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PHILIPPINES: Another disappearance of an activist in Batangas City

April 9, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

10 April 2006
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UA-124-2006: PHILIPPINES: Another disappearance of an activist in Batangas City

PHILIPPINES: Torture; forcible abduction and disappearance; violence against women and children
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that another activist was forcibly abducted and disappeared on 6 April 2006. Victim Dario Almonte was forcibly abducted in front of his wife Cherry and his six-year-old nephew at 6am in front of his sister’s house in Puyo Compound, Sta. Clara, Batangas City.

According to information received from Karapatan-Batangas Chapter (Alliance of the Advancement of Peoples’ Rights), several armed men riding in two vehicles, some of whom were wearing bonnets, entered the compound in Puyo in Sta. Clara. A couple who was seen peddling ice cream in the area the day before the incident accompanied them. It is believed that the couple spied on the Almontes prior to Dario’s abduction.

The armed men surrounded Dario Almonte’s house and the houses adjacent to his. When the Almontes went outside their house the perpetrators forcibly grabbed Dario and forced him towards their vehicle. The incident frightened his family and the villagers who witnessed Dario struggling from his abductors. Dario’s six-year-old nephew was also frightened seeing his uncle forcibly taken by the armed men.

Dario’s wife Cherry and their relatives tried to fight it out with the perpetrators, but the latter pointed guns at them. Dario desperately held tightly to a post while being dragged but he lost his grip when hit with an armalite rifle. Soon after, the perpetrators left taking Dario with them in a vehicle that had been parked nearby. Dario’s family immediately sought the help of their former Barangay (village) chairperson, Thelma Maranan, who later asked help from their town’s Mayor Eddie Dimacuha. Dimacuha contacted his city’s Police Chief, Superintendent Anzo to inquire whether they had Dario with them but he replied that they did not.

Anzo instead told Demacuha that Dario could be in the custody of the Intelligence Division of the Fernando Air Base as he had pending warrants of arrest at the Camp Rafael Crame (headquarters of the Philippine National Police) and at the Regional Police Office in Camp Caringal in Canlubang. However, when the victim’s family and his fellow villagers went to check at the Fernando Air Base, the camp’s acting commander, Colonel Facalso, denied having Dario in their custody. The victim’s whereabouts remain unknown.

Dario’s abduction is believed to be connected with his involvement in strongly opposing the planned demolition of urban areas in Sta. Clara, Batangas by the Philippine Ports Authority (PPA) for its expansion project. Dario was the leader of the Peoples Coalition for Alternative Development (PCAD).

The disappearance of Dario Almonte is yet another incident of enforced and involuntary disappearances in Batangas City. Prior to Dario’s abduction, on 9 January 2006, another activist Francis Noel Desacula was also abducted and subsequently disappeared. His whereabouts remain unknown. (Please see details of this case: UA-042-2006). On 31 January and 14 February 2006, the Regional Trial Court (RTC) Branch 11 in Balayan, Batangas, conducted a hearing into Desacula relatives’ petition for Writ of Habeas Corpus but no respondents appeared in court. The petition has not shown any progress and has not reached any conclusive findings as yet.

Beginning early this year cases of enforced and involuntary disappearances in the Philippines, in particular in the Luzon islands, have grown to an alarming rate. The AHRC has reported the disappearance of labour leader Rogelio Concepcion (UA-87-2005) of San Ildefonso, Bulacan; activist Joey Estriber (UP-048-2006) of Baler, Aurora; villagers Reynaldo Manalo and Raymond Manalo (UA-077-2006) of San Ildefonso, Bulacan; and Pepito Campus and Leonardo Parungao (UA-099-2006) of San Antonio, Nueva Ecija.

The AHRC is deeply concerned by the absence of an enabling law on enforced and involuntary disappearance in the country that could prosecute perpetrators and bring justice to the families of disappeared victims. The absence of law provides little hope for adequate and effective investigations followed by prosecutions and punishment of the perpetrators, as well as compensation to the families of the victims. The proposed Act Defining and Penalizing the Crime of Enforced or Involuntary Disappearance (HB 1556) has also been unnecessarily delayed. (Please see full text of statement: AS-043-2006).

SUGGESTED ACTION:
Please write letters to the agencies listed below asking them to exhaust all means possible to locate Dario Almonte’s whereabouts. The victim’s family and those who witnessed the incident should be actively involved in the investigation to identify the perpetrators. Also, please request the members of the Philippine Congress and Senate to consider as a priority the enactment of an enabling law against enforced and involuntary disappearances.

Suggested letter:

Dear __________,

PHILIPPINES: Disappearance of an activist in Batangas City

Name of disappeared victim:
1. Dario Almonte, a resident of Barangay (village) Sta. Clara, Batangas City. He is the leader of the Peoples Coalition for Alternative Development (PCAD).
Name of victims harassed:
1. Cherry Almonte, wife of Dario Almonte
2. The victim’s six-year-old nephew
3. Victim’s sister Lorena Almonte and several villagers in the area
Name of alleged perpetrators: At least 20 armed men riding in two service vehicles which were white and blue-green. All were wearing plain clothes and some had bonnets.
Date of incident: 6 April 2006 at around 6am
Place of incident: Inside the Puyo Compound, Sta. Clara, Batangas City

I am writing to bring to your notice the forcible abduction and disappearance of activist Dario Almonte on 6 April 2006 in Sta. Clara, Batangas City. I have learned that Dario was forcibly abducted by at least 20 armed men, some of whom were wearing bonnets, in front of his sister’s house. His wife Cherry, his sister Lorena, his six-year-old nephew and other villagers in their compound witnessed the incident.

While being taken by his captors, Dario was repeatedly beaten with an armalite rifle. The perpetrators also harassed the victim’s wife Cherry, his relative and several villagers by pointing guns at them when they attempted to assist Dario. The perpetrators left taking Dario with them whose whereabouts remain unknown.

According to the information I received, Dario’s abduction could be connected to his active involvement in opposing the pending demolition of urban areas in Sta. Clara, Batangas City. I have learned that the Philippine Port Authority (PPA) is planning to implement a demolition as part of the expansion project of their ports. I urge you to conduct an immediate and impartial investigation to look into these reports.

Although there are reports circulating that Dario could have been taken into custody by the Intelligence Division of the Fernando Air Base, I am unaware of any investigation having been taken into this matter. I have also learned that the chief of police of Batangas City, Superintendent Anzo, also suggested that Dario could be in the custody of the Fernando Air Base. Anzo added that Dario had pending arrest warrants with other police offices. However, when the victim’s family questioned the Fernando Air Base, they denied having Dario in their custody. I urge you to conduct an investigation to determine whether or not Dario is being held in the custody of the Fernando Air Base.

I am deeply concerned by the number of forcible abductions and disappearances of activists in Batangas. I am aware that on 9 January 2006, another activist Francis Noel Desacula was also abducted and subsequently disappeared. His whereabouts still remain unknown. I am deeply concerned by the governments inadequate and insufficient action to address these cases of enforced disappearances. I urge you to exhaust all means possible in addressing Dario’s case as well as other disappearance cases reported.

I take this opportunity to urge you to ensure that the proposed enabling law on enforced disappearance--an Act Defining and Penalizing the Crime of Enforced or Involuntary Disappearance (HB 1556)--is enacted without delay. An enabling law is a precondition to ensuring that cases of disappearance are adequately investigated and properly prosecuted. It would also ensure that the perpetrators are punished and that the victims receive compensation.

I trust that you will take immediate action in this case.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. 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@chr.gov.ph

2. P/DIR Gen. Arturo Lumibao
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763

3. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
Email: sechbp@infocom.com.ph

4. Gen. Generoso Senga
Chief of Staff
Armed Forces of the Philippines (AFP)
Armed Forces of the Philippines General Headquarters Offices (AFP-GHQ)
Camp General Emilio Aguinaldo
Quezon City
PHILIPPINES

5. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
c/o Ms Vernonica Birga
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
Email: vbirga@ohchr.org (please also cc: rrico@ohchr.org)

6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org

7. 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)
E-mail: MChingSimon@ohchr.org


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-124-2006
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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.