Fear of extrajudicial killings in Negros Oriental

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 death of 21-year-old nurse Ms. Rachell Mae Palang, resident of North Poblacion, Consolacion town, Cebu, 27-year-old Mr. Jerry Cabungcag, computer games technician and resident of Sitio Lawis, Pasil, Cebu City and Mr. Federico Villalongha from Bohol (no further information), at Sitio Taguik, Barangay Calango, Zamboangita, Negros Oriental.

According to the information received, on 18 September 2008, at about 3:00pm, elements of the 79th Infantry Battalion (IB) Philippines Army based at Siaton town, Negros Oriental, under the command of Lt. Col. Bernard Neri, alleged to have encounter a group of 15 armed men believed to be members of the New People’s Army, following which a 45 minutes gunfire ensued. The bodies of Mr. Jerry Cabungcag, Mr. Federico Villalongha and Ms. Rachell Mae Palang were then reportedly found.

According to the information received, Ms. Rachell Mae Palang had graduated from nursing at Velez College in Cebu City in March, and just passed the licensure exam in June this year. She was reportedly during college an officer of College Editors Guild (CEGP) and its Vice-President in the Visayas, an alliance of tertiary campus publication nationwide which is known to voice criticisms of campus and national issues. Furthermore, Ms. Rachell Mae Palang was reportedly committed to the situation of the farmers in the area, where the alleged encounter took place, who are being affected by the jathropa business (jathropa is being used as a source of biofuel; farmers in the area reportedly complained about the destruction of their rice farmlands, having been allegedly forced to jathropa plantation.)

According to the same information, the circumstances of the killings remain unclear, in particular with regard to the site of the killings (it was reportedly first declared that the incident took place at Malungkay-daku in Dauin when in fact, the event took place at Sitio Taguik, Barangay Calango, Zamboangita, in Negros Oriental) and the bodies were reportedly only retrieved three days later.

The International Secretariat of OMCT is gravely concerned about the killing of Mr. Jerry Cabungcag, Mr. Federico Villalongha and Ms. Rachell Mae Palang, in particular with regard to the unclear circumstances of their deaths. OMCT calls on the authorities to order a prompt, thorough and impartial investigation into the circumstances of these deaths, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law.

Action requested

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

1. Order a prompt, thorough and impartial investigation into the circumstances of the killing of Ms. Rachell Mae Palangi, Mr. Jerry Cabungcag and Mr. Federico Villalongha in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
2. Guarantee that adequate reparation 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

• Her Excellency Gloria Macapagal-Arroyo, President, Republic of the Philippines New Executive Bldg. Malacañang Palace Compound J. P. Laurel St. San Miguel, Manila, Philippines E-mail: opnet@ops.gov.ph, kgma@yahoogroups.com Fax: (+63) 2 929 3968
• The National Defense Secretary Rm. 301 DND Bldg. Camp Aguinaldo, EDSA, 1110 Quezon City. Philippines, E-mail: snd@dnd.gov.ph/osnd@philonline.com, Fax: +63 2724 8763

• PNP Chief Jacinto Cesar, City Police Chief, PNP HQ, Tagbilaran City
• Gen. Hermogenes Esperon, Jr, Armed Forces Chief of Staff, AFP GHQ, Camp General Emilio Aguinaldo, Edsa, Quezon City
• Gen. Oscar Calderon, PNP Chief, Camp Crame, Edsa, Quezon City, Fax No. 063 2 724 8763, Tel: +63 2911 6213
• Hon. Dr. Purificacion Quisumbing, Chairperson, Commission on Human Rights, SAAC Building, Commonwealth Ave., UP Complex, Quezon City, Email address: drpvq@chr.gov.ph
• Bienvinido C. Blancaflor, Director, Fact-finding Investigation, Corruption, Prevention and Public Assistance Bureau, Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices, 3rd Flr. Ombudsman Bldg, Agham Rd Diliman (1104) Quezon City Tel. +632 926 9032
• Office of the Presidential Adviser on Peace Process (OPAPP), Hon. Jesus Dureza, 10th Flr, Agustin 1 Bldg, Emerald Avenue, Ortigas Center
• 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
• Embassy of the Philippines in Brussels, 297 Avenue Moliere, 1050 Brussels, Belgium, Tel: +32 2 340 33 77 / 2 340 33 78, Fax: +32 2 345 64 25.

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

Geneva, 09 October 2008.

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