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UPDATE (Philippines): Office of the Ombudsman for the Military and Other Law Enforcement Offices begins investigation into cases of torture, activists' killings and concerns on witness protection

February 1, 2006

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

1 February 2006

[Re: UA-251-2005: Brutal torture of a 25-year-old man over mistaken identity in General Santos City, Mindanao; UP-156-2005: Unabated killing of activists; killing and threats against witnesses exposes the country’s defective witness protection programme
UP-158-2005: Two more activists killed, one of whom suffered twenty-two gunshot wounds; UP-160-2005: Armed men kill female activist in Bataan, Luzon; victim’s colleagues faces serious threat]
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UP-014-2006: PHILIPPINES: Office of the Ombudsman for the Military and Other Law Enforcement Offices begins investigation into cases of torture, activists’ killings and concerns on witness protection

PHILIPPINES: Human rights defenders; Extra-judicial killings; Witness protection; Torture; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) is pleased to inform you that the Office of the Ombudsman for the Military and Other Law Enforcement Offices begins its investigations into three cases which involve the torture of Haron Abubakar Buisan (UA-251-2005); the unabated killing of activists; killing and threats against witnesses (UP-156-2005); the killing of activists Jose Manegdeg III and Albert Terredano (UP-158-2005); and Cathy Alcantara (UP-160-2005).

In a letter dated 10 January 2006 addressed to the AHRC, Mr Orlando Casimiro, deputy ombudsman, assured the AHRC that the Fact Finding Investigation Bureau of his office would conduct an appropriate fact finding investigation following their receipt of AHRC’s appeals requesting for their intervention.

While the AHRC welcomes this development, we retain some level of concern regarding the manner of usual investigations being conducted by the authorities. The AHRC has previously experienced that the investigations on activists’ killing have not reached conclusive findings and the recommendations were not seriously taken. (Please see our previous appeals: UP-75-2005; UP-70-2005). They have also not involved the families of the dead in the process of their investigation.

Additionally, there is also a need for the authorities to respond to the plight of torture victim Haron Abubakar Buisan with urgency. The Ombudsman for the Military and Other Law Enforcement Offices should be informed that Buisan has not been afforded adequate medical attention and rehabilitation while in detention. Even though the Commission on Human Rights (CHR) in General Santos City has commenced its investigation, no further efforts were made to ensure his physical and mental recovery. (Please see: UP-007-2006). It was also learned that the injuries on Buisan’s face were still visible when he attended a court hearing on January 13.

Meanwhile, the concerned authorities must consider affording protection to potential witnesses in the cases of Jose Manegdeg III, Albert Terredano and Cathy Alcantara. The families of the dead must also be ensured of their protection while the investigation and prosecution of the cases are in process.

Please write a letter to the Ombudsman for the Military and Other Law Enforcement Offices to ensure that it will exhaust appropriate means in the conduct of their investigation into the cases mentioned above. There should be a performance pledge to ensure the promptness in completing the investigation; there should be conclusive findings to ensure an effective prosecution of the cases; and any recommendations must be taken seriously.

Finally, please urge the concerned authorities to ensure that torture victim Haron Abubakar Buisan is afforded with medical attention without delay. The policemen concerned in General Santos City must also be suspended from their duties once the investigation commences to ensure impartiality.

Urgent Appeals Programme
Asian Human Rights Commission
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Suggested letter:

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

Dear Mr. Casimiro,

Re: PHILIPPINES: Office of the Ombudsman for the Military and Other Law Enforcement Offices begins investigation into cases of torture, activists’ killings and concerns on witness protection

I welcome the news that the Fact Finding Investigation Bureau of your office will be conducting an investigation into the alleged torture of Haron Abubakar Buisan; the unabated killing of activists; the killing of and threats against witnesses; and the killing of activists Jose Manegdeg III, Albert Terredano and Cathy Alcantara.

While this development is very much appreciated, I retain some level of concern  regarding the manner of usual investigations being conducted by the authorities.

I am aware that in most previous investigations the authorities have failed to reach conclusive findings and even though recommendations were made, they were not seriously acted upon. The concerned authorities have also not involved the families of the dead in the process of their investigation.

I would also like to bring to your notice that torture victim Haron Abubakar Buisan, who is presently detained at the General Santos City Reformatory Center in Barangay Lanton, General Santos City, has not been afforded adequate medical attention and rehabilitation to ensure his full recovery. Although the Commission on Human Rights (CHR) has conducted its investigation on this case, no further efforts were made to ensure the victim’s full physical and mental recovery. It is reported that injuries on Buisan’s face were still visible when he attended a court hearing on January 13.

Additionally, I urge your office to ensure that potential witnesses and the families of murdered activists Jose Manegdeg III, Albert Terredano and Cathy Alcantara are afforded with adequate protection. Ensuring their security and protection is a precondition in the effective prosecution of perpetrators. I am deeply concerned by the government’s inadequate action to ensure an effective and functioning witness protection programme in the county.

Further, I urge your office to involve the victims and families of the dead in these particular cases in the process of your investigation. They must be properly informed regarding any progress in relation to their case.

I trust that you will take appropriate and immediate action on these matters.

Yours sincerely,


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PLEASE SEND COPIES TO:

1. 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
Fax: +63 2 929-0102
Email: drpvq@chr.gov.ph

2. P/DIR Gen. Arturo Lumibao
Chief, Philippine National Police (PNP)
Camp Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763

3. Mrs. Gloria Macapagal-Arroyo
President
Republic of the Philippines
Malacañang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Tel No: +63 2 735 6201 / 564 1451 to 80
Fax: +63 2 736 1010

4. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org

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 (general)
Email: lventre@ohchr.org


Thank You


Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Update
Document ID :
UP-014-2006
Countries :
Issues :
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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.