Press Release, May 23, 2011

Reference: Vince Casilihan, KARAPATAN-Bikol, Marilyn Estrellado,wife of Rodel Estrellado,

The fight for justice continues as cases of murder were filed againts Major Danilo Ambe and eight (8) others at the Camarines Sur Provincial Prosecutors Office on Thursday May 19, 2011 by CIDG, Rodel Estrellado’s family and Karapatan-Bikol.

“Though thankful to PNP in its effort and cooperation, we find it necessary for them to prosecute high ranking officials of AFP whom we believe are behind the killing of Rodel Estrellado. We fear that Estrellado case is just a tip of an iceberg of AFP’s human rights violations  against the people whom they swear to protect.” – said Casilihan.

“The culture of impunity on the military institution has proven to be their shield while it is a threat to people’s rights and welfare. Worst, this culture of impunity have cost the lives of many Bikolano human activist and rights defenders like Isaias Santa Rosa, Joel Baclao, Cris Hugo, Rambo Guran and Ompong Alvarado.” – added Casilihan.

It seems that AFP’s concept of human rights is to silence those who are opposing the unjust and anti-people policies and programs of the government. Using Oplan Bantay Laya under Macapagal-Arroyo administration and now Oplan Bayanihan of Noynoy Aquino administration, they filed fabricated charges as what they did to Bicol 8 and Daet 4. Oplan Bantay Laya and Oplan Bayanihan are government way of justifying its atrocities and terrorism over its people.

Various human rights violations against the civilian especially to human rights defenders and supportes has been a long standing issue in the Bicol Region. Some of the victims and survivors have decided to stop seeking for truth and justice due to fear and continuing threat for their lives. Karapatan-Bikol salute and admire the courage and firmess of Rodel Estrellao family in pursuing the case. One way or another the family serves as an inspiration to all the victims out there, bringing strong message for them to come out and bravely seek justice for their families and friends.

“It is high time for the AFP in the entire Philippines to know that civilian authority is at all time supreme over the military. It is high time that we bring them into court. This human rights violations againts us must stop. We hope that P-Noy administration hear our calls and walk his talk of matuwid na daan (“straight path”).”-ended Marilyn Estrellado.#

KARAPATAN BIKOL
#664 G/f Encarnacion Bldg., Rizal St. , Brgy 17, Legazpi City
(+6352) 480-5227, karapatanbk07@yahoo.com

News Release
May 22, 2011

It’s an embarrassment for the United Nations Human Rights Council.

This was how the umbrella group Bagong Alyansang Makabayan described the election of the Philippines to a fresh term in the UN Security Council, after garnering the second highest number of votes.
“This seriously impacts on the credibility of the UNHRC. The Philippines has a very poor human rights record dating back to nearly a decade of the Arroyo regime. It has gained notoriety for extrajudicial killings, enforced disappearances, torture and arbitrary detention. These practices continue to this day,” said Bayan secretary general Renato M. Reyes, Jr.

“The PH government has yet to ensure the conviction of perpetrators and masterminds of the murder of activists. Meanwhile, some 40 cases of extrajudicial killings have already been recorded, less than a year into the Aquino government. The Philippine Human Rights Commission even practically cleared the AFP in the abduction and torture of a Fil-Am activist,” he added.

The group said that the results of the vote may be the result of intense public relations blitz and lobbying rather than actual improvements in the human rights situation in the country since the time of the Arroyo government. It said that during the worst period for human rights under the Arroyo government, the Philippines was still able to get itself elected to the UNHRC.

“It’s really no achievement since even during GMA’s worst onslaught of human rights violations, the Philippines still got elected. It’s a shame really,” Reyes said.

Bayan said that the PH government can only do two things; continue the old ways of the Arroyo government, or make human rights a priority and hold accountable rights violators of the past and present.

“The current government seems to be going down the same path of the Arroyo government. The number of new extrajudicial killings remains alarming. The conviction rate of suspected perpetrators remains less than 2%. There are more than 300 political prisoners languishing in jails around the country. How can our foreign affairs officials say that human rights is a priority of this government?” Reyes asked.

Renato M. Reyes, Jr.
Bayan Secretary General

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