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Whitewash of Capion massacre a push for plunderers and murderers — Karapatan

KARAPATAN (Alliance for the Advancement of People’s Rights)

“All along, the whitewashing of the massacre of anti-mining activist JuvyCapion and her two sons is the intent of the Armed Forces of the Philippines as they compromised the physical evidence and crime scene, and desecrated the remains of the victims to justify the massacre and the continuing military operations against the indigenous people’s defending their ancestral lands.”

Karapatan, through its secretary general Cristina Palabay issued the statement after the Office of the Provincial Prosecution in Digos City, Davao del Sur, in a resolution, found no probable cause against the soldiers led by Lt. Col. Alexis Bravo, Lt. Dante Jimenez and 14 other members of the 27th Infantry Battalion-Philippine Army for the murder of Capion and her sons.

Karapatan said that the Office of the Provincial Prosecutor disregarded the statements of several witnesses who were at the site of the massacre shortly after it happened, which are vital testimonies to establish the liability of the AFP troops.

“One of the witnesses even heard the soldiers talk about ‘finishing off’ a child who survived the massacre so no witness remains. Witnesses attested how the military cordoned off the area, having sole control over the crime scene and the lifeless bodies,” Palabay said.

Karapatan said the resolution came as “no surprise as the BS Aquino government has been consistent in exonerating perpetrators of human rights violations.”

“Impunity reigns. The BS Aquino regime has gone berserk in its attacks against the lives and livelihood of the people, in favour of murderers and plunderers. The Capion massacre showed the extent of protection the government grants plunderers like the SMI-XStrata Corporation, a large-scale mining company. The subsequent dismissal of the case against the perpetrators from the Armed Forces illustrates how lopsidedour justice system is in favour of those in power,” she added.

“This is not the first, and definitely not the last. Cases of extrajudicial killing, enforced disappearances, arbitrary arrest, illegal detention and torture continue to increase as the BS Aquino government dash to the finish line of OplanBayanihan’s Phase 1 by year end,” Palabay said.

Earlier Karapatan opposed the dropping of charges against Brig. Gen. Eduardo Año, Lt. Col. Melquiades Feliciano, Lt. Gen. Romeo Tolentino, Gen. Hermogenes Esperon, Lt. Gen. Alexander Yano and Dir. Gen. Avelino Razon Jr. who were charged with arbitrary detention, murder and obstruction of justice on the enforced disappearance of Jonas Burgos. In September, Brig. Gen. Eduardo Año was confirmed by the Commission on Appointments to assume the post as Intelligence chief.

“Similarly, perpetrators who were already charged in court like Gen. Jovito Palparan and the Reyes brothers remain free and unpunished. BS Aquino has no qualms about being repressive and corrupt.  And, he does it with his haciendero-style of arrogance, unmindful of the growing people’s resistance against his regime. But, history has shown us where his kind ends up,” concluded Palabay.
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 Flr. Erythrina Bldg., #1 Maaralin corner Matatag Sts., 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. 

New Zealanders press for justice for Italian missionary gunned down in Philippines

Remembering the life and martyrdom of Fr. Fausto ‘Pops’ Tentorio, PIME

By Auckland Philippines Solidarity

Two years since the killing of Fr. Fausto ‘Pops’ Tentorio, PIME, Auckland Philippines Solidarity (APS) together with church leaders in New Zealand gathered at St John’s Presbyterian Church to remember the martyrdom and lighted candles for justice for Fr. Pops.

Fr. Pops’ dear friend and fellow PIME missionary Fr. Peter Geremiah noted in a Justice for Pops (JPM) statement, “During the time of Cory Aquino the killers of Fr. Tullio Favali PIME were sentenced to life imprisonment even though their leader, commander Bukay Manero, was the most famous asset of the military during Martial Law who eventually served 23 years in prison… Now under Cory’s son who is president now, is justice possible for Pops and other victims of extra-judicial killings?”

“It is lamentable that top military officers denied any knowledge of the Bagani force during last year’s Congressional hearings into Fr. Pops’ case, despite repeated testimonies of witnesses on the killings and harassment perpetrated by this paramilitary group against the local civilian population over the years,” Cameron Walker, Spokesperson of Auckland Philippines Solidarity (APS) said.

Witnesses in North Cotabato, including a former Bagani force member, have claimed the paramilitary group is responsible for the killing.  Other serious allegations have been made that the Armed Forces have previously worked with the Bagani force.

“As we have seen in other international situations, such as in Colombia and Northern Ireland, state collusion with paramilitary groups has led to serious human rights violations”, noted Walker.

Rev. Prince Devanandan of the NZ Methodist Church noted at the memorial gathering for Fr. Pops, “We live today in a world where money has become more important than human life. The military in the Philippines and many countries controlled by the multinationals are only taught to kill those who resist injustice, but not taught to respect human life and dignity.”

Father Pops provided services for poor indigenous communities in North Cotabato Mindanao and also campaigned for an end to the forced displacement of communities by large mining companies, an end to human rights abuses by paramilitary groups and for the fair distribution of land.

In recent years other progressive church people have been murdered for taking a stand for the rights of the people.  After taking an active stand in support of the striking sugar workers at the Hacienda Luisita, owned by the Cojuangco-Aquino family, the Most Rev. Alberto Ramento, Bishop of the Philippine Independent Church was murdered in 2006.   Assassins broke through the rectory where Bishop Ramento was staying at around 4:00 am of October 03, 2006 in the Parish of San Sebastian, Tarlac City. After waking him from his sleep the assassins fatally stabbed him.

“The best way to honour Father Pops and his great legacy of social work in Mindanao is to bring those responsible for extrajudicial killings of people’s advocates to justice.  We call on President Aquino, as Commander and Chief of the Armed Forces to ensure all those responsible for extrajudicial killings within the security services are brought to justice and paramilitary groups, such as the Bagani force are dismantled.” Walker concluded.

Reference:
Cameron Walker – ph.solidarity@gmail.com
Spokesperson, Auckland Philippines Solidarity (APS)

CARPER conduit for land reconcentration — IBON

Leasehold farmers have increased by more than 100% since 1988

By IBON

While peasant groups lament food insecurity as the world observes World Food Day, research group IBON affirmed that government’s land reform continues to facilitate the reconcentration of lands in the hands of the wealthy.

“Although the Comprehensive Agrarian Reform Program extended with reforms (CARPER) has stricken out the voluntary land transfer (VLT) option through which landowners have been able to retain land ownership by merely transferring their title to beneficiaries of their choice”, IBON said, “the program still has not guaranteed land transfer to tillers substantially.”

According to IBON, public clamor against schemes that allowed landowners to evade land redistribution led to the phasing-out of the VLT mode. However, the circumvention of the amendment by antedating VLT applications submitted 2009 onwards, and the exemption of VLT applications submitted between June 2008-2009 during the 14th Congress deliberations leading to CARPER, still finds 25.9% of the accomplished land acquisition and distribution (LAD) as of March 2013 under the VLT option.

Further, IBON pointed out that while CARPER supposedly focuses on the Voluntary Offer to Sell (VOS) and Compulsory Acquisition (CA) modes of redistribution, a larger 35% of LAD was accomplished through VOS and VLT from 1997-2012, while only 4% were distributed using the CA scheme.

IBON elaborated that most farmers whose lands were ‘acquired’ through VOS and VLT are among the growing number of tenants who enter into lease and leaseback arrangements with agribusiness corporations and former landowners. DAR data shows that leasehold farmers have increased to at least 1,216,430 in 2012 from 555,232 in 1988.

IBON research found farmers and farmworkers leasing awarded land back to corporations or landowners even to the point of getting hired by these entities. Other farmers lease the lands to corporations, organizations, and financiers who have their own pool of farm workers. According to the DAR, there are at least 48,436.9 hectares covered by Agribusiness Venture Agreements (AVA) that include joint venture agreements and contract growing. Aside from this, some farmer beneficiaries or farmworkers are given the option of resorting back to tenancy and obliged to pay a fixed rent for each cropping period.

IBON also said that the CARPER still retains the stock distribution option (SDO) and other non-land transfer schemes of the old CARP. The research group noted that the SDO was one of farmworkers’ decades-old issues with Hacienda Luisita, the distribution of which, up to now remains problematic.

 

Interview with Auckland Philippines Solidarity about Fr. Pops Tentorio

By CAMERON WALKER

Justice for Fr Pops!

Here is the podcast of the interview I did yesterday on bFM about the life of Father Fausto Tentorio — Father Pops — a Priest who was murdered by a right wing paramilitary group in Mindanao, southern Philippines.

Green Desk with Sustainable Simon | 95bFM
http://www.95bfm.co.nz/default,213113.sm

Heartless: Military, police file motion to re-arrest innocent man

On the military’s motion questioning the court’s ruling releasing security guard portrayed as top rebel leader and asking for his rearrest: Heartless

By National Union of Peoples’ Lawyers

The military and police officers’ “Urgent Motion for Reconsideration and for Order of Re-Arrest” of our client Rolly Panesa is not only a desperate act but is simply heartless.

Private security guard Panesa was portrayed by the military and police as a supposed ranking leader of the New People’s Army in order to fetch a multimillion bounty of P5.8M despite overwhelming evidence that he is not Benjamin Mendoza. After almost a year of unjust incarceration, the Court of Appeals eventually saw the lies and inconsistencies of the military’s professional witnesses and finally ordered his immediate release last August.

This latest Motion is simply untenable. In our Comment filed yesterday, we asserted that there is no legal or factual basis to reconsider the August 27, 2013 Decision since the same is fully in accordance with law, jurisprudence and the evidence. It is plain recycled hogwash aimed at saving face for a high-profile bungled money-making racket.

To start with, why would the military and police now question the jurisdiction and authority of the court to determine the identity of Panesa – an issue intrinsically decisive of the legality of his arrest and detention for which the remedy of habeas corpus was intended as an extraordinary remedy to afford a speedy and effectual relief to persons who are illegally detained – when they have actively and assiduously participated the proceedings through their lawyers who fought tooth and nail to keep him? They are simply estopped and cannot have their cake and eat it too.

The subject Decision cannot be more clear, categorical and unequivocal, both legally and grammatically, when it said that the privilege of the writ of habeas corpus is hereby issued immediately and that the Jail Warden is commanded to forthwith execute the writ for our client’s discharge from confinement and to release him.

It would not be amiss to point out certain crucial points in this tragedy to put all these in the proper perspective. This is actually and in reality not a case of “mistaken identity.” The respondents-movants, shamelessly aided by their unscrupulous lawyers who wittingly or unwittingly have tinkered with the life of an innocent ordinary security guard who did not know what hit him, have actually simulated the arrest to justify a wrongful and unjust detention.

The only motivation of such callous injustice is the handsome bounty (Php5.8 Million pesos) over the head of one Benjamin Mendoza who is allegedly a ranking rebel leader and the unworthy brownie points that come along with it in the process. Panesa is not the first victim of such money-making scheme. That it is covered by a dangerous “secret bounty list” issued by the Department of Defense and Department of Interior and Local Government in a Memorandum dated November 2012 simply institutionalizes this injustice.

Finally, is it not plainly stretching credulity or credence that a supposedly wanted high-ranking rebel leader like Panesa – who so naturally comported, deported and proven himself in and out of court as nowhere remotely close to being such – would personally and publicly file and pursue immediately after his release criminal countercharges for torture and other crimes against his captors and their handlers and errand boys?

Would it not have been inordinately convenient and easier for him to have just run posthaste back to the “mountains” on the one hand if he were indeed a rebel leader as he is being portrayed by respondents-movants or that he could just have “moved on” and lived a quiet life and charge all these to (sad) experience on the other hand if his rights, liberty and dignity were not trampled upon with impunity?

References:

Edre U. Olalia
National Secretary General
+639175113373

Ephraim Cortez
Assistant secretary general for Legal Services
+639175465798