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PHILIPPINES: Labour leader survives ambush by police in Imus, Cavite

April 27, 2006

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

28 April 2006
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UA-142-2006: PHILIPPINES: Labour leader survives ambush by police in Imus, Cavite

PHILIPPINES: Violence against activists; labour rights
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you about an attempt made on the life of labour leader Gerardo Cristobal (35) in Imus, Cavite at around 6am today. Cristobal and his companion, Juliet Tayoto, were riding a car passing a crowded street in Barangay (village) Anabu, Coastal when another car, in which three armed men hooded with bonnets were riding, blocked their way. An exchange of gunfire took place between Cristobal, who was also carrying a firearm at the time, and one of his attackers, wounding both of them.

After the shooting incident, the gunmen reportedly fled in his car, with license plate number GSC 173. A tricycle driver first took Cristobal, who wounded, back to his house before he was taken to the Pilar Hospital where he was treated. Cristobal suffered serious gunshot wounds to his stomach, hip and hand. Cristobal was on his way to protest action when the incident took place. The protest, however, was called-off following the incident.

When Cristobal was admitted to the hospital, another victim of a shooting, identified as Senior Police Officer 1 (SPO1) Romeo Lara, a member of police intelligence operatives of Imus, Cavite, was also admitted to the same hospital. SPO1 Lara suffered gunshot wounds to his head and shoulder. It was later learned that SPO1 Lara was the same person hooded with a bonnet who made attempts on Cristobal’s life. In an interview over a local radio station dxRH, however, Colonel Rodel Sermonia, head of the intelligence operatives in Imus, twisted the account of incident accusing Cristobal as responsible in attacking his man--SPO1 Lara.

But according to Cristobal, who was interviewed by phone by staff of the Solidarity of Cavite Workers (SCW), an alliance of a labour organisation, it was SPO1 Lara’s group who are responsible for the attack contrary to Colonel Sermonia’s claim. Cristobal insists that SPO1 Lara’s group blocked their way before they started shooting at him. SPO1 Lara was together with Larry Reyes, a member of the Civilian Security Unit (CSU) in Imus, and another person inside the car, when they attacked Cristobal.

Later in the afternoon Cristobal was transferred to San Juan de Dios Hospital in Paranaque City, Metro Manila. His physicians are reportedly set to perform surgery on him to remove bullets still embedded in his stomach. It is reported that Cristobal’s relatives, who are attending to him at the hospital, are concerned by the presence of Special Weapons and Tactics (Swat) from Imus Police securing at the hospital. The Swat was reportedly deployed to prevent Cristobal from escaping--over claims he is responsible for the ambush.

The SCW believe that the attempt made on Critobal’s life is an effort to silence him in his struggles for the labour movement in Cavite. Cristobal is one of the labour leaders who has been critical of Governor Ireneo “Ayong” Maliksi of Cavite for his policy on “No Union No Strike”, which practically prohibits the organising of labour workers and unions from holding protests regarding their grievances against the unfair labour practice of foreign-owned factories in Cavite.

Prior to the incident, Cristobal also received threats from one of his attackers, Larry Reyes. Reyes is reportedly a personal bodyguard of Governor Maliksi’s son, Vice-Mayor Manny Maliksi of Imus, Cavite. The attack on Cristobal is the first incident that confirms the involvement by government agents into incidents of violence and killings of activists in the country, which are mostly perpetrated by gunmen hooded with bonnets.

This is not the first attack on Cristobal. In January 2005, Cristobal was severely tortured after he was arrested by police in Imus, Cavite, who falsely accused him of having involvement in the killing of labour leader Cris Abad, a former union secretary of Kristong Manggagawa, a labour union of EMI (EDS Manufacturing Incorporated) Yasaki in Cavite. Cristobal was formerly the president of the said union.

Cristobal was soon after released without charges after police investigators could not provide sufficient evidence to charge him in Abad’s killing. In December 2005, Cristobal was dismissed from his employment with the EMI (EDS Manufacturing Incorporated) Yasaki. Cristobal and three of his colleagues were charged by his employer for “disturbing the production” in connection with the November 2005 incident, by which their group took over the union leadership after winning an election.

SUGGESTED ACTION:

Please write letters to the concerned government agencies listed below to raise your serious concern about this case. An impartial and independent investigation must be conducted in order to have the policemen involved investigated regarding the allegations against them. The head office of the Philippine National Police (PNP) and the Ombudsman for the Military and Other Law Enforcement Agencies must take over in investigating the case without delay. Immediate security and protection must be afforded to Cristobal to ensure his safety once the investigation commences.

Suggested letter:

Dear ________,

PHILIPPINES: Labour leader survives ambush by police in Imus, Cavite

Name of victim: Gerardo Cristobal (35), a resident of Barangay (village) Malagasang 2nd, Imus, Cavite
Name of alleged perpetrators: Senior Police Officer 1 (SPO1) Romeo Lara of the police intelligence office, Larry Reyes of Civil Security Unit (SCU) and one of their companions whose name is not yet identified. SPO1 Lara and Reyes are assigned in Imus, Cavite.
Place of incident: Barangay (village) Anabu, Coastal, Imus, Cavite
Date of incident: 28 April 2006

I am writing to draw your attention to the attempt made on the life of Gerardo Cristobal at around 6am today in Barangay (village) Anabu, Coastal, Imus, Cavite. According to the information I have received, Cristobal was riding in a car together with his companion, Juliet Tayoto, when ambushed by armed men. An exchange of fire ensued between Cristobal and one of his attackers, who was later identified as Senior Police Office 1 (SPO1) Romeo Lara, a member of police intelligence operatives in Imus.

SPO1 Lara was together with Larry Reyes, a member of the Civilian Security Unit (CSU) and another person, onboard their vehicle when they attacked Cristobal. Colonel Rodel Sermonia, head of the intelligence police office in Imus, Cavite, confirmed over a radio interview the presence of SPO1 Lara’s during the incident. I am extremely disappointed, however, that Colonel Sermonia’s accused Cristobal as being responsible for the attack in the absence of an investigation.

I have learned that Cristobal and Tayoto had just emerged from the former’s house on their way to protest actions when the incident took place. There are allegations also that this attack may have been premeditated. Prior to the incident, Cristobal had received threats from Larry Reyes. Cristobal suffered gunshot wounds to his stomach, hip and hand and is presently confined at the San Juan de Dios Hospital in Paranaque City. Meanwhile, SPO1 Lara suffered gunshot wounds to his head, shoulder and hand.

This is not the first attack made on Cristobal. In January 2005, Cristobal was severely tortured by policemen from Imus, Cavite who falsely accused him of having involvement in the killing of another labour leader, Cris Abad. Cristobal, however, was released without charge after the police were unable to produce sufficient evidence to charge him. Cristobal has since been active in the labour movement in Cavite. I urge you to look into allegations that the attack on Cristobal had connections to his active involvement with the labour movement in Cavite.

I am extremely shocked by this attempt made on Cristobal’s life. I urge you to ensure that an independent and impartial investigation is conducted into this case. I strongly believe that the local police will not be impartial should they conduct the investigation. I request the head office of the Philippine National Police (PNP) and the Office of the Ombudsman for the Military and Other Law Enforcement Agencies to take over this case. SPO1 Lara and Reyes must be investigated to answer to these serious allegations against them. Their police official, Colonel Sermonia, must likewise be investigated and held responsible for the acts of his men. If the investigation reveals a probable cause, criminal charges must be filed against them. Additionally, administrative charges must also be filed against them. They must also be imposed with preventive suspension and sanctions once the investigation commences.

Furthermore, I urge you to ensure that immediate protection and security by the appropriate government agencies, in particular the Department of Justice (DoJ) is afforded to Cristobal and his family in accordance with the Witness Protection, Security and Benefit Act (RA 6981). I am deeply concerned the Cristobal and his family may have to endure further risks and threats to their life. I strongly believe that to effectively prosecute the perpetrators, the security and protection of Cristobal and his family must first be ensured. Lastly, I urge you to afford Cristobal with adequate medical assistance.

I trust that you will take action in this case.

Yours sincerely,


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

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@chr.gov.ph

3. 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

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

5. 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

6. Professor 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 9179016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
E-mail: ssyed@ohchr.org


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-142-2006
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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.