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UPDATE (Philippines): Activist couple survives attempt on their life in Cebu, Visayas

November 28, 2005

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

28 November 2005

[RE: UA-30-2005: PHILIPPINES: Attempt on the life of human rights advocate and his wife in Abuyog, Leyte, Philippines]
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UP-146-2005: PHILIPPINES: Activist couple survives attempt on their life in Cebu, Visayas

PHILIPPINES: Human rights defenders; police inaction; impunity; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of yet another incident involving an attack against human rights activists in Visayas, Philippines. On 25 November 2005, activist couple, Daniel Brylle Cruz and his wife Emmylou Buñi survived an attempt on their life after they were fired upon by armed men believed to be military intelligence agents attached to the 78th Infantry Battalion, of the Philippine Army.

A report from KARAPATAN (Alliance for the Advancement of Peoples Rights), a human rights organisation based in Manila, revealed that Daniel and Emmylou were shot while walking near a highway in Sitio Punta, Barangay 8, Tuburan, Cebu. Emmylou was hit in the chest but was later declared out of danger. The couple had just finished conducting a human rights seminar as part of its preparation for the December 10 human rights day when the incident took place.

It was reported that there was an alleged cover-up and improper handling by the police investigators handling this case. It was learned that Police Inspector Crisanto Duque, Chief of Tuburan police, did not initiate any effort to pursue Ritchel Buhawi, who is the caretaker of a resort house where the soldiers who may have perpetrated the attack may have stayed. Reports said Buhawi may have information about the attack and might be able to identify the perpetrators.

Reports said Buhawi had already left the area together with the soldiers attached to the 78th Infantry Battalion (IB) hours after the attack on the couple. It was learned that Inspector Duque was reportedly reluctant to consider the information provided to him by human rights groups working on the case to help the investigation. He also rejected the request by the victims to provide them with a cartographic artist in order to sketch the attackers.

The attack on the couple is yet another incident of violence against human rights activists in Visayas, Philippines. On 18 February 2005, an activist couple, Fr. Allan Caparro and his wife Aileen also survived an attempt on their life (please see further UA-30-2005).  The AHRC reiterates daily its serious concern regarding the frightening incidents of extra-judicial killings and violence against activist in the Philippines (please see further UP-143-2005; AS-109-2005).

Your strong intervention is needed to ensure that an impartial and independent investigation is conducted into this case. The policemen investigating the case, in particular Police Inspector Crisanto Duque, Chief of Tuburan Police, must be required to stand down in his duties, if the allegations of a cover-up and improper handling are found true. An inquiry must also be conducted into the actions of those responsible to properly investigate this case. The victims must be afforded with immediate medical assistance and compensation.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victims: Emmylou Buñi-Cruz (25) and her husband, Daniel Brylle (34). The couple has two children. Emmylou is a staff member of KARAPATAN-Central Visayas while Daniel is an organiser of Bayan Muna - Cebu
Place of incident: Sitio Punta, Barangay 8, Tuburan, Cebu
Date of incident: 25 November 2005
Alleged perpetrators: Three suspected intelligence agents of the 78th Infantry Battalion, Philippine Army, under the command of Lt. Col. Jessie Alvarez. 

Case details:

On 25 November 2005 at around 4:00pm, Emmylou and her husband Daniel had just finished conducting a human rights seminar at the coastal Sitio of Punta, about seven kilometers from the town centre. The seminar was part of the preparation for the celebration of human rights day on December 10. They were also monitoring the present situation of the returning evacuees who evacuated after the fighting between the military and rebels on 15 October 2005.

On their way back they trekked the same road they used in entering the area by passing through the resort house of Tuburan Councilor Roy Tabotabo.  Five soldiers attached to the 78th IB had been staying in the house for almost a month.

As they come close to the national highway, two motorcycles passed ahead of them.  There were two persons onboard the first motorcycle, including the driver, while the second motorcycle had only the driver. The first motorcycle then turned around in the direction of the victims, while the other continued on and parked a further 20 meters ahead.

As the first motorcycle come close to the victims, about two metres away, Daniel noticed that the rider positioned his right arm in an angle that seemed to be pulling out something.  Daniel also noticed the driver as he was covering his face with a handkerchief.

At this time, Daniel saw the muzzle of a 9mm pistol aimed towards him and Emmylou being held by the person riding at the back of the driver. Daniel then stepped backwards pulling Emmylou with him. The gun then fired, hitting Emmylou on the right side of her chest, exiting just below her right armpit.

Daniel immediately pulled Emmylou back to the houses from where they had come. They asked for help from residents who were watching a basketball match. The residents accompanied the two victims along the coast and out onto the highway where they boarded a passenger motorcycle and headed for a hospital.

At about 10:00pm Emmylou was taken by an ambulance to the Vicente Sotto Memorial Medical Center in Cebu City. She was accompanied by her colleagues in KARAPATAN-Cebu North Area. The Municipal Mayor of Tuburan also sent them with four police escorts from the Regional Mobile Group (RMG) led by P03 Raul Janetro. Emmylou was declared out of danger shortly thereafter.

A police blotter regarding the incident was filed by the victims with the municipal police. They are still waiting for the names of the soldiers whom they know by face before filing charges against them.

According to the latest information, the chief of the Tuburan police, Inspector Crisanto Duque, has shown little effort to pursue Ritchel Buhawi, a caretaker at a resort house in Sitio Punta, Brgy. 8, Tuburan where soldiers attached to the 78th Infantry Battalion have stayed since 24 October 2005. The same soldiers were accused by the couple of attacking them.

It was learned that Inspector Duque did not summon Mr Buhawi for questioning even though there is a strong possibility he could be a source of information on the identities of the 78th IB soldiers whom he had served for a month. Inspector Duque also did not invite Buhawi's employer, Councilor Roy Tabotabo, who owned the resort house Buhawi worked in, and may have been able to assist the investigations.

It was established from the residents in the area that Mr Buhawi took flight along with the 78th IB soldiers less than three hours after the attack on Emmylou and Daniel took place.

According to KARAPATAN, they have been providing Inspector Duque with leads to help the police investigation, but the police chief seemed to be contented only with visiting the site. Inspector Duque also rejected the request from the victims to provide them with a cartographic artist in order to sketch the attackers, together with a police line up of the attackers; thus, obstructing the investigation.

Additional information:

After that encounter between the government soldiers belonging to the 78th Infantry Battalion of the Philippine Army's Re-engineered Special Operations Team and the New Peoples Army (NPA) rebels last October 15, government troops increased their deployment, stepped up pursuit operations against the rebels, set up check-points and imposed curfews in the area.

They also converted the barangay (community) hall, day-care centre and multi-purpose hall into a barracks. The terrorised citizens had nowhere to go but leave their homes. KARAPATAN-Central Visayas conducted a fact-finding mission on October 17 and 18, where it documented some 49 families with 109 individuals who are victims of displacement in the area.

Three cases of violation of domicile, three cases of divestment of property and five cases of harassment against the residents were also reported in that town. The evacuees were only able to return to their homes last October 24.


SUGGESTED ACTION:

Please send a letter to the heads of the Philippine National Police (PNP), Ombudsman for Military and the Commission on Human Rights (CHR) requiring them to intervene to ensure that an impartial investigation is conducted on the case. Please also ask the chief of the PNP to take appropriate action and inquiry against the chief of the Tuburan Police, Police Inspector Crisanto Duque and his men over allegations of a cover-up and improper handling into the case.


Suggested letter:


Dear __________,

Re: PHILIPPINES: Activist couple survives attempt on their life in Cebu, Visayas

Name of the victims: Emmylou Buñi-Cruz (25) and Daniel Brylle (34). The couple has two children. Emmylou is a staff member of KARAPATAN-Central Visayas while Daniel is an organiser of Bayan Muna - Cebu
Place of incident: Sitio Punta, Barangay 8, Tuburan, Cebu, Philippines
Date of incident: 25 November 2005
Alleged perpetrators: Three alleged intelligence agents of the 78th Infantry Battalion under the command of Lt. Col. Jessie Alvarez. 

I am shocked to learn about yet another incident involving the attempt on the life of human rights and political activist in your country. I have learned that activist couple, Emmylou Buñi-Cruz and her husband Daniel Brylle were the victims of an attack on 25 November 2005 in Tuburan, Cebu.

According to the information I have received, Emmylou and Daniel were walking near a highway in Barangay 8, Tuburan, Cebu after they had conducted a seminar on human rights and an evaluation on the present condition of returning evacuees in the area when they were attacked. The alleged perpetrators, who are believed to be military intelligence agents attached to the 78th Infantry Battalion (IB), were riding on two separate motorcycles when they shot at them. Emmylou suffered a gunshot wound to her chest that exited through her armpit.

The couple managed to run for safety and later sought medical attention. The alleged perpetrators were reportedly able to escape. I have learned since the incident, that the investigators handling the case, in particular the chief of police of the Tuburan police station, Police Inspector. Crisanto Duque, has done little to prosecute the perpetrators and was alleged to be obstructing the investigations.

Reports said Inspector Duque did not even summon for an inquiry Ritchel Buhawi, a care taker at the resort in Sitio Punta, Brgy. 8, Tuburan where soldiers had been staying prior to the incident. Inspector Duque has also rejected information provided to him by the victim’s colleagues to help the investigation. He also denied the victim’s request to provide them with a cartographic artist in order to sketch the perpetrators.

I strongly urge you to ensure that an independent and impartial investigation be conducted into this case. The police investigators involved must be required to stand down from the investigation if the allegations of obstruction and improper handling of the case are found true. I also ask the Philippine government to afford immediate medical assistance and protection to the victims.

I am deeply concerned by the government’s failure to properly handle the situation of the unrestrained violence against activists. The unabated attacks and violence against activists strongly demonstrate the government’s inadequate action in this matter and the collapse of rule of law. The attacks completely undermine the democratic freedom and the right to life of the Filipinos stipulated in the 1987 Philippine Constitution, and several international human rights instruments to which the government is state party.

I trust that your intervention on this case will be forthcoming.

Yours sincerely,


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PLEASE 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. 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

3. 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

4. Mrs. Gloria Macapagal-Arroyo
President of the Republic of the Philippines
Malacanang Palace,
JP Laurel St., San Miguel
Manila
PHILIPPINES
Fax: +63 2 742-1641 / 929-3968
E-mail: opnet@ops.gov.ph

5. Secretary Avelino J. Cruz Jr.
Department of National Defense
Room 301 DND Bldg.,
Camp Emilio Aguinaldo
E. de los Santos Avenue, Quezon City
PHILIPPINES
Fax: +63 2911 6213
Email: osnd@philonline.com

6. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Att: Ben Majekodunmi
Room 1-040, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006
E-mail: bmajekodunmi@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Update
Document ID :
UP-146-2005
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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.