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UPDATE (Philippines): An appeal for the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Office to act on the recommendation of the Commission on Human Rights to file murder charges against the military

June 21, 2006

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

21 June 2006

[RE: UA-216-2005: Soldiers kill nine farmers in Leyte, Visayas; UP-141-2005: Peasants were brutally massacred by soldiers; pregnant woman among the dead; UP-019-2006: PHILIPPINES: Possible irregularities in police investigation; survivor details brutal killings of peasants; UP-053-2006: PHILIPPINES: Commission on Human Rights (CHR) set to file charges against soldiers allegedly involved in killing peasants in Leyte]
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UP-129-2006: PHILIPPINES: An appeal for the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Office to act on the recommendation of the Commission on Human Rights to file murder charges against the military

PHILIPPINES: Extra-judicial execution; call for speedy disposition of cases; filing of fabricated charges; collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you about the delays in the filing of charges against four military men allegedly involved in the killing of nine farmers and wounding of ten others on 21 November 2005 in Palo, Leyte. Please read our previous appeals: UA-216-2005; UP-141-2005. On February 17, the regional office of the Commission on Human Rights (CHR VIII) filed complaints against the military men involved before the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Office. Charges of multiple murder and multiple frustrated murder have been filed by the Commission, and requested “for the institution of appropriate cases against the respondents”.

Although the Commission recommended for the filing of charges to prosecute the military men involved, no charges have yet been filed against them in proper courts. The reason as to why charges have not been filed yet is due to the delay on the part of the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices to act on the recommendations of the Commission. Under the existing procedures, the Ombudsman had to reexamine the findings made by the Commission before it could proceed to court. Once they have established the probable cause, the Ombudsman would recommend for the filing of criminal and administrative charges against the respondents in a proper court and before a quasi-judicial body.

It is reported that four months after the Commission submitted its recommendation, it is still pending and has yet to be acted upon by the Ombudsman. A reliable source has also confirmed that there has been no progress regarding the case. This is despite the repeated follow-ups made by the Commission to the Ombudsman on the case.

Meanwhile, it is reported that progress has been made regarding the government’s intervention for the families of the dead and the survivors. In a letter dated May 16 received by the AHRC from lawyer Paquito Nacino, CHR VIII regional director, it was assured they are “closely monitoring the development paces of the above cases and had recommended financial assistance to the next heirs of the deceased as well as to the surviving victims”. It is not known however whether such assistance has been received.

Nacino also added that the Integrated Bar of the Philippines (IBP) had already pledged to provide legal assistance to the victims, who are poor and unprivileged. It can be recalled that the police authorities allegedly filed fabricated charges against the victims for illegal assembly and illegal possession of firearms. Please see our previous appeal: UP-019-2006.

SUGGESTED ACTION:

Please write letters to Mr. Orlando Casimiro, Deputy Ombudsman for the Military and
Other Law Enforcement Offices, requesting him to act on this matter without delay. The Ombudsman decided on the recommendations made by the regional office of the Commission on Human Rights (CHR VIII) to file charges against the alleged perpetrators in court without delay. Please also urge the concerned agencies listed below requesting their intervention to pressure Mr. Casimiro to ensure this case is given the utmost priority.

Suggested letter:

Mr. Orlando Casimiro
Deputy Ombudsman for the Military and
Other Law Enforcement Offices
3rd Floor, Ombudsman Bldg., Agham Road
Diliman (1104) Quezon City
PHILIPPINES

Tel: +63 2 926 9032
Fax: +63 2 926 7572

Dear Mr. Casimiro,

PHILIPPINES: An appeal for the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Office to act on the recommendation of the Commission on Human Rights to file murder charges against the military

I am writing to draw your attention to the killing of nine farmers and the wounding of ten others in Palo, Leyte on 21 November 2005. I am certain that you are already familiar with the background of this case, as this has already been brought to your attention.

According to the information I have received, the Commission submitted its recommendations to your office on 17 February 2006 to file charges of multiple murder and multiple frustrated murder against the four military men involved in the November 21 incident. I have learned that the respondents were Major Lope Dagoy, 2nd Lieutenant Luel Adrian Benedicto, Sergeant Ruel Fernandez and Corporal Dioscoro Jamorawon. Major Dagoy is the commanding officer of the 19th Infantry Battalion, Philippine Army.

I have also learned that Mr. Paquito Nacino, regional director of CHR (VIII), has likewise “prayed [for] the institution of appropriate administrative cases against the respondents” in addition to the recommendations he made. Four months later, however, I believe that has been no progress made regarding the case.

I am aware that as a matter of procedure to file charges against the perpetrators in proper courts or any quasi-judicial bodies, this must be upon the approval of your office following a review – made in this case by the Commission on Human Rights. While I understand these procedures, the delay that they cause is of great concern. As the case is dragged on and justice is stalled, the families of the dead and the survivors continue to endure the feeling of insecurity and trauma as a result of the incident. For this reason it is imperative that cases are resolved as quickly as possible.

I therefore urge your office to take immediate action on the Commission’s recommendations. Should there be probable cause to file charges against the respondents it must be done and filed with a proper court without delay.

Yours sincerely,

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PLEASE ALSO SEND LETTERS 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 Lomibao
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763

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

4. Mr. Ronaldo V. Puno
Secretary
Department of Interior and Local Government (DILG)
A. Francisco Gold Condominium II
EDSA cor. Mapagmahal St., Diliman
Quezon City
PHILIPPINES
Voice: +63 2 925 0330 / 31
Fax: +63 2 925 0332
Email: rvpuno@dilg.gov.ph

5. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: lventre@ohchr.org / urgent-action@ohchr.org

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 / urgent-action@ohchr.org

9. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
Attn: Ms Vernonica Birga
Room 3-042
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
Email: vbirga@ohchr.org / urgent-action@ohchr.org (please also cc: rrico@ohchr.org)

Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
UP-129-2006
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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.