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PHILIPPINES: A human rights defender who testified to UN special rapporteur shot dead in Misamis Oriental

March 16, 2007

URGENT APPEAL GENERAL URGENT APPEAL GENERAL URGENT APPEAL GENERAL

ASIAN HUMAN RIGHTS COMMISSION

16 March 2007
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UA-088-2007: PHILIPPINES: A human rights defender who testified to UN special rapporteur shot dead in Misamis Oriental

PHILIPPINES: extra-judicial killing; no rule of law;
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Dear friends,

The Asian Human Rights Commission has received information from local NGO KARAPATAN regarding the killing of human rights activist, Siche Bustamante-Gandinao on 10 March 2007. The victim was one of the witnesses who testified before the UN Special Rappoteur on Extrajudicial, Summary or Arbitrary Executions Professor Philip Alston during his visit to the Philippines in February 2007 about the killing of her father-in-law Tatay Daki Gandinao on 8 February 2007. It has been reported that members of the military are alleged to have killed Siche.

CASE DETAILS:

According to information we received, at around 3:00 pm on 10 March 2007, Mrs. Siche Bustamante-Gandinao was on her way home from her family's farm in Sitio Nabuolan, Barangay Guinalaban in Salay, Misamis Oriental with her husband and a daughter. Siche was walking behind a cart that was loaded with their harvested crops and being pulled by a cow. While they were walking towards home, they passed the 9th Infantry Battalion Philippine Army (IBPA) detachment, at which time the family saw that a red motorcycle was parked in front of the gate.

After they had walked about 50 metres from the detachment, a man with a gun ran towards the family from the detachment and grabbed the daughter. Then the man turned around and faced Siche and shot her in the forearms and chest several times. The victim fell to the ground immediately and the assassin ran away in the direction of the detachment. The husband and the daughter of the victim called for the help of people who live nearby the site, however no one came. It has been reported that the Barangay (neighbourhood) Chairman of the nearby village then came and tried to call the police but he told to the family that it was unlikely that anyone would be dispatched because they were engaged in other work.

Mrs. Siche Bustamante-Gandinao's husband carried her on his back and tried to take her to the nearest hospital while both he and his daughter kept shouting for the help of people they encountered on the road. However they could not find either a car or medical treatment.

Shortly afterwards, two men on a motorcycle approached the family before turning back towards the detachment. However, the same motorcycle came back with another motorcycle that was red in colour and the family recognized it is the same motorcycle that they had seen in front of the detachment. There were two men on the red motorcycle and the daughter has reportedly identified one of them as being the assassin. The men on the motorcycle then went away and they have not been seen since.

The family then found help from a villager who offered them a ride on his motorcycle. The victim was taken home at which time she was still breathing. She was immediately taken to the municipal hall and they finally found an ambulance that transported her to the hospital in Cagayan de Oro city, which is located more than one hour from Salay where the family live. However, Mrs. Siche Bustamante-Gandinao was declared dead at the Balingasag Medicare Hospital where the ambulance stopped in order to get intravenous sustenance for the victim.

Mrs. Siche Bustamante-Gandinao was one of the witnesses of the murder case of her father-in-law, Mr. Tatay Daki Gandinao, who was shot dead on 8 February 2007, and testified about the killing of her father to the UN Special Rapporteur on Extrajudicial, Summary and Arbitrary Executions, Professor Philip Alston, during his 10 days visit to the Philippines in February 2007 to investigate the killings in the country.

Siche was a dedicated human rights activist who worked for the improvement of rights of farmers and fishermen. She was a member of the Misamis Oriental Farmers Association (MOFA). She was also involved in the promotion of rights and welfare of marginalized sectors in society including industry workers, peasants, indigenous peoples and the urban poor as member of a political party, Bayan Muna.

According to the information we have received, there has been no investigation into the case initiated by police.

The AHRC strongly condemns the lack of investigation by the police concerning this important case. The fact that a person who has testified on the situation of the killings to the UN's top expert on the matter should be killed as a result is a most serious case, and shows the extent to which the Government of the Philippines is flouting its international obligations and pledges to the international community given prior to its elections to the UN Human Rights Council, which is currently in session. Effective investigations and judicial mechanisms are required as a matter of urgency if these killings are to stop. However, this case in particular shows the blatant disregard that the authorities of the Philippines have for the lives of the country's citizens and justice and human rights. 

To see more about the individual cases of extrajudicial killings in the Philippines that the AHRC has reported through our Urgent Appeal, visit out Philippines web site at http://www.pinoyhr.net/ .

Please also refer to the latest issue of Article 2, vol.6, no. 1, February 2007, SPECIAL REPORT: THE CRIMINAL JUSTICE SYSTEM OF THE PHILIPPINES IS ROTTEN, a bimonthly publication from the Asian Legal Resource Centre (ALRC), a sister organization of the AHRC.


SUGGESTED ACTION:
Please write a letter to the concerned authorities below, including the UN Special Rapporteur on extrajudicial, summary and arbitrary executions Professor Philip Alston, and urge the authorities to conduct a thorough and impartial investigation into extrajudicial killing. Please also urge them ensuring all necessary assistance for the victim's family to seek legal remedies. In addition, please urge them to take immediate action to ensure the elimination of the practice of politically-motivated extra-judicial killings.

To support this urgent appeal, please click here:

Suggested letter:

Dear __________,

PHILIPPINES: A human rights defender testified to UN special rapporteur shot dead in Misamis Oriental

Name of victim killed: Mrs. Siche Bustamante-Gandinao, 56 year-old, married with 6 children, resident of Purok 7, Upper Poblacion, Salay, Misamis Oriental, Philippines
Alleged perpetrator/s: man came by a red motorcycle with a gun
Place of incident: 50 metres off from the 9th Infantry Battalion Philippine Army (IBPA), Civilian Armed Forces Geographical Unit (CAFGU) detachment, Barangay Guinalaban, Misamis Oriental
Date of incident: at around 3:00 pm on 10 March 2007

I am writing to you to express my grave concern and shock over the murder of a human rights defender, Mrs. Siche Bustamante-Gandinao who was shot dead on 10 March 2007 by an armed man near the detachment of the 9th Infantry Battalion Philippine Army (IBPA), Civilian Armed Forces Geographical Unit (CAFGU) in Misamis Oriental.

According to the information I have received, the victim was shot when she was walking with her husband and a daughter from their field with their harvested crop on their way to home in the afternoon. After the family passed about 50 metres away from the military detachment, an armed man rushed over to the family and took a daughter with a gun. In a short while, the man turned to face Mrs. Mrs. Siche Bustamante-Gandinao and immediately shot her forearms and chest few times. The victim fell down on the floor and the family shouted for a help to the nearby residents but no one came to offer a help.

A chairman of the Barangay (neighbourhood) tried to call police car however he told the family that it is difficult to be despatched since the car has been used at that time. The husband of the victim then tried to bring the victim to the house on foot. After a short while, two men on a motorcycle passed by the family ignoring the plea of the family for help to the direction of the military detachment.

However, the same motorcycle came back with another motorcycle that was red in colour and the family recognized it is the same motorcycle that they had seen in front of the detachment. There were two men on the red motorcycle and the daughter has reportedly identified one of them as being the assassin. The men on the motorcycle then went away and they have not been seen since.

The family then found help from a villager who offered them a ride on his motorcycle. The victim was taken home at which time she was still breathing. She was immediately taken to the municipal hall and they finally found an ambulance that transported her to the hospital in Cagayan de Oro city, which is located more than one hour from Salay where the family live. However, Mrs. Siche Bustamante-Gandinao was declared dead at the Balingasag Medicare Hospital where the ambulance stopped in order to get intravenous sustenance for the victim.

I have learned that the victim, Mrs. Siche Bustamante-Gandinao was one of the witnesses of the murder case of her father-in-law, Mr. Tatay Daki Gandinao, who was shot dead on 8 February 2007, and testified about the killing of her father to the UN Special Rapporteur on Extrajudicial, Summary and Arbitrary Executions, Professor Philip Alston, during his 10 days visit to the Philippines in February 2007 to investigate the killings in the country.

Siche was a dedicated human rights activist who earnestly worked for the improvement of rights of farmers and fishermen as member of the Misamis Oriental Farmers Association (MOFA). She was also involved in the promotion of rights and welfare of marginalized sectors in society including industry workers, peasants, indigenous peoples and urban poor as member of a political party, Bayan Muna.

According to the information I have received, there are no investigation into the case initiated by police despite the significance of the case that is the murder of a civilian who presented her testimony to the United Nations' independent expert on extrajudicial killing.

I strongly condemn the lack of investigation by the police concerning this important case. The fact that a person who has testified on the situation of the killings to the UN's top expert on the matter should be killed as a result is a most serious case, and shows the extent to which the Government of the Philippines is flouting its international obligations and pledges to the international community given prior to its elections to the UN Human Rights Council, which is currently in session. Effective investigations and judicial mechanisms are required as a matter of urgency if these killings are to stop. However, this case in particular shows the blatant disregard that the authorities of the Philippines have for the lives of the country's citizens and justice and human rights. 

I therefore strongly urge your actions in ensuring the immediate and thorough investigation into the murder of the victim, Mrs. Siche Bustamante-Gusmao, and bring the perpetrators before justice without delay.

In addition, I would like to urge your more diligent effort for the elimination of killings including extrajudicial and politically motivated of those, and to take all necessary actions for the establishment of effective investigative and judicial mechanism to promote thorough investigation and fair prosecution of the perpetrators of such killings.

I also urge your assistance in ensuring necessary assistance for the victim's family to pursue legal remedies for this case.

I look forward your immediate intervention into this important matter.


Yours sincerely,

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PLEASE SEND YOUR LETTER 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. Purificacion Quisumbing
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Tel: +63 2 928 5655 / 926 6188
Fax: +63 2 929 0102
Email: drpvq@yahoo.com

3. Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2 726 4361/4366/8763
Fax: +63 2724 8763
Email: bluetree73@gmail.com

4. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614

5. Mr. Orlando Casimiro
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
Tel: +632 926 9032
Fax: +63 2 926 8747
Email: omb1@ombudsman.gov.ph

6. Mr. Jesus D. Dureza
Presidential Adviser on the Peace Process
Office of the Peace Process
7 th floor, Agustin Building I
Emerald Avenue
Pasig City 1605
PHILIPPINES
Fax: +63 2 635 9579
Email: osec@opapp.gov.ph

7. Gen. Hermogenes Ebdane
Secretary
Department of National Defence
Room 301, DND Building
Camp Emilio Aguinaldo
E. de los Santos Avenue
Quezon City
PHILIPPINES
Fax: +63 2 911 6213
Email: osnd@philonline.com

8. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)

9. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Attn: Melinda Ching Simon
Room 1-040
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-088-2007
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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.