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UPDATE (Philippines): Court orders arrest of a military sergeant and his accomplices on the charges of homicide

December 19, 2006

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

19 December 2006

[RE: UA-72-2005: PHILIPPINES: Prosecutor's inaction to file murder charges against military officers who killed two people; UP-130-2006: PHILIPPINES: Court judge delays issuance of arrest warrants to military men charged with murder; UP-211-2006: PHILIPPINES: Replacement of a prosecutor required; complaint filed against a judge for grave abuse, violation of code of conduct]
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UP-233-2006: PHILIPPINES: Court orders arrest of a military sergeant and his accomplices on the charges of homicide

PHILIPPINES: Extra-judicial killings; failure of the justice system; delays in serving arrests warrants; collapse of Rule-of-Law; immediate protection to complainants required
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Dear Friends,

The Asian Human Rights Commission (AHRC) is writing to inform you of the inexcusable delays in the arrests of a senior-ranking military sergeant and his accomplices who have been implicated in the brutal murder of Bacar Japalali and his wife Carmen in September of 2004 in Tagum City, Mindanao. Even though the warrants for their arrest have already been signed and issued by the Court Judge, it has been alleged that certain Court Officers have tried to suppress the arrest warrants. To see the details of the original case, please go to: UA-72-2005. 

UPDATED INFORMATION:

According to the Task Force Detainees of the Philippines (TFDP) in Mindanao, the orders for the arrest of the accused persons were issued on 22 November 2006. Earlier on, when the TFDP and other complainants enquired about the Court's issuing of arrest warrants for the accused, they were informed that they have yet to be issued by the Court Judge. Then, on December 8, when they enquired again, they were told that the Officer-In-Charge was on leave. When another follow-up enquiry was made on December 11, they were told that the arrest warrants had already been posted to the Municipal Police office in Mawab, Compostela Valley who would then carry out the arrests. This clearly shows that despite the fact that the Court Judge issued an Arrest warrant for the accused persons, proper procedure was not followed.

The urgency in effecting arrest by the police upon orders issued by the Regional Trial Court (TRC) is crucial in ensuring that the alleged perpetrators, Sergeant Serafin Jerry Napoles and his six accomplices, all Officers of the 404th Infantry Battalion of the Philippine Army (PA) are presented before the court without delay. To date, we have been unable to establish the arrest warrants have been served to the accused persons.

On the 22 November, the charges brought against the accused before the Court was amended from murder to homicide, and the number of accused perpetrators was drastically downsized from 31 to 7 (For background of this case, please read: UA-72-2005 and UP-130-2006).

This took place on the recommendations of the Office of the Ombudsman for the Military and Other Law Enforcement Offices (MOLEO).

The issuing of the arrest warrant by the Courts took considerably longer than the normal course of procedure, as the Court was adamant that charges be filed against the full list of the 31accused Military Officers; but sadly, political interests prevailed yet again. The Court recommended bail in the amount of Php40,000.00 (USD 810).

SUGGESTED ACTION:
Please write letters to the concerned agencies asking for their immediate intervention- in particular the Department of National Defense (DND)- to ensure that the respondents are arrested and presented before the court to face the charges that have been brought against them. The Police Regional Office (PRO 11) of the Philippine National Police must also ensure that the Municipal Police in Mawab, Compostela Valley, will serve the said orders without further delay.

To support this appeal, please click:

Sample letter:

Dear __________,

PHILIPPINES: Court orders arrest of a military sergeant and his accomplices on the charges of homicide

I am writing to draw your attention to the case of a couple, Mr. Bacar Japalali and his wife, Mrs. Carmen Japalali who were brutally murdered in Tagum City in September of 2004, allegedly by elements of the Military. I am aware that you are familiar with this case, as this has been brought to your attention in the past.

I have since learned that on the 22 November 2006, the Regional Trial Court (RTC) (Branch 31) has already issued orders for the arrest of Sergeant Serafin Jerry Napoles and six of his Military accomplices, all of whom are attached to the 404th Infantry Battalion (IB), Philippine Army (PA). While I appreciate these recent developments, I am deeply concerned that this order is yet to be implemented.

I am also concerned that the issuance of these arrest warrants by the Court took place after the charges brought against the accused before the Court was amended from murder to homicide, and the number of accused perpetrators was drastically downsized from 31 to 7. The 7 officers who are charged with homicide are; Sergent Napoles and his six subordinates, namely Private (Pvt.) Sumugoy, Pvt. Sabellano, Pvt. Entero, Pvt. Araneta, Pvt. Balilihan and Pvt. Bacangoy.

I have also learned of the alleged attempts by some Court personnel to both suppress the arrest warrants and to prevent their issuing being made public knowledge. I have been informed by a most reliable source that when the Task Force Detainees of the Philippines (TFDP) and other complainants inquired about the Court orders for arrest, they were routinely lied to by Court personnel with ever-varying claims and excuses.

I am extremely disappointed by the unlawful behaviour of these court personnel. If indeed there are attempts to hide what is rightfully public information, this is a gross violation of the Philippine State's obligations as a state party to UN Convention. I therefore urge you to take immediate steps to determine whether or not these court personnel can be held responsible for their acts.

Likewise, I urge you to use your authority to ensure that the authorities, in particular the municipal police office of Mawab, Compostela Valley, effects and serves the arrest of the respondents without delay. They must be presented before the court to face the charges against them. The immediate arrest and serving of arrest orders of the accused perpetrators is a fundamental principle of the Rule-of-Law.

Finally, I call upon you to ensure that the complainants in this case are afforded with adequate security and protection. I am deeply concerned of the threat of possible violence against them and their supporters and partner organisations. The Military Officers implicated in this murder case must also be issued with immediate suspension from duty whilst the investigation is pending. This is necessary to ensure that they cannot use their authority to exploit or take possible violent actions against the complainants.

I trust that you will take immediate action in this case.

Yours sincerely,

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PLEASE SEND YOUR LETTER TO:

1. Judge Danilo Belo
Presiding Judge
Regional Trial Court (RTC), Branch 31
Tagum City
PHILIPPINES
Tel: +63 84 2173850

2. Justice Presbitero Velasco, Jr.
Court Administrator
3rd Flr., New Supreme Court Bldg.,
Annex, Padre Faura St., Ermita,
1000 Manila
PHILIPPINES
Tel: +63 2 5225090 to 94
Telefax: +63 2 526 8129
Email: pio@supremecourt.gov.ph 

3. Mr. Christopher Lock
Deputy Court Administrator for Mindanao
Office of the Court Administrator
Supreme Court of the Philippines
New Supreme Court Building Annex Padre Faura St.,
Ermita,
1000 Manila
PHILIPPINES

4. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Tel: +63 2 521 8344
Fax: +63 2 521 9548

5. 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 

6. 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 

7. 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 

8. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR
EXECUTIONS)

9. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Attn: Sonia Cronin
Room: 3-060
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR
INDEPENDENCE JUDGES & LAWYERS)


Thank you.

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



Document Type :
Urgent Appeal Update
Document ID :
UP-233-2006
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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.