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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-347-2006
ISSUES: Human rights defenders,

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 : Philippines,
Campaigns : Stop extra-judicial killings in the Philippines
Issues : Human rights defenders,