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UPDATE (Philippines): More unsolved murders of crime suspects

May 25, 2008

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-032-2008

26 May 2008

[RE: AHRC-UAG-008-2008: PHILIPPINES: Systemic failure to prevent pattern of arbitrary deprivation of lives]
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PHILIPPINES: More unsolved murders of crime suspects

ISSUES: Extrajudicial killing; police negligence; right to liberty and security; children; administration of justice
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that another six persons have been killed on the pretext that they were either involved in criminal activities or had criminal records in General Santos City. The AHRC is seriously concerned by the continued failure by the concerned authorities to prevent these murders and to have the cases properly investigated.

UPDATED INFORMATION: (Based to a reliable source and other media sources)

Further to our previous appeal AHRC-UAG-008-2008, the AHRC has been informed that six other persons have fallen victim to "vigilante killings", a style of murder systematically perpetrated by gunmen riding on motorcycles, on the pretext that the victims had been involved in criminal activities or had criminal records prior to their murder. Those who were murdered recently were:

1. GERMAN SANCHEZ, 27 years old; of Upper Matibay, Barangay (village) San Isidro, General Santos City. On May 24, German was driving his passenger tricycle going towards the downtown area from his place when he was shot dead, allegedly by his two passengers. The witnesses have claimed that it was his passengers, who he had just ferried, that shot him in the head. The gunmen, who had escaped after the incident, have not been seen since.

2. ALCON RAMIREZ, of Litan Phase 1, Barangay Sinawal, General Santos City. On May 24, Alcon whose elder brother, Danny (see Story No. 1 of our previous appeal) was shot dead in a robbery was himself killed. Alcon was driving his motorcycle together with his nephew, Laro Martinez, when they were attacked by five gunmen. Alcon suffered gunshot wounds to his head. The gunmen, who apparently had positioned themselves along the roadside, simultaneously open fired at them. Laro survived the shooting unhurt. Five empty shells from a .45 calibre pistol were found at the crime scene.

3. DALMACIO TIEWEN, 28 years old; of Purok Balunto, Barangay Labangal, General Santos City. On May 22 at around 9:30am, Dalmacio's dead body was found at a village in Conel. Dalmacio's colleague, Sammy Toremocho, last saw him alive on his way to claim his salary. His body bore several stab wounds and his right arm tied with a wire to his neck. The police investigator, Police Officer (PO2) Marvin Caresma, in absence of identification cards and documents from the victim, has implied that the victim was an unlikely target since he had no “tattoo”, an indication P02 Caresma claimed as proof of bad character.

4. VIENVINIDO AGUSTINES, 22 years old; of Dagohoy Paradise, Barangay North, General Santos City. On May 20, at around 8:40pm Vienvinido was walking on his way together with his two other companions when he was shot dead. The five men were apparently waiting for him at the roadside. He suffered gunshot wounds to his chest while his companions were unhurt. The gunmen immediately escaped onboard their motorcycle. Vienvinido's neighbours immediately went to his rescue. They took him to a nearby hospital but he died on his way. But even before the police complete their investigation, they had already started looking into the victim's background and his supposed criminal records.

5. ALVIN TULIO, of Zone 4, Barangay Labangal, General Santos City. On May 19, at around 1:30pm Alvin was approached by two men, who had introduced themselves to him as soldiers, who pretended that they were looking for his place. However, when Alvin pointed to them where he was living, they shot him in the head from behind using a .45 calibre pistol. He died on the spot due to fatal gunshot wounds. The gunmen had immediately escaped onboard their motorcycle. Alvin's death had also been reported as yet another case of vigilante killing.

6. JERRY LAPATIS, 34 years old; of Purok 1 extension, Barangay Conel, General Santos City. On May 19, at around 8:30pm Jerry was together with his wife, Fe, taking part in his neighbour's birthday party, when two of his five attackers shot him dead.  He was seated outside his neighbour's house when the attackers, armed with a .45 calibre pistol, suddenly appeared and shot twice in the head.

Jerry had tried to run away from his attacker but three other attackers had open fired at him as he was running. He slumped dead to the ground. Five empty shells from a .45 calibre pistol were recovered from the crime scene.

According to his wife, Fe, all the gunmen's faces were covered by the balaclavas they were wearing. One of them shot her husband as he was seating outside. Upon seeing them shooting her husband, she even yelled at them to stop shooting him but they ignored her. She said her husband has done nothing wrong and that they were only planting vegetables as their means of livelihood there.

ADDITIONAL INFORMATION:

Although it already appears that some of the victims have had no criminal records, the police investigators nevertheless had already prematurely concludes they were all victims of "vigilante killings". But though they are largely convinced the victims have had criminal records, they have continuously unable to address this phenomenon, which is contrary to their obligation to ensure protection of lives.

Also, not only this method of investigation had effectively become convenient excuse for the police for not doing their work by way of thoroughly investigating these cases, it likewise exposed the security and safety of any persons there to be become unnecessary targets, once they are suspected of having involved in criminal activities, without any sort of protection at all.

The AHRC has been seriously concerned by the manner in which the General Santos City Police Office (GSCPO) is investigating these murders since this pattern of arbitrary deprivation of lives began early this year. The methods of investigation employed by the police deprive the families of the dead of their rights to have the death of relatives adequately investigated; and they are forced to suffer the trauma of public humiliation for the reason that their relatives were supposedly criminals.

WHAT YOU CAN DO:
Please refer to our previous appeal (AHRC-UAG-008-2008) and kindly mention the names of these six victims above in addition to the previous one. Please urge the authorities to act on these cases effectively.

The AHRC has also written an appeal to the UN Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions calling for intervention in this matter.


Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-032-2008
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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.