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PHILIPPINES: Activist shot dead in front of his relatives; another activist faces serious threats on his life in Tacloban City

July 26, 2006

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

27 July 2006
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UA-254-2006: PHILIPPINES: Activist shot dead in front of his relatives; another activist faces serious threats on his life in Tacloban City

PHILIPPINES: Extra-judicial executions; violence against activists and their families; absence of protection for activists facing threats; inadequate police investigation; complete collapse of rule of law
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PETITION - PETITION - PETITION - PETITION
STOP EXTRA-JUDICIAL KILLINGS IN THE PHILIPPINES   
http://www.pinoyhr.net/

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Dear friends,

The Asian Human Rights Commission (AHRC) deeply regrets to inform you that another activist has been killed while his companion faces serious threats on his life in Tacloban City. At 6:30pm on July 6, activist Paquito Diaz (a.k.a. Pax) was talking to his relatives in a sidewalk along Esperas Avenue, Barangay (village) 54, Tacloban City near his house when shot dead by one of two gunmen riding on a motorcycle. Diaz was waiting for his high school batch mate to attend a reunion when attacked. Following Diaz’s killing, his colleague Ricky Palencia, was reported to be the next target. Palencia has since received threats on his life.

According to a report from Karapatan-Eastern Visayas Chapter (Alliance for the Advancement of Peoples’ Rights), Diaz was at the time with his aunt-in-law, Margarita Pelingon together with her son Ariel, when he was brutally attacked. Ariel at the time was carrying his two-year-old son. The motorcycle the gunmen were riding on, an XRM model type motorcycle, reportedly slowed down as it approached Diaz. As this happened one of men aboard the motorcycle pulled a .45 caliber pistol and shot Diaz at close range. The gunmen’s pistol was equipped with a silencer. Diaz was hit in his left cheek below his eye.  Another round was fired at him as he was falling to the ground.

According to witnesses and bystanders, before the shooting incident, they noticed the two gunmen riding on their motorcycle about nine metres away from where Diaz was standing. They positioned and hid themselves behind a bush.  They were also seen to have been passing along Esperas Avenue several times prior to the incident.

After the shooting bystanders and neighbours who were at the time present tried to catch up and block the way of the fleeing gunmen, but they were threatened that they would be shot if they did not move out of the way. Diaz’s nephews, Antonio Pelingon and Leandro Pacheco immediately took him to nearby Bethany Hospital onboard a tricycle. But the attending physicians declared Diaz dead on arrival (DOA).  According to the physicians, one of the gunshot wounds was fatal. A bullet that had hit his chest pierced through his heart. It was Dr. Angel Cordero of the PNP Crime Laboratory who conducted the autopsy on the victim’s body, which lasted until early dawn the next day, July 7.

On July 7, Diaz’s cadaver was turned over to the Gomez Funeral Homes where a funeral service was held. An indignation rally by various progressive groups was also held in Tacloban City that afternoon condemning Diaz’ killing.

It is reported that prior to Diaz’s killing, he had been receiving threats on his mobile phone. According to Jun Estoya, anchorperson of a local AM radio station Radio Diwa, Diaz previously told him of the threats he had been receiving. Diaz was formerly employed as broadcaster in a local radio. Initial police investigations, according to Superintendent Anacleto Limbo, chief of police of Tacloban City, have revealed that the attack on Diaz was “well-planned”. No substantial progress however has been made.

Although there are reports of the arrest of possible suspects, it could not be determined whether this was directly related to Diaz’s killing. According to a report by Lulu Palencia, regional chairperson of the Citizens Anti-Crime Assistance Group (CAAG), when interviewed over a local radio station, a suspect named Private First Class (Pfc) Ronald Real was apprehended in Pastrana, Leyte at around 7pm on July 6. Pfc Real is reportedly attached to the 34th Infantry Battalion, Philippine Army in San Jorge, Western Samar. It was the group of Senior Superintendent Sabanal, head of the Pastrana Police Station, and his men who arrested him at a police checkpoint.

Pfc Real is said to be a resident of Jaro, Leyte. According to police investigations, Pfc Real reportedly claimed to be on a mission to arrest a crime suspect who had a reward of five million pesos on his head. Pfc Real denied any involvement in Diaz’s killing. Lulu Palencia said that it has yet to be investigated whether Pfc. Real is involved in the killing. At the time of his arrest, he was riding a motorcycle without a license plate number.

It was also Lulu Palencia who divulged that they received information that Diaz’s colleague, Ricky Palencia, secretary-general of COURAGE-EV, is also reportedly being targeted following several threats made on his life.

The police have already formed “Task Force Pax Diaz”, a special investigating unit that will handle the case. It is composed of the Regional Intelligence and Investigation Division (RIID), the assistant regional director of the Philippine National Police (PNP), Teodorico Lapuz, Leyte Provincial Police Office (PPO), Tacloban City Police Station (TCPO) and other intelligence units of the PNP.  The police however, refused to divulge leads or motives they are pursuing regarding Diaz’s case, as it would jeopardise their investigation. The task force on Diaz is yet another created by the police that usually fail to reach any conclusive findings.

ADDITIONAL INFORMATION:

The killing of Paquito Diaz is yet another incident of violence and extra-judicial killings targeting activists, human rights defenders and religious leaders in Central Philippines--the Visayas.

On 18 February 2005, Fr. Allan Caparro and his wife Aileen also survived attempts on their lives when they were shot by unidentified men riding on a motorcycle in the vicinity of Barangay (village) Tagabaca, Abuyog, Leyte. The attack was apparently an attempt to silence Fr. Caparro for ‘exposing and opposing the militarisation in the Northern and Western Samar due to numerous atrocities committed by military in the area' (please see: UA-30-2005).

On 14 March 2005, lawyer Felidito Dacut was shot dead by two unidentified gunmen after leaving a consultation meeting at Yao-Ka-Sin Compound, Old Road, Sagkahan District, Tacloban City (please see: UP-29-2005). Dacut and his companion were on their way downtown onboard a public utility vehicle. While inside, Dacut was shot in the back by gunmen riding on another motorcycle apparently tailing them.

On 12 May 2005 at around 5:30pm, Rev. Edison Lapuz was shot dead by unidentified gunmen while attending to the burial rites of his father-in-law in San Isidro, Leyte. The shooting also injured Alfredo Malinao, a barangay official, who was also in the area at the time of the shooting (please see: UP-59-2005).

On 1 September 2005, another human rights lawyer, Norman Bocar, was shot dead by two unidentified gunmen in Borongan, Eastern Samar, Visayas. It was reported that Bocar was coming out from a meeting when shot in the head by his attackers riding on a motorcycle. Bocar was regional chairman of Bayan (New Patriotic Alliance), a human rights group, at the time of his death (please see: UP-106-2005)

On 25 November 2005, Emmylou and her husband Daniel survived an attempt on their lives. They had just finished conducting a seminar on human rights in Sitio of Punta when attacked by gunmen believed to be military agents. The seminar was part of the preparation for the celebration of human rights day on December 10. The couple has been involved in monitoring the situation of returning evacuees who were displaced by fighting between military and the rebels at the time of incident (please see: UP-146-2005)


SUGGESTED ACTION:
Please write letters to concerned agencies requesting for an impartial and effective investigation into the killing of Paquito H. Diaz. Those who witnessed the killing and his relatives must be afforded with appropriate security and protection to ensure their safety. The Department of Justice (DoJ) must consider them as beneficiary to the Witness Protection, Security and Benefit Act (RA 6981) to ensure their full cooperation to effectively prosecute the perpetrators. As to whether the arrested suspect, Private First Class (Pfc) Ronald Real, was involved in the killing must be thoroughly looked into. Any investigation to be conducted must be conclusive and effective to ensure that those prosecuted are real perpetrators. Diaz’s colleague, Ricky Palencia, who is facing serious threats on his life, must also be afforded with protection. To provide him protection is essential in preventing possible attacks on him.

To support this appeal, please click: 

Suggested letter:

Dear ________,

PHILIPPINES: Activist shot dead in front of his relatives; another activist faces serious threats on his life in Tacloban City

Name of victim: Paquito H. Diaz (a.k.a. Pax), 44-years-old, a resident of No. 173 Esperas Avenue, Barangay (village) 54, Tacloban City. He was the regional chairperson of the Confederation for Unity, Recognition and Advancement of Government Employees (COURAGE-EV)
Name of alleged perpetrators: Two gunmen riding on a motorcycle XRM model type. Both are medium build and were wearing white t-shirts and jeans at the time of incident.  The driver wore a baseball cap while his companion was hooded with a black bonnet covered with a safety helmet.
Place of incident: At the eastern edge of the pavement about five metres outside his house at the same address
Date of incident: 6 July 2006 at around 6:30pm 
Name of activist facing repeated threats: Ricky Palencia, secretary-general of COURAGE-EV

It has come to my attention that another activist, Paquito H. Diaz, was killed on July 6 while his companion, Ricky Palencia, faces serious threats on his life. Diaz was talking to his relatives along a sidewalk in Esperas Avenue, Tacloban City, when attacked by two gunmen riding on a motorcycle. Initial police investigations disclosed that the attack on him was “well planned”. Diaz was declared dead on arrival when taken to a nearby hospital. He suffered a fatal gunshot wound to his chest that pierced his heart, and was also shot in the head.

His companion, Palencia, was reported to have been the next target by the unknown perpetrators. Palencia has since received threats on his life. The threat made on Palencia was similar to Diaz prior to his death. It is reported that Diaz had been receiving serious threats on his life via his mobile phone, according to his friends. Owing to this, I am deeply concerned by the absence of protection and security to Palencia.

I am aware that following Diaz’s killing, the Pastrana Police Station arrested a person whom they suspect could have been involved in the killing. He was identified as Private First Class (Pfc) Ronald Real of the 34th Infantry Battalion, Philippine Army in San Jorge, Western Samar. While I appreciate the progress made in this case, I am deeply concerned over allegations of the insufficiency of evidence to charge the suspect with the killing. I urge the police investigators instead to conduct a thorough investigation to determine whether or not he had any involvement. I am deeply concerned that unless this is ensured, the real perpetrators may escape any responsibility.

While I appreciate the creation of “Task Force Pax Diaz”, a special investigating established unit to investigate this case, I have high reservations surrounding how the unit will perform its duties. I am aware of a number of task forces the Philippine National Police (PNP) have created to investigate the relentless killings of activists and human rights defenders in the Visayas. Most of these task forces, however, have been unable to reach any conclusive findings. No perpetrators have been charged in court and most of the cases remain unsolved. I urge the police to exercise sincerity and commitment and to effectively investigate these cases in order to identify, arrest and prosecute the perpetrators.

I request the Department of Justice (DoJ) to closely coordinate with the relatives of the dead and other potential witnesses to Diaz’s killing and to consider them as a beneficiary to the Witness Protection, Security and Benefit Act (RA 6981). To afford them with security and protection will ensure their full cooperation in any investigation. Those who could also help in the process of the investigation, in particular Diaz’s friends whom he confided that he had been receiving threats on his life, must also be actively be involved.

Finally, I express my extreme disappointment at the government’s inability to yet again stop extra-judicial killings of activists, human rights defenders, religious leaders and journalists in the Philippines. Unless the government, in particular the Philippine National Police (PNP) and the Department of Justice (DoJ) exhaust all means possible to effectively address these killings, fears over possibilities of further attacks remain inevitable--in a country where the rule of law has completely collapsed.

I trust that you will take practical and effective steps in this case without delay.

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@yahoo.com

2. 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

3. Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763
Email: pcrg@pnp.gov.ph  or ias@pnp.gov.ph

4. Mr. Paquito Nacino
Regional Director
Commission on Human Rights (CHR VIII)
3rd Floor, R. Yu Salazar Annex Bldg.
Salazar Street, Tacloban City
Philippines
Telefax: +63 053 321 3396

5. Mr. Ronaldo V. Puno
Secretary
Department of Interior and Local Government (DILG)
A. Francisco Gold Condominium II
EDSA cor. Mapagmahal St., Diliman
Quezon City
PHILIPPINES
Voice: +63 2 925 0330 / 31
Fax: +63 2 925 0332
Email: rvpuno@dilg.gov.ph

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

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

8. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-254-2006
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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.