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Karapatan enraged by weekly killing spree under BS Aquino

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http://www.karapatan.org/Karapatan+enraged+by+weekly+killing+spree+under+BS+Aquino

“BS Aquino’s military and police death squads are like wild dogs on a killing spree, slaying one victim a week this 2014. The trend is an alarming signal of the rising suppression of legitimate protests against the Aquino administration’s anti-poor policies, especially in the rural communities,” Karapatan secretary general Cristina Palabay said as Karapatan documented the sixth victim of extra judicial killing for 2014.

Karapatan reported that the most recent incident happened on 5 February when two unidentified men on-board a red motorcycle overtook and shot 41-year old peasant leader Julieto Lauron, who was with indigenous peoples organizer Nermie Lapatis on their way to the village of Haindangon, Valencia City.

Lauron immediately died after he was hit in his neck, chest and stomach. Lapatis was hit in her right knee. The assailants quickly escaped.

A few days before he was killed, Lauron was elected chairperson of the local chapter of Kahugpungan sa mga Mag-uuma (Kasama or Association of Farmers) of Vintar village; while Lapatis was elected secretary general. In the said assembly, two unidentified men were reported seen taking pictures of participants.

Lapatis had recently moved to Valencia City from Magkalungay village in San Fernando town, Bukidnon, because of threats against her life. As an organizer among indigenous peoples in Bukidnon, she campaigned against the entry of large scale mining companies in the area. Because of the local struggles she took part in, she earned the ire of the military and paramilitary groups. She reported several incidents of harassments from the members of the 8th Infantry Batallion of the Philippine Army, and the paramilitary group New Indigenous People’s Army Reform (NIPAR) led by Benjamin Salusad, the father of Alde Salusad who killed indigenous people’s leader Jimmy Liguyon in 2012.

On 23 January, the more than 200 soldiers under the 1st Special Forces Battalion arrived in Cagayan de Oro as “force augmentation” in the AFP’s fight against the New People’s Army. The elite force is said to handle the paramilitary forces under the 4th Infantry Division of the Philippine Army, covering the northern Mindanao and CARAGA regions. The 1st Special Forces Battalion was previously deployed in Quezon province in 2012, and was among the eight battalions assigned in Bondoc Peninsula. Some of its members were also involved in the Atimonan shootout.

A day before Lauron was killed, on 6 February, in Barangay (village) San Pascual, Libon, Albay, Rosauro Rayteran and his son Rasty, 18,  were killed by unidentified men riding in tandem. Rosauro was a member of the Albay People’s Organization and Bayan Muna Partylist. He had been receiving death threats prior to the killing.

The other victims of extrajudicial killings this year were:

  • Marcelo Monterona, Barangay Elizalde, Maco town, Compostela Valley, killed 5 January.
  • Arman Padino, Hacienda Dolores in Pampanga, died on 13 January.
  • Henry C. Orbina, Cabid-an, Sorsogon City, killed 30 January.

(http://karapatan.org/Oplan+Bayanihan+Phase+2+opens+2014+with+3+EJK+and+4+frustrated+killings)

Karapatan said all those killed were from the provinces identified as priority areas of the government’s counterinsurgency program, Oplan Bayanihan; the same areas targeted by Gloria Arroyo’s Oplan Bantay Laya (OBL). The human rights organization documented 169 victims of extrajudicial killing from July 2010 to December 2013.

“Only a beleaguered regime — one that is drawing flak by the minute for its blatant attacks against the poor — stands to gain from the silencing of its critics and those who face these attacks head-on through their opposition. BS Aquino and his mad dogs should be made to answer for the killings and other human rights violations,” Palabay ended.

http://www.karapatan.org/Karapatan+enraged+by+weekly+killing+spree+under+BS+Aquino

Reference:
Cristina “Tinay” Palabay
Secretary General
+63917-3162831
Angge Santos
Media Liaison
+63918-9790580

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PUBLIC INFORMATION DESK
publicinfo@karapatan.org
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Alliance for the Advancement of People’s Rights
2nd Floor Erythrina Building
#1 Maaralin corner Matatag Streets
Central District, Diliman
Quezon City, PHILIPPINES 1101
Telefax: (+63 2) 4354146
KARAPATAN is an alliance of human rights organizations and programs, human rights desks and committees of people’s organizations, and individual advocates committed to the defense and promotion of people’s rights and civil liberties.  It monitors and documents cases of human rights violations, assists and defends victims and conducts education, training and campaign. 

NDFP Consultant Ramon Patriarca released — Karapatan

Ramon Patriarca, peace consultant of the National Democratic Front of the Philippines (NDFP), was released from the Cebu Provincial Detention and Rehabilitation Center on 4 February 2014 after the Branch 25 of the Regional Trial Court-Danao City dismissed the rebellion charge against him and five other co-accused, who were earlier released on bail.

The release came after Patriarca’s legal counsel filed a demurrer to evidence. Judge Jerry Dicdican found the rebellion case against him without basis and ordered his release on 10 January 2014.

On 9 April 2009, Patriarca filed a civil case for torture and Php 1.4 million in damages against 20 officers and members of the Philippine National Police and Central Command, among them then Cebu Provincial police director Chief Supt. Carmelo Valmoria and Maj. Gen. Armando Cunanan, former commander of the Central Command. The case is pending at the RTC Branch 12.

“I am happy that henceforth, I can better contribute to the struggle for the release of political prisoners, and for human rights and just peace, not limited anymore by prison bars and barbed wires,” Patriarca said in a statement sent to Karapatan.

To date, there are 427 political prisoners still in jail, all falsely charged with criminal cases. Of the 427 political prisoners, 12 are NDFP peace consultants covered by the Joint Agreement on Safety and Immunity Guarantees (JASIG) signed by both the Government of the Republic of the Philippines and the NDFP in 1995. In 2011, the GPH peace panel head, Atty. Alex Padilla, unilaterally declared the JASIG inoperative, a clear violation of the agreement.

In jail, Patriarca launched hunger strikes, fasting, and other protest actions in order to call public attention to his detention, and to echo the demand to release all political prisoners. He had issued statements to the public on issues such as the pork barrel system, government neglect on the plight of the victims and survivors of typhoon Yolanda (international name: Haiyan). Patriarca also made and sold handcrafted greeting cards, proceeds of which were donated to the victims of typhoon Yolanda.

“… State repression is incapable of silencing, not even in prison, yearnings for freedom and justice,” Patriarca said. “My abduction, brief disappearance and torture five years ago, now the subject of a civil case I filed against a number of military and police officials, showed that human rights violations is indeed a twin of the existing exploitative social system,” he added.

Patriarca was abducted on 5 February 2009 at Barangay (village) Casili, Mandaue City, Cebu, by unidentified men. He was tortured and interrogated for three days. In the said statement, Patriarca thanked all those who supported him and the campaign to release all political prisoners, both here and abroad.

Reference:
Cristina “Tinay” Palabay
Secretary General
+63917-3162831

Angge Santos
Media Liaison
+63918-9790580

———————————————————————

PUBLIC INFORMATION DESK
publicinfo@karapatan.org

———————————————————————

Alliance for the Advancement of People’s Rights
2nd Flr. Erythrina Building
#1 Maaralin corner Matatag Streets, Central District
Diliman, Quezon City
PHILIPPINES 1101
Telefax: (+63 2) 4354146
Web: http://www.karapatan.org

KARAPATAN is an alliance of human rights organizations and programs, human rights desks and committees of people’s organizations, and individual advocates committed to the defense and promotion of people’s rights and civil liberties.  It monitors and documents cases of human rights violations, assists and defends victims and conducts education, training and campaign. 

Oplan Bayanihan II opens 2014 with 3 assassinations, 4 frustrated killings — Karapatan

http://www.karapatan.org/Oplan+Bayanihan+Phase+2+opens+2014+with+3+EJK+and+4+frustrated+killings

“Having admitted the failure of Oplan Bayanihan Phase 1 as early as July 2013, the Armed Forces of the Philippines (AFP) is trying to offset it by attacking civilians and accusing them as members or sympathizers of the Communist rebels. For January alone, three victims of extrajudicial killing and four victims of frustrated killing were documented,” said Karapatan secretary general Cristina Palabay.

Those killed were: a worker in Sorsogon; a farmer in Hacienda Dolores in Pampanga where there is an on-going land dispute between the farmers and the Leonardo-Lachenal Holdings, Inc. (LHI) FL Property Management Corp. (FL PMC) and Ayala Land; and, an anti-mining activist in Compostela Valley who survived typhoon Pablo/Bopha. Sorsogon in the Bicol region and Compostela Valley are among the priority areas of BS Aquino’s counterinsurgency program.

“Naghahabol ng deadline ang gobyerno ni Aquino at ang AFP (The Aquino government and the AFP are trying to catch up with its self-imposed deadline),” is how Palabay described the series of killings and other cases of human rights violations committed at the start of the year. “The government has to fulfill its internal deadline because it will also affect the US government’s Asian pivot. Oplan Bayanihan is timed with the US Asian pivot. The US$ 40 million military aid pledged by US State Secretary John Kerry in December serves this purpose,” added Palabay.

The documented cases of EJK and frustrated killing are:

On 30 January 2014, Henry C. Orbina and Bryan Orbina Gallega, both employees of BMH Manpower Services, were fired upon by elements of the Philippine National Police (PNP) detailed at the PNP Outpost in Cabid-an, Sorsogon City. Henry Orbina died instantly from multiple gunshot wounds while Bryan Gallega was arrested, detained, and subsequently charged with trumped-up cases at the Prosecution Service Office. A grenade and a .45 caliber pistol were allegedly found in his possession. Gallega was charged with violation of the Comprehensive Law on firearms and Ammunition (RA 1059) and violation of Explosive Law (RA 9516).

Both the Sorsogon PNP and the 903rd Infantry Brigade-Philippine Army, through its commanding officer Col. Kakilala, accused the victims as NPA rebels. The BMH Manpower Services claims Orbina and Gallega as its employees.

On 13 January, Arman Padino died from a gunshot wound in the head when suspected security guards and goons of Leonardo-Lachenal Holdings, Inc (LHI) FL Property Management Corp. (FL PMC), and Ayala Land fired upon three farmers in Hacienda Dolores in Pampanga on 12 January.

The two other victims, father and son Noel and Reynold Tumali, survived the attack but were wounded. The three were on their way to their farms when they were fired upon by the security guards and goons. The perpetrators also fired upon village officials who responded to the victims, who were later charged with malicious mischief and carnapping by LHI and FL PMC.

Padino and the Tumalis are among the 350 farmers and 1,000 families who will be displaced by the real estate project of the LHI and FL PMC, with the Ayala Land. It has been eight months since the corporation fenced off some 700 hectares of land and prohibited farmers from working on their farms.

On 3 January, Marcelo Monterona was testing his newly repaired multicab on the road. He was already near the house of a friend, Edgardo Sedillo, when two unidentified men aboard an XRM motorcycle stopped near the driver’s seat of the multicab. Witnesses said the gunman went straight to the driver’s seat and shot Monterona with a .45 caliber pistol, hitting him on the left side of his mouth. He tried to crawl out of the vehicle through the passenger’s side but the gunman got on the vehicle through the driver’s side door and shot Monterona several times more before speeding away.

Monterona fell out of the vehicle and was rushed to a hospital in Tagum City by his wife and son. Edgardo Sedillo, who was grazed by a stray bullet in the stomach, was also brought to the hospital. Monterona was pronounced Dead on Arrival (DOA), while Sedillo, who sustained minor injuries, was discharged from the hospital on the same day.

Monterona was an active Council member of Indug Kautawan. He actively participated in national and local campaigns against the large-scale and open-pit mining operations of the Apex Mining Company. Last year, he and other victims of the typhoon Pablo/Bopha barricaded the gates of the mining company in Maco, paralyzing its operations. Monterona also campaigned for the pull-out of 71st Infantry Battalion from the communities, criticized the military’s aerial bombings in the area, and demanded justice for the slain Pedro Tinga, also a member of Indug Kautawan, and other human rights abuses by the military.

Reference:
Cristina “Tinay” Palabay
Secretary General
+63917-3162831

Angge Santos
Media Liaison
+63918-9790580

———————————————————————
PUBLIC INFORMATION DESK
publicinfo@karapatan.org
———————————————————————
Alliance for the Advancement of People’s Rights

2nd Flr. Erythrina Building
#1 Maaralin corner Matatag Streets,
Central District,Diliman
Quezon City, PHILIPPINES 1101
Telefax: (+63 2) 4354146
KARAPATAN is an alliance of human rights organizations and programs, human rights desks and committees of people’s organizations, and individual advocates committed to the defense and promotion of people’s rights and civil liberties.  It monitors and documents cases of human rights violations, assists and defends victims and conducts education, training and campaign. 

SELDA hits delisting of Martial Law victims by Hawaii court

SELDA demands inclusion of all 9,539 Hawaii class suit members

SELDA (Samahan ng Ex-Detainees Laban sa Detensyon at Aresto) reiterated its demand to reinstate the 2,013 names of delisted Martial Law victims who should receive reparation in any of the settlement agreements.

The 2,013 delisted names are part of 9,539 victims recognized by the Hawaii court who filed a class suit against former president Ferdinand Marcos in the Federal Court of Honolulu in Hawaii in 1986.

According to Marie-Hilao Enriquez, the Hawaii court shouldn’t have wantonly delisted members of the class suit based merely on the reason that they failed to reply to letters sent by the Hawaii court asking for verification of their identity.

“Delisting the victims who were part of those who went after the Marcoses is a grave injustice. They were arbitrarily dropped from the list without notice and without due process, denying them of their right to reparation. We reiterate our demand to Judge Real to revert to the old list of Martial Law victims,” said Enriquez.

In October last year, SELDA filed an opposition on the delisting of members at the Hawaii court, stating that there has been an executory judgment by the US Court of Appeals dated 17 December 1996 that the number of victims who were qualified reparation remain at 9,539.

This only means that the victims shouldn’t be given more burden to write to the Hawaii courts, or confirm their identities because they have already been recognized as legitimate class suit members and victims,” said Enriquez.

The filed opposition also said that class suit members come from different parts of the archipelago, and many of them are ordinary farmers and workers who may not have the financial means and resources to immediately respond to the said reply required by the court. Many more belong to the informal settlers – the urban poor people who might have been moved from their original residences due to forced evictions and demolitions of their abodes.

“We shouldn’t aggravate their burden anymore, as justice has been so elusive from them. Until now, they are still demanding for the actual implementation of the law recognizing Martial Law victims,” said Enriquez.

SELDA hit the continuous non-implementation of the Human Rights Victims Reparation and Recognition Act. It has been almost a year since Pres. Aquino signed the law, but until now, no claims board has been formed. The claims board is the body responsible for the process of recognition and reparation of the 9,539 victims and others who were not part of the Hawaii class suit.

Reference:
Marie Hilao-Enriquez
SELDA chairperson
+63917-5616800

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The Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (SELDA) is an organization of former political prisoners in the Philippines. Founded on December 4, 1984, SELDA was initiated by newly-released political prisoners of the martial law period.  SELDA’s primary task is to work for the release of all political prisoners and to see to it that humane treatment of those who are still in detention are complied with by the Philippine authorities.  SELDA advocates justice for current and former political prisoners.  It calls for the mobilisation of resources in support of political prisoners, former detainees and their families.  It carries out legislative advocacy for the indemnification and rehabilitation of political prisoners. SELDA goes into partnership and builds solidarity with concerned individuals and groups for the freedom and welfare of political prisoners and all victims of tyranny. 

SELDA National Office:
2/F Erythrina Building
#1 Maaralin corner Matatag Streets,
Barangay Central District, Diliman
Quezon City 1101, Philippines
Tel: 632-4342837
Fax: 632-4354146

Privatization of orthopedic hospital victimizes basic need for social service

Lawyers raise constitutional challenge on State responsibility and people’s right to health

A group of indigent patients, employees of the orthopedic center, health professionals, concerned citizens and progressive legislators have asked the Supreme Court to halt government plans to cede management and operations of the Philippine Orthopedic Center (POC) to a private entity, saying that it violates constitutionally guaranteed rights to health care & equitable access to health services.

“The bleeding and injured destitute patients in representation of themselves and in representation of all others to be similarly situated come now to the Court because they are being rushed to the emergency or operating room for profit by those who should be taking care of them in the first place. They will be bled dry for commercial fees due to privatized health care service by forces preying on their miserable conditions, ” said Atty. Edre U. Olalia, secretary-general and head of the legal team from the National Union of Peoples’ Lawyers (NUPL).

The group sought to stop the implementation of the “Modernization of the Philippine Orthopedic Center” project under the Public-Private Partnership scheme of the Aquino administration – the first hospital to be privatized. The project costing P5.6 Billion was awarded to the giant Megawide Construction Corp. and World Citi Consortium.

“We have the power to choose for ourselves, and more than merely being charitable, to be civilized and just, especially for the poor and underprivileged,” said Atty. Olalia.

“Should this happen this first time with the POC, then all the rest of the government hospitals or public health facilities and services all over the country will follow this route, and the health of the people and their basic right to it and access to health services will be bludgeoned to smithereens. It would spell the death knell by adding insult to injury, as it were.”

The POC is a Department of Health-retained hospital. It is the country’s only hospital specializing in orthopaedic disorders, including cases of spinal cord injuries. It is being privatized as part of President B. S. Aquino’s Private Public Partnership (PPP) project of funding even social services.

“If one thinks that health can be exchanged for wealth, this Petition does not deserve the court’s precious attention,” the petition’s prefatory statement reads. It adds, “But if one believes that wealth must be subordinated to health, especially of the dying destitutes… then this Petition and what it is fighting for deserve more days in this Court.”

Invoking the State’s responsibility to provide and ensure a basic social service, the Petition states, “such duty should not be relinquished to a private entity through privatization or commercialization of a government hospital, to the prejudice of the poor and underprivileged.”

Through the Petition, novel questions on people’s rights and welfare are brought before the Supreme Court as it involves the fundamental question of whether the right to health and other socio-economic rights are self-executory and legally demandable.

Under the winning bid, the “modernized” POC is allowed to allocate only 70 beds for service (indigent) patients and 420 for sponsored (Philheath) patients – compared to the current 562 beds or 85% capacity for indigent patients. The new management would have an option not to accommodate non-paying patients if the 70 beds are already occupied.

POC employees also face the possibility of losing their jobs. The contract makes the workforce private, such that those who wish to remain in government service have to transfer to another DOH hospital. Those who choose to stay at POC are not assured that they will be absorbed. To emphasize the significance of the Petition, the modernization of the POC is only the first in a series of other PPP projects to be implemented in the health sector. Definitely, this Petition gives the Highest Court the perfect opportunity to give life to the constitutional mandate to the State to promote the people’s right to health through the accessibility of affordable health care.

This is a challenge for the court to shoot down neo-liberal programs which will only worsen the already inept and ineffective health care system in the country.

Petitioners included doctors and nurses from the Network Opposed to Privatization of Public Hospitals and Health Services (NOP), Council for Health and Development (CHD), Nars ng Bayan Community Health Nurses’ Association, Alliance of Health Workers (AHW), Health Alliance for Human Rights (HAHR), People’s Health Movement; Community Medicine Practitioners and Advocates Association (COMPASS); Health Alliance for Democracy (HEAD), leaders of citizens’ groups Makabayan, Gabriela, Kalipunan ng Damayan ng Mahihirap (KADAMAY), Kilusang Mayo Uno (KMU), and congressmen from Bayan Muna and Kabataan party-list.

Reference:
Edre U. Olalia
Secretary General
+63917511373

National Secretariat
National Union of Peoples’ Lawyers (NUPL)
3F Erythrina Building
Maaralin corner Matatag Streets, Central District
Quezon City, Philippines
Telefax no.920-6660
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