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Trained for torture

Editorial, Philippine Daily Inquirer

WHAT’S GALLING about several videos circulating on the Internet showing military officers beating up trainees is that they seem to have been taken by the delighted torturers themselves, perhaps as a twisted way of showing off their filmmaking skills. Or since these are terrible times for the Armed Forces of the Philippines, what with corruption reaching up to the comptrollership and the top brass, could the videos be perhaps the best way of marketing the AFP and getting recruits? If its image has hit rock-bottom, surely the videos wouldn’t anymore taint the scandal-prone AFP.

But alas, the people are supporting the AFP, providing the money for its expensive wars that seem to have no end in sight and thus, no end at all for people’s sacrifice.

The AFP has defended the torture as a form of training recruits. So are people supposed to support this rather unorthodox form of training with their money, too? Moreover, does that mean that torture and physical abuse are institutionalized in the military? If so, why should the people pay for measures that, based on gruesome human rights cases, have been used against the people?

And what about the pledge of the military to respect human rights? How can an institution that makes torture and abuse part and parcel of its training make human rights its paramount concern?

The persistence of torture and instruments of violence in the work of people tasked to enforce the peace dates back to the Cold War, where mayhem and murder were supposed to be carried out in a war that was low-key and low-intensity, which means they should be carried out surreptitiously, clandestinely, but a war that was nonetheless brutal and ideologically twisted, and sadly enough, a war turned against non-combatants and the citizens themselves.

Completely confusing the enemy, the military and the police have made war on the people they have sworn to protect. In the context of the Philippines, where the ideological wars remain because of the persistence of conflicts and insurgencies, torture represents a persistence of past practices, a throwback to an era whose tentacles continue to smother and constrict any attempt to foster a more humane society, one that is grounded on the ways of peace and civilization.

The resilience of torture and terror tactics has perpetuated the insurgency and other conflicts. Because neither the government nor the insurgents can win the war decisively, they resort to foul, underhanded techniques to get back at or put one over each other. It is a matter of record that the military and the insurgencies have fed on each other’s blood lust. In fact, both seem to thrive on each other’s underhandedness, thus prolonging the war that neither wants to win because that would mean the end of their reason for being. This explains why our insurgencies continue to fester, and Filipinos now live under constant siege. We are a nation in a perennial state of war. The Philippines has become a nation of checkpoints. Even malls and schools have spot security checks.

For the police, the ready recourse to terror tactics to extract confession and intelligence information against the enemy has only fostered incompetence, professional laxity, and consequently intractable criminality. Several celebrated cases of heinous crimes have remained unsolved due to the botched handling by the police who resorted to shortcuts to yield results for publicity. Trained in the ways of terror to obscure shoddy police work, our law enforcers meld with the faces of the criminals they pursue. They become the criminals themselves, underworld characters in state uniform.

It is shocking that tactics and strategies associated with totalitarian despots, which have riled and roused peace-loving people around the world and unleashed the pro-democracy wave that is sweeping Tunisia, Egypt and the rest of the Arab world, are proving to have a long shelf life in the Philippines. The country, ironically enough, started the international people power movement a generation ago. The Arab phenomenon is a credit to the power of the People Power Revolt of 1986. It is regrettable that on the 25th anniversary of the Edsa miracle, Filipinos are not celebrating the historic milestone in a manner that gives it credit and substance. Worse, we have chosen to return to the earlier era of abuse and strong-arm tactics. We continue to spurn the legacy of Edsa.#

Peasant activist shot in front of daughter in Isabela Province, Cagayan Valley, Philippines

UA No: 2011-03-04
UA Date :
20 March 2011

UA Case :

Extrajudicial killing; Threat/harassment/intimidation

Victim/s : Extrajudicial killing

BONIFACIO LABASAN
– 61 years old, farmer, married
– active member of Danggayan Dagiti Mannalon iti Cagayan Valley (DAGAMI or Union of Peasants in Cagayan Valley) – Isabela chapter, a peasant organization in the Cagayan Valley region, an affiliate organization of the Peasant Movement of the Philippines (KMP)

Threat/harassment/intimidation

LANIE LABASAN-MIGUEL
– married
– daughter of Bonifacio

Place of Incident :
Baranggay (village) of San Roque, Municipality of San Mateo, Isabela

Date of Incident :
9 March 2011

Alleged Perpetrator(s) :
Two (2) unidentified men riding in tandem on a Kawasaki Bajaj motorcycle with no plate number

Account of the Incident:

On March 9 at around 10:30 in the morning, Bonifacio Labasan was on his way to his relative’s house in Baranggay Victoria, Municipality of San Mateo, to get some sacks to be used for harvesting palay or rice grains. His daughter, Lanie Labasan-Miguel, hitched a ride on her father’s motorcycle, for she too was going in the same direction as her father was.

While on the road, they have noticed that two men riding in tandem on a motorcycle seemed to be following them. When the Labasans reached Baranggay San Roque, the men who were following them flagged them down and ordered them to stop. Bonifacio did not stop their motorcycle and the men instead overtook them, forcing them to stop.

One of the men, who was described by Lanie as tall and fair-skinned, approached Bonifacio and ordered him to come with them. Bonifacio refused to go with the men and asked them why they were taking him since he did not know any of the men and he didn’t have anything against them. Since Bonifacio refused to dismount from his motorcycle, the tall man pulled an object wrapped with a handkerchief from his waist and pointed it at Bonifacio.

Lanie saw that the man was pointing a gun at his father and pleaded him to not to hurt her father. The man suddenly shot Bonifacio on his right side. When Bonifacio fell, the man moved closer and again shot Bonifacio in the head, killing him. The two men immediately left on board their motorcycle.

Lanie began shouting for help after the men left. Two policemen arrived at the scene after almost an hour. The police interviewed the daughter and brought her back home, and said that they won’t move the body while conducting an investigation.

Prior to the killing, on March 8, Bonifacio told Lanie that he felt that he was being watched but he didn’t give it much importance.

Bonifacio was active in Dagami’s campaign against the bio-ethanol project in Isabela, which will affect thousands of hectares of agricultural lands in the province; it will mean displacement of thousands of farmers from their farms. The proposal to construct a bio-ethanol plant in the province is being supported by the provincial government.

Recommended Action:

Send letters, emails or fax messages calling for:

The immediate formation of an independent fact-finding and investigation team composed of representatives from human rights groups, the Church, local government, and the Commission on Human Rights that will look into the killing of Bonifacio Labasan.

The military to stop the labeling and targeting of human rights defenders as “members of front organizations of the communists” and “enemies of the state.”

The Philippine Government to withdraw its counterinsurgency program Oplan Bayanihan, which victimizes innnocent and unarmed civillians

The Philippine Government to be reminded that it is a signatory to the Universal Declaration of Human Rights and that it is also a party to all the major Human Rights instruments, thus it is bound to observe all of these instruments’ provisions.

Protection for Lanie as she is the witness to this murder; as well as protection for the family.

You may send your communications to:

H.E. Benigno C. Aquino III
President of the Republic
JP Laurel St., San Miguel
Manila Philippines
Voice: (+632) 564 1451 to 80
Fax: (+632) 742-1641 / 929-3968
E-mail: corres@op.gov.ph / opnet@ops.gov.ph

Sec. Teresita Quintos-Deles
Presidential Adviser on the Peace Process
Office of the Presidential Adviser on the Peace Process (OPAPP)
7th Floor Agustin Building I
Emerald Avenue
Pasig City 1605
Voice:+63 (2) 636 0701 to 066
Fax:+63 (2) 638 2216
osec@opapp.gov.ph

Ret. Lt. Gen. Voltaire T. Gazmin
Secretary, Department of National Defense
Room 301 DND Building, Camp Emilio Aguinaldo,
E. de los Santos Avenue, Quezon City
Voice:+63(2) 911-9281 / 911-0488
Fax:+63(2) 911 6213
Email: osnd@philonline.com

Atty. Leila De Lima
Secretary, Department of Justice
Padre Faura St., Manila
Direct Line 521-8344; 5213721
Trunkline  523-84-81 loc.214
Fax: (+632) 521-1614
Email:  soj@doj.gov.ph

Hon. Loretta Ann P. Rosales
Chairperson, Commission on Human Rights
SAAC Bldg., UP Complex
Commonwealth Avenue
Diliman, Quezon City, Philippines
Voice: (+632) 928-5655, 926-6188
Fax: (+632) 929 0102
Email: chair.rosales.chr@gmail.com, lorettann@gmail.com

Please send us a copy of your email/mail/fax to the above-named government officials, to our address below.

URGENT ACTION Prepared by:
KARAPATAN
urgentaction@karapatan.org

Rights, church groups bring case of killing of botanist to the UN

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The families of the victims and their supporters have expressed fear of a possible whitewash with the report of the Department of Justice and National Bureau of Investigation clearing the military of any responsibility.

By RONALYN V. OLEA
Bulatlat.com [1]

MANILA – Human rights groups in the Philippines filed a complaint against the Philippine government for the killing of botanist Leonard Co and two others before the United Nations, March 14. The groups also called the attention of the international community on the ongoing trial of the Maguindanao massacre and continuing human rights violations under the new administration.

Co, Sofronio Cortez and Julius Borromeo were killed on November 15, 2010 while conducting a research inside the Energy Development Corporation (EDC) compound in Kananga, Leyte. A survivor, Ronino Gibe and other witnesses pointed to the elements of the 19th Infantry Battalion of the Philippine Army as perpetrators [2].

Members of the Ecumenical Voice for Peace and Human Rights in the Philippines (Ecumenical Voice) handed over the complaint of scientist group Agham (not the party list) to the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions Christof Heyns. Co was a member of Agham. The group also submitted a copy of the report [3] of an independent fact finding mission on the incident.

Agham urged Heyns to investigate the killing of Co, Cortez and Borromeo, “up to and including all levels of the military command concerned with their shooting.” The families of the victims and their supporters have expressed fear of a possible whitewash with the report of the Department of Justice [4] and National Bureau of Investigation clearing the military of any responsibility.

According to Karapatan, the killings of Co, Cortez and Borromeo were among the first 30 cases of extrajudicial killings committed under the administration of President Benigno Aquino III.

Members of the Ecumenical Voice went to Geneva, Switzerland for the 16th session of the United National Human Rights Council. The delegation is headed by Philippine Independent Church Bishop Bishop Felixberto Calang and Marie Hilao Enriquez, Karapatan chairwoman.

Maguindanao Massacre, Mindanao Killings

In an oral statement, Calang, also of the Initiatives for Peace in Mindanao (InPeace Mindanao), highlighted the “slow pace of the trial on the Maguindanao massacre” and cases of extrajudicial killings in Mindanao.

Calang expressed concern over the conduct of the prosecution in the Maguindanao massacre. The massacre of November 23, 2009 claimed the lives of 58 individuals, including 32 journalists and two lawyers. Members of an alleged warlord political family in Maguindanao province are suspected to be the perpetrators.

“The victims’ kin are apprehensive of attempts to bribe witnesses and prosecutors in apparent moves to weaken the ongoing legal case against the powerful Ampatuan family. The victims’ families complain of the slow pace of the judicial processes while witnesses remain unprotected and some have already been killed,” Calang said.

Calang called on the UN Human Rights Council to monitor the prosecution of the accused in the Maguindanao massacre. He also urged the international community to call for the adequate protection of witnesses and for a speedy and public trial of the case.

Calang’s statement was read by Ephraim Cortez of the National Union of Peoples’ Lawyers (NUPL) during the general debate on Item 3 at the 16th session of the UN Human Rights Council.

Calang also said that of the 1,206 documented cases of extrajudicial killings in the Philippines under former president Gloria Macapagal-Arroyo, 375 of the victims were from Mindanao. He cited the recent murder of B’laan chieftain Rudy Dejos [5] and his son Rody Rick in Sta. Cruz, Davao del Sur and the killing of Benjamin Bayles [6] , a member of the Philippine Independent Church. Calang said the incidents “show that extrajudicial killings continue under the prevailing climate of impunity in the country.”

Other members of the Ecumenical Voice are Dr. Merry Mia Clamor, one of the Morong 43, Cristina Palabay of Karapatan; Girlie Padilla of the Ecumenical Movement for Justice and Peace and Rhonda Ramiro of Bagong Alyansang Makabayan-USA chapter. (http://bulatlat.com)

Philippine Human Rights NGO’s bring to the attention of the UN the human rights situation of the country

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Geneva, Switerland March 11, 2011 – The Ecumenical Voice for Peace and Human Rights Philippines (EcuVoice), an ecumenical delegation of Philippine human rights organizations for the defense and promotion of human rights, today brought to the attention of the United Nations Human Rights Council the continuing human rights violations and the continuing impunity in the country under Pres. Benigno “Noynoy” Aquino, as the council conducts its 16th Regular Session this March 2011 in Geneva, Switzerland.

The delegation is headed by Philippine Independent Church Bishop Felixberto Calang and Karapatan Chairperson Marie Hilao Enriquez.

Speaking in the general debate on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, Cristina Palabay of Karapatan and the Asia Pacific Forum on Women, Law and Development (APWLD) expressed concern on the 40 cases of extra-judicial killings, 5 disappearances, illegal arrests and detention of 27 individuals from July 2010 to February 2011.

In her oral statement, she asserted that these cases indicate that the “vilification campaign against human rights defenders and the filing of fabricated charges against those who are being tagged as the government’s enemies in the context of implementing counter-insurgency programs such as the newly crafted Oplan Bayanihan of the Aquino government, continue.”

“There was no let-up in the spate of human rights violations from the Pres. Arroyo to the current government. Not one case under the Arroyo government has been rendered justice, not one perpetrator has been brought to jail,” said Palabay.

She cited cases concerning attacks against human rights defenders Benjie Bayles, who was shot dead on June 14, 2010, Benjaline Hernandez killed in 2002, and the case of Eden Marcellana and Eddie Gumanoy both killed in 2003. She also mentioned the military raid of the provincial office of Karapatan which occurred during the incumbency of President Benigno Aquino. In that raid, four human rights workers were illegally arrested and detained.

Geneva-based Franciscans International, in a joint statement, also expressed concern on the killings of human rights defenders in the Philippines. The international organization expressed that “enforced or involuntary disappearances were practices that often went hand in hand with extrajudicial killings and torture, the main targets were political and community activists who had criticized government policies.”

Bishop Calang, Enriquez and Palabay were joined in the EcuVoice delegation by Dr. Merry Mia Clamor, one of the Morong 43 health workers illegally arrested and detained in February last year; Atty. Ephraim Cortez of the National Union of People’s Lawyers, Girlie Padilla of the Ecumenical Movement for Justice and Peace, and Rhonda Ramiro of the San Francisco Committee on Human Rights in the Philippines. Clamor, Cortez and Padilla are set to deliver their oral statements on March 14.

The delegation also met with and briefed foreign missions, international organizations and United Nations Special Rapporteur on Human Rights Defenders Margaret Sekkagya on the worsening human rights situation in the country under Aquino. Padilla and Cortez also spoke in the delegation’s side event co-sponsored with the International Movement Against Discrimination and Racism (IMADR) where they highlighted the cases of enforced disappearances under Aquino. #

Desaparecidos: Prosecution on Burgos case should go up to Gloria Macapagal Arroyo

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Reference: Mary Guy Portajada, Secretary General
09175415133/4342837

“We hope that through this, justice will come swiftly,” Pamilya ng Desaparecidos para sa Katarungan (Families of Desaparecidos for Justice) or Desaparecidos  say as they welcomed the Commission on Human Rights’ investigative report and recommendations on the case of Jonas Burgos.

Jonas Burgos is an agriculturist who taught organic farming among peasants in Bulacan. He was abducted allegedly by the Philippine Army on April 28, 2007 in a mall along Commonwealth Ave. in Quezon City. Jonas is the son of a prominent Martial Late press freedom fighter Joe Burgos.

At the same time the organization of families of victims of enforced disappearances reminds the public that there are still a number of similar cases petitioned for Writ of Amparo pending before the Supreme Court. Portajada cited the cases of Sherlyn Cadapan and Karen Empeño – the two missing University of the Philippines students, Romulo Robiños and Leo Velasco among others. “We are hoping that the respective courts and government agencies follow suit and come out with favourable responses on the said cases.”

Moreover, Portajada criticized AFP Chief of Staff Lt. Gen. Eduardo Oban Jr.’s order of creating a technical panel to study the CHR report. “The AFP should immediately comply with the CHR recommendations, instead of creating a technical panel to study the findings. It took four long years for a government agency to come out with favourable findings on the Burgos case, we don’t want to add more and lengthen the process by undue processes that would only delay the serving of justice to victims.”

Portajada also warns the public, that even if the prosecution of 1st Lt. Harry Baliaga of the Army’s 56th Infantry Battalion will proceed, without the Philippine Congress’ passage of the Anti-Enforced Disappearance Bill, all will be in vain.

Baliaga was identified by witnesses in their testimonies as the “principal by direct participation” on the abduction of Jonas Burgos.

According to the Desaparecidos, Baliaga can only be liable for Kidnapping and NOT for the crime of enforced disappearance.

Portajada explains the difference between the two crimes, “Kidnapping is illegally seizing a person by force and against his will; it also involves the use of ransom for the surfacing of the illegally detained person. This eliminates the political motive of the state forces to disappear a person. While with enforced disappearance, a person is disappeared for political reasons by state security forces; thus both state security forces and the commander in chief will be held responsible. This would mean that, even former president Gloria Macapagal Arroyo can be held liable for Jonas’ disappearance and even that of other victims.”

“The CHR report might be a welcoming development. Yet, until victims remain to be missing, and masterminds of enforced disappearances are still free, we will continue to be vigilant and our cry for justice will remain.”#

KARAPATAN Alliance for the Advancement of People’s Rights