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UPDATE (Philippines): Fabricated charges filed against wounded labour leader

May 8, 2006

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

8 May 2006

[RE: UA-142-2006: PHILIPPINES: Labour leader survives ambush by police in Imus, Cavite]
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UP-098-2006: PHILIPPINES: Fabricated charges filed against wounded labour leader

PHILIPPINES: Violence against activists; violation of labour rights; filing of fabricated charges
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that Gerardo Cristobal, a labour leader who survived an attempt on his life on 28 April 2006, is reported to have been falsely charged with frustrated and attempted murder by the police. It is reported that Superintendent Efren Castro, Imus police chief, filed the charge insisting that it was his men, Senior Police Officer 1 (SPO1) Romeo Lara, the chief of the intelligence division of his Office, and two of his companions who were ambushed by Cristobal, which was contrary to Cristobal’s account of the incident.

One count of frustrated murder and two counts of attempted murder were reported to have been filed against Cristobal before the Office of the Provincial Prosecutor in Imus, Cavite on April 28. (Please see our previous appeal to read the background of the case: UA-142-2006). Superintendent Castro has claimed that SPO1 Lara and his companions were on their way to an anti-illegal drugs operation when the shooting took place.

When Cristobal was interviewed on 29 April at the San Juan de Dios Hospital in Paranaque City where he was confined, he denied the policemen’s claim it was him who ambushed them. Cristobal said he was waiting for Juliet Tayoto (contrary to a previous report that she was with him in a car) inside his car parked at a roadside Barangay (village) Anabu Coastal, when another car passed by and started shooting from his left. Tayoto is a worker who had earlier asked to meet him. Cristobal was already wounded but managed to shoot at his fleeing attackers using his license firearm, 9mm. The gunmen’s car rammed into the roadside. His attackers alighted from the car, approached closer to his car and opened fire at the windshield. The attackers, who were later identified as SPO1 Lara, Nick Diaz and a civilian asset, were reportedly seen hooded with bonnets coming out of their car shooting at Cristobal’s car.

A few minutes later, SPO1 Lara was taken by his companions to a nearby Our Lady of Pillar Hospital in Imus, Cavite in a taxicab, while Cristobal was then taken by a motorcycle driver known to him back to his house. Cristobal was later taken to the same hospital where his attackers were found also confined. While they were at the emergency room, a reliable source said Larry Reyes, the head of the Civilian Security Unit (CSU) in the Province, was seen attending to SP01 Lara. Cristobal was suspecting that Reyes could also be among those gunmen who attacked him. Prior to the incident, Cristobal had already received threats on his life from Reyes. It is reported that SPO1 Lara died later that day.

At the time of incident, Cristobal was supposed to have met Juliet Tayoto to seek help from the authorities in General Trias, in Cavite, to effect the arrest of Alberto Ronquillo, another labour leader whom Tayoto charged for acts of lasciviousness. Ronquillo and Cristobal had already figured in the conflict in connection with the labour union leadership in the EMI (EDS Manufacturing Incorporated) Yazaki, a car accessories factory in Imus, Cavite. It is not immediately known whether Ronquillo had any involvement in the attack made on Cristobal.

On April 29 several policemen were seen deployed outside Cristobal’s hospital room at the San Juan de Dios Hospital. The policemen’s presence, however, caused deep concern among Cristobal and his relatives who were attending to him at the hospital. Cristobal raised his concern as to whether the police’s presence would be helpful or not for his security.

SUGGESTED ACTION:

Please write letters to the concerned government agencies listed below requesting to conduct an impartial and immediate investigation into the allegations of both parties. If charges against Cristobal are found fabricated and there is no sufficient evidence to charge him in court, they must be dismissed without delay. Appropriate protection and security by government agencies concerned must also be afforded to him. He must likewise be reimbursed of all the medical expenses he incurred at the hospital. Those policemen and members of the CSU involved must be investigated to answer to the allegations made against them.

Suggested letter:

Dear _________,

PHILIPPINES: Fabricated charges filed against wounded labour leader

Name of wounded labour leader: Gerardo Cristobal (35), a resident of Barangay (village) Malagasang 2nd, Imus, Cavite
Names of alleged perpetrators: Senior Police Officer 1 (SPO1) Romeo Lara, Chief of the police intelligence office in Imus, Cavite; Larry Reyes of Civil Security Unit (SCU), Nick Diaz and one person whose name is not yet identified.
Place of incident: Barangay (village) Anabu, Coastal, Imus, Cavite
Date and time of incident: 28 April 2006 at around 6am

It has come to my attention that Gerardo Cristobal, a labour leader who survived an attempt on his life in an ambush by police on 28 April 2006 in Imus, Cavite, has been falsely charged with frustrated murder and murder before the Office of the Provincial Prosecutor. I have learned that Cristobal was charged with one count of frustrated murder and two counts of attempted murder by the local police in Imus.

While I acknowledged the right of the police to file charges in court, I am deeply concerned that the charges against Cristobal may be fabricated. I am aware that the case was filed before the prosecutor’s office the same day the shooting took place and in the absence of further investigations. The impartiality of the Imus police who conducted the investigation and filed the charges in this case is also questionable. I am aware that the policemen involved, namely SPO1 Romeo Lara and his companions, are also attached to the Imus Police.

I am aware of Cristobal’s allegation that it was SP01 Lara and two of his companions who made an attempt on his life when they ambushed him while inside his car parked at a roadside in Barangay (village) Anabu Coastal, Imus. I am deeply concerned that Cristobal’s allegations have not been properly and effectively investigated, and instead the policemen filed the charges in the absence of an adequate and impartial investigation. I am deeply concerned by the possibility that the Imus Police could be arbitrarily using their authority to cover up the wrong doings of their fellow policemen by exploiting and manipulating the case.

Therefore, I urge you to ensure that an impartial and immediate investigation is conducted regarding the allegations of both parties--to establish who were responsible for the attack. It is necessary that the investigation of this case be handed over to a competent investigating unit, either by the head office of the Philippine National Police (PNP) or the National Bureau of Investigation (NBI), to ensure impartiality. The policemen involved in Imus, Cavite, including the superior, must also be investigated to answer to the allegations made against them. It must be determined whether Superintendent Efren Castro, Imus police chief, holds a degree of responsibility for the actions of his men.

If the charges against Cristobal, which were filed before the Office of the Provincial Prosecutor are found to be fabricated and there is no sufficient evidence against him, they must be dismissed without delay. Appropriate criminal and administrative charges must be filed against the policemen involved if the allegations against them are found to be true. Immediate sanctions must also be imposed once the investigation commences to ensure the impartiality of the investigation.

Additionally, I urge you to consider Cristobal and his family as beneficiaries to the Witness Protection, Security and Benefit Act (RA 6981) without delay. Their security is essential to effectively prosecuting the alleged perpetrators in court. I am deeply concerned by the inadequate security provided to the victim and his family. I am aware that although policemen are present at the hospital where he is confined, I have learned that their objective does not conform to providing him with security, but rather to secure him over the possibility that he would escape on the basis that he was responsible for the ambush. Furthermore, I request that Cristobal be reimbursed his medical expenses. His full recovery must be ensured.

I trust that you will take action in this case.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

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

2. 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

3. 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

4. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
Email: sechbp@infocom.com.ph

5. 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

6. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Attn: Melinda Ching Simon
Room 1-040
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
E-mail: MChingSimon@ohchr.org

7. Mr. Paul Hunt
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
Switzerland
Fax: +41 22 917 90 06
E-mail: urgent-action@ohchr.org


Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
UP-098-2006
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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.