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UPDATE (Philippines): Witnesses of activists' killings in Luzon refused to give evidence fearing their security

June 23, 2005

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM


24 June 2005

[RE: UA-34-2005: Killing of a labor rights activist for the Hacienda Luisita farm workers in Tarlac City, UP-26-2005: Priest supporting for the Hacienda Luisita farm workers in La Paz, Tarlac killed and two others wounded, UP-28-2005: Attempt on the life of a human rights lawyer working for the Hacienda Luisita farm workers, UP-29-2005: Two more leaders from the Bayan Muna party are killed in Baguio and Tacloban City, UP-59-2005: Another human rights activist killed in Visayas, UP-61-2005: Wounded victim in activist shooting dies, UP-70-2005: Protection needed for witnesses to activists' killings in Visayas]
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UP-75-2005: PHILIPPINES: Witnesses of activists’ killings in Luzon refuse to give evidence fearing their security

PHILIPPINES: Extra-judicial killings; Human rights defenders; Protection of witnesses; Impunity; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that witnesses involving the cases of Ernesto Bang and Joel Reyes, human rights activists who were slain on March 10 and 16, 2005 respectively, are frightened to come forward to testify and cooperate with authorities. The absence of witness protection and risks has discouraged them to do so, thus, essentially hamper the authorities effort to identify, arrest and prosecute the perpetrators. The Philippine government however has not address this situation properly.

We have not reported the case of Bang and Reyes previously. But similar cases, which we have reported, are also experiencing absence of witnesses and the cases remain unsolved. Bang and Reyes’ cases are more instances of unsolved killings because of the absence of witnesses. In Visayas, the cases of Felidito Dacut and Fr. Edison Lauz (see UP-70-2005 for details) remain unsolved after witness went into hiding while the other refused to cooperate.

The government is aware of this situation. However, no action has been taken to immediately provide protection for the witnesses. The authorities have failed to investigate on witness concerns thoroughly, give recommendations and identify as to who could be responsible for such threats. Such an act virtually encourages impunity and perpetrators walk free with no fear of prosecution.

Under the Philippine Republic Act (RA) 6981, the act which guarantees witness protection, security and benefit, the Department of Justice (DOJ) is mandated to ensure that witnesses to a particular crime are given protection. The government must take action on this.

We urge you to pressure the Philippine government, in particular the Department of Justice (DOJ), to take action for to the protection of witnesses as provided in the RA. 6981. Both relatives of the witnesses and of the dead must also be afforded adequate protection under the program.

Brief detail of the case:
 
Ernesto Bang (50) and Joel Reyes (33) were slain in separate shooting incidents in Camarines Norte, Luzon.

Bang, an information officer of Kilusang Magbubukid ng Pilipinas (KMP), a peasant organization, was shot dead on 10 March 2005 in his house in Purok 3, Barangay Malangcao in Basud. One of the four armed men who arrived at his house shot him. He was shot shortly after he opened his front door to find out who was knocking.

Six days later in a nearby municipality, Reyes, a tricycle driver and organizer of the party-list group Anakpawis, was also shot dead by one of his passengers. The suspects who posed as passenger boarded Reyes’ tricycle at a public a market. One of the suspects shot him before reaching the boundaries of Barangays Callero and Nakalaya, Jose Panganiban. Reyes died on the spot from several gunshot wounds.

Investigations conducted by policemen from the Jose Panganiban Municipal police and the Scene of the Crime Operation Team (Soco) revealed that no witnesses to the incident have so far come forward for fear of reprisal. The police, however, failed to initiate measures or recommendation as to what alternatives should be done to address the situation.

In a letter dated May 31, received by the Asian Human Rights Commission (AHRC) recently, Marcelo Ele Jr., Police Director of the Philippine National Police (PNP) Directorate for Investigation and Detective Management, said no witnesses had come out in the open for fear of reprisal.


Suggested letter:


Dear ____________,

PHILIPPINES: Witnesses of activists’ killings in Luzon refused to give evidence fearing their security

I am writing to draw your attention to the cases of activist Ernesto Bang and Joel Reyes who were slain in Camarines Norte on March 10 and 16, 2005. I have learned that witnesses to the shootings are frightened to come forward for fear of their lives. It was reported that their testimonies might have help the authorities to identify, arrest and prosecute the perpetrators. But, because of the absence of protection, they are reluctant and discouraged to do so.

I am aware of the Philippine’s existing law regarding witness protection. Under the Republic Act (RA) 6981 or an Act providing for a witness protection, security and benefit program and for other purposes, the Department of Justice (DOJ) is obliged to ensure the protection of witnesses. This is an essential tool of putting the perpetrators to trial to address the activists’ killing.

I am seriously concerned that the cases have not been brought to court due to the absence of witnesses. Some of the witnesses have even gone into hiding. The case of Bang and Reyes’ are yet mere instances of witnesses frightened to speak out. In Visayas, the case of lawyer Felidito Dacut and Fr. Edison Lapuz have not been solved due to absence of witnesses.

The government must take serious action in this matter. Instead of waiting for witnesses to come forward, the government must also initiate measures to investigate who is responsible for threatening and intimidating the witnesses. Doing so assures witnesses that they are protected.

I request your immediate intervention to take action on these issues. The government must consider witness protection as a very essential in identifying, arresting and prosecuting the perpetrators.

I trust that you will take action on these cases.


Respectfully yours,


___________________

PLEASE SEND A LETTER TO:

1. Secretary Raul M. Gonzalez
Department of Justice (DOJ)
Padre Faura St., Manila
PHILIPPINES
Direct Line +63 2 521-8344; 5213721
Trunkline  +63 2 523-84-81 loc.214
Tel. Nos. +63 2 523-8481 to 98
Telefax: +63 2 521-1614
Email:  sad@doj.gov.ph 

2. Commissioner Purificacion Quisumbing
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman, Quezon City
PHILIPPINES
Fax: +63 2 929 0102/928 0848
Email: drpvq@chr.gov.ph

3. 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

4. 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

5. Mr. Marcelo S. Ele Jr.
Police Director
Directorate for Investigation and Detective Management
Philippine National Police (PNP)
National Headquarters, Camp Crame
Quezon City
PHILIPPINES

6. Ms Gloria Macapagal Arroyo
President
Malacanang Palace
J.P. Laurel St., San Miguel
Manila, NCR 1005
PHILIPPINES
Fax: +63 2929 3968

7. 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 

8. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
E-mail: urgent-action@ohchr.org


Thank you

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Update
Document ID :
UP-75-2005
Countries :
Issues :
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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.