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

[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]

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.

 

 

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