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PHILIPPINES: Four activists receiving threatening messages for investigating disappearance

August 27, 2008

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-190-2008

27 August 2008
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PHILIPPINES: Four activists receiving threatening messages for investigating disappearance

ISSUES: Disappearance; threats; human rights defenders; right to liberty and security
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Dear friends,

The Asian Human Rights Commission (AHRC) writes with deep concern that four human rights activists, all of whom are staff members of the Alliance for the Advancement of Peoples Rights (KARAPATAN) in Cebu City, have been receiving threatening messages on their mobile phones. The message contains warning they will "suffer the consequence" if they do not cease investigating a complaint regarding the disappearance of a man.

CASE DETAILS: (According to the account of the victims)

On August 21 and 24, the four activists, namely Dennis Abarrientos, secretary general of KARAPATAN; Vimarie Arcilla, public information officer; Jean Suarez, research and documentation officer;  and Concordia Oyao, direct services officer, simultaneously received threatening messages on their mobile phones. The victims were having a staff meeting on August 21 in Cebu City when they received the messages.

The threatening messages, received from mobile phone numbers +639059393006 and +639096217843, writes: "I know what you are doing HR (human rights). Your time is up!!!" and "Stop your Fault-Finding Missions…or suffer the consequences!!!." The said messages, according to the victims, were sent by a sender who had the code names of "Joy" and "Benjie" written on them.

The victims said code names "Joy" and "Benjie" are known in the places of Cebu and Bohol as "resource persons" in pulong-pulong (gathering) organized by the 3rd Civil Relations Group and Intelligence Service of the Armed Forces of the Philippine – Military Intelligence Group (ISAFP-MIG).

The threats the victims are continuing to receive began when they conducted an investigation into the abduction and subsequent disappearance of a 46-year-old man, Calixto Alfante, in Barangay (village) Dobdob, Valencia, Negros Oriental on June 11 of this year. Calixto was reportedly a member of the Communist Party of the Philippines and New People's Army.

Since June 18, KARAPATAN have already been assisting the victim's wife, Lucita Alfante, 36, in locating her husband's whereabouts. Her husband was alleged to have been abducted by the soldiers attached to the 79th Infantry Battalion-Philippine Army (IB-PA) under the command of Lieutenant Colonel Erwin Neri from the village mentioned above.

After Lucita sought their assistance, the group visited various camps, detention centers and other government offices but they could not locate the victim.  On June 27 until June 29, the group went to Barangay Dobdob in Valencia, where the victim was reported to have been adducted, spoke with a witness, Catalino Ortega, who confirmed the abduction.  Catalino has likewise made a sworn statement regarding the case.

ADDITIONAL INFORMATION:

Since KARAPATAN took up Calixto Alfante's case, the group have since become the object of the soldiers' needless public criticisms, in particular Colonel Cesar Yano, commander of 302nd Infantry Brigade (IB). It is reported that Lt. Col. Neri, whose unit was alleged to have been involved in Calixto's abduction and disappearance, is under Colonel Yano's command.

In this July 31 report from Visayan Star, Colonel Yano was reported to have already filed criminal charges against the group for supposedly harassing Catalino Ortega, a witness whom the military said their witness. Catalino is the same person who was interviewed by the group accusing the soldiers' involvement in Calixto's disappearance. The soldier said he was their witness against the group.

The soldiers were reported to have filed charges of kidnapping and illegal detention supposedly because they " brought (Catalino) to a certain place and forced (him) to make a false testimony against operatives of the 79th IB", which the group denied. One of those named in the charged was Vimarie Arcilla, one of the activists mentioned above receiving threatening messages.

In return, in another report, the group also said it would file charges of malicious persecution, perjury and libel against military officials in Negros Oriental. They denied having Catalino make a false statement and illegally detained. Also, the group was preparing administrative and civil charges against the soldiers whom they claimed were responsible for a "vilification campaign" against them.

The witness' version of the story, Catalino, was not immediately known. The group said they have also sent a notice to AFP headquarters protesting the treatment on them.

SUGGESTED ACTION:
Please write letters to the concerned authorities below calling for their appropriate intervention in this case. An inquiry should be conducted to establish whether or not soldiers are involved in threatening the victims; and that action should be taken if allegations are found to be true. These activists should be given protection and allowed to continue doing their work without fear of being intimidated.

Please be informed that the AHRC is also writing letters to the Special Representative of the Secretary General of the UN for human rights defenders and the promotion and protection of the right to freedom of opinion and expression.

To support this appeal, please click here:

SAMPLE LETTER:

Dear _________,

PHILIPPINES: Four activists receiving threatening messages for investigating disappearance

Name of activists:
1. Mr. Dennis Abarrientos, secretary-general   
2. Ms. Vimarie Arcilla, public information officer
3. Mr. Jean H. Suarez, research-documentation officer
4. Ms. Concordia Oyao, direct-services officer
All of them are staff members of the Alliance of the Advancement of People's Rights (KARAPATAN) in Central Visayas region based in Cebu City
Army unit allegedly involved into the disappearance of Calixto Alfante: 79th Infantry Battalion-Philippine Army (IB-PA) under the command of Lieutenant Colonel Erwin Neri.
Army official involved in making public criticisms: Colonel Cesar Yano, commander of 302nd Infantry Brigade (IB). The military unit above is under his command.

I am writing to express my serious concern that four activists, whose names are mentioned above, have been receiving threatening messages on their mobile phones since assisting Lucita Alfante, wife of disappeared victim Calixto Alfante, whom soldiers allegedly abducted in June 11 of this year.

I have learnt that after Lucita sought the group's assistance, the latter went to the village of Dobdob in Valencia, Negros Oriental, where the Calixto was reported to have been abducted by soldiers attached to 79th Infantry Battalion-Philippine Army (IB-PA) under the command of Lieutenant Colonel Erwin Neri.

A witness, Catalino Ortega, whom the group has spoken to, executed an affidavit confirming the soldier's alleged involvement into the victim's abduction and subsequent disappearance. It was on June 27 and 29, several days after the victim's disappeared that the group have been able to speak to Catalino and secured the statement from him regarding the soldier's alleged involvement.

I am aware of the soldier's claims, in particular Cesar Yano, commander of 302nd Infantry Brigade (IB), that Catalino, a witness whom KARAPATAN has been interviewed earlier accusing the soldiers responsible for Calixto's disappearance, and is likewise the soldiers' witness against the group. The group has supposedly made Catalino prepare a false testimony against the soldiers. I am deeply concerned by the manner the soldiers are dealing with these matters. I have learned that the soldiers have filed charges against the group on this matter.

I have learnt that since this conflict between the soldiers and the group after they assisted the wife of the disappeared victim, the activists mentioned above have since already began to receive threatening messages from their mobile phones. The message which writes: "I know what you are doing HR. Your time is up!!!" and "Stop your Fault-Finding Missions…or suffer the consequences!!!.", are sent from mobile numbers +639059393006 and +639096217843.

According to the victims, the messages are being sent by senders with code names "Joy" and "Benjie", whose names are already known in Cebu and Bohol, to have been working as "resource persons" in pulong-pulong (gathering) organized by the 3rd Civil Relations Group and Intelligence Service of the Armed Forces of the Philippine – Military Intelligence Group (ISAFP-MIG). I therefore urge you to conduct a thorough investigation whether or not the allegations are true and that the soldiers or their agents are held responsible for threatening these activists.

I have learnt that though the activists have already sent a protest to the headquarters of the Armed Forces of the Philippines (AFP) regarding the manner of how local military officials are treating them, I am not aware of any progress to their complaint.

I therefore urge your adequate and appropriate intervention to have the allegations of victims thoroughly investigated. I am concerned that the needless criticisms the soldiers are taking are effectively undermining the group from continuously doing their work without fear of being intimidated.

Furthermore, I urge you to consider affording necessary protection, in addition to thoroughly investigating these complaints, for the victims without delay. As you are may be aware, there have been previous killing of activists subsequent to having been subjected to continuing threats.

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
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 Avelino Razon
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: agnesdeva@yahoo.com

5. Lt. Gen.Alexander Yano
Chief of Staff
Armed Forces of the Philippines (AFP)
AFP-GHQ Offices, Camp Gen. Emilio Aguinaldo
Quezon City
PHILIPPINES
Fax: +63 2 911 6436
Tel: +63 2 911 6001 to 50

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-190-2008
Countries :
Issues :
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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.