Philippines
02.12.02
Urgent Interventions

Philippines: several incidents involving the abduction, ill-treatment and shooting of civilian persons by members of the Armed Forces

Case PHL 021202
Aggression and ill-treatment / Personal integrity / Harassment

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Philippines.

Brief description of the situation

The International Secretariat of OMCT has been informed by Task Force Detainees of the Philippines (TFDP) and the Asian Human Rights Commission, both members of the OMCT network, of several incidents involving the abduction, ill-treatment and shooting of civilian persons by members of the Armed Forces in the Philippines.

Information has been received concerning three cases of violence allegedly perpetrated by members of the Philippine Army’s 78th Infantry Battalion (IB), which has been deployed to control the activities of the New People’s army in the northern towns of the Cebu province. According to the information received, the residents of the towns of Sogod, Tabuelan and Danao have complained about a series of human rights violations that have been committed by the soldiers in question.

According to the information received, 34-year old Rolly Durano, who is a truck driver for Kimwa Construction, was reportedly beaten by members of the 78th IB battalion on November 26th, 2002. He was driving a mobile mixer, and accidentally hit a military vehicle on a difficult section of road.

Upon seeing that the soldiers were fully armed, Durano reportedly did not stop and proceeded to Brgy. Binaliw. The soldiers reportedly chased the victim and when they caught Durano, a belt was tied to his neck, and he was dragged along the ground and kicked in different parts of his body. The soldiers also warned the owner of the house where the victim had sought refuge not to tell anyone about the incident and allegedly blocked vehicles from entering the area while they were searching for Durano.

According to the information received, on November 27th, 2002, Private Roger Rojo, a member of the 78th IB, indiscriminately fired his pistol, hitting an elderly couple in Brgy. Suba, Danao City. Pvt. Rojo and three unidentified companions reportedly wanted to rent a room at the Bayanihan pension house. The soldiers were reportedly drunk and when Rojo got into an argument with the owner of the pension house, he pulled out his 45 calibre pistol which fired, hitting 74-year old Melchor Casia in the left leg and his wife, 73-year old Rosela in the left heel.

Rojo was arrested by the members of the Philippine National Police but was released immediately because the affected couple refused to file a case against the soldier. An officer from the 78th IB offered to shoulder the medical expenses (1,000.00 Philippine Peso/19 USD) of the victims.

According to the information received, on November 1st, 2002, Lloyd Wilson Sato, a student at the South Western University and Vice President of the College Editors Guild of the Philippines (CEGP)-Visayas, was forced into a car in Osmeña Blvd., Cebu City. Mr. Wilson Sato claims that one of the passengers of a a white tinted Toyota Corolla that had drawn up alongside him, drew a gun and ordered him to board the vehicle. Sato affirms that he tried to run away but under threat of being shot, he was forced to board the car and was taken to the North Reclamation Area in Mandaue City.

There, his captors asked him about the whereabouts of student leaders Roxanne Doron (former Anakbayan-Cebu Chairperson), Reiner Joseph (former Anakbayan-Cebu, Secretary General), Mary Francis Veloso (the present Anakbayan-Cebu Chairperson) and Yancy Gandionko (the present CEGP-Cebu President). The College Editors Guild of the Philippines (CEGP) and the Anakbayan are student organizations that are actively campaigning for student's rights and other human rights-related issues. Mr. Wilson was also asked about the whereabouts of Nestor Lumbab, who has recently been released as a result of a court order after being detained for two months at the headquarters of the 78th IB PA. (See OMCT appeal PHL 211002)

Mr. Wilson Sato’s captors reportedly warned him not to join the upcoming rallies of the militant groups. The victim believes that the perpetrators are members of the Military Intelligence Group because he saw two of them acting suspiciously during a rally conducted by their organization.

In addition, Mr. Wilson Sato alleges that he lost Php. 9,000.00 when the suspects took his bag and books. After his interrogation he was brought to Brgy. Guadalupe and was ordered to get out of the car. As he stepped out of the car, one of the captors allegedly pulled him and slashed his left arm with a knife and said, "That is a warning!”

It is worth noting that these incidents occur against a background in which Task Force Detainees of the Philippines-Central Visayas Region have documented six cases of arbitrary arrest and detention with reports of torture, one case of summary execution, one evacuation case which affected 100 families, two cases of physical assault and one case of harassment involving 30 individuals, with all of these cases having allegedly been perpetrated by members of the 78th IB battalion between August and November 2002.

The International Secretariat of the OMCT is gravely concerned by these reports of indiscriminate and violent action on the part of the security forces, notably the 78th IB battalion, in the Philippines and the apparent impunity that is enjoyed by the perpetrators of these acts. OMCT calls upon the authorities to order thorough investigations into these alleged violations of human rights and to ensure that the perpetrators are brought to justice in order to bring an end to arbitrary action on the part of members of the Armed Forces, and to guarantee the civil and political rights of the people of the Philippines.

Action requested

Please write to the authorities in Philippines urging them to:

i. order a thorough and impartial investigation into the circumstances of these arrests in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
ii. ensure that the 78th IB battalion is no longer able to carry out these acts with impunity;
iii. guarantee adequate reparation to all injured people;
iv. put an immediate end to the persecution and harassment of the above-mentioned persons;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with 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
· Secretary Angelo Reyes, Department of National Defense, Camp Gen. Emelio Aguinaldo, Quezon City, Philippines, E-mail: osnd@philonline.com
· Atty. Alejandro Alonso, Regional Director, Commission on Human Rights Region VII, Rosal corner Llorente St., Capitol Site, Cebu City, Philippines, Fax: (+63) 32 254 6921
· His Excellency Ambassador Samuel T. Ramel, Permanent Mission of the Philippines to the Offices of the United Nations in Geneva, Avenue Blanc 47, 1202 Geneva, Switzerland, fax: +41 22 7161932, e-mail: philippine.mission@ties.itu.int

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

Geneva, December 2nd, 2002

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