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PHILIPPINES: Killing of three more persons in Negros Occidental; one victim's body mutilated and sexual organ severed

October 24, 2007

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

25 October 2007
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UA-307-2007: PHILIPPINES: Killing of three more persons in Negros Occidental; one victim's body mutilated and sexual organ severed

PHILIPPINES: Extrajudicial killings; impunity; no investigation; no rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) deeply regrets to inform you of the extrajudicial killings of three activists in separate incidents in August and October 2007 in Negros Occidental, the latest in an ongoing series. Two victims: Rodrigo Siacor and Antonio Mercado were shot dead in separate incidents; Siacor front of his son and Mercado in a public place by armed groups. Those responsible in killing Siacor are an armed group who are affiliated with the government's security forces. The third victim, Alano Clerigo, was found dead, his body severely mutilated and his sexual organ cut off after he was taken in for questioning by members of a government militia.

CASE DETAILS: (Based on information from Alliance for the Advancement of People's Rights (Karapatan))

CASE 1: Shot in front of his 10-year-old son

On 8 August 2007, at around 5pm, three men arrived looking for Rodrigo Siacor (a.k.a. Bador) at his place of residence. They asked his wife, who was at home, whether he was around. Thinking that they were her husband's friends, she told the ten-year-old son to inform his father that somebody was looking for him. Before her son left she noticed another man who remained outside their house just observing her and his three companions as they were talking inside the house.

She later identified the said person as Lando Baynosa. Baynosa is believed to be a member of Revolutionary Proletarian Army-Alex Boncayao Brigade (RPA-ABB).

The RPA-ABB is a former rebel group who had entered a peace agreement with the government. The government's security forces - police and military - have been involving them in their operations against the illegal drugs and criminal activities. In doing so, they are also allowed to carry firearms and conduct surveillance operations for the government. They also receive training from the military.

There are allegations that they are acting as private security escorts for influential landlords in the province. In April 2006, land reform activist Rico Adeva was also killed by men who were later identified as members of this group. For more information, please see UA-130-2006.

When the boy left to get his father, the three men followed him. They met Bador at a charcoal pit where he was packing charcoal. They first confirmed his identity and then shot him three times in front of his son. The three men and their companion, Baynosa, immediately ran away after the incident.

Bador was a member of a political party Anakpawis.

CASE 2: Corpse found severely mutilated and sexual organ cutoff

At round 4pm on 10 October 2007, Alano Clerigo was tending his cow when he was picked up by two armed men, one of whom was identified as Silvestry Abiso, a member of a government militia. He was seen being taken by his brother and two other neighbours. As they thought he would not be harmed his brother did not inform their parents about the incident.

Alano however failed to return home later that evening night prompting his family and neighbors to look for him the following day. As they were searching the vicinity where he was last seen, they were confronted by a team of 16 soldiers attached to the Task Group North and Abiso. They emerged from a sugarcane field. When they informed them that they were looking for Alano, the soldiers told them to discuss the matter with Barangay (village) chairperson Ernesto Baynosa.

They too asked for a copy of the victim's picture and had supposedly offered to help them in looking for him. However, the presence of the soldiers in the area, and their offer to help, raised suspicion amongst the victim's relatives and their companions. Together with some village officers, they retraced the direction in which Abiso and his companions were seen taking Alano the previous day.

In a bush close to where the victim was last seen taken, the group found a freshly dug hole covered with soil about 150 meters away from where the victim's house is located. When they uncovered the hole they found Alano's gruesome remains. The corpse was severely mutilated and bore multiple contusions and burns, his mouth was stuffed with plastic, and the head was wrapped with a plastic bag. His sexual organ had been severed and it was clearly that he was brutally tortured before being killed.

It has been reported that the military had suspected the victim of supporting a rebel group, the New People's Army (NPA). Prior to the incident, on September 10, an encounter between the military and the rebel group took place close to the victim's house.

At the time he was killed, Alano and his fellow villagers in their community were in the process of forming an association to affiliate with the Kilusang Magbubukid ng Pilipinas (KMP). The KMP is a national alliance of organizations of farmers and fisher folks.

CASE 3: Shot while driving motorcycle rickshaw

At around 10am on 13 October 2007, Antonio Mercado was driving his motorcycle three-wheeler in Purok Malinawon Poblacion, Municipality of Toboso, Negros Occidental. Two men, wearing camouflage shorts and balaclavas, shot him as they came close to him on their Honda motorcycle. The gunman used a 45 caliber pistol and the victim died instantly.

At the time of his death, he was the chairperson of the local chapter of the National Federation of Sugar Workers Food and General Trade (NFSW-FGT) in Barangay Salamangka. Their organization advocates for the rights and welfare of sugarcane workers by demanding an improved wages, adequate benefits, medical services, and for the distribution of farm lots. The NFSW is affiliated with the Kilusang Mayo Uno (KMU) "First of May Movement", a national alliance of labour organizations.

SUGGESTED ACTION:
Please write letters to the concerned government agencies requesting for a credible investigation that would ensure effective prosecution of perpetrators. Appropriate compensation and assistance must also be afforded to the victims' families and witnesses, in particular those facing serious risks to their lives.

To support this appeal, please click here:

Sample letter:

Dear _____________,

PHILIPPINES: Killing of three more activist; one corpse found mutilated and sex organ cutoff

CASE 1:
Name of the victim: Rodrigo Siacor (a.k.a. Bador), 39 years old, a member of a political party Anakpawis "Toiling Masses", a resident of Sitio Makatagal, Barangay (village) Cambayubo, Calatrava, Negros Occidental
Alleged perpetrators: Lando Baynosa and three other persons attached to an armed group Revolutionary Proletarian Army-Alex Boncayao Brigade (RPA-ABB)
Place of incident: Sitio (subsection of a village) Makatagal, Barangay Cambayubo, Calatrava
Date of incident: At around 6pm on 8 August 2007

CASE 2:
Name of the victim: Alano Clerigo, 34 years old, farmer, supporter for the Kilusang Magbubukid ng Pilipinas (KMP) "Philippine Peasant Movement"
Alleged perpetrators:  Silvestry Abiso, a member of the SCAA (Special CAFGU [Civilian Auxiliary Geographical Unit] Active Auxiliary) and soldiers attached to the Task Group North headed by Colonel Felicisimo Budyungan
Place of incident: Sitio Lagoc, Barangay Menchaca, Calatrava
Date of incident: At around 4pm on 10 October 2007

CASE 3:
Name of the victim: Antonio Mercado, 54 years old, a motorcycle rickshaw driver, married with children, a resident of Barangay Salamanca, Toboso; chairperson of the National Federation of Sugar Workers Food and General Trade (NFSW-FGT) in Barangay Salamangka
Alleged perpetrators: Two men wearing balaclavas and camouflage shorts riding on a motorcycle
Place of incident: Purok (a sub-subsection of village) Malinawon Poblacion, Toboso, Negros Occidental
Date of incident: At around 10am on 13 October 2007

I am writing to express my grave concern and demanding immediate action regarding the killing of three more activists whose names are mentioned above in Negros Occidental.

I have learned that on August 8 Rodrigo Siacor was shot dead at his house in the municipality of Calatrava in front of his 10-year-old son. One of the gunmen's companions, Lando Baynosa, is said to be a member of an armed group affiliated with the security forces, Revolutionary Proletarian Army-Alex Boncayao Brigade (RPA-ABB). I am deeply concerned by the atrocities of this group and the continued failure by the authorities to act on them.

The other victim, Antonio Mercado was shot dead on October 13 by unknown persons while driving his motorcycle three-wheeler in the municipality of Toboso. Mercado was the chairperson of a group of sugar cane workers at the time of his death. He and his group have struggle for their improved salary and benefits of the sugar cane workers.

The third victim, Alano Clerigo, was found dead in the municipality of Calatrava a day after he was taken on October 10 by a member of a government militia, Silvestry Abiso, and his companion. I am informed that the victim had been falsely accused of supporting a rebel group. His corpse was found buried in a freshly dug hole. It was severely mutilated and bore multiple contusions and burns. His mouth was stuffed with plastic and head wrapped with plastic bag. His sexual organ had been severed. The manner in which he was murdered was brutal and gruesome which indicates he was tortured before he was killed.

I urge you to ensure that effective investigations are conducted into the murders of Siacor and Mercado. Appropriate charges must be filed against Baynosa and his companion who are responsible in the murder of Siacor. It must also be looked into as to whether or not their actions had the complicity of the security forces. I am aware that Baynosa's group have had affiliation with the security forces and been involved in some of their operations. I am deeply concerned over reports that this group are in fact been allowed to carry firearms and carry out police duties without sufficient control of their actions to prevent their possible excesses.

Those who perpetrated the murder of Mercado must also be identified and charged.

Furthermore, those involved in gruesome murder of Clerigo must be effectively investigated by a credible body. The militia and military men, particularly Abiso, responsible in taking him into their custody must be investigated to answer the allegations against them. They must be held to account. The victim's brother and other witnesses to the incident must also be promptly afforded with adequate protection. I am extremely disappointed by the repeated failure by the concerned authorities on matter involving provision of protection to witness which eventually results to the lack of progress of the case.

Please also ensure that the victims' families are also afforded with adequate and necessary assistance and compensation. It is unacceptable that relatives of the victims of extrajudicial killings have so far not been able to receive any assistance from the government. I am aware that in previous cases, the victims' relatives and families are themselves had to take this matter upon themselves given the lack of intervention by the authorities.

I am aware of the continuing targeted attacks of the activists. However, it is disappointing that the actions taken by the government remains inadequate. I am deeply concerned that the continuing attacks on activist had been embolden and aggravated by the failure to hold the perpetrators accountable. A large number of extrajudicial killings remain unsolved and perpetrators unpunished. Apart from this, the victim's families and relatives have routinely been denied any protection or assistance.

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

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mrs. Gloria Macapagal-Arroyo
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80

2. Mrs. 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

3. Deputy Director General Avelino Razon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2 726 4361/4366/8763
Fax: +63 2724 8763
Email: bluetree73@gmail.com

4. Solicitor General Agnes Devanadera
Officer in Charge
Department of Justice (DoJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
Email: agnesdeva@yahoo.com

5. Mrs. Esperanza I. Cabral
Secretary
Department of Social Welfare and Development
3/F DSWD Building, Batasang Pambansa Complex,
Constitution Hills
Quezon City
PHILIPPINES
Tel: +63 2 931 7916 / 931 8068
Fax: +63 2 931 8191
Email: eicabral@dswd.gov.ph 

6. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Room 3-016
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXTRAJUDICIAL KILLINGS)

7. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Room 1-040
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-307-2007
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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.