Philippines: Unlawful killing of two children by the military

Case PHL 180504.CC Child Concern/Unlawful killings The International Secretariat of 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 Karapatan – Alliance for the Advancement of People's Rights, a member of the OMCT network, of the unlawful killing by military soldiers of two minors, Maylene Golloso, 13 years old, and Raymund Golloso, 6 years old, in Bulan, Sorsogon, Philippines. According to the source (based on the testimony of victims' brother, sister and mother), on 7th May 2004, Ms Golloso (victims' mother) left the family's house at around 2:35 pm to go to barangay centre at 200 meters from her house, leaving her four children at home. At that time Raymund (6 years old) and Resty (9 years old) were playing outside near the family's house and their two sisters, Maylene (13 years old) and Melody (18 years old), were cooking inside the house while they heard a loud burst of gunfire. The two girls called their brothers to immediately go inside. The four siblings then hid in their parents’ bedroom. The gunfire stopped a short time during which Maylene and Raymund sneaked to see if there was anybody outside. Suddenly they were hit by two gunshots. Melody saw them dying. She then took Resty and they ran through outside to go to a relative. According to Resty's testimony, the shots came from the direction of the barangay road, just near the victims' house, this is corroborate by Ms Golloso's testimony. Before the murder Ms Golloso had seen a group of military soldiers in the barangay centre and recognised one of them as Cesar Loares, an element of the Citizen Armed Force – Geographical Units (CAFGUs) under the command of Col. Romeo Cabatic, and a resident of Brgy. Quirino, Bulan, Sorsogon. After Ms Golloso heard the first gunshots, she ran back towards to her house. Upon seeing the house she saw seven military soldiers near it, three were hiding behind coconut trees and the rest was crawling on the ground. She entered her house and saw her dying children. She immediately ran outside and cried for help but the soldiers did not attempt to help her and left the area. According to Ms Golloso, she found out later that the soldiers went to the barangay captain and asked for a certification stating that they had engaged in an encounter with rebels of the New People's Army near her house and that the NPA members where the first to shoot and that they were the ones who killed her children. The barangay captain signed the certification. But regarding the evidence (no exchange of gunshots, no member of the New People's Army in the house, only two bullets' holes on the wall), this was a fake certification. The International Secretariat of OMCT is gravely concerned about the unnecessary and discriminatory use of force by the 2nd Infantry Battalion (IB) of the Philippine Army (PA) and by the Citizen Armed Force – Geographical Units (CAFGUs) under the command of Col. Romeo Cabatic, which has resulted in the death of two children of Golloso family: Maylene (13 years old) and Raymund (6 years old). OMCT strongly condemns the unlawful killings and impunity of the perpetrators. OMCT urges the authorities of the Philippines to grant adequate reparation to the family of the victims. Furthermore, OMCT urges the Government to take all necessary measures to guarantee an immediate, impartial and effective investigation into the circumstances of these events, identify those responsible, bring them before a competent and impartial tribunal, and apply the sanctions provided for by law. OMCT recalls that the victims were children. The Philippines has signed and ratified the Convention on the Rights of the Child, which states, under Article 6, that “State Parties recognise that every child has the inherent right to life” and under Article 38, Paragraph 4) that: “In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.” Action requested Please write to the authorities in the Philippines urging them to: i. order a thorough and impartial investigation into the circumstances of this event, in order to bring the responsible persons to trial and apply the penal and/or administrative sanctions as provided by law; ii. provide an adequate compensation to the victims' family; iii. ensure the safety of civilian people during any military or police action; iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards. Addresses - Angelo T. Reyes, Secretary, Department of National Defense, Camp General Aguinaldo, Quezon City, Philippines, Fax: +632911-6213, Email: osnd@philoneline.com - Hon. Simeon Datumanong, Secretary, Department of Justice DOJ Bldg., Padre Faura, 1004, Manila, Philippines, Fax: +632521-1614, Email: sechbp@info.com.ph - Purificacion Quisumbing Commissioner, Commission on Human Rights, SAAC bldg., UP complex, Commonwealth Avenue, Diliman, Quezon City, Philippines, Fax: +632 929-0102, Email: apnr@chr.gov.ph or hrnow@yahoo.com - General Narciso L Abaya Chief of StaffArmed Forces of the Philippines, Camp Emilio Aguinaldo, Quezon City, Philippines, Tel: +63 2 911 6436 / 911 6045, Fax: +63 2 911 7783 / 911 7953 - Ms. Asma Jahangir, Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions c/o OHCHR-UNOG 1211 Geneva 10 Switzerland, Tel: + 92 42 5763 234, Fax: + 41 22 917 9006 / 92 42 5763 236, Email: webadmin.hchr@unog.ch / asmalaw@brain.net.pk - Stella Vasquez, Task Force Detainees of the Philippines Central/Eastern Visayas Region 3rd floor Booc-Virtudazo Bldg. F. Martir St., Lapu-lapu City Philippines, Tel: +032 341 4207 E-mail: estel_pv@yahoo.com - Atty. David M. Bermudo Regional Director, Commission on Human Rights Office Add: 2F DPB Building Dela Rama Street, Iloilo City, Philippines, Tel. # 033 0 337 8019 - Loretta Ann Rosales House of Representatives, Chairman Comm. On Civil/Political Rights, Telefax no. (02) 9316288, Email: conglapr@nsclub.net - Ambassadeur, Ramel, Samuel T., Av. Blanc 47, CH-1202, Genève, Suisse, E-mail : philippine.mission@ties.itu.int, Fax: +4122 716 19 33 Please also write to the embassies of the Philippines in your respective country. Geneva, May 18, 2004 Kindly inform us of any action undertaken quoting the code of this appeal in your reply.