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UPDATE (Philippines): Eight falsely charged farmers acquitted; murder charges filed against several military men, police officer and others

December 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 December 2006

[RE: UA-216-2005: PHILIPPINES: Soldiers kill nine farmers in Leyte, Visayas; UP-141-2005: PHILIPPINES: 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; 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]
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UP-222-2006: PHILIPPINES: Eight falsely charged farmers acquitted; murder charges filed against several military men, police officer and others

PHILIPPINES: Extra-judicial execution; call for speedy disposition of cases; a need for security and protection to complainants; collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that murder charges have already been filed against military men, a police officer and individuals allegedly involved and conspired in the brutal murder of eight farmers, including a seven month pregnant woman, in Palo, Leyte on November 21, 2006.

The case was filed exactly one year after the brutal murders on November 21, 2005. It was also filed after the court acquitted on November 17, 2006 the other nine persons whom the military and police arrested, detained and falsely charged for illegal possession of firearms and ammunitions following the said incident. One of those acquitted, Jose Tobe, has died of mysterious circumstances while in detention.

The eight people brutally killed on November 21 last year were Eric Nogal, Ruel Obejas, Bernabe Burra Jr., Richard Tante, Jerry Almerino, Eufemia Burra, seven months pregnant Alma Bartoline and Mark Bonsa. Five of the victims died at the scene, the two female vistims were declared dead on arrival at the hospital, while another victim, Mark Bonsa, died whilst receiving medical treatment. (Read of previous appeals for details: UA-216-2005; UP-141-2005).

Previously, fabricated charges for illegal possession of firearms and ammunitions were filed against the nine victims, namely Richard Margallo, Baltazar Mardo, Ferdinand Montanejos, Artemio Amante, Eulogio Pilapil, Ronilo Orcida, Arniel Dizon, Fe Muriel Dizon-Obejas and the deceased - Joselito Tobe. The military have accused them of being members of a rebel group and have planted evidence against them. In our previous appeals, we rightly mentioned the irregularities in the conduct of the investigation and the gathering of evidence against the victims (Read our previous appeals for details: UP-019-2006)

UPDATED INFORMATION:

On November 17, although Judge Mario Nicolasaro of the Palo Municipal Trial Court already acquitted the eight respondents for the charges of illegal possession of firearms and ammunitions, the other case for illegal assembly, has not yet been resolved. The respondents posted bail for their temporary liberty and were released from Leyte Provincial Jail.

According to a reliable source from the Promotion of Church People's Response (PCPR)-Eastern Visayas Chapter, charges of multiple murder and multiple frustrated murder have already been filed with the Office of the Provincial Prosecutor, Leyte, against 12 military men, a police officer, six persons and 13 others whose names are yet to be known.

Those charged were Colonel Pedro Fernando, Commanding Officer of the 802nd Infantry Brigade, Philippine Army, stationed at Burauen, Leyte; Intelligence Officer Captain Gum-os and Captain Chanco, all are attached to 802nd Infantry Brigade, stationed at Burauen, Leyte; Lieutenant Colonel Lope Dagoy, Commanding Officer of the 19th Infantry Battalion, Philippine Army, Intelligence Officer 1Lt. Eddie Abolencia, 2Lt. Luel Adrian Benedicto, Operations Officer 1Lt. Menner Gutierrez, Corporal Dioscoro Jamorawon, Sergeant Ruel Fernandez, Private first Class (Pfc) Tarroza, Pfc. Vale and Pajarilla, all are attached to the 19th Infantry Battalion, stationed at Barangay Aguiting, Kananga, Leyte.

The 13 other unidentified assailants are all members of the 19th Infantry Battalion, Philippine Army. They were also charged for being members of the Strike Team Alpha and Strike Team Bravo during the incident on November 21, 2005.

Accusations were also placed on police officer Police Senior Inspector (PSINSP) Rito Aragon Pacanan of Palo Municipal Police Station and other persons Nestor Margallo, Roque Margallo, Sr., Arvin Margallo, Elmer Agner, all of Barangay (village) Cogon, Palo, Leyte, and Vicente Amba, Jr. and Eduardo Potente, of Barangay San Agustin, Palo, Leyte.

Murder charges were not the only charges filed against them, separate charges of serious physical injuries, robbery with violation against or intimidation against persons, incriminating innocent persons and conniving with or consenting to evasion were also filed against them. The charges of robbery were in connection with the seizure of two sacks of rice, 40 liters of gasoline, 10 kilos of brown sugar, 20 packs of coffee, 40 pieces of sundang or bolo used for farming from the victims and Php60,000.00 (USD 1,212) in cash from one of the dead victims, Alma Bartoline.

SUGGESTED ACTION:
Please write letters to the concerned agencies requesting their intervention to ensure the speedy disposition of the charges the victims filed against the military men, a police officer and other individuals involved. The security and protection of complainants must also be ensured to prevent possible attacks or violence taken against them. It is necessary that these complainants be given adequate protection until the judicial proceeding is completed.

Now that the eight falsely charged are released, appropriate compensation must be afforded to them for the undue detention they suffered inside the jail as a result of the false charges filed. An adequate investigation must also be conducted into the death of Jose Tobe, one of the accused who died of mysterious circumstances while in detention. The remaining charge of illegal assembly against the victims must be dropped without further delay.

To support this appeal, please click:

Sample letter:

Dear ___________,

PHILIPPINES: Eight falsely charged farmers acquitted; murder charges filed against several military men, police officer and others

Name of those facing charges:
1. Colonel Pedro Fernando, Commanding Officer of the 802nd Infantry Brigade, Philippine Army, stationed in Burauen, Leyte
2. Captain Gum-os, Intelligence Officer of the 802nd Infantry Brigade
3. Captain Chanco, 802nd Infantry Brigade, Philippine Army, stationed in Burauen, Leyte
4. Lieutenant Colonel Lope Dagoy, Commanding Officer of the 19th Infantry Battalion, Philippine Army, stationed at Barangay (village) Aguiting, Kananga, Leyte
5. 1Lt. Eddie Abolencia, Intelligence Officer of the 19th Infantry Battalion
6. 2Lt. Luel Adrian Benedicto of the 19th Infantry Battalion
7. 1Lt. Menner Gutierrez, Operations Officer of the 19th Infantry Battalion
8. Corporal Dioscoro Jamorawon of the 19th Infantry Battalion
9. Sergeant Ruel Fernandez of the 19th Infantry Battalion
10. Pfc. Tarroza of the 19th Infantry Battalion
11. Pfc. Vale of the 19th Infantry Battalion
12. Pajarilla of the 19th Infantry Battalion
13. Police Senior Inspector Rito Aragon Pacanan of Palo Municipal Police Station, Leyte
14. Nestor Margallo of Barangay (village) Cogon, Palo, Leyte
15. Roque Margallo, Sr. of Barangay Cogon
16. Arvin Margallo of Barangay Cogon
17. Elmer Agner of Barangay Cogon
18. Vicente Amba, Jr. of Barangay San Agustin, Palo, Leyte
19. Eduardo Potente of Barangay San Agustin
20. Thirteen John Does, all of them members of the 19th Infantry Battalion, Philippine Army

Name of the complainants:
1) Fe Muriel Obejas, 2) Grace Burra, 3) Corazon Almerino, 4) Melinda Bartoline, 5) Rosalinda Tante, 6) Gerlie Linde, 7) Arniel Dizon, 8) Eulogio Pilapil, 9) Artemio Amante, 10) Baltazar Mardo, 11) Richard Margallo, 12) Ronilo Orcida, 13) Eduardo Margallo, 14) Ferdinand Montanejos, 15) Renato Dizon, 16) Fe Dizon

Status of the case: The case was filed on November 21 and still pending before the Office of the Provincial Prosecutor, Palo, leyte.

I am writing once again to draw your attention to brutal murder of farmers in Palo, Leyte in November 21 last year. As you are aware, eight persons, including a seven-month pregnant woman were allegedly brutally murdered by the military during the said incident. Eight other persons were likewise arrested, detained and falsely charged for illegal possession of firearms and ammunitions, but were acquitted and released on November 17 by the Municipal Trial Court in Palo, Leyte.

After the victims were acquitted of the charges, I have learned that they have filed charges of multiple murder and multiple frustrated murder against the 12 military men, a police officer, six individuals and 13 others whose names are yet to be identified for allegedly involving and conspiring with each other to commit these crimes. This is in connection with the deaths of eight of the complainants' fellow farmers, some of whom were their family members and relatives.

While I appreciate the victim's acquittal from the charges, which reinforce my early concern of the possible irregularities in the conduct of arrest, detention, investigation and the filing of charges against the victims, I am deeply concerned that the remaining case regarding illegal assembly has not yet been resolved. I am aware that the court has yet to rule whether or not to acquit the victims from the remaining charges of illegal assembly. I therefore urge you to ensure the speedy disposition of the remaining case.  If there is no sufficient evidence to prosecute the victims, they must be acquitted without further delay. The victims have long suffered the consequences of the authorities' arbitrary and illegal acts, they have already been detained with false charges placed on them and they are to once again endure further trial of charges that could be false.

Now that the families of the deceased and other victims have already filed murder charges in court against the military men, a police officer and other persons with the Office of the Provincial Prosecutor in Leyte, I urge you to ensure the speedy disposition of the complaint they filed. It is essential that the respondents are indicted in court without further delay. I likewise urge you to ensure that the complainants are afforded with adequate security and protection to prevent possible attacks or atrocities taken against them by any groups.

I also urge you to ensure that those acquitted victims are afforded with adequate and appropriate compensation for the undue detention they have suffered as a result of the false charges. If the families of the dead have not been afforded with compensation and assistance yet, it must be followed up and ensured that these reach them. Although I am aware of the pledges and assurance for victims' compensation, in particular the regional office of the Commission on Human Rights (CHR), I am not aware whether or not this was actually given to them.

Finally, I urge you to consider filing of administrative charges against the military men and police officer accused in the complaint filed by the victims. It is also necessary that they be imposed with appropriate disciplinary and administrative sanctions now that the charges have already been filed against them. I am deeply concerned that the continued reporting for duty by these accused military men and police officers could have serious effects to the pending case. It must be ensured that while they are facing charges, there is no possibility for them to exploit or use their authority to intimidate, threat and use violence against the complainants.

I trust that you will take action in this case.

Yours sincerely,

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PLEASE SEND YOUR LETTER 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@yahoo.com 

2. Director General Oscar Calderon
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 

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

4. 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 

5. 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 

6. 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 

7. 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)

8. 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)


Thank you.

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



Document Type :
Urgent Appeal Update
Document ID :
UP-222-2006
Countries :
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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.