Alleged extrajudicial killings/ Alleged acts oftorture and ill-treatment/ Risk of impunity

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 and torture of Mr. RudyDejos, a 50-years old farmer and Chieftain of B’laan tribe, and his son,Mr. Rudyric Dejos, 26-years old and also farmer, in Barangay Zone 1,Municipality of Sta. Cruz, in the province of Davao del Sur. Both were membersof the Zone-1 Farmers Associations (ZOFA)[1],an organisation of farmers of the Zone-1 founded on 19 January 2011, and affiliate to the Kilusang MagbubukidPilipinas (KMP)[2].

According to the information received, on 27 February2011, at around 4:00 p.m. Ms. Mercy Dejos, Mr. Rudy Dejos’ wife, returned homeafter having visited a relative the day before, when she found the dead bodiesof her husband and her son, Mr. Rudyric Dejos, lying on their kitchen floor.The two bodies reportedly bore gunshot and stab wounds. The bodies were alsocovered with bruises and the hands and nails of the two victims were smashed,signs of possible acts of torture. Mr. Rudy Dejos, and his son, Mr. RudyricDejos were reportedly working on their farmland on the morning of 27February 2011. Ms.Mercy Dejos believes that they were killed around noon as the meal Mr. Rudy Dejos prepared wasleft untouched.

According to the same information, they are believedto have been killed by members of the 39th Infantry Battalion of theArmed Forces of Philippines (AFP). Mr. Rudy Dejos, and his son, Mr. RudyricDejos, had been reportedly threatened in the past by alleged members of theAFP. In June 2010, some members of the 39th Battalion of the AFPinstalled a camp in the Barangay Hall at the center of the Zone-1, Municipality of Sta. Cruz, where they conducted village meetings,also called pulong-pulong, aiming to offer the population of the region theopportunity to “clear” themselves of accusations of insurgency.[3]Mr. Rudy Dejos’ tribe, the B’laan, have been accused by the AFP of being partof the New People’s Army (NPA), and he was to “clear” himself of theseaccusations. Mr. Rudy Dejos reportedly decided not to go to the meeting, as hethought the military would not believe his point of view.

Furthermore, on 6 June 2010, a man called Boyong, and allegedly aknown member of the 39th Battalion of the AFP, reportedly interrogatedMr. Rudyric Dejos about his brother-in-law, suspected of being an NPA member,and took a picture of him without his consent. In December 2010, a man by thename of Arman, allegedly a leader of the Barangay Defense System[4]of the village and a known military intelligence agent, threatened the victimover the imminent founding of the ZOFA.

The International Secretariat of OMCT is gravelyconcerned about the circumstances surrounding the killings of Mr. Rudy Dejos,and his son, Mr. Rudyric Dejos, which seem to suggest that they may have beenvictim of an extrajudicial killing. OMCT recalls that the authorities have tofulfil their obligations under international human rights law to protect theright to life and the right not to be subjected to torture or other cruel,inhuman or degrading treatment or punishment and to bringing to justice thoseresponsible for violating these rights. OMCT is indeed deeply preoccupied aboutrepeated reports of extrajudicial killings and torture in the course ofcounter-insurgency operations in the country (see OMCT previous urgentappeals).

Accordingly, OMCTurges the competent authorities to carry out a prompt, effective,thorough, independent and impartial investigation into thecircumstances surrounding the killing of Mr.Rudy Dejos and Mr. Rudyric Dejos, and into the allegations of torture,in accordance with international human rights standards, such as the UNPrinciple on the Effective Prevention and Investigation of Extra-legal,Arbitrary and Summary Executions, and the UN Convention Against Torture andOther Cruel, Inhuman or Degrading Treatment or Punishment, the result of whichmust be made public, in order to bring those responsible before a competent,independent and impartial tribunal and apply penal, civil and/or administrativesanctions as provided by law.

OMCT isalso gravely concerned about the safety of Mr. Rudy Dejos’ and Mr. Rudyric Dejos’ familymembers, 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. RudyDejos’ and Mr. Rudyric Dejos’ family;

ii. Carry out aprompt, effective, thorough, independent and impartial investigation into the circumstances of the killing and theallegations of acts of torture of Mr. Rudy Dejos and Mr. Rudyric Dejos, inaccordance with international human rights standards, inter alia, with the UNPrinciple on the Effective Prevention and Investigation of Extra-legal,Arbitrary and Summary Executions, and the UN Convention Against Torture andOther Cruel, Inhuman or Degrading Treatment or Punishment, the result of which mustbe made public, in orderto bring those responsible before a competent, independent and impartialtribunal and apply penal, civil and/or administrative sanctions as provided bylaw;

iii. Ensure that adequate, effective and promptreparation, including adequate compensation, is granted to the victims’families;

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 losSantos Avenue, 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, 10 March 2011

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

[1] The ZOFA wasestablished after the Patulangon Farmers Association (PATUFA) was forced todissolve. The 39th Infantry Battalion of the Armed Forces ofPhilippines (AFP) accused the PATUFA of being a front organisation for the NewPeoples’s Army (NPA).

[2] The KMP (PeasantMovement of the Philippines) is a democraticand militant movement of landless peasants, land workers and smallholders.

[3] The militarypresence in the region is high as consequence of counter-insurgency operations,especially since the new counter-insurgency program Oplan Bayanihan has beeninstalled in January 2011. As one of the main focus, the program intends torecruit civilians, allegedly also under coercion, for the counter-insurgencyactivities. Progressive organisations and party lists are often reportedlylabelled by the AFP as “supporters” of the NPA.

[4] Barangay Defense System (BDS) is a group of civilians formed by the AFPafter a massive military counter-insurgency operation. Some of the members ofthe BDS are reportedly forced or coerced to join, and some are given firearmsby the AFP.