UPDATE(Philippines): More activists and widows helping victims facing threats in separate incidents

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

6 November 2007
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UA-147-2007: PHILIPPINES: More activists and widows helping victims facing threats in separate incidents

PHILIPPINES: Human rights defender; lack of protection; absence of rule of law; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed of continuing threats made on human rights activists and widows of activists who are helping victims. On November 2, activist Olivia Bernardo was followed and photographed by an unknown person while her colleague Mary Guy Portajada started receiving threatening messages on her mobile. In another incident the widows of murdered activists, Hilda Orpilla and Natividad Battad, have also been threatened by members of the paramilitary following their husbands' murder early this year.

CASE DETAILS: (Based on the information received from the Alliance for the Advancement of People's Rights (Karapatan))

CASE 1:
On November 2, between 4:45pm to 5pm, Olivia Bernardo was riding in a passenger utility jeepney on her way home. The jeepney she was riding in had stopped on traffic at the corner of East Avenue and V. Luna Street in Quezon City, Metro Manila. While seated beside the driver, a man riding in a motorcycle which had no license plate number, stopped close to her. His presence there had caught Olivia's attention when he angrily yelled at her: "Masyado kang nakikialam!" (You're meddling too much!).

Shortly, the man pulled his camera out and took a photograph of her before leaving towards the direction of Epifano De Los Santos (EDSA) Avenue.

Olivia heads the Services Desk of Karapatan.  Her desk is responsible for organizing Quick Reaction Teams (QRTs) and Fact Finding Missions (FFMs) on cases involving enforced disappearances. Visiting headquarters and camps of security forces in each case of disappearances reported to them is also part of her routine work. She is also involved in taking legal action and remedies for victims of human rights violations, particularly in filing petitions for writ of habeas corpus and amparo. For further discussion regarding the writ of amparo please read: AHRC-AS-236-2007; AHRC-PL-047-2007.

She is also involved in coordinating with other institutions and organizations that would provide psychosocial assistance and sanctuaries to families and relatives of victims of enforced disappearances and witnesses.  Her desk is also in charge in looking after the welfare of the political prisoners and the progress of their cases. They also respond to other welfare needs of victims of human rights violations.

In another incident, it was around 7:10pm on the same day when Mary Guy Portajada had received an SMS message containing threats to her life from a mobile phone number +63 9168397804. The message, written in Tagalog was read: "HANAPIN NINYO SA IMPIYERNO ANG MGA KALULUWANG HINAHANAP HUWAG NA KAYO MAGPAPOGI SA MEDIA KAW NA ANG SUSUNOD." (Search the souls you're looking for in hell. Quit preening before the media you're next)

The AHRC dialed the phone number which sent a threatening message but it could no longer be contacted.

Earlier that day, at around 10am, Olivia and Mary Guy had led the annual activity of the Desaparecidos which is scheduled every November 2 at the Redemptorist Church in Baclaran, Paranaque City. The purpose of the activity is to remember and pay tribute to victims of enforced disappearances

Mary Guy is the daughter of Armando Portajada, a labor leader who was also a victim of enforced disappearance who has not been seen since 31 July 1987. Desaparecidos is a member organization of Karapatan. It is composed of families and relatives of victims of enforced disappearances aimed at organizing and mobilizing the families and relatives in searching for the victims and to seek justice for them.

CASE 2:
Hilda Orpilla and Natividad Battad started receiving threats in April and May 2007 respectively following the murder of their husband.

Arthur and Dionisio, husbands of Hilda and Natividad respectively, have been taken for questioning at the camp of the 17th Infantry Battalion, Philippine Army days before they were found dead. They were last seen alive on March 27 when Dionisio went to Arthur's house asking the latter to accompany him to the soldier's camp. The soldiers' camp is located few meters away from Arthur's house. Arthur's presence was sought by Dionisio because he was also a village council member in their community.

Arthur and Dionisio have been subjected to questioning by elements of the soldiers over suspicions that one of them had replaced the position of Joey Javier, provincial chairman of the Alyansa iti Mannalon iti Cagayan (Kaguimungan) or Peasant Alliance of Cagayan, who had been murdered on 11 November 2006. Dionisio had been required to report to the soldier's camp, at least twice a day, by a sergeant Orpilla, who had been questioning him.

From the time they were last seen the two have failed to return home with their families. Arthur and Dionisio's corpses were later found mutilated on March 28 and April 4 respectively. The gravity of injuries their bodies had sustained indicates that they have been made to suffer and brutally tortured before they were killed. Those responsible for their murder have so far never been identified nor prosecuted.

Following the burial of Arthur on April 12, Hilda reported that every time she goes out of their house she noticed that her neighbours, particularly Joey Domingo, Lorenzo Ramos (a.k.a. Kabug) and Juling Domingo, have started conducting surveillance on her. The three men have been reportedly recruited by the same soldiers as their intelligence agents in the community.

The three men were often seen drinking with the soldiers attached to the 17th Infantry Battalion. On one occasion, Hilda had overheard one of them, Joey, as saying: "if these women would not stop, they will be next." The threat Hilda had overheard left her in constant fear for her and her family's safety, particularly since her husband was murdered not so long ago.

In another incident, sometime in May, Natividad has been informed that the same intelligence agents have also threatened to kill her entire family members if they would report who are responsible for the murder of her husband, Dionisio. The threats on her came as she and Hilda were processing documents seeking financial assistance that would be submitted to the Commission on Human Rights (CHR). The said agents had been overheard to have said, "she (Natividad) would be next because she is an officer of Gabriela (a political party for women) and that she is recruiting members for the organization." 

Both Hilda and Natividad are also members of Kaguimungan. The group has been labeled by the government's security forces as front organizations of the communist party and its illegal armed group. The continuing threats made on the widows have further aggravated their difficulty to support their families as they have to support them on their own following the death of their husbands.

ADDITIONAL INFORMATION:

Incidents of activists and families of murdered activist being threatened and subjected to surveillance have since been continuously taking place in recent times. This illustrates the gravity of the extent of insecurity these persons have been facing there. As we reported in our previous appeals, even though the concerned authorities, particularly the police, have been properly informed of each of these incidents no adequate actions have so far been taken by them to ensure their safety and welfare.

In August, we reported that soldiers were spying on and harassing student activists and campus journalists in two universities in Metro Manila. The soldiers covertly took photographs and video recordings of several student activists inside the campus as they hold their activities and demonstrations. The students' groups were also vilified as "terrorist fronts" and "enemies of the state" by the soldiers. Please read for details: UA-264-2007

In September, the wife and children of murdered activist Jose Manegdeg III (a.k.a. Pepe) also failed to get any protection despite facing continuous threats on their lives. They have been forced to take security measures by themselves for nearly two years on. The murder complaint filed against a military captain who had killed Jose has also been dismissed by the prosecutor for lack of evidence and because the witness, who could have supposedly identify the perpetrator, withdrew his statement for fear of his life. Please read for details: UP-116-2007; UP-139-2007; AHRC-OL-029-2007.

You can also read the reflection of Jose's wife, Florence, regarding the condition of her family have had to face: Shattered Lives

Also in the same month, four activists, two of them were reported by us to have already been threatened a year ago, were kept under surveillance by unidentified men in Angeles City. They had just finished a press conference to commemorate the declaration of Martial Law 35 years ago when they were followed by men who were acting suspiciously. It was the latest incident of threats and intimidation the victims had experienced. Please read for details: UP-137-2007

In October also, renewed surveillance was also carried out on a legal aid office for workers and labour organizations. Staff members of the said office once again noticed the suspicious movements of unknown persons immediately outside their office. It is the latest incident in which they have seen persons keeping them under observation. Please read for details: UA-309-2007

SUGGESTED ACTION:
Please write letters to the concerned authorities requesting them to immediately intervene to ensure the safety of these activists and widows facing threats. Appropriate legal action and sanction must be taken against the paramilitary men for threatening the widows. Those responsible of threatening two activists helping victims must also be identified by way of an effective investigation.

To support this appeal, please click here: http://www.ahrchk.net/ua/mainfile.php/2007/2649/

Sample letter:

Dear _________,

PHILIPPINES: More activists and widows helping victims facing threats in separate incidents

CASE 1:
Name of the victim:
1. Olivia Bernardo, 34 years old, single, coordinator of Karapatan Services Desk
Alleged perpetrators: a man on board a motorcycle
Place of incident: At the corner of East Avenue and V. Luna Street, Quezon City
Date and time of incident: 2 November 2007 at around 4:45pm to 5pm
Name of the victim:
2. Mary Guy Portajada, 32 years old, single, spokesperson of the Families of Desaparecidos for Justice (Desaparecidos)
Alleged perpetrators:  Mobile phone user with number +63 9168397804
Date and time of incident: 2 November 2007 at around 7:10pm
 
CASE 2:
Name of the victims:
1. Hilda Orpilla, 55 years old, farmer, widow with four children, a resident of Barangay (village) Bagunot, Baggao, Cagayan Valley, wife of murdered farmer and village council member Arthur Orpilla, member of Alyansa iti Mannalon iti Cagayan (Kaguimungan) or Peasant Alliance of Cagayan
2. Natividad Battad, 56 years old, farmer, widow with four children, a resident of Barangay Bacring Bunugan, of the same municipality, widow of murdered farmer leader Dionisio Battad, also a member of Kaguimungan
Alleged perpetrators:  Joey Domingo, a member of a paramilitary group Civilian Armed Forces Geographical Unit (Cafgu); Lorenzo Ramos (a.k.a. Kabug) and Juling Domingo, intelligence agents of the 17th Infantry Battalion, Philippine Army (IBPA)
Place of incident: Barangay Bagunot and Bacring Bunugan, Baggao, Cagayan Valley
Date of incident: Since 12 April 2007 to present

I am writing to express my grave concern of yet another incident of activists and widows whose names are mentioned above facing threats on their lives for helping victims of human rights violations.

I have been informed of the threats and harassment made on activists Olivia Bernardo and Mary Guy Portajada. On November 2, Olivia had experienced of being followed by an unidentified man riding on motorcycle. While riding in a passenger utility jeepney on her way home the unknown person had angrily yelled at her. The man's anger suggests his apparent annoyance over the victim's continued involvement in helping victims. Olivia had been actively involved in helping relatives and families of victims of disappearance. He then suddenly took photograph of her before leaving onboard his motorcycle.

On the other hand, on that day also Olivia's colleague Mary Guy had received a message containing threats on her mobile phone. The threats suggest that she would be killed next and that those disappeared persons whom they have been looking for are already in hell. Mary guy had been involved in helping families and relatives of victims of enforce disappearance into seeking legal actions and remedies.

Prior to this incident, I have also learned that widows Hilda Orpilla and Natividad Battad have also started receiving threats on their lives by a member of a paramilitary group and the intelligence agents of soldiers. Hilda's husband, Arthur, a village council member and farmer have been found dead after he was last seen accompanying Natividad's husband, Dionisio, to the soldiers' camp in March 28. His body was mutilated. A week later, the rotten corpse of Dionisio was also found. It is reported that the two were last seen alive on March 27 going to the soldier's camp were they had been subjected for questioning.

Following the two victims' murder, sometime in April Hilda had overheard one of the paramilitary men, Joey Domingo, as saying: "if these women would not stop, they will be next." The threat Hilda had overheard left her with constant fears for her life and safety particularly that her husband has just been murdered at the time. Also in May, Natividad had been informed that the same group had threatened to kill her entire family members once she continue seeking to prosecute and identify those responsible for her husband's murder. At the time, Natividad was processing documents necessary for seeking financial assistance from the Commission on Human Rights (CHR).

I am gravely concerned by the present condition and the continued lack of adequate protection to each of these victims. I am aware that these are yet another incidents wherein activists and orphaned families of murdered activists had been facing threats and subjected to surveillance, however, the concerned authorities yet again fails to ensure their safety and welfare. As you are aware, there has been a pattern that victims of extrajudicial killings have had threats made on them prior to their murder. This, however, illustrates the blatant and continued failure on the part of the authorities to protect the lives of these persons.

I therefore urge you to ensure that the government takes action in accordance with the United Nation's Declaration on Human Rights Defenders. The paramilitary men responsible in threatening Hilda and Natividad must be investigated to explain the allegations against them. If found that indeed they are responsible, appropriate legal actions and sanctions must be taken against them promptly. It is extremely disappointing that paramilitary groups and soldier's intelligence agents have had complicity in threatening these victims yet I am unaware of any actions taken against them. I also urge you to ensure the safety and welfare of these two widows and their respective families promptly.

Furthermore, I urge you to exhaust all means of effective investigation to ensure that those responsible in threatening Olivia and Mary Guy are identified and that appropriate actions are taken against them as well. I am gravely concerned that they have been targeted to prevent them from continue doing their usual work of helping victims. I urge you to also ensure their safety and welfare without delay. They must be allowed to continue their work without fear of being targeted for violence. It is disappointing that activists and human rights defenders have long been targeted yet the authorities have repeatedly failed to protect these persons.

I trust that you take prompt action in these cases.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mrs. Gloria Macapagal-Arroyo
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80
Email: corres@op.gov.ph

2. Mrs. 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@yahoo.com

3. Deputy Director General Avelino Razon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2 726 4361/4366/8763
Fax: +63 2724 8763
Email: bluetree73@gmail.com

4. Solicitor General Agnes Devanadera
Officer in Charge
Department of Justice (DoJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
Email: agnesdeva@yahoo.com

5. Mrs. Esperanza I. Cabral
Secretary
Department of Social Welfare and Development
3/F DSWD Building, Batasang Pambansa Complex,
Constitution Hills
Quezon City
PHILIPPINES
Tel: +63 2 931 7916 / 931 8068
Fax: +63 2 931 8191
Email: eicabral@dswd.gov.ph

6. Gen. Hermogenes Esperon
Chief of Staff
Armed Forces of the Philippines (AFP)
AFP-GHQ Offices, Camp Gen. Emilio Aguinaldo
Quezon City
PHILIPPINES
Tel: +63 2 911 6001 to 50
Fax: +63 2 911 6436

7. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Room 1-040
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)

Thank you.

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