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PHILIPPINES: Two more activists killed; one of six abducted activists remains missing while four remains in detention

September 6, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

7 September 2006
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UA-295-2006: PHILIPPINES: Two more activists killed; one of six abducted activists remains missing while four others remain in detention

PHILIPPINES: Extra-judicial killings; illegal arrests and detention; forced abduction and disappearance; inadequate police investigation; a need for impartial investigation; witness protection; attacks against indigenous people's group; violence against women

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Dear friends,

The Asian Human Rights Commission (AHRC) deeply regrets to inform you of further attacks against activists in separate incidents in the Philippines. Since August 30 to date, two more activists have already been killed, six were illegally arrested and subsequently detained, one of whom was released while another remains missing.

According to separate reports from the regional offices of Karapatan (Alliance for the Advacement of Peoples' Rights), activists Jovito Pinakilid (45) of Buenavista, Agusan del Norte and Candelario Magallanes Ayuda of Valencia City, Bukidnon (42) were killed on September 3 and 4, 2006, respectively.

Ayuda was a member of political party Bayan Muna. Reports said unidentified gunmen shot him dead at around 5:30 am in Valencia City. On the other hand, Pinakilid, a leader of an indigenous peoples group Pigbawangan Higaonon Pangibasok (PHP), was shot dead by four gunmen riding on motorcycles in Barangay (village) Simbalan, Buenavista at around 5pm. Pinakilid was an active advocate for indigenous peoples' rights in their community.

In an incident on August 30, 2006, a source from another human rights group--the Ecumenical Movement for Justice and Peace (EMJP)--has confirmed the abduction of Napoleon Bautista and his wife Ofelia in Hagonoy, Bulacan. The Bautista couple was forcibly abducted from a hut in Barangay San Roque. These persons were employed as watchmen of a fishpond in the area.

The Bautistas are members of Samahang Bantay Palaisdaan, a group of fisher folks. Their group is a local chapter of a national organisation of fisher folk Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya).

One of the victims, Ofelia, was released a day after they were abducted, allegedly by elements connected to the military. The whereabouts of her husband, Napoleon, remain unknown. Ofelia is reported as having been severely beaten while in her custody.  She was taken to the local Hagonoy District Hospital for treatment after her release.

At dawn on September 4, two female organizers, Aprilyn Perido (26) and Eloisa Tucay (24), were reportedly illegally arrested along Mabini Street in Cabanatuan City. They were subsequently detained and are still in custody of the Philippine National Police (PNP) Provincial Special Operations Group (PSOG) in Cabanatuan City.

According to a report from Bulatlat, an alternative news web site, Perido is an organizer of the provincial chapter of the urban poor group Kalipunan ng Damayang Mahihirap (Kadamay). Tucay is a student organizer of the Anakbayan youth group. They were arrested by members of the police in front of the Wesley Divinity Seminary School of the United Methodist Church (UMC) along Mabini Street, Cabanatuan City.

Aprilyn reportedly sent a text message at 5:45pm on September 4 to her relatives stating: "2lungan nyo kmi, knukuha kmi ng mga pulis! d2 kmi s mlpit s me Wesley divinity." (Help us, the police are taking us!  We're here near Wesley Divinity.)  She also sent message to another person which stated: "dinala po kmi d2 sa PHQ" (They brought us here to the PHQ.)

In a separate incident, on September 1, 2006, various sources reported that activists George Lavadia (32) and Sharon Abangan (33) have been illegally arrested and subsequently detained by police operatives in Talisay City, Cebu. The police accused the two of being members of the New Peoples' Army (NPA).

The statement released on September 6, by the Alyansa sa mga Mamumuo sa Sugbo-Kilusang Mayo Uno (AMA-SUGBO-KMU) claims that Abangan earns a living from fishing. She is also an active member of Panaghiusa sa Gagmay'ng Mangngisda sa Sugbo (PAMANA-Sugbo) and the Salvador Bantay Dagat Association (SBDA). She is also a campaign manager of political party Anakpawis. Lavadia is a computer graphics designer and was once a member of the AMA-Sugbo-KMU and is the former spokesperson of the Erap Resign Movement.

It is reported that the two have been held incommunicado since their arrest. Although the police at first denied having arrested these two persons, it was later confirmed that the two were being held in police custody. The PSOG then told the media that they had recovered two pistols, four mobile phones, eight SIM cards and a map of the Nueva Ecija Provincial Police Office (NEPPO) from these two persons.

There are serious doubts concerning the police's claims to have seized the afore-mentioned items from the two activists. There are allegations that the pistols, grenades, a laptop and "subversive" documents allegedly seized from them could have been planted. Furthermore, the police have claimed to the media that the two were arrested for extorting money for the New Peoples' Army rebel group. It is reported that the two victims were only surfaced three days after their arrests, having been detained incommunicado until then.

SUGGESTED ACTION:

Please write letters to concern agencies below requesting their immediate intervention. The killing of activists Jovito Pinakilid and Candelario Magallanes Ayuda must be adequately investigated. Protection must be afforded to Ofelia Bautista and that the authorities must exhaust all means to locate her husband. If there are no valid legal grounds to continue detaining them, and if the evidence against activists Aprilyn Perido, Eloisa Tucay, George Lavadia and Sharon Abangan is found to have been fabricated, they must be released immediately and unconditionally. Allegations of torture, solitary confinement and irregularities in the arrests must also be investigated and appropriately punished.

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Suggested letter:

Dear ___________,

PHILIPPINES: Two more activists killed; one of six abducted activists remains missing while four remains in detention

CASE 1: Extra-judicial killing
Name of victim killed: Candelario Magallanes Ayuda of Valencia City, Bukidnon (42), a member of a political party Bayan Muna.
Alleged perpetrators: Unidentified gunmen
Place of incident: Valencia City, Bukidnon
Date and time of incident: September 4 at around 5:30am.

CASE 2: Alleged illegal arrest and detention
Name of victims arrested:
1. Aprilyn Perido (26), an organizer for the provincial chapter of an urban poor group Kalipunan ng Damayang Mahihirap (Kadamay).
2. Eloisa Tucay (24), a student organizer for the Anakbayan youth group.
They are presently both in police custody.
Alleged perpetrators: Elements of the Philippine National Police (PNP) Provincial Special Operations Group (PSOG) based in Cabanatuan City.
Place of incident: along Mabini Street in Cabanatuan City.
Date of incident: September 4, 2006

CASE 3: Extra-judicial killing
Name of victim killed: Jovito Pinakilid (45) of Buenavista, Agusan del Norte. He was a leader for an indigenous peoples group Pigbawangan Higaonon Pangibasok (PHP).
Alleged perpetrators: four unidentified gunmen
Place of incident: Barangay (village) Simbalan, Buenavista
Date and time of incident: September 3 at around 5pm

CASE 4: Arrest and detention; alleged planting of evidence
Name of victims arrested:
1. George Lavadia (32), a computer graphics designer was previously a member of the AMA-Sugbo-KMU and the former spokesperson of the Erap Resign Movement.
2. Sharon Abangan (33), an active member of Panaghiusa sa Gagmay'ng Mangngisda sa Sugbo (PAMANA-Sugbo), Salvador Bantay Dagat Association (SBDA) and the campaign manager of the Anakpawis political party.
Alleged perpetrators: Police operatives in Talisay City, Cebu
Place of incident: Talisay City, Cebu
Date of incident: September 1, 2006

CASE 5: Forcible abduction and subsequent disappearance
Name of disappeared victim: Napoleon Bautista
Name of victim abducted but later released: Napoleon's wife Ofelia
Alleged perpetrators: forces alleged to be connected with the military
Place of incident: Hagonoy, Bulacan
Date of incident: August 30, 2006

I am writing to express my deep concern with regard to further incidents of extra-judicial killings, illegal arrests and detention, forcible abduction and subsequent disappearances that have occurred in separate incidents in the Philippines. I urge your immediate intervention to stop these targeted attacks against activists. The continuing occurrence of such human rights violations in the Philippines indicates that not enough is being done to rectify the situation.

According to information I have received, activists Jovito Pinakilid (45) of Buenavista, Agusan del Norte and Candelario Magallanes Ayuda of Valencia City, Bukidnon were killed on September 3 and 4, 2006 respectively. Pinakilid was a leader of a group advocating for indigenous peoples' (IP) rights while Ayuda was a member of the Bayan Muna political party. In both cases their attackers have not been identified. I urge you to exhaust all means to identify, arrest and prosecute the perpetrators of these killings.

In separate incidents from August 30 to September 4, six activists have been arrested, one of whom was released , while another remains missing. The four others activists, three of whom are female, remain in detention.

The disappeared victim was identified as Napoleon Bautista. Bautista was forcibly abducted along with his wife Ofelia on August 30, 2006 by armed men believed to be from the military. Both persons are members of a local fisher folk group, in Hagonoy, Bulacan. Although Ofelia was been released a day after the incident, the whereabouts of her husband remain unknown and there are grave concerns for his personal integrity. I urge you to ensure the personal integrity of Ofelia by affording her adequate protection and medical assistance for the injuries she has reportedly received, as well as to ensure that her husband is located, protected and released.

I have also learned of the alleged illegal arrest and subsequent detention of female activists Aprilyn Perido and Eloisa Tucay on September 4, 2006 on Mabini Street in Cabanatuan City. I have learned that although the policemen attached to the Provincial Special Operations Group (PSOG) in Cabanatuan City initially denied having arrested them, but later it was found that they were in their custody. I condemn the police's use of incommunicado detention, which, as a practice, presents significant risks of leading to other human rights abuses, including torture, disappearance and extra-judicial killing. Such an action constitutes violations to the rights of the detainees and the duties of the arresting officers as provided for by the Republic Act 7438.

Two other activists, George Lavadia and Sharon Abangan have also been arrested and detained, this time in Talisay City, Cebu. I have been informed that evidence may have been planted on them to motivate their arrest and detention. I urge you to ensure that an independent body investigates these allegations.

I also take this opportunity to voice my condemnation of the actions of the local police, who have paraded these two persons before the public, which violates their constitutional right to be presumed innocent. I am concerned that this will be prejudicial to them in any future trial. To parade persons in public who are only suspected of having committed a crime, without giving them the opportunity to defend themselves in a court of law, is completely unacceptable.

Therefore, I urge you to ensure that the charges against the four activists who remain in detention be dropped in the absence of valid legal grounds, and that in such a case they be unconditionally and immediately released. Allegations of irregularities by the authorities in the arrests, detention and filing of charges must also be investigated, and any arresting officers found to have committed violations under RA 7438 must be prosecuted without exception or delay.

I trust that you will take immediate and effective action concerning these matters.


Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Ms. Gloria Macapagal-Arroyo
President of the Republic
Malacanang Palace,
JP Laurel St., San Miguel
Manila, Philippines
Fax: +63 2 742-1641 / 929-3968
E-mail: corres@op.gov.ph / opnet@ops.gov.ph

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 / 927 0467
Fax: +63 2 929 0102
Email: drpvq@yahoo.com

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
Email: omb1@ombudsman.gov.ph

4. 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

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

6. 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 


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-295-2006
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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.