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PHILIPPINES: Gruesome killing of another activist; another one survives attack

October 23, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

24 October 2006
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UA-347-2006: PHILIPPINES: Gruesome killing of another activist; another one survives attack

PHILIPPINES: Extra-judicial killings; systemic perpetration of extra-judicial killings; a need for impartial investigation; violence against activists; impunity; collapse of the rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) deeply regrets to inform you about the killing of another activist and the attempted murder of his companion in Barangay (village) Soledad, San Pablo City, Laguna on October 18, 2006. Eduardo Millares (50), who was an active member of an urban poor group named Samahan ng Magkakapitbahay sa Tabing-Riles (SMTR-Association of Neighbours along the Railroad) was murdered, while his companion Victoriano Cariño (42) who was also shot, survived the attack. The SMTR is a local chapter of a national group Kalipunan ng Damayang Mahihirap (Kadamay-Timog Katagalugan).

According to a report from the Center for Trade Union and Human Rights (CTUHR), a labour and human rights organisation, the victims were on their way to work at a nearby coconut plantation when an unidentified gunman attacked them at 7:00am near a Barangay Hall. Millares died instantly from four gunshot wounds to his body and head. The impact of the bullet was so severe that it shattered his brain as he fell to the ground. Cariño survived the attack but suffered a gunshot wound to his right leg. Witnesses said the killer escaped on board a motorcycle with two unidentified male companions.

As usual, before a thorough investigation could be complete, the police investigators in San Pablo City Police Office (SPCPO) had already rejected the suggestion by human rights groups that the killing of Millares could be politically motivated or had connections to his activities with the urban poor. The police insist gang members may have killed Millares and claim that he was an alleged member of a robbery syndicate.  They also claim that he had several criminal records at the city’s police station.
 
Kadamay believe that the attack could be related to the opposition by local residents, including the two victims, over the government's strategy of introducing the PNR (Philippine National Railways) Modernization Plan of railways. The plan threatens to demolish local houses and will eventually displace residents. The group claims that the killing is another example of the horrific harassment that the community’s residents must regularly face.

Two months prior to the killing, elements of 202nd Infantry Battalion (IB) of the Philippine Army, led by Sergeant Victor Reyes, set up their detachments in the communities along the railways in San Antonio, Santa Ana, San Gregorio, San Joaquin, Soledad, Calehan and Wawa, which are all in San Pablo City. They conducted operations and implemented a curfew. On October 17, the SMTR-Kadamay held a dialogue with the city government and representatives of 202nd IB. The villagers complained about the continuous military surveillance, intimidation and harassment of the residents in the area.

It was learned during the dialogue that the local government had not been informed of the presence of the military in their jurisdiction. But at least two officials, Vice-Mayor Larry Vidal and Councillor Martin Ilagan, have expressed their support for the military’s continuous presence in the communities.

SUGGESTED ACTION:
Please send letters to concerned agencies requesting them to conduct a fresh and thorough investigation into the killing of Eduardo Millares and the wounding of his companion Victoriano Cariño. The allegations made by the community group that the victims have been involved with must be seriously considered in the investigation.

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Sample letter:

Dear ____________,

PHILIPPINES: Gruesome killing of another activist; another one survives attack

Name of victim killed: Eduardo Millares (50), an active member of an urban poor group Samahan ng Magkakapitbahay sa Tabing Riles (SMTR-Association of Neighbours along the Railroad).
Name of victim wounded: Victoriano Cariño, also a member of SMTR.
Alleged perpetrator: Unidentified armed man
Place of incident: Near a Barangay (village) hall in Soledad, San Pablo City, Laguna
Date of incident: at around 7am on October 18, 2006

I am writing to voice my deep concern regarding the killing of another activist, Eduardo Millares, and the attempted murder of his companion Victoriano Cariño, in Barangay (village) Soledad, San Pablo City on October 18, 2006.

I have learned that Millares and Cariño were on their way to work when an unidentified gunman attacked them at close range at 7:00am near a Barangay Hall. Millares died instantly from four gunshot wounds to his body and head. The impact of the bullet was so severe that it shattered his brain as he fell to the ground. Cariño survived the attack but suffered a gunshot wound to his right leg. Witnesses said the killer escaped on board a motorcycle with two unidentified male companions.

I am aware that even before the investigators of the San Pablo City Police Office (SPCPO) concluded a thorough investigation into the incident, they had already rejected suggestions by the victims’ colleagues and human rights groups that the killing could be politically motivated. They likewise dismissed claims it could be related to the victims’ strong opposition to the development of railway projects in the area, which threatens displacement of urban poor villagers.

I have learned that the victims, being members of an urban poor group Samahan ng Magkakapitbahay sa Tabing Riles (SMTR-Association of Neighbours along the Railroad), had long been opposing the railway modernization projects in the area. Prior to the attack, there had been incidents of harassment, intimidation and surveillance to villagers critical of the railway project allegedly by elements from the 202nd Infantry Battalion, Philippine Army.

While I acknowledge the effort by the police to have this case investigated, I am deeply concerned that any investigation it has conducted may have not been conclusive. I am extremely disappointed by the police’ action of flatly rejecting suggestions and claims by the victim’s colleagues and human rights group as to the motives of the killing without conducting further investigation on the matter. I therefore urge you to ensure that a fresh investigation is conducted to look into these allegations.

I am also extremely disappointed in the police investigators usual practice of quickly rejecting suggestions on cases of extra-judicial killings. I believe that any victim, in particular of extra-judicial killings, deserves to have their case thoroughly investigated. This is completely essential in the effective prosecution of the perpetrators.

I look forward to hearing about your urgent intervention on this matter.


Yours sincerely,

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PLEASE SEND YOUR LETTER TO:

1. Director General Oscar Calderon
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 

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

3. 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
Fax: +63 2 929 0102
Email: drpvq@yahoo.com      

4. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Attn: Melinda Ching Simon
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)
 
5. 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-347-2006
Countries :
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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.