in the night before, to purposely distance themselves from the main group, they were further convinced not to proceed after hearing more from hotel staff about unidentified persons who were looking for them. On their way home the three found out about the massacre. However despite their necessary role in any credible investigation of the killings and their continued risk of assassination, these men have not been offered any state protection.

According to other witnesses one of the perpetrators was Andal Ampatuan Jr., in command of militia forces and policemen in the area. Ampatuan Jr. has been arrested and charged, and is being held in detention at the headquarters of the National Bureau of Investigation (NBI) in Manila.

As of 27 November the bodies of thirty local journalists have been recovered, along with those of the dead Mangudadatus and their two legal counsels. One of the journalists is also still missing. The journalists in the convoy were:

1. Adolfo, Benjie of Gold Star Daily, a regional newspaper; a resident of Koronadal City
2. Araneta, Henry of Radio dzRH; a resident of General Santos City
3. Arriola, Mark Gilbert (nickname Mac Mac) of UNTV, a local branch of a television channel; a resident of General Santos City
4. Bataluna, Rubello of Gold Star Daily; a resident of Koronadal City
5. Betia, Arturo of Periodico Ini, a community newspaper; a resident of General Santos City
6. Cabillo, Romeo Jimmy of Midland Review, a community newspaper; a resident of Tacurong City
7. Cablitas, Marites of News Focus; a resident of General Santos City
8. Cachuela, Hannibal of Punto News; a resident of Koronadal City
9. Caniban, John of Periodico Ini; a resident of General Santos City
10. Dalmacio, Lea of Socsargen News, a community newspaper; a resident of General Santos City
11. Decina, Noel of Periodico Ini; a resident of General Santos City
12. Dela Cruz, Gina of Saksi News; a resident of General Santos City
13. Dohillo, Eugene of UNTV; a resident of General Santos City
14. Duhay, Jhoy of Gold Star Daily; a resident of Tacurong City
15. Jun Gatchalian of Davao City
16. Legarte, Bienvenido, Jr. of Prontiera News; a resident of Koronadal City
17. Lupogan, Lindo of Mindanao Daily Gazette, a community newspaper; a resident of Davao City
18. Maravilla, Ernesto (nickname Bart) of Bombo Radyo; a resident of Koronadal City
19. Merisco, Rey of Periodico Ini; a resident of Koronadal City
20. Momay, Reynaldo (nickname Bebot) Momay of Midland Review; a resident of Tacurong City
21. Montaño, Marife (nickname Neneng) of Saksi News; a resident of General Santos City
22. Morales, Rosell of News Focus; a resident of General Santos City
23. Nuñez, Victor of UNTV a resident of General Santos City
24. Perante, Ronnie of Gold Star Daily; a resident of Koronadal City. He was a correspondent for the newspaper.
25. Parcon, Joel of Prontiera News; a resident of Koronadal City
26. Razon, Fernando (nickname Rani) of Periodico Ini; a resident of General Santos City
27. Reblando, Alejandro (nickname Bong) of Manila Bulletin; a resident of General Santos City
28. Salaysay, Napoleon of Mindanao Gazette; a resident of Cotabato City
29. Subang, Ian of Socsargen Today, a community newspaper; a resident of General Santos City
30. Teodoro, Andres (nickname Andy) of Central Mindanao Inquirer, a community newspaper; a resident of Tacurong City
31. Evardo, Jolito of UNTV; a resident of General Santos City. He remains missing.

ADDITIONAL INFORMATION:

One of the survivors had already been receiving threats to his life, allegedly from the Ampatuans. The threats began in 2004 when he wrote a special newspaper report that exposed details of summary executions in Maguindanao, which were allegedly linked to the Ampatuans. He said that some of the reports he had obtained described personal or political rivals of the family being cut into pieces by a chainsaw so that their remains would be scattered and less easily traced. Despite this, no credible investigation took place and five years on, no one has been held to account for those killings. In the meantime he was told by a reliable source of a plot to kill him, which involved policeman, and he reports that attempts have been made on his life. His allegations were never investigated by the authorities and no protection was offered.

SUGGESTED ACTION:

Please write to the concerned authorities asking for their immediate intervention to ensure the safety of the three journalists who survived the massacre, and to ensure that a thorough credible investigation of this case takes place.

The AHRC has also written letters to the Special Rapporteurs for human rights defenders; on Extra-judicial, Summary, or Arbitrary Executions and on the promotion and protection of the right to freedom of opinion.

To support this appeal, please click here:

 

 

Dear_________,

PHILIPPINES: Three journalists who survived the Maguindanao massacre fear for their lives

I am writing to express my utmost concern for the three journalists who escaped the Maguindanao massacre. The survivors had left a convoy of 57 people who were summarily executed shortly after, on 23 November in Maguindanao province in central Mindanao. I am appalled to learn that several days after the massacre the witnesses have not been afforded with any protection from the government, and no official consideration has been given to their safety or security.

The three were part of the group of journalists in the convoy, which included relatives of a local politician, their supporters and two of their legal counsels. The counsels were also human rights lawyers. As it has been widely reported, the dead bodies of the victims were found littered across the site of execution; some were buried in graves and others were buried together with their flattened vehicles. While I appreciate the government's efforts in its investigation into this case--the arrest of an alleged prime suspect and the removal of several police officials who were allegedly involved from their posts--I am deeply concerned for the three survivors, who have been offered no protection whatsoever.

Before the massacre took place, the three were supposed to be covering the filing of a Certificate of Candidacy (CoC) by a local politician, and one had chosen to tail the convoy in his own vehicle. However, when he started to receive calls from a colleague telling him that some persons were asking whether he was with the convoy, and where he was seated, he decided to delay his journey. Two colleagues chose to join him when they saw him stop in Tacurong City. The three went back to the hotel they had booked for the previous night, but were told by hotel staff that some persons had been looking for them. They decided to completely separate from the group and to return home.

I am told that one of the survivors had already been receiving threats to his life, allegedly from the Ampatuans, since 2004 when he wrote a special newspaper report that exposed details of summary executions in Maguindanao. No credible investigation took place and five years on, no one has been held to account for those killings; instead he was told by a reliable source of a plot to kill him. The plot reportedly involved policeman and he reports that attempts have been made on his life. His allegations were never investigated by the authorities and no protection was offered.

I therefore urge the government, the Department of Justice (DoJ) and the Commission on Human Rights (CHR) in particular, to ensure that these three journalists are immediately afforded adequate protection. I am aware of the DoJ's efforts to investigate this massacre, however, I expect these to include a concern for the safety of the survivors, who are also valuable witnesses in the case.

Yours sincerely,

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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

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


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: ruth_cossid@yahoo.com

4. Ms. Agnes Devanadera
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. 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

6. Dr. Esperanza I. Cabral
Secretary
Department of Social Welfare and Development
DSWD Bldg., Constitution Hills, Batasan Complex,
Quezon City
PHILIPPINES
Tel: +63 2 931 8191 / 931 8068
Telefax: +63 2 931 8191
Email: eicabral@dswd.gov.ph


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-165-2009
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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.