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PHILIPPINES: Two persons killed while three other activists survive attempts on their lives in separate attacks in Luzon

May 8, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

9 May 2006
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UA-151-2006: PHILIPPINES: Two persons killed while three other activists survive attempts on their lives in separate attacks in Luzon

PHILIPPINES: Extra-judicial killings; torture; violence against activists, their families and members of political party; inadequate witness protection; collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) deeply regrets to inform you that another two persons were killed while three other activists survived an attempt on their lives in separate incidents on 22 and 26 April 2006 in the provinces of General Nakar, Quezon and San Mateo, Isabela. On April 22, armed men believed to be military men killed Marilou Sanchez and his brother Virgilio Rubio. Marilou’s husband Hilario survived an attempt after he managed to escape from their attackers. On April 26, activists Gavino Abrojeno and Edgar Bautista survived an attempt on their lives when the firearm by one of the attackers who shot at them malfunctioned.

On 22 April 2006, at around 2:30am, Marilou Sanchez and her husband Hilario, and Virgilio Rubio were then sleeping inside their hut when around ten armed men believed to be elements of the 16th Infantry Battalion, Philippine Army, entered. The men were wearing black long-sleeved shirts, five were wearing bonnets and others were in fatigue pants when they entered the victim’s house in Barangay Magsikap, General Nakar, Quezon.

According to a report from an umbrella of human rights groups Karapatan (Alliance for the Advancement of Peoples’ Rights), the attackers immediately tied up Marilou and her brother Virgilio and later asked them who among them is "Larry Sanchez". Marilou’s husband Hilario then introduced himself as he was the Larry they were looking for. The armed men accused Hilario a.k.a. Larry of being a member of the New People's Army. Hilario, however, denied the accusation and instead told them that he was in fact serving the local government as chief of the village security men or what is locally known as Barangay Tanod.

Hilario was beaten suddenly by their attackers four times to his back using a wooden pole until he was lying face down on the ground. They only stopped beating him after they the saw blood coming out from his nose. They thought Hilario was already unconscious. Some of the armed men ordered their companions to take Marilou’s brother Virgilio, tied him up and took him to the second floor of the hut. Hilario later heard gunshots coming from upstairs. Hilario’s wife Marilou was also tied to a post.

Hilario managed to loosen the rope tied to his hands. He saw one of the armed men coming close to his wife Marilou and shot her. Hilario immediately got up and ran off while the attackers were shooting at him while he was fleeing. He stayed in the forest and hid until the daytime arrived. On the morning of April 22, Hilario sought help in the area. It was later found that his wife Marilou suffered gunshot wounds to her head while Virgilio had gunshot wounds to his chest. The armed men also ransacked and stole items from their house before leaving. Hilario is still suffering from trauma brought about by the tragic incident.

In another incident, on April 26, at around 3:15pm, activists Gavino Abrogena and Edgar Bautista were on their way to the communities for a meeting with peasants to discuss plans for the May 1 Labour Day demonstration. While waiting for a ride after coming out from their office in Dagupan, San Mateo, Isabela, a blue van without a signboard stopped in front of them.  The van's driver started shouting "Santiago! …Santiago!" (a town in the province) in calling would-be passengers. Gavino and Edgar decided not to take a ride in the van when they saw that those inside were all males and were suspicious looking.

After the van left, two motorcycle-riding men came and stopped in front of Gavino and Edgar. One of the gunmen who was riding at the back of a motorcycle, took his .45 caliber pistol out and shot at Edgar but the gun the gunman was using malfunctioned. The gunman was not wearing a bonnet. Gavino and Edgar quickly ran off and started shouting to draw the attention of bystanders in the area.

When Edgar tried to hide behind some plants, three men who had come out of a nearby restaurant grabbed his neck and arms. They asked him why he was running. Edgar tried to explain that somebody tried to shoot him. The men tried to pacify him and told him to stop running. But Edgar struggled and kept on shouting that he was in grave danger. Because of the commotion Gavino and Edgar were making, customers at a nearby restaurant came out to find out what the trouble was. The three men who accosted Edgar and grabbed his nick immediately ran towards the town centre of San Mateo.

Prior to the incident, Gavino who is a spokesperson of Danggayan-CV (Cagayan Valley), a regional peasant movement in Cagayan Valley, had been actively speaking at protest rallies against the atrocities by military and the massive militarisation in the region. Edgar’s wife Grace whose is a human rights leader and worker in Cagayan Valley, was also harassed in October 2005, after speaking before peasants in Naguilian, Isabela. Edgar and Grace spoke about the situation of peasants and general human rights issues in the region.

It was later reported that the soldiers have since repeatedly asked for the couple’s whereabouts. Colonel Shalimar Imperial, the Intelligence Officer of the 5th Infantry Division, Philippine Army, has also publicly accused the couple of being members of the New People's Army.

Edgar and Gavino are planning to file charges against the 5th Infantry Division, Philippine Army, regarding the attempt made on their lives.

SUGGESTED ACTION:

Please write letters to the concerned government agencies listed below expressing your deep concern regarding these cases. An impartial and effective investigation must be conducted and those military men accused of having possible involvement must be investigated. Victim Hilario Sanchez must be admitted to the Witness Protection, Security and Benefit Programme (RA 6981) of the Department of Justice (DoJ) without delay. Sanchez’ safety is essential in effectively prosecuting the perpetrators. Meanwhile, an effective investigation into the attempts made on two activists’ lives must also be conducted. The military men allegedly involved in labeling the victims as members of a rebel group in the absence of a due process or any formal complaints against them, must be investigated. If there are any allegations against the two victims it must be brought to court. Such action by the military of labeling them without taking legal action has put the victims’ lives at risk and is totally unacceptable.


Suggested action:

Dear ___________,

PHILIPPINES: Two persons killed while three other activists survive attempts on their lives in separate attacks in Luzon

Case 1:
Names of victims killed:
1. Marilou Sanchez (42), married with 16 children, a resident of Barangay (village) Magsikap, General Nakar, Quezon. She was a member of party list Bayan Muna (People First)
2. Virgilio Rubio (40), a resident of Barangay Magsikap, General Nakar, Quezon. He was the brother of Marilou.
Name of victim who survived attempt on his life:
1. Hilario Sanchez a.k.a Larry (52) a resident of Barangay Magsikap, General Nakar, Quezon. He is the husband of Marilou and Chief of the Barangay (village) Tanod (security force) of Barangay Magsikap. He is also a member of partylist Bayan Muna
Name of alleged perpetrators: About ten unidentified armed men believed to be elements of the 16th Infantry Battalion, Philippine Army (IBPA)
Place of incident: At a resort owned by Hilario Sanchez and his wife Marilou in Barangay Magsikap, General Nakar, Quezon
Date of incident: 22 April 2006 at around 2:30am
 
Case 2:
Names of the victims:
1. Gavino Abrojeno a.k.a. Bino (45), married with six children, a resident of Barangay (Village) Siyempre Viva, Mallig, Isabela. He is a peasant organiser and spokesperson for Danggayan-CV (Cagayan Valley), a regional peasant movement in Cagayan Valley.
2. Edgar Bautista a.k.a. Jong (36), a resident of Guibanggamu, Isabela. He is married with three children. He is a peasant organiser and the deputy secretary general of Danggayan – Cagayan Valley
Name of alleged perpetrators: About five unidentified armed men believed to be elements of the 5th Infantry Division, Philippine Army. Three of whom had a motorcycle each, two of these motorcycles were black in colour, while one was red. The other two armed men rode a red sports motorcycle. All of them were wearing bonnets, except the gunman, whose hairstyle is similar to that of military men.
Place of incident: In front of Danggayan-Cagayan Valley Office, Dagupan, San Mateo, Isabela
Date of incident: 26 April 2p006 at around 3:15pm

I am writing to draw your attention to two further cases of extra-judicial killing and violence against activists and their families on 22 and 26 April 2006 in General Nakar, Quezon and San Mateo, Isabela.

According to the information I have received, on April 22, Marilou Sanchez and her brother Virgilio Rubio were killed inside their house in General Nakar, Quezon. Marilou’s husband Hilario survived an attempt on his life after he escaped from the attackers. The Sanchez couple are members of a political party Bayan Muna (Peoples First). The attackers, who are believed to be members of the 16th Infantry Battalion, Philippine Army, were looking for a person named Larry Sanchez who they accused of being a member of a rebel group. Hilario was severely beaten with a wooden pole until he almost fell unconscious after he introduced himself as the same person that they were looking for.

While he was lying on the floor, Hilario saw his brother in law, Virgilio, forcibly taken to the second floor of their house before he heard a series of gunshots. Hilario likewise saw his wife Marilou being shot at close range while the attackers tied her to a post. Had Hilario not been able to escape by loosening the ties on his hands, he would have most likely also been killed. I have learned that the attackers open fire on him as he was fleeing.

On April 26, another two activists, namely Gavino Abrojeno and Edgar Bautista, survived an attempt made on their lives. Armed men riding on a motorcycle shot at Gavino and Edgar while they are waiting for a ride in San Mateo, Isabela. Gavino and Edgar however managed to escape unhurt because the gun the attacker was using malfunctioned. They were able to draw the attention of the crowd surrounding them after they started shouting.

Prior to the incident Edgar and his wife Grace had been accused by Colonel Shalimar Imperial, Intelligence Officer of the 5th Infantry Division, Philippine Army, of being members of a rebel group. I am deeply concerned that the attempt on the lives of Edgar and Gavino is connected to their work as activists. Although it has not been determined yet whether the military were involved in this incident, I worry that unless a competent investigation is held into the case, this fact may never be established. I am also gravely concerned of the actions being taken by the military in accusing Edgar and Grace as being members of a rebel group without having them charged in court. Such action may have directly encouraged violence against them.

I urge your immediate intervention in these cases. Please ensure that Hilario Sanchez is afforded adequate security and protection as provided for by the Witness Protection, Security and Benefit Act (RA 6981) of the Department of Justice (DoJ). The DoJ must consider him as beneficiary to the programme without further delay. His safety and security is essential to effectively prosecute the alleged perpetrators. The military men, in particular the elements of the 16th Infantry Battalion, Philippine Army who are accused of having possible involvement must be investigated to answer to the allegations made against them. If the allegations against them are true, appropriate charges must be filed in court.

Additionally, I urge you to ensure that an impartial and effective investigation is conducted into attempts made on Gavino Abrojeno and Edgar Bautista lives. The military officials, in particular Colonel Shalimar Imperial, Intelligence Officer of the 5th Infantry Division, Philippine Army, must be investigated to establish whether they are accountable for having labelled Edgar and Grace members of a rebel group without having them charged in court. Although it is not clear yet whether the military were involved in the attempt on the lives of Gavino and Edgar, I urge you to ensure that an effective and impartial investigation is conducted in this case to establish this.

I am deeply concerned of the action taken by the military by making public statements labeling the victims as members of a rebel group. Should the military have had sufficient evident to prove their allegation, the matter should have been properly pursued in court by filing appropriate charges. I am gravely concerned that such labeling by the military may have encouraged the violence taken against Edgar and Grace and other activists. Immediate sanctions must be taken against the military officials involved, in particular Colonel Imperial. They must likewise be refrained from making such statements.

I trust that you will take action in this case.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

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

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

7. 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

8. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
c/o Ms Lucinda O'Hanlon
Room 3-042
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
E-mail: lohanlon@ohchr.org

9. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: lventre@ohchr.org


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-151-2006
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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.