TheInternational Secretariat of the World Organisation Against Torture (OMCT)requests your URGENT intervention inthe following situation in the Philippines.

Brief description ofthe situation

The International Secretariat of OMCT has beeninformed by the Alliance for theAdvancement of People’s Rights (KARAPATAN), a member of OMCT SOS-TortureNetwork, about the alleged extrajudicial killing of Mr. Rodel Estrellado,a 34 years old farmer and member of the Bayan Muna Party, Sorsgon chapter(section), in Barangay 3 (village), Malilipot, in the province of Albay.

According to the information received, on 25February 2011, ataround 9:00 a.m.,Mr. Rodel Estrellado was approached by four men, who introduced themselves asmembers of the Philippine Drug Enforcement Agency (PDEA)[1],when he was walking back home. The four presumed members of the PDEA reportedlyforced Mr. Rodel Estrellado inside a gray-coloured car with plate number MXN902, and drove in direction of the city of Legazpi, province of Albay.

According to the same information, on the same day, on25 February 2011 around 6:00 a.m., the spokesman of the 9th InfantryDivision of the Philippines Armed Forces[2]issued a statement, which announced that a certain Mr. Elmer Estrellado, analleged member of the New People’s Army (NPA), had been killed in an armedencounter in the village of Buluang, in the Municipality of Bato, Province ofCaramines Sur. Moreover, later on the same day, two members of the ArmedForces, allegedly Major Danilo Ambe and 2nd Lieutenant MaribelDonilla, both based in Mabaludbalud, Camarines Sur, filed a blotter report atthe Philippine National Police (PNP) station of Bato stating that a man namedMr. Elmer Estrellado had died during a strike operation they had conducted inBuluang village.[3]

On 27 February 2011, after hearing in the local news about thedeath of a certain “Elmer Estrellado”, Mr. Rodel Estrellado’s family went tothe funeral parlour in Bato, Camarines Sur, where the body of the alleged Mr.Elmer Estrellado had been brought. There, the family discovered that Mr. ElmerEstrellado was actually their abducted relative, Mr. Rodel Estrellado.

The International Secretariat of OMCT is gravelyconcerned about the circumstances surrounding the death of Mr. RodelEstrellado, which seem to suggest that he may have been victim of anextrajudicial killing. Mr. Rodel Estrellado was reportedly an active member ofthe Bayan Muna Party, whose members have repeatedly been branded as “supporter”of the New People’s Army (NPA) by the military and targeted under the guise ofcounter-insurgency measures[4].OMCT expresses also its grave concern about the ongoing impunity of suchkillings, and therefore recalls to the Philippines authorities that they have to fulfil theirobligations under international human rights law to protect the right to lifeand to bringing to justice those responsible for violating this right.

OMCT urges thecompetent authorities to carry out a prompt, effective, thorough,independent and impartial investigation into the circumstancessurrounding the killing of Mr. RodelEstrellado, in accordance with international human rightsstandards, such as the UN Principle on the Effective Prevention andInvestigation of Extra-legal, Arbitrary and Summary Executions, the result ofwhich must be made public, in order to bring those responsible before acompetent, independent and impartial tribunal and apply penal, civil and/oradministrative sanctions as provided by law.

OMCT isalso gravely concerned about the safety of Mr. Rodel Estrellado’s family,and calls on the competent authorities to guarantee, in allcircumstances, their physical and psychological integrity.

Actions Requested

Please write to theauthorities in the Philippines urging them to:

i. Guarantee,in all circumstances, the physical and psychological integrity of Mr. RodelEstrellado’s family;

ii. Carry out aprompt, effective, thorough, independent and impartial investigation into the circumstances of the killing of Mr. Rodel Estrellado, in accordancewith international human rights standards, inter alia, with the UN Principle onthe Effective Prevention and Investigation of Extra-legal, Arbitrary andSummary Executions, the result of which must be made public, in orderto bring those responsible before acompetent, independent and impartial tribunal and apply penal, civil and/oradministrative sanctions as provided by law;

iii. Ensure that adequate, effective and promptreparation, including adequate compensation, is granted to the victim’s family;

iv. Guaranteethe respect of human rights and the fundamental freedoms throughout the countryin accordance with national laws and international human rights standards.

Addresses

Ø H.E. Benigno S. Aquino III, President of the Republic of the Philippines,Malacaang Palace, JP Laurel St., San Miguel, Manila, Philippines, Fax: (+632) 742-1641 / 929-3968, E-mail: corres@op.gov.ph / opnet@ops.gov.ph

Ø Sec. Teresita Quintos-Deles, Presidential Adviser onthe Peace Process, Office of the PresidentialAdviser on the Peace Process (OPAPP), 7thFloor Agustin Building I, Emerald Avenue,Pasig City 1605, Fax:+63 (2) 638 2216, E-Mail Address: osec@opapp.gov.ph

Ø Ret. Lt. Gen. Voltaire T. Gazmin, Secretary,Department of National Defense, Room 301 DNDBuilding, Camp Emilio Aguinaldo, E. de los SantosAvenue, Quezon City, Fax:+63(2) 911 6213, Email:osnd@philonline.com

Ø Atty. Leila M. De Lima, Secretary, Department ofJustice, Padre Faura St., Manila, Direct Line 521-8344; 5213721, Trunkline 523-84-81 loc.214, Fax: (+632) 521-1614, Email: doj.delima@gmail.com

Ø Hon. Loretta Ann P. Rosales, Chairperson, Commission on Human Rights, SAACBldg., UP Complex, Commonwealth Avenue, Diliman,Quezon City, Philippines, Fax: (+632) 929 0102, Email:chair.rosales.chr@gmail.com

Ø Permanent Missionof the Philippines to the United Nations in Geneva, 47 Avenue Blanc, 1202Geneva, Switzerland, Fax: +41 22 716 1932, Email: mission.philippines@ties.itu.int

Please also write to the embassies of the Philippines in your respective country.

***

Geneva, 29 March 2011

Kindly inform us of any action undertaken quoting thecode of this appeal in your reply.

[1] The PDA is an agency accompanying thePhilippine National Police on drug-related crimes. PDA has reportedly denied any operation onthe day of Mr. Estrellado’s abduction.

[2] The 9th Infantry Division of thePhilippine Army is based in the town of Pili, province of Camarines Sur, South Eastern part of Luzon.

[3] The region of Bicol, composed among otherprovinces of the provinces of Albay and Camarines Sur, is highly militarized asit is identified by the Armed Forces of Philippines (AFP) as one of its targetareas of the counter-insurgency program Oplan Bayanihan.

[4] See OMCT report« Addressing the Economic, Social and Cultural Root Causes of torture andViolence in the Philippines », 2010. http://www.omct.org/files/2010/10/20939/philippines_follow_up_mission_report_final_01_10_10.pdf.

See also forexample OMCT urgent appeal PHL 141010, issued 4 October 2010.