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UPDATE (Philippines): Over twelve persons murdered separately, including two young boys

July 24, 2008

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-046-2008

25 July 2008

[RE: AHRC-UAU-044-2008: PHILIPPINES: Police' failure to solve cases aggravates murder]
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PHILIPPINES: VIGILANTE KILLINGS – Over twelve persons murdered separately, including two young boys

ISSUES: Extra-judicial killing; police negligence; right to liberty and security; childrens' rights; administration of justice
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SLAUGHTER OF INNOCENTS
http://noprotection.blog.humanrights.asia/

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Dear friends,

The Asian Human rights Commission (AHRC) writes to inform you that vigilante groups have murdered another 13 persons, two of whom are minors, in separate incidents from February 2 to June 13 of 2008.   Of these, ten victims had been murdered in the city of Davao. Investigation into each of these cases has shown no substantial progress. They are similar to the murders we have reported previously.

UPDATED INFORMATION:

In addition to what we have previously reported AHRC-UAU-044-2008, these ten individual cases, listed below, illustrate how vigilante killings have become part of the daily lives of the people. The authorities, particularly the police, remain unable to have these cases effectively investigated and the perpetrators held to account.

Apart from failing to perform their required duties, the police investigators are also practicing an implied tolerance. This occurs by prematurely concluding a victim's death is due to his criminal record, involvement in gangs, or his background. Investigations are carried out no longer for the purpose of identifying perpetrators but to justify a victims' death.

1. OSMER TABUCLIN, 28 years old, of Ma-a, Davao City. On February 3, an unidentified man shot Osmer in the right side of his face, killing him instantly. The gunman fled on motorcycle. LOREX  ASUNCION, 19 years old, of South Villa Subdivision. On February 2, a Davao City vigilante group reportedly shot dead Lorex in a crowded passenger terminal for jeepneys (small public bus) in Catalunan, Davao.  Police prematurely concluded that he was a member of the Bloods Gang.

2. REGINALD, alias DING DONG, of Purok 51, National Housing Authority (NHA) Bangkal, Davao City. On March 15, while he was playing billiards, an unknown gunman suddenly appeared behind him and shot him in the back.  As he tried to run, he was shot two more times which finally killed him. The attacker rushed from the scene of the crime after Reginald fell to the ground. Effective police investigation was not instigated.
 
3. MARLON LARA, 32 years old, of Talomo, Davao City. On March 31, as he was sitting outside a Sari-Sari store, three unknown armed men, at close range, shot him dead.  The suspects then fled by motorcycle in an unrecognized direction. Police looked into his background to see whether or not he been involved in any illegal activities which could have contributed to his execution by vigilantes.

4. RICHIE CORDOVA, 26 years old, of Dona Pilar, Davao City. On April 19, as Cordova, a machinist, was driving home, an unknown man on a motorcycle tapped the side mirror of his car before fleeing.  He ran after the man and cornered him near a local bank somewhere in Lanang.  However, the said person suddenly turned and shot him. The suspect fled by motorcycle and Cordova died on his way to the hospital.  In this case there was no substantial investigation by the police.

5. DEXTER JARANILLA, 22 years old, of Arellano Street in Davao City. On May 13, he was stabbed by three unidentified men as he was hanging out with his friends on Jose Abad Santos Street. He died instantly. The three men fled on motorcycle after the incident. Investigators from the Scene of the Crime Operatives (SOCO) claimed that Jaranilla had been jailed in several cases including gang war, robbery and rape.

6. JUNIE OLORES, 24 years old; of Royal Valley in Bangkal, Davao City. On May 15, when he was crossing the road with his live-in-partner, he was repeatedly shot in multiple places in his body by an unidentified gunman. As he lay dead, the gunman casually walked away from the scene to board a motorcycle waiting for him nearby.  His partner had no idea why he had been killed. Again it is noted that adequate police investigation was not taken.

7. JULIUS CANTEROS, alias ODOY, 17 years old; JOHN PHILIP, alias JEPOY,15 years old, Dona Asuncion Village, Davao City. On May 28, they were drinking at a videoke bar when they were attacked by two unidentified men who arrived by motorcycle. One of them entered the bar and started shooting at the two as they were drinking. John was shot in the chest. Julius died on his way to the hospital due to a fatal gunshot wound. The attackers escaped by motorcycle. The police prematurely claimed their deaths had something to do with a gang war because they had previously been involved in a riot. At that time some illegal drugs were allegedly found from the victims' possession.

8. JERRY NASIAD, a laborer at the public market; of 39.2 FVR Village, General Santos City. Jerry had just been released after having been detained on a charge of murder. On May 29, while he was standing in the public market, two unidentified persons repeatedly stabbed him before fleeing. He suffered at least 18 stab wounds, dying on the way to the hospital. The police claimed to have recovered illegal drugs in the victims' possession. They prematurely concluded his death had something to do with gang war.

9 TWO UNKNOWN MEN. On June 9, two unidentified male corpses were found at the Reo Grande De Mindanao River in Cotabato City. One of the victims bore gunshot wounds while his body was tied with nylon cord. Another had stab wounds on his back and gunshot wounds to his chest. The head of the Cotabato City Police office claimed that someone came forward and was able to identify the victims. However, the police did not identify this person, nor mention the circumstances relating to how he/she had been able to identify the victims. It has been reported that they had been killed by a vigilante group in Cotabato. This group is reportedly responsible in several cases of murder in which the victims were allegedly involved in criminal activities.

10. ROMEO AGUINALDO, 44 years old, of Hillside subdivision, Davao City. On June 13, he was shot in the shoulder and forehead and killed at close range by unknown gunmen outside his own store. The suspects escaped towards a nearby village in NHA Buhangin. It is reported that the police have not yet identified the attackers. But they were already looking into the victim's background which could help them in solving the case.

WHAT NEEDS TO BE DONE?

We once again encourage you to take action as suggested in our previous appeals: AHRC-UAU-032-2008 and AHRC-UAU-044-2008. In addition to seeking intervention and adequate legal action from local officials and police authorities, the head office and the regional offices of the Commission on Human Rights in these places must also be requested to intervene.

As mentioned in an earlier statement AHRC-STM-184-2008, the severity of the conditions and the extent of the fear is so deep that even non-governmental organizations (NGOs) have already stopped documenting these cases. They know that they themselves would become targets once they document or take up these cases.

Thus, it is extremely essential, that the role of the CHRs be:  to have each of these cases documented, to have action taken immediately with the possibility of redress for victims and their families.  By not doing this, it may then be come difficult for them to intervene. Furthermore, it is the CHR's ultimate obligation to have cases involving the violation of human rights investigated.

The AHRC will continue to report each of these cases to the UN Special Rapporteur on extra-judicial, summary, or arbitrary Executions for his intervention.

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PLEASE SEND YOUR LETTERS TO:

1. 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, mtm_rodulfo@yahoo.com

2. Mr. Alberto Sipaco Jr.
Regional Director
Commission on Human Rights, Region 11
Trinity Bldg., Quimpo Boulevard
8000 Davao City
PHILIPPINES
Tel:  +63 82 298 3749 / 298 2233
Fax: +63 82 298 3749 / 298 2233

3. Mr. Quinciano V. Bueno
Officer-in-Charge (OIC)
Commission on Human Rights, Region 12
Pascua Building,
Arellano St.
Koronadal City
PHILIPPINES
Telefax: +63 83 520 0615


Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-046-2008
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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.