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PHILIPPINES: Missing activist could be in military's custody

April 17, 2006

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

18 April 2006
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UA-127-2006: PHILIPPINES: Missing activist could be in military’s custody

PHILIPPINES: Abduction and enforce disappearance; risk of being tortured; arbitrary use of authority by the military; collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding suspicions that an activist who was forcibly abducted and reported missing could be in the custody of the military. Activist Ronald Intal (24) was forcibly taken by armed men at around 11am near a motorcycle terminal in Barangay Balete, Hacienda Luisita on 3 April 2006 allegedly by elements of the 70th Infantry Battalion, Philippine Army. He was seen being taken towards their headquarters in Aqua Farm of the Barangay village.

According to a report from Karapatan (Alliance for the Advancement of Peoples Rights), when the victim’s father Gonzalo went to the military headquarters on April 8 to inquire into his son’s whereabouts, the military denied having him in their custody. Gonzalo and his wife Lourdes then sought the assistance of Tarlac City Vice-Mayor Teresita Cabal to help them locate their son.

Vice Mayor Cabal told the parents that Ronald was being held by elements of the Northern Luzon Command, Philippine Army (Nolcom). She added that Ronald would only be released after Major General Jovito Palparan, the head of the 7th Infantry Division, Philippine Army, gave an order to allow this. "Ayaw pa siyang pakawalan ni Gen. Palparan dahil hindi pa daw tapos ang appointment niya (Gen. Palparan will not release him yet because his [Intal's] appointment is not yet over), Cabal was quoted as saying by Gonzalo.

Ronald is a known active youth leader deeply involved in the struggle of peasant workers inside the Hacienda Luisita. Ronald was also a leader of the Samahan ng mga Kabataang Demokratiko sa Asyenda Luisita (SAKDAL or Association of Democratic Youth in Hacienda Luisita) and the Anak ng Bayan (Sons and Daughters of the People) political party. His abduction and disappearance took place after another labour leader Tirso Cruz, Board of Director of the United Luisita Workers Union (ULWU) was killed. (Please see the following for further details: UA-101-2006).

It is reported that Vice Mayor Cabal is set to present witnesses into Ronald’s abduction to the Nolcom to prove their claims of the involvement of the military men, and to demand for the victim’s release without delay. However, Colonel Cesar Yano, chief of staff of the Armed Forces Northern Luzon Command, has publicly announced that they have not received any report from the Barangay (village) or local police officials about the incident.

Rodel Galang, village chief of Balete, reportedly tried to interview other witnesses in connection with Ronald’s disappearance. Although there are reports that the witnesses gave conflicting accounts while others refused to speak, no further investigation has been conducted to determine the victim’s whereabouts. The police have yet to investigate the military men involved to answer to the allegations made against them.

The AHRC has reported a number of incidents to which the military men attached to the command of Major General Palparan are accused of allegedly abusing their authority. In November and December last year, a labour leader went into hiding for fear of his life while his family continues to face serious threat. Three of the labour leader’s colleagues were also tortured, one of whom suffered severe trauma, when illegally subjected to questioning by elements of the 24th Infantry Battalion. (Please see details of this case: UA-030-2006).

On 6 January 2006, two gunmen believed to be military agents and allegedly with connections to 2nd Lt. John Paul Nicolas, head of the 69th Infantry Battalion, also killed a female peasant leader. (Please see for further details: UA-031-2006). On February 13, 19-year-old activist Audie Lucero was found dead after he was last seen with a group of policemen and military men believed to be attached to either the 24th or 64th Infantry Battalion. (Please see for further details: UA-078-2006). The military units involved are under the command of Major General Palparan.

The disappearance of Ronald Intal is yet another case of forcible abduction and enforced disappearance in the country, in particular in the Luzon area. The AHRC has repeatedly raised concerns over the alarming number of disappearances in the country and the absence of an enabling law to adequately address this problem. (Please see our statement on this: AS-043-2006).

SUGGESTED ACTION:
Please write letters to the agencies listed below asking them to conduct an impartial investigation which looks into the allegations that Ronald Intal may be being held illegally by the military. If he is being held by the military and if there are no sufficient grounds to justify his detention, he must be released without delay. If, however, it is established that Ronald is not in the custody of the military, the concerned government agencies must exhaust all means to locate his whereabouts. Major General Jovito Palaparan Jr. must be held accountable for the abuses committed by his men and his inaction to take appropriate sanctions against them. Appropriate criminal charges must also be filed against those responsible for the victim’s abduction and forced disappearance.

Dear _________,

PHILIPPINES: Missing activist could be in military’s custody

Name of victim: Ronald Intal, 24-years-old, a resident of Barangay Asturias, Tarlac City. He was the leader of Samahan ng mga Kabataang Demokratiko sa Asyenda Luisita or SAKDAL (Organization of Democratic Youths in Hacienda Luisita)
Name of alleged perpetrators: Elements of the 70th Infantry Battalion, Philippine Army, under the 7th Infantry Division headed by Major General Jovito Palparan, Jr. They are stationed in Aqua Farm, Barangay Balete, Tarlac
Place of incident: Near a tricycle terminal in Barangay Balete inside Hacienda Luisita, Tarlac
Time and date of incident: 3 April 2006 after 11am

It has come to my attention that another activist, Ronal Intal, was forcibly abducted and subsequently disappeared on 3 April 2006. He was seized near a tricycle terminal in Barangay (village) Balete inside Hacienda Luisita, Tarlac allegedly by military men attached to the 70th Infantry Battalion, Philippine Army. Ronald was seen being taken by the military on their way to their headquarters in the said village.

I have learned that the military men involved have denied any involvement into Ronald’s disappearance. However, I am extremely shocked by the absence of an impartial and independent investigation to look into the allegations that Ronald is in the military’s custody and that he was forcibly taken by them. I am aware that Vice Mayor Teresita Cabal of Tarlac has informed the victim’s family that the military is holding him in custody. I am deeply concerned by the great risk that the victim could be tortured while detained.

I am aware that this is yet another incident wherein the military units under the command of Major General Jovito Palparan Jr., head of the 7th Infantry Division, Philippine Army, are being accused of abuses. I am deeply concerned that Major General Palparan has not been held accountable for the acts of his men.

I therefore urge you to exhaust all means to locate the victim’s whereabouts. If indeed it is proven during the investigation that he is being held by the military, he must be released without delay. Should there be charges laid against him to warrant his detention, he must be produced immediately before a competent court. Those involved in forcibly abducting the victim, in particular their commanding officers, must be held accountable for their acts. Appropriate charges must be filed against them if the allegations are found to be true. They must be suspended from their official duty once the investigation commences.

Finally, I urge you to recommend to the members of the House of Representatives and the Senate to consider as a priority the passage of an enabling law which criminalises the offense of forced disappearance. While the bill may have shown some progress in the legislative, I maintain a high level of reservation given that it is yet to be enacted. The enactment of an enabling law on disappearance is a requirement to ensure the protection of human rights in the Philippines.

I trust that you will take 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. 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

6. 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-127-2006
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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.