Alleged extrajudicial killings of three brothers, including a minor, namely Mr. Eric Miraflores, Mr. Raymond Miraflores and Rosmil Miraflores

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

Brief description of the situation

The International Secretariat of OMCT has been informed by the Task Force Detainees of the Philippines (TFDP), a member of OMCT SOS-Torture Network, about the alleged extrajudicial killings of three brothers, including a minor, namely Mr. Eric Miraflores (27 years old), Mr. Raymond Miraflores (23 years old) and Rosmil Miraflores (16 years old), in Sitio Hobol, Masinloc, Zambales, by members of the Zambales Provincial Mobile Group-Philippine National Police (PMG- PNP).

According to the information received, on 2 June 2010, Mr. Eric Miraflores, Mr. Raymond Miraflores and Rosmil Miraflores went with their tricycles to the family’s farm in Sitio Hobol to help out their father. This latter arrived a bit later and proceeded to do his chores when he heard several gunshots. Out of fear, he went into hiding and only later was he informed that his three sons had died.

According to the same information, when the three bodies were brought to the family house, the parents were puzzled to find that their sons were wearing camouflage uniforms, different from the shirts and pants they were wearing when they had left the house in the morning. All three bodies reportedly bore several gunshot wounds and bruises. It is also reported that Mr. Eric Miraflores’s Identification Card (ID), wallet and mobile phone were missing.

According to a statement made by a police inspector of PMG-PNP to local media, Mr. Eric Miraflores, Mr. Raymond Miraflores and Rosmil Miraflores, suspected of being members of an armed rebel group, were killed during a supposed encounter with the police. The police confiscated a hand gun that was allegedly used by the victims as well as their tricycles. However, the family denies the account of the police and maintains that Mr. Eric Miraflores, Mr. Raymond Miraflores and Rosmil Miraflores were civilians and not affiliated with any group. It also affirms that none of the three owned a gun or knew how to use it.

The family subsequently gave the bodies to the National Bureau of Investigation (NBI) for autopsy and requested that an investigation is carried out by the Commission on Human Rights Region (CHR) region 3. The investigation is currently ongoing.

The International Secretariat of OMCT is gravely concerned about the circumstances surrounding the killings of Mr. Eric Miraflores, Mr. Raymond Miraflores and Rosmil Miraflores. OMCT recalls that the authorities have to fulfil their obligations under international human rights law to protect the right to life and to bringing to justice those responsible for violating this right.

In its Conclusions and Observations, issued after examining the Philippines’ report in May 2009, the Committee against Torture expressed its concern “at reports that, although the total number of killings has declined significantly, such killings (…) continue” and recommended that “the State party should take effective steps to investigate promptly, effectively and impartially all allegations of involvement of members of law enforcement agencies in extrajudicial killings (…)” and “that the State party should implement the recommendations contained in the report of the Special Rapporteur on extrajudicial, summary or arbitrary executions (A/HRC/8/3/Add.2), following his visit to the Philippines in February 2007.”

Similarly, the Committee on the Rights of the Child, after examining the Philippines in September 2009, “urged the State party to make every effort to reinforce protection of the right to life, survival and development of children, inter alia, by taking all necessary measures to prevent extrajudicial killings of children and to thoroughly investigate all alleged cases of killings and bring the perpetrators to justice”.

Actions Requested

Please write to the authorities in the Philippines urging them to:

1. Call upon the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the circumstances of the killings of Mr. Eric Miraflores, Mr. Raymond Miraflores and Rosmil Miraflores, in accordance with international human rights standards, inter alia, with the UN Principle on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
2. Ensure that adequate, effective and prompt reparation, including adequate compensation, is granted to the victims’ family;
3. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• His Excellency Benigno Simeon C. Aquino III, President, Malacanang Palace, JP Laurel St., San Miguel, Manila, Philippines, Fax: +632 736 1010, Email: corres@op.gov.ph /opnet@ops.gov.ph
• Hon. Leila De Lima, Secretary, Department of Justice (DOJ) Padre Faura, 1004 Manila, PHILIPPINES, Fax: +632 521 1614, Email: atty_delima@yahoo.com.ph
• Office of the Chairperson, Commission on Human Rights (CHR), SSAC Bldg., Commonwealth Avenue UP Complex, Diliman, Quezon City, Philippines, Fax: +632 929 0102
• Atty. Jasmin N. Regino, Director, Commission on Human Rights (CHR) Region 3, 3rd Flr. Kehyeng Building, McArthur Hi-way, Dolores 2000 San Fernando, Pampanga, Telefax: +635 961 8577, Email: chrreg3@yahoo.com / attyjnr@yahoo.com
• Director General Jesus A. Verzosa, Chief, Philippine National Police (PNP) Camp General Rafael Crame, Quezon City, PHILIPPINES, Fax: +632 724 8763, Email: bluetree73@gmail.com
• Permanent Mission of the Philippines to the United Nations in Geneva, 47 Avenue Blanc, 1202 Geneva, Switzerland, Fax: +41 22 716 19 32, Email: mission.philippines@ties.itu.int

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

Geneva, 09 July 2010

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