UPDATE (Philippines): Further witnesses in activists killing refuse to cooperate for lack of protection 

[Re: UP-158-2005: PHILIPPINES: Two more activists killed, one of whom suffered twenty-two gunshot wounds; 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]
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UP- 022-2006: PHILIPPINES: Further witnesses in activists killing refuse to cooperate for lack of protection

PHILIPPINES: Ineffective implementation of the witness protection programme; extra-judicial killings of human rights activists
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Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the case of activists Albert Terredano of Bangued, Abra and Jose Manegdeg III of Baguio City who were slain on 29 and 28 November 2005 respectively. (Please visit our previous appeals: UP-158-2005; UP-014-2006).

The AHRC is in receipt of letters dated January 12 from Police Chief Superintendent Charlemagne Alejandrino, deputy director of the Directorate for Investigation and Detective Management (DIDM) of the Philippine National Police (PNP) about the result of the police investigation into Terredano’s murder case.

In a report by the police it stated that the two gunmen into Terredano’s murder could be the same persons killed in a subsequent shooting incident on December 2 in Patucannay, Bangued, Abra. It is reported that they were killed after shooting to death Senior Police Office 1 (SP01) Efren Balaoro. The empty shells recovered during Balaoro’s shooting were submitted for ballistic examination so as to determine whether it is the same bullet used in Terredano’s murder. The result of the examination is yet to be released by Abra Crime Laboratory Field Office.

Although there are witnesses who can identify the dead bodies of the two perpetrators they have refused to give statements to the police. While the AHRC appreciates the investigation conducted by the local police, we are deeply concerned by the police’s inadequate effort to afford protection to potential witnesses. This is yet another instance where perpetrators cannot be identified and prosecuted due to the absence of witnesses. (Please visit our previous appeals:  UP-75-2005; UP-70-2005).

It is reported that Terredano’s murder could be related to a petition he and his group filed against the officials of the Abra River Irrigation Association (ARIA) over allegations of mismanagement of funds. Terredano founded and formerly headed the farmer’s association Organisasyon dagiti Nakurapay nga Umili Kadagiti Sitio (ORNUS) at the time of his death.

Meanwhile, Secretary Raul Gonzalez of the Department of Justice (DoJ) wrote in his letter dated January 23 addressed to the AHRC that he had instructed the National Bureau of Investigation (NBI) to commence an investigation into the murder of Terredano and Manegdeg. The NBI was also advised to submit their findings and recommendations thereon as soon a practicable.

The AHRC had previously called upon the government, in particular the Department of Justice (DoJ), to ensure that witnesses and the families of those killed must be afforded with protection. The DoJ is the implementing agency of the Witness Protection, Security and Benefit Act (Republic Act 6981). However, the DoJs effort to effectively implement the witness protection programme is inadequate and has fallen short of what is urgently required.

SUGGESTED ACTION:

Please write letters to the Department of Justice (DoJ) requesting them to ensure that protection is afforded to witnesses in Terredano’s murder without delay. To provide protection to witnesses and the family of the dead is a pre-condition in identifying the perpetrators and those behind the killing. Additionally, please urge the National Bureau of Investigation (NBI) to complete the investigation into the case of Terredano and Manegdeg without delay. The NBI must exhaust all means in order to reached conclusive findings on these cases.

 

 

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