Showing posts with label AHRC-HK. Show all posts
Showing posts with label AHRC-HK. Show all posts

Wednesday, June 09, 2010

Wednesday, April 23, 2008

Surveillance Continues Against An Activist Allegedly By Military - AHRC

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information from the Center for Trade Union and Human Rights (CTUHR) that an activist has continuously been under surveillance allegedly by the military. After having his case reported police authorities have conducted an inquiry about his current situation but they failed to provide him any protection.

UPDATE INFORMATION: (based on information received from Center for Trade Union and Human Rights (CTUHR))

As earlier reported in our previous appeal, Dante F. Senillo has since been receiving serious threats from the military in Ormoc City, Leyte since April 2004. He, however, was afraid to report to the police as he believes the military may come to know of his whereabouts instead. (See further AHRC-UAC-044-2008).

According to the information newly obtained, two police officers, one of whom identified as Sergeant Bereso, had visited his house at around 1pm on 4 April 2008. The officers told him that they have received a letter regarding his situation. They also asked him some questions about his current situation. They asked him whether he is still experiencing harassments from the 19th Infantry Battalion (IB) presently and that he had witnesses to prove the incidents regarding the threats mentioned in the copy of letter they had.

They also questioned him about his current job; when he started affiliating with the National Federation of Labour Union -Kilusang Mayo Uno (NAFLU-KMU) and whether he is still actively communicating with the said federation, amongst others. However, there has not been any actual assistance or adequate protection provided to him so far.

Meanwhile, at around 9:45am on April 9, Dante took a ride on a van going to Isabel, Leyte to attend the monthly board meeting of NAFLU-KMU. He arrived in Barangay Libertad, Isabel around 11am. As he entered the Gate 2 of Philphos Company, he noticed someone had been following him. Upon reaching the canteen inside the premises of the company, the man whom Dante suspected following him, had approached.

The man then asked Dante some dubious questions like where he is going, what his job is and what he is doing in that company. According to Dante, the man was wearing a short and fatigue shirt with the abbreviation PA printed on it, which means Philippine Army.

At exactly 12:30, the company bus service came to pick up the company employees who were waiting in the bus stop. He rode on the bus and went to the union office. However, he was not sure if the man who approached him also followed him on the bus up to his destination.

BACKGROUND INFORMATION:

The high number of extrajudicial killings in the Philippines is a result from far higher level of threats and intimidation on the human rights defenders in the Philippines. Killings and threats to the human rights defenders in fact reflect that fear is manifested in the society and the government rules people by fear. Many times, the victims who receive serious threats from the military or police do not report their cases to any government authorities fearing that their location would be exposed. The circle of serious threats often ends only after a victim is arrested or killed. (See further: AHRC-UAU-011-2008, AHRC-UAC-010-2008)

In the Philippines, policemen are seen as adversaries by the activists for having been involved in carrying attempts on their lives and for their inaction in affording them any form of protection. Often, when an activist faces and receives threats to his or herself, going to police station and concerned authorities is not an option. They rather take upon themselves any arrangement for protection.

The AHRC has in recent times has expressed serious concerns over the continuing violence and the lack of protection to activists facing threats in the Philippines. Please refer to AHRC-STM-016-2008, AHRC-STM-014-2008, AHRC-STM-009-2008, AHRC-STM-007-2008.

Regarding hindrances and difficulties for a victim to get justice are described in the chapter on the Philippines in 2007 country report of the AHRC.

SUGGESTED ACTION:Please write letters to the government authorities urging them to investigate this continuing surveillance allegedly by military against Dante.

Saturday, March 29, 2008

Justifying Murder Of Criminals Endorses Murder Itself

From March 18 to 22, seven alleged criminals were killed, including a 16-year-old boy, in separate shooting incidents reportedly perpetrated by men riding on motorcycles in General Santos City, the Asian Human Rights Commission said.

It said the police and the city's mayor quickly announced that the killings could have been the result of a conflict within the group of criminals themselves given that they all have criminal records. Mayor Pedro Acharon Jr. was quoted to have told a local television station: "Iniisip namin baka sila, kasi nag-o-onsehan na eh (We think they themselves are killing each other)".

One of the victims, 16-year old Rolim Dagano, was reported to have also been included in the supposed "list" of persons allegedly involved in the theft of motorcycles.

Prior to this targeted killings, murders of motorcyclists and the subsequent theft of their motorcycles has continue unabated—at least ten were reported in January this year alone. Rolim's previous records of theft were also mentioned by the police, apparently to illustrate his supposed connections in criminal acts, prior to concluding their investigation.

However, apart from Rolim, the remainder of the victims were not reported to have been in the supposed list of criminals. Before these murders took place, the city's police chief, Senior Superintendent Robert Po, issued orders to his field commanders demanding that they "dismantle" the group of criminals involved in the theft of motorcycles.

It was after this demand by Po that these murders started taken place. Incidents of victims who are killed inside their residence in the presence of their relatives, outside a chapel and even places close to their residence have taken place. All the perpetrators have gone unidentified and unpunished for these murders.

There were sweeping allegations and immediate conclusions justifying these murders but the police and the city's mayor has not given any reasonable explanations why they themselves had to justify these murders and why this class of people must be, and deserves to be killed. When crimes are committed it is the obligation of the police to investigate and discover those who are responsible. Whether or not the murder victim had a criminal record is no justification for not carrying out a legitimate investigation. Murder is a criminal act and it is the duty of the police to hold those responsible to account.

By failing to do so, they have already denied the victims' families of any remedies, particularly of knowing the circumstances of their loved ones' death. The claims of their relatives that their loved ones were not criminals, were never involved in any criminal activity and might have been killed by mistake are no longer looked into.

The murder of alleged criminals also buries any possibility for them to defend themselves.

Additionally, such killings also force the families of the victim to live with the stigma of one of their deceased member being branded as a criminal. It deprives them of equality before the law and equal protection of the law because the law enforcement authorities and the local officials have themselves justified these murders. They have already concluded they were nothing but "war amongst criminals".

Justifying these murders has given blanket impunity to the perpetrators who continuously shot their targets dead in open public. The police and the city's mayor act by prematurely concluding the reasons for these murders, thereby diluting the notion that the police authorities have a responsibility to investigate all crimes and to punish the offenders.

They have abandoned these fundamental responsibility in protecting the lives of every citizen by not carrying out adequate action to ensure that no one is arbitrarily deprived of his life—whether he or she is a criminal or not.

If, as the police and the mayor have pointed out it is in fact ‘gang warfare’ then the authorities should have a starting point for their investigations. They should be able to find enough information to identify, arrest and charge the perpetrators in court; however, no one in these "groups" have so far been charged for these murders. Thus the credibility of the police and their alleged complicity into these murders by their failure to take action should be looked into.

The police should give explanation on the existence of the reported list and how they came about it. Is the listing of persons as alleged criminals involved in motorcycle thefts a sanction to murder them?, asked the AHRC.

AHRC is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.

Friday, March 28, 2008

Jailed For A Decade Without Justice

MANILA, Philippines - In June 1996, five men were arrested at random for the murder of an influential police colonel and intelligence officer during the Marcos regime, called Rolando Abadilla.

They were brutally tortured while in police custody. Three years later they were convicted, and sentenced to capital punishment.

However since January 2000, the appellate review on the sentence imposed by the lower court – which could have been decided with finality – unnecessarily drags on. For five years it was left with the Supreme Court (SC) without decision; and later the Court of Appeals (CA) took over the case. Nearly three years on and with nine justices appointed to handle the case, still they have failed to complete the review.

The five prisoners have been in jail at the New Bilibid Prison in Muntilupa City. One of the prisoners has a worsening medical condition. The appellate review is currently pending with the ninth judge, Justice Agustin Dizon, who is also retiring on June 27, 2008.

So far there is no substantial progress yet that the CA will act promptly to conclude the review of their sentence.

This case illustrates how miserable lives of prisoners could become due to excessive court delays and the reality of how oddly the system of justice functions in the Philippines, according to the Asian Human Rights Commission.