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PHILIPPINES: Two more activists killed; missing activist found dead

September 10, 2006

[NOTICE: The AHRC have developed a new automatic letter-sending system using the "button" below. However, in this appeal, we could not include e-mail addresses of some of the Philippine authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Philippine authorities are attached below with this appeal. Thank you.]

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

11 September 2006
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UA-300-2006: PHILIPPINES: Two more activists killed; missing activist found dead

PHILIPPINES: Extra-judicial killings; forced abduction and disappearance; inadequate police investigation; a need for impartial investigation; witness protection; violence against activists and their families; complete collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) writes with extreme shock regarding the killing of two more activists in separate incidents on September 4 and 7 in the Philippines.  The AHRC also learned that an activist, Napoleon Bautista, whom we reported to have been abducted and subsequently disappeared on August 30 (for detail see: UA-295-2006) was found dead on September 7, eight days after the incident.

Two activists Ranbert Placencia (a.k.a. Alvin) of Mawab, Compostela Valley and Victor Olayvar (41) of Danao, Bohol were killed on September 4 and 7, respectively.

According to a report from Karapatan (Alliance for the Advancement of Peoples' Rights) -Southern Mindanao region, Placencia was on his way to work on his motorcycle when seven unidentified armed men, wearing fatigue uniforms, blocked his way along Purok 8, Sta. Monica, Nuevo Iloco on 4 September 2006. The gunmen were pointing their firearms at him while he was being questioned about his identity. One of the armed men hooded with a bonnet and armed with an UZI machine pistol and a .45 caliber pistol, searched for the victim's mobile phone in his pocket and seized his bag.

One of the witnesses heard a confrontation between the victim and his attacker prior to the shooting incident. One of the armed men was reported to have said, "Ikaw ang nagbabag sa pagkuha og mina sa tunnel sa San Isidro (you were the one who prevented the mining activity in San Isidro!)". Placencia tried to reason it out saying: "dili man sir, kabubut-on man sa katawhan (it's the people's will!)."  Soon after the confrontation, several rounds of gunshot were heard. Witnesses saw the gunmen shooting at Placencia using their UZIs, a caliber .45 pistol, an M14 Armalite, a garand rifle and an M203 (HPR). The gunmen immediately fled toward Nuevo Iloco. Placencia suffered nine gunshot wounds to his chest and head.

At the time of his death, Placencia was the chairman of their community in Purok 9A San Isidro, Nuevo Iloco; the Municipal Coordinator of a political party Anak Pawis Party; Nuevo Iloco Farmers Association (NIFA) Chairman and a Council member of Nagkahiusang Mag-uuma sa Mawab (NAMAMA). Placencia was also employed with the National Irrigation Administration (NIA).

In another case, the activist Olayvar (to see the victim's photo, please click: PHOTO 1) was shot dead at around 7:25am on 7 September 2006 by gunmen riding on a motorcycle at Bridge Caban, Barangay (village) Cantubod, Danao. Olayvar was onboard a passenger motorcycle on his way to Tagbilaran City after concluding a meeting with his colleagues in Danao when he was attacked.

According to a report from Karapatan-Bohol Chapter, two persons riding on another motorcycle reportedly blocked the passenger motorcycle Olayvar was riding on. One of the gunmen repeatedly shot him at close range. The driver of passenger motorcycle immediately reported the incident to a police office at 7:30am. His wife Maria Elena, and their 5 children ages from three months to 12 years old survived the victim.
 
Prior to the shooting incident, Olayvar had been reportedly receiving threats to his life. After having received such information, Olayvar's group immediately informed the local officials and leader of Bagong Alyansang Makabayan (Bayan) and their affiliates abroad. This also prompted Bohol Bishop Leopoldo Tumulak to organize a dialogue between Olayvar's group and representatives from the 302nd Brigade, Philippine Army based in Bohol.

On September 2, Bishop Leopoldo Tumulak and Governor Erico Aumentado of Bohol convened a Local Peace Forum. The dialogue was convened to respond to complaints of Bayan and its allied organizations over an alleged hit list the military is holding that includes four names of their leaders including Olayvar, and two other unnamed persons, they also discussed the death threats and surveillance of its leaders and black propaganda against their group.

It is reported that leaders of Bayan and a farmer's group Hugpong sa mga Mag-uumang Bol-anon (HUMABOL/ Bohol Peasant Organization) in the region have noticed unidentified men riding on non-plated DT and/or improvised motorcycles and white vans, wearing bonnets and asking for their whereabouts. Those facing threats include Olayvar; William Boybanting and Felipeneri Bejasa, HUMABOL's Chairperson and Vice-Chairperson respectively, and Tomasa Santos, Chairperson of HUMABOL's municipal chapter.

At the time of his death, Olayvar was an active leader of Bagong Alyansang Makabayan or Bayan-Bohol. He was also the former president HUMABOL/ Bohol Peasant Organisation from 1997 to 2000. It is reported that Olayvar was alleged to have been targeted by the military in Bohol. Olayvar was one of the five local leaders who had allegedly been threatened by elements of 302nd Brigade for sometime.

In March 7 this year, activist Nestor Arinque (39), also the chair of the Hugpong sa mga Mag-uuma sa Mabini (United Peasants in Mabini) in Mabini, Bohol was killed by three gunmen riding on a motorcycle. He was together with his wife when he was attack. (Please see for details: UA-101-2006). Prior to his death, Arinque had been 'invited' by the military, but he refused to appear before their detachment in Sitio Mahayag. On one occasion, the military spoke to him and tried to discourage him from being involved in the peasant cause. Instead of heeding their warnings, however, Arinque engaged in an argument with them and as a result of this, it is alleged that he had been included in the military's Order of Battle (OB).

In another case, dead body of Bautista (48) was found in Barangay (village) Pungo, Calumpit, Bulacan. His hands were tied with wire and his feet had torture marks. He suffered two gunshot wounds to his head and back. It will be recalled that Bautista was forcibly abducted together with his wife, Ofelia, on August 30. Although Ofelia had been released, her husband had since disappeared until his body was found. Bautista was amongst those who survived a bloody Mendiola massacre in 1987. In that incident, government forces open fired at a crowd of peasants and protesters killing several of them while they were holding protest actions demanding for genuine land reform.

On the other hand, it is reported that when Bautista and his wife Ofelia were abducted, Ofelia too was allegedly tortured while in their captor's custody. She was also questioned about her husband's alleged involvement with the New People's Army (NPA). Although she was released later, her husband was not.

SUGGESTED ACTION:
Please write letters to concerned agencies listed below requesting for an impartial and effective investigation into Ranbert Placencia and Victor Olayvar killings. Allegations over possible involvement by the military on Olayvar's death must be looked into. On the other hand, witnesses into Placencia's case must be afforded with adequate protection and security. Their security is essential for their full cooperation in the investigations. All means must be exhausted to determine the identities of those responsible into Napoleon Bautista's abduction and killings. To ensure this, Bautista's wife, Ofelia, must also be afforded adequate security and safety. Ofelia's testimony is essential for the prosecution of the perpetrators.

To support this appeal, please click:

Suggested letter:

Dear __________,

PHILIPPINES: Two more activists killed; missing activist found dead

CASE 1:
Name of victim killed: Ranbert Placencia (a.k.a. Alvin) of Mawab, Compostela Valley
Alleged perpetrators: Seven armed men riding on a motorcycle
Place of incident: Purok 8, Sta. Monica, Nuevo Iloco, Mawab, Compostela Valley
Date of incident: September 4, 2006

CASE 2:
Name of victim killed: Victor Olayvar (41) of Danao, Bohol
Alleged perpetrators: Gunmen riding on motorcycle. Other possible perpetrators are allegedly elements of the 302nd Brigade, Philippine Army based in Bohol.
Place of incident: Bridge Caban, Barangay (village) Cantubod, Danao
Date of incident: September 7, 2006

CASE 3: (updated information)
Name of disappeared victim found dead: Napoleon Bautista. He was found dead on September 7, 2006, eight days following his abduction.
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 write once again to draw your attention to the killing of two more activists, namely Ranbert Placencia (a.k.a. Alvin) of Mawab, Compostela Valley and Victor Olayvar (41) of Danao, Bohol on September 4 and 7, respectively. I have also learned that another activist, Napoleon Bautista, who was reported to have been forcibly abducted and disappeared, was found dead on September 7, eight days after the incident.

Once again, I am extremely shocked of these continuing attacks against activists.

I have learned that activist Placencia was brutally killed by attackers riding on motorcycle, hooded with bonnets and armed with high-powered firearms. Although the perpetrators have yet to be identified, there are indications that the killing had connection to Placencia's active involvement in his community, in particular the operation of a local mining industry in the area.

I am deeply concerned, however, that despite this information coming out the witnesses to the incident may not fully cooperate with the investigation as they too may be at risk. I therefore urge you to "afford without delay security and protection to witnesses" essential to this case. Their cooperation in the investigation and prosecution of this case is very essential. I have been repeatedly asking the intervention of the Department of Justice (DoJ) on cases similar to that of Placencia where witnesses requires security and protection, but they have since been failing to respond to this objective.

The killing of Placencia also seemed to have similar pattern to Olayvar's death. Gunmen riding on motorcycles too killed him while he was riding on another passenger motorcycle. I have learned that Olayvar had just concluded a meeting with his colleagues in Danao, Bohol, and was on his way to Tagbilaran City when he was attacked. I have also learned as Olayvar had been receiving threats on his life prior to his killing.

I am extremely disappointed at yet another failure by the concerned authorities to afford adequate security and protection to Olayvar that could have prevented this incident. I am aware that Olayvar's case is one of the many cases of activist facing threats and subsequently been killed without having been afforded adequate protection. In March 7 this year, activist Nestor Arinque of Mabini, Bohol was also killed. He too has had threats on his life and was reported to have been included in the military's list of targets.

In another case, I have also learned that an activist, Napoleon Bautista, who was reported to have been abducted and subsequently disappeared on August 30, has already been found dead. Bautista's dead body was found in Calumpit, Bulacan. It has traces of torture marks; his hands were tied and had two gunshots wounds to his head and back of his body. It is believed that he had been shot at close range.

As you are aware, Bautista was first abducted together with his wife Ofelia at a fishpond in Hagonoy, Bulacan on August 30. Although Ofelia was released, she was alleged to have been brutally tortured by her captors. She too was questioned of her husband's involvement with a rebel group--New People's Army--before having her released. I therefore urged you to exhaust all means to determine the identities of the perpetrators of this incident. Given the situation, it is necessary that Ofelia and her family be afforded with adequate security and protection to ensure their full cooperation in this case.

I trust that you will take adequate and effective action in these cases.


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. Dr. 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

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

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

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 

7.   Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)


Thank you.

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

    

Document Type :
Urgent Appeal Case
Document ID :
UA-300-2006
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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.