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UPDATE (Philippines): A policy of killings - military linked to the execution of Pastor Sta. Rosa

September 6, 2006

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

7 September 2006

[Re: UA-274-2006: PHILIPPINES: Family members of slain church worker faces security risk]
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UP-174-2006: PHILIPPINES: A policy of killings - military linked to the execution of Pastor Sta. Rosa

PHILIPPINES: Extra-judicial killing; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information concerning the extra-judicial killing of a United Methodist Church religious worker, Pastor Isaias Sta. Rosa, who was killed on August 3, 2006. AHRC previously reported on this killing (see UA-274-2006), alleging that it was another case of killing of members of the clergy by members of the military.

Members of the clergy have been killed, along with journalists, political party members, human rights activists and members of student groups, in a spate of killings in the Philippines, which has reportedly claimed the lives of over 700 persons since 2001. The AHRC has launched an online petition to denounce these killings, which you can find here: http://www.pinoyhr.net/. There are credible grounds to suggest that most, if not all, of these killings may have been perpetrated by state-agents as part of a government and military policy to eradicate the political, leftist opposition in the country.

This case in particular clearly appears to show the involvement of the military. At around 7:30pm on August 3, 2006, armed men entered the house of Pastor Isaias's brothers, Rey and Jonathan (26). The perpetrators later went to Pastor Isaias' house taking his brothers with them. When his wife Sonia opened the door, three armed, hooded men forcibly entered the home and ordered all those inside to drop to the floor. They then grabbed Pastor Isaias, and beat him while trying to force him to admit that he was in fact a person named "Elmer" who they were searching for. Pastor Isaias denied being that person and told them to check his identification card.

Pastor Isaias then taken outside, while his family remained indoors. When his family were certain that the armed men had left, his wife Sonia rushed outside. They found the dead body of Pastor Isaias lying in a nearby creek, some 40-50 meters away from their residence in Barangay (village) Malobago, Daraga, Albay. He suffered six gunshot wounds, three of which hit his chest, two hit his thigh and another one hit his foot.

The latest information has been provided by a 12-person fact-finding mission conducted by the United Methodist Church. Evidence collected points to the Army's 9th Infantry Division (ID) as being responsible for having shot and killed the 47-year old pastor outside his house in the village of Malobago. Pastor Sta. Rosa was reportedly a member of the leftist Kilusang Magbubukid ng Bicol (Peasant Movement of Bicol).

The evidence linking the military to the killing is very strong in this case, as the body of one of the members of the group of ten masked perpetrators was found dead next to the pastor's. The local police have identified the body as being that of Corporal Lordger Pastrana. On his body were found: an identification card showing that he was a member of the 9th ID, based in Pili, Camarines Sur; a 45-caliber pistol; a cellular phone allegedly taken from Sta. Rosa's house; and a mission order dated July 22, 2006 that was signed by Major Earnest Mark Rosal of Camp Matillana, Pili, Camarines Sur.

Pastrana is believed to have been one of the gunmen, but it is thought that he was accidentally shot by his own men while they were trying to subdue a fleeing Sta. Rosa. The corporal reportedly received a bullet in the right side of his body, while the pastor died of six gunshot wounds.

The findings of the fact-finding mission, held between August 12 and 14, 2006, are expected to be handed over to the commission headed by former Supreme Court Justice Jose Melo, which is the latest body to have been tasked by President Gloria Macapagal-Arroyo with investigating the extra-judicial killings in the country following growing local and international concern and outcry. It is vital that the Melo Commission investigate these cases thoroughly and ensure that any alleged perpetrators be prosecuted and, if found guilty, receive punishment that is proportional to the crimes committed. Previous bodies and commissions set up to investigate these killings have been nothing more than smoke-screens and have failed to effectively investigate or lead to the satisfactory prosecution of alleged perpetrators. It is hoped that the Melo Commission will not replicate past failings, as it is vital that these killings stop and that the impunity for past killings be shattered.

The case of Pastor Sta. Rosa's appears to be a 'smoking gun' case, given that the body of an alleged perpetrator, who had military identification on his body as well as a mission order detailing the operation he was part of, was found next to the body of the slain religious worker.

The Asian Human Rights Commission is gravely concerned by the continuing extra-judicial killings in the Philippines and the lack of prosecutions of perpetrators and adequate reparation to the victims' families. The authorities have taken several steps to set up commissions of inquiry, but these are yet to prove their worth. The case of the killing of Pastor Sta. Rosa should be investigated thoroughly and without delay. The evidence available in this case appears sufficient to conclude that there was direct and planned involvement of the military hierarchy in this killing. The perpetrators and those persons in the military hierarchy that are linked to this killing must be prosecuted. If found guilty, they should be punished under domestic law and in line with international human rights standards. Furthermore, the authorities must be held to account for any proven involvement in this violent death and, more generally, their role in the litany of killings that have plagued the country in recent years.

SUGGESTED ACTION:

Please write letters to the concerned authorities requesting their intervention and urging them to ensure that the killing of Pastor Sta. Rosa is investigated without delay by an impartial body. This case is particularly important because it appears to show the direct involvement of the military in the killing under an operation sanctioned by the 9th Infantry Battalion's hierarchy. All those found to have directly perpetrated the killing or to be responsible for having ordered it should be prosecuted and tried before a civil court under a transparent and fair trial. If found guilty, these persons must be punished in a manner that is proportional to their crime under domestic law and in line with international human rights laws and standards. The authorities must be held to account for this and any other killings that have carried out in the Philippines.

To support this appeal please click here:

Suggested letter:

Dear ____________,

PHILIPPINES: A policy of killings - military linked to the execution of Pastor Sta. Rosa

Name of victim killed: Pastor Isaias Sta. Rosa, Barangay (village) Malobago, Daraga, Albay
Alleged perpetrators: members of the 9th Infantry Division, including Corporal Lordger Pastrana and Major Earnest Mark Rosal
Place of incident: Pastor Isaias Sta. Rosa's home, in Barangay (village) Malobago, Daraga, Albay
Date and time of incident: August 3, 2006 at around 7:30pm.

I write to you to express my grave concern with regard to the extra-judicial killing of a United Methodist Church religious worker, Pastor Isaias Sta. Rosa, who was killed on August 3, 2006.

While there have been over 700 reported killings that appear to be of a political nature in the Philippines since 2001, this case in particular clearly appears to show the involvement of the military. At around 7:30pm on August 3, 2006, armed men entered the house of Pastor Isaias's brothers, Rey and Jonathan (26). The perpetrators later went to Pastor Isaias' house taking his brothers with them. When his wife Sonia opened the door, three armed, hooded men forcibly entered the home and ordered all those inside to drop to the floor. They then grabbed Pastor Isaias, and beat him while trying to force him to admit that he was in fact a person named "Elmer" who they were searching for. Pastor Isaias denied being that person and told them to check his identification card.

Pastor Isaias then taken outside, while his family remained indoors. Soon afterwards they found his dead body lying in a nearby creek, some 40-50 meters away from their residence in Barangay (village) Malobago, Daraga, Albay. He suffered six gunshot wounds, three of which hit his chest, two hit his thigh and another one hit his foot.

The latest information has been provided by a 12-person fact-finding mission conducted by the United Methodist Church. Evidence collected points to the Army's 9th Infantry Division (ID) as being responsible for having shot and killed the 47-year old pastor outside his house in the village of Malobago. Pastor Sta. Rosa was reportedly a member of the leftist Kilusang Magbubukid ng Bicol (Peasant Movement of Bicol).

The evidence linking the military to the killing is very strong in this case, as the body of one of the members of the group of ten masked perpetrators was found dead next to the pastor's. The local police have identified the body as being that of Corporal Lordger Pastrana. On his body were found: an identification card showing that he was a member of the 9th ID, based in Pili, Camarines Sur; a 45-caliber pistol; a cellular phone allegedly taken from Sta. Rosa's house; and a mission order dated July 22, 2006 that was signed by Major Earnest Mark Rosal of Camp Matillana, Pili, Camarines Sur.

Pastrana is believed to have been one of the gunmen, but it is thought that he was accidentally shot by his own men while they were trying to subdue a fleeing Sta. Rosa. The corporal reportedly received a bullet in the right side of his body, while the pastor died of six gunshot wounds.

The findings of the fact-finding mission, held between August 12 and 14, 2006, are expected to be handed over to the commission headed by former Supreme Court Justice Jose Melo, which is the latest body to have been tasked by President Gloria Macapagal-Arroyo with investigating the extra-judicial killings in the country following growing local and international concern and outcry. It is vital that the Melo Commission investigate these cases thoroughly and ensure that any alleged perpetrators be prosecuted and, if found guilty, receive punishment that is proportional to the crimes committed. Previous bodies and commissions set up to investigate these killings have been nothing more than smoke-screens and have failed to effectively investigate or lead to the satisfactory prosecution of alleged perpetrators. It is hoped that the Melo Commission will not replicate past failings, as it is vital that these killings stop and that the impunity for past killings be shattered.

The case of Pastor Sta. Rosa's appears to be a 'smoking gun' case, given that the body of an alleged perpetrator, who had military identification on his body as well as a mission order detailing the operation he was part of, was found next to the body of the slain religious worker.

I am gravely concerned by the continuing extra-judicial killings in the Philippines and the lack of prosecutions of perpetrators and adequate reparation to the victims' families. There have been several steps to set up commissions of inquiry, but these are yet to prove their worth. I urge you to ensure that the case of the killing of Pastor Sta. Rosa is investigated thoroughly and without delay. The evidence available in this case appears sufficient to conclude that there was direct and planned involvement of the military hierarchy in this killing. The perpetrators and those persons in the military hierarchy that are linked to this killing must be prosecuted. If found guilty, they should be punished under domestic law and in line with international human rights standards. Adequate reparation must be provided to the victim's family.

I trust that you will take appropriate action concerning this case.


Yours sincerely,


-------------------------------

PLEASE SEND YOU LETTERS TO:

1. Ms. Gloria Macapagal-Arroyo
President of the Republic
Malacanang Palace,
JP Laurel St., San Miguel
Manila, Philippines
Fax: +63 2 742-1641 / 929-3968
E-mail: corres@op.gov.ph / opnet@ops.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
Fax: +63 2 926 8747
Email: omb1@ombudsman.gov.ph 

3. 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@yahoo.com 

4. Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763
Email: pcrg@pnp.gov.ph or ias@pnp.gov.ph
 
5. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
Email: sechbp@infocom.com.ph 


Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
UP-174-2006
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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.