UPDATE (Philippines): The remains of two victims of extra-judicial execution have been stolen

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAU-033-2009
ISSUES: Administration of justice, Death in custody, Extrajudicial killings,

Dear friends, 

The Asian Human Rights Commission (AHRC) has just learned that the remains of two persons, believed to have been summarily executed by police officers, have been stolen from their graves. The family of the victims had requested that their bodies be exhumed to collect evidence, but they were told that there was no immediate need by the Commission on Human Rights (CHR). The theft suggests that important incriminating factors have been overlooked in the investigation. 

UPDATED INFORMATION: 

As mentioned in our previous appeal (AHRC-UAC-059-2009), Alberto Ocampo and Jose Gonzales were summarily executed at the former’s residence on 29 April 2009 in Orani, Bataan. Policemen had come to Ocampo’s house looking for Gonzales, arrested the two men over allegations that they were rebels and tied them to a tree; they were heard being shot and found dead shortly after. 

At 11pm on 11 November eight persons carrying firearms and wearing balaclavas were witnessed stealing Ocampo’s remains from a cemetery in Orani, Bataan; the grave had been encased in plaster and cement. Four departed on motorcycles and four others in a pickup truck. Three hours later (12 November, 2am) the same group was seen stealing Gonzales’ remains from a cemetery about 5km away in Barangay Sanlian, Abucay Bataan. 

Regional office III of the Commission on Human Rights (CHR) in San Fernando, Pampanga has been investigating the killing since 11 May, when Ocampo’s partner and a witness to his arrest, Imelda Zulueta, filed the complaint. One 15 June Zulueta and her lawyers submitted a petition asking that the remains be exhumed, but the Commission responded that while they may do so in the future, there was no immediate need because there was already ample evidence in the victims’ favour. 

The AHRC questions the lack of urgency in the investigation of a case –seven months on – that gravely incriminates police officers. It is also concerned by the apparent ease in which bodies are able to be stolen from plaster and concrete-encased graves without any kind of intervention. Finally, there are serious concerns for the safety of the witnesses in this case and appropriate protection needs to be made available to them. 

SUGGESTED ACTION: 

Please write to the concerned authorities asking them to thoroughly investigate this case. 

The AHRC has also written to the United Nation Special Rapporteurs on extra-judicial, summary, or arbitrary executions. 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________, 

PHILIPPINES: The remains of two victims of extra-judicial execution have been stolen 

Name of victims: 
1. Alberto B. Ocampo, 36, tricycle driver 
2. Jose Gonzales 
Alleged perpetrators: Elements attached to the 303 Police Provincial Mobile Group (PPMG), Camp Tolentino, Balanga, Bataan, led by Police Officer 2 (P02) Ricardo Vinluan. 

Status of the case: The regional office III of the Commission on Human (CHR) in San Fernando, Pampanga is conducting an investigation into the case and the policemen accused have already been investigated. Once the Commission finds sufficient evidence, criminal and administrative charges could be filed against the perpetrators in court. 
Date of theft: November 11 and 12, 2009 

I am shocked to learn that the remains of Alberto Ocampo and Jose Gonzales, who were summarily executed while in custody in April 2009, have been stolen from their graves. The thefts took place in separate incidents on November 11 and 12, and appear to be part of an attempt to frustrate the ongoing investigation of their murders. 

I am aware that prior to the incident the regional office III of the Commission on Human Rights (CHR) in San Fernando, Pampanga commenced the investigation after Imelda Zulueta, a witness, filed a complaint against police officers. On 15 June the victims’ family and their legal counsels had appealed to the Commission, asking that the bodies be exhumed for examination by forensic experts. 

I am disappointed by the Commission’s failure to act on this request, and deeply concerned that this latest incident will undermine the ongoing investigation. I question the lack of urgency in the investigation of a case –seven months on – that incriminates police officers in extremely serious crimes. 

Please therefore ensure that the thefts are effectively and immediately investigated and the bodies are returned to be forensically examined. The regional office of the Commission should also be held to account for failing to act promptly on the exhumation request by the families. There are serious concerns for the safety of the witnesses in this case and I urge that appropriate protection be made available to them. 

Yours sincerely, 

—————- 

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: 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 

Thank you. 

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