By Ronalyn V. Olea, Bulatlat.com

MANILA – An international human rights organization lamented the unresolved cases of enforced disappearances and extrajudicial killings under the new Aquino administration.

In its world human rights report released May 13, Amnesty International (AI) stated: “More than 200 cases of enforced disappearances recorded in the last decade remained unresolved, as did at least 305 cases of extrajudicial execution (with some estimates ranging as high as 1,200). Almost no perpetrators of these crimes have been brought to justice.”

The group cited a report commissioned by the United States Agency for International Development and NGO the Asia Foundation that recorded 305 cases of extrajudicial executions with 390 victims from 2001 to 2010. “The same report stated that only one percent of reported cases resulted in a conviction, and that members of the armed forces were implicated in 20 percent of cases.”

AI also cited a report from the Commission on Human Rights in February 2010 saying it has recorded 777 cases of extrajudicial executions and 251 cases of enforced disappearance since 2001. AI noted that in September of the same year, human rights group Karapatan recorded 1,206 extrajudicial executions and 206 victims of enforced disappearance during the same period.

AI also noted that almost none of the victims’ families received reparations.

Civilian deaths

AI said there are at least 38 alleged political killings reported in 2010.

“Civilians continued to be killed as the military’s counter-insurgency plan failed to differentiate between civilians and members of the NPA [New People’s Army]. In some cases, the police or the military claimed that the deaths occurred during ‘legitimate encounters,’” AI said, citing the case of botanist Leonardo Co and two others.

Co and two others were shot dead in Kananga, Leyte in November 2010. Military officials claimed that the victims were caught in a crossfire between the army and the NPA but a survivor and other witnesses refuted the claim.

The findings of local human rights groups were no different. In its first quarter monitor, Karapatan records showed that since Aquino took office until March this year, there were 45 victims of extrajudicial killings and five victims of enforced disappearances. For this year alone, the group recorded 14 victims of extrajudicial killings.

“The first quarter 2011 data gathered by Karapatan present a profile of human rights violations indistinguishable from that committed by the U.S.-Arroyo regime,” Karapatan said.

The group branded the new counterinsurgency program Oplan Bayanihan of the Aquino administration as “a camouflage for state terrorism” with the use of civilian-military operations.

“The atrocious and barbaric Oplan Bantay Laya (OBL) and the new Oplan Bayanihan (OPB) under the new Aquino administration has no difference, except the names and the latter’s rampant use of deceptive words like ‘respect for human rights’, ‘development-oriented activities’ and ‘peace’,” Hanimay Suazo, Karapatan-Southern Mindanao Region acting deputy secretary-general, said.

In its quarter report, Karapatan –SMR recorded three victims of extrajudicial killings and one victim of enforced disappearances. It also documented 53 cases of human rights violations involving security forces and paramilitary groups that have victimized 99 families with 1,259 individuals from January to May 15, 2011.

“Indeed, the moniker ‘wolves in sheep’s clothing’ for the Armed Forces of the Philippines is real after it is again linked to extra-judicial killings and other rights abuses in the region under the new counter-insurgency plan, Oplan Bayanihan,” Karapatan-SMR said.

Torture and other ill-treatment

AI also said that torture and ill-treatment continue under the new administration, citing the cases of Darius Evangelista and Ambrosio Derejeno.

In a video shown by broadcast media in August, Evangelista, a suspect apparently held for petty theft, was being yanked by a cord attached to his genitals and whipped with a rope.

Derejeno, meanwhile, was reportedly taken by Citizens’ Armed Forces Geographical Unit (CAFGU) members in Samar province. He was tied up and surrounded by men in camouflage uniform pointing their guns at him.

Meanwhile, Karapatan recorded 26 victims of torture from July 2010 to March 2011.

Private armed groups

AI also said that private armed groups continued to operate throughout the country, despite government commitments to disband and disarm them.

According to the Philippine National Police, there were 117 private armed groups in February. The Independent Commission Against Private Armies reported in May that there were at least 72 active private armed groups in the country, and that another 35 had already been dismantled by the police and military.

“Many members of government-established, armed “force multipliers” – including Civilian Volunteer Organizations (CVOs), police auxiliary units, and the Citizens’ Armed Forces Geographical Unit (CAFGU) – were also members of private armed groups,” AI said.

“In November, the President vowed that he would disband and disarm identified private armed groups, but refused to abolish CVOs, the CAFGU and police auxiliary units, saying that they needed to be professionalized instead. The Armed Forces stated that it needed to increase the number of CAFGUs,” AI said further.

The group also cited the military’s revival of the vigilante group Alsa Lumad in September in its campaign against the NPA.

“Shame on them for talking about ‘respect for human rights’ when they have not done anything to make the previous administration and its cohorts accountable for the thousands of human rights violation victims,” Suazo said. #

News Release
References: Atty. Edre U. Olalia, NUPL secretary general (+639175113373); Atty. Julian Oliva, member of the NUPL Legal Team (+639157707067)

The mothers of missing UP students Sherlyn Cadapan and Karen Empeno today filed a criminal complaint against retired General Jovito Palparan Jr. for rape, serious physical injuries, arbitrary detention and other crimes, based on sworn affidavits of several eyewitnesses.

Counsel Edre U. Olalia, Secretary-General of the National Union of People’s Lawyers (NUPL) said “This will not ensure that Karen and Sherlyn will be brought back to us. Indeed, this is more than seeking justice for them. This is a way to put these incorrigible abductors, torturers and rapists out of places of authority.” Karen and Sherlyn have been missing since 2006.

Erlinda Cadapan and Concepcion Empeno, alleging conspiracy within the military unit, filed the complaint at the Department of Justice (DOJ) against Palparan, former commanding general of the 7th Infantry Division of the Philippine Army;  his commanding officers Lt. Col. Rogelio Boac of the 56th Infantry Battalion and Lt. Col. Felipe Anotado of the 25th Infantry Battalion. It also charged M/Sgt. Donald Caigas and M/Sgt. Rizal Hilario for particular acts of torture and rape. The charge of rape is non-bailable.

Attached to the complaint were eight detailed affidavits that established Sherlyn and Karen were in military custody. Farmer Raymond Manalo, whose testimony was taken in open court in 2008 during the habeas corpus proceedings in the Court of Appeals, positively identified several of the abductors and torturers, as well as witnessed horrible acts of torture. Manalo was himself abducted in Bulacan in 2006, but he eventually escaped.

Other Bulacan farmers, fishermen, and other barriofolk have willingly come up to state for the record that they saw Sherlyn and Karen being abducted or in the custody of the military, said Att. Julian Oliva, a member of the NUPL Legal Team. “Despite the possible consequences, they have stood up in defense of the two UP students who served their community. This is an outstanding act of courage, and a genuine belief that criminals must be punished,” he said.

The criminal acts that were alleged by witnesses are: rape, serious physical injuries, arbitrary detention, maltreatment of prisoners, grave threats, grave coercion, and violation of R.A. 7438, or the law which provides for the rights of detained persons.

NUPL also cited violations of international treaties, such as the International Covenant on Civil and Political Rights and the Convention Against Torture.

Among the NUPL counsels are two young UP Law graduates, Attys. Sandra Jill Santos and Ma. Cristina Yambot, who both just passed the Bar and are contemporaries of Karen and Sherlyn.

This is the first criminal case either lawyer will handle. “The time has come for us to take the cudgels for our friends,” said Atty. Santos, “and to continue what Karen and She have begun.” Atty. Santos served with Sherlyn in the UP Diliman student council.

Atty. Yambot, who entered UP as an undergraduate the same time as Karen, said “What we could only demonstrate against as students before, we will help prosecute as lawyers now.”

The mothers of the 2 missing UP students had earlier secured the court’s approval for the writs of habeas corpus and amparo, but neither writ has been executed. The Court of Appeals in September 2008 ordered the Armed Forces of the Philippines to release the two coeds, but the latter has denied custody. Military camp inspections have been unsuccessful.

This is the first countersuit against Palparan to be filed during the present administration of President Noynoy Aquino. Palparan earned the monicker “The Butcher” for his bloody record of extrajudicial killings and enforced disappearances.

Gen. Palparan was sued during the time of President Gloria Macapagal-Arroyo, who had supported and praised him publicly. Other killings attributed to him are those of human rights worker Eden Marcellana, peasant leader Eddie Gumanoy, activist Choy Napoles, and many others.

The case of Marcellana and Gumanoy were brought to the UN Human Rights Committee, where the GMA government was held accountable for violations of the International Covenant on Civil and Political Rights.

Atty. Olalia, who handled these cases, said “We will continue to pursue all avenues to prosecute human rights violators. We will not let them get away with murder, rape, and other crimes that debase our sensibilities. We will continue to stand by our clients who have dared to speak out against the worst types of violations—those committed by state agents and the state itself.”

This criminal case is a continuation of the efforts of human rights defenders and lawyers to abate the impunity surrounding human rights violations, coming on the heels of the damages suit against GMA and her cohorts for the Morong 43 incident, and to be followed by other suits in the near future against top civilian, military and police officials.#
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National Secretariat
National Union of Peoples’ Lawyers(NUPL)
3F Erythrina Bldg., Maaralin corner Matatag Sts. Central District,Quezon City, Philippines
Tel.No.920-6660,Telefax No. 927- 2812
Email addresses:nupl2007@gmail.com and nuplphilippines@yahoo.com
“Visit the NUPL  at http://www.nupl.net/

By calling yourselves the ‘people’s lawyer,’ you have made a remarkable choice. You decided not to remain in the sidelines. Where human rights are assaulted, you have chosen to sacrifice the comfort of the fence for the dangers of the battlefield. But only those who choose to fight on the battlefield live beyond irrelevance.”  Supreme Court Chief Justice Reynato S. Puno, in his message to the NUPL Founding Congress,Sept. 15, 2007

News Release
References: Atty. Edre U. Olalia, NUPL secretary general (09175113373); Atty. Ephraim B. Cortez, NUPL assistant secretary general for legal services (09164093986)

Filipino-American activist Melissa Roxas, through her correspondent counsel National Union of Peoples’ Lawyers (NUPL), today formally assailed the Resolution of the Commission on Human Rights that practically cleared the military from liability for her enforced disappearance and ensuing arbitrary detention and torture in 2009.

“We are alarmed at the possible consequences this Resolution has in relation to the culture of impunity which already exists within the ranks of the military,” declared NUPL Secretary-General Atty. Edre Olalia.

The Resolution dated February 14, 2011 stated that there is no sufficient evidence to establish that State forces are liable for Roxas’ ordeal. It had also stated that there is “strong indication” that the New People’s Army is liable for the said forcible taking and “cruel, degrading and inhuman treatment and punishment.”

Roxas, who is back in the United States, communicated to the NUPL that despite the CHR’s Resolution, she is determined to expose the truth. “I cannot help but entertain the thought of totally losing all faith and confidence in the CHR’s independence and objectivity,” she admits. The Fil-Am activist was abducted last May 19, 2009 in La Paz, Tarlac and had suffered torture at the hands of her abductors to force a confession that she was an NPA member.

“We are disturbed by how the Resolution uses narrow definitions and distinctions between “torture” and “cruel, inhuman or degrading treatment or punishment,” states Atty. Ephraim Cortez, NUPL’s Assistant Secretary-General for Legal Services. “Given the bare facts, the Resolution should not divine how many angels can dance on the head of a pin to make an artificial dichotomy between these two concepts. What was done to Melissa is torture.”

Roxas also decried the lack of due process, as the CHR cited “secret” sources in pinning the NPA as possible perpetrators. “The CHR conducted a crucial part of the proceeding without notifying her, and without disclosing who were present in such proceedings. Worse, the Resolution gave credence to the testimony of the un-named sources which was taken “secretly.” It is axiomatic that for  testimony to be credible, it must not only come from a credible source – which is unverifiable independently at best and dubious at worse on this point in the present case – but must also be credible in itself.” This is in contrast with her testimony given in an open, public and transparent proceeding and not under the dark shadows of medieval inquisitions,” explains Atty.  Olalia. “

“The CHR cannot contradict the basis for the doctrine which the Supreme Court itself has laid down,” adds Atty.  Cortez. “The SC held that due to the secret nature of enforced disappearances and torture, much of the information and evidence proving such will logically come from the victims themselves,” he continues. “Of course, these statements can be corroborated by other evidence, such as medical reports of the torture, or landmarks belonging to the detention areas which the victims can identify, all of which Melissa has done.”

Roxas had firmly stated positively in her straightforward narration and recollection that she was detained in a military establishment which she believes to be Fort Magsaysay in Nueva Ecija, where she had been told that she was listed in the military’s “Order of Battle”. The “Order of Battle” referred to is the counter-insurgency program instituted under former President Gloria Arroyo’s regime and is more commonly known as Oplan Bantay Laya.

“If we follow the substantial evidence requirement, the descriptions of the place where Melissa was secretly detained are facilities that can only be found in a military camp; the pattern of her enforced disappearance and the manner by which the interrogation and torture were conducted likewise establish that her interrogators are members of the AFP,” Atty. Cortez  maintains. “So it is befuddling then when the present Chair of the CHR publicly declared in defense of the Resolution that it “tells it as the evidence says it.””

“Why, pray tell, – if the perpetrators were indeed NPAs — , would Complainant’s tormentors forcibly take her against her will and defiant resistance in broad daylight and with such brazen impunity; insist and force her to admit wrongfully that she is a member of the CPP and NPA; interrogate her and claim that “they are instruments of God for rebels to change their ways and return to the fold;” exhort her through means mostly foul to “change her ways and go back to the fold of the government;” subject her to anti-communist propaganda; ask her to sign a document which she refused; and then release her only after she was compelled to denounce the NPA? IT JUST DOES NOT ADD UP. It defies sheer common sense and is against the natural course of things, “the lawyers pointed out.

“We question why the CHR ignored the exhaustive and even overwhelming evidence presented against the military for being “insufficient,” while yet speculating on the NPA’s liability without conducting a similar proceeding to explore this hypothesis. This great leap of judgment without proffering any iota of support or even discussion cannot hold water, ” Atty. Cortez stressed.

Hardening its resolve, the NUPL vows to continue to support Melissa Roxas and other victims of human rights violations. “The irony of it all is that with the instant Resolution by a Commission under a supposed new administration professing to be far different from the previous one, the impunity will continue, if not inspired,” Atty. Olalia declares, “and that is no less tragic and horrendous.”#

Mark Dalan Meruenas, GMA News

The mother of missing political activist Jonas Burgos has appealed to Maj. Harry Baliaga Jr., who is implicated in the alleged kidnapping, to identify his superiors who ordered her son’s abduction in April 2007.

The Commission on Human Rights (CHR), which investigated Burgos’ disappearance, said in its March 15 report to the Supreme Court that it has found “overwhelming evidence” that Baliaga was “the principal abductor” of Burgos.

Edita Burgos, in an open letter sent in time for the upcoming fourth anniversary of her son’s disappearance, asked Baliaga to reveal the whereabouts of her son.

“Surely, logic tells me that you… would not have acted on your own. Isn’t that how your system works? A superior orders his subordinates and a good soldier follows the order even if it is against the highest principle of life and freedom,” she said.

“Tell me, who has ordered you to get my Jonas? Give those who ordered him taken the chance to correct their ways,” she added.

Baliaga, an Army First Lieutenant during the time of the alleged abduction, belongs to the 56th Infantry Battalion based in Bulacan province.

Mrs. Burgos advised Baliaga to spill the beans on Burgos’ abduction especially now that “there is a chance that soon you will be behind bars.” She also asked Baliaga not to wait for the “consequences of an evil act will have been felt not only by you but by the next generations.”

Mrs. Burgos said Baliaga should consider “telling the truth” in time for the feast of the Divine Mercy on Sunday. “May the Holy Spirit fill your heart and the hearts of the perpetrators of human rights violations,” she said.

Edita said she really wanted to personally meet with Baliaga and look him in the eye while asking for Jonas’ whereabouts. “I want to see if the look you give me will deny or affirm your answer.”

Among the CHR’s recommendations was for the Department of Justice (DOJ) to admit witnesses to the government’s Witness Protection Program. It also recommended that the DOJ file kidnapping charges against Baliaga, and obstruction of justice charges against those who gave false statements to authorities about the abduction.

Jonas Burgos was last seen being dragged by armed men from a shopping mall along Commonwealth in Quezon City into a vehicle on April 28, 2007. His father, the late journalist Jose Burgos, was a staunch anti-dictatorship fighter.

Mrs. Burgos and other human rights advocates are set to gather at the Bantayog ng mga Bayani Grounds in Quezon City on Thursday to commemorate the fourth anniversary of Jonas’ disappearance. — KBK, GMA News