Alleged extrajudicial killing/ Risk of impunity

TheInternational Secretariat of the World Organisation Against Torture (OMCT)requests your URGENT intervention inthe following situation in the Philippines.

Brief description ofthe situation

The International Secretariatof OMCT has been informed by the Task Force Detainees of the Philippines(TFDP), a member of OMCT SOS-Torture Network, about the killing of Mr. Nicanor Herrera Mariano, a 46-year-oldfarmer from Sitio Suapong, as a result of a shooting by members of thePhilippine Army (PA), believed to be from the 56th InfantryBattalion[1].His son, Mr. Norman Esquibel Mariano,18 years old, was reportedly severely injured during the events, which occurredin Doña Remedios Tirinidad, in Bulacan Province.

According to the informationreceived, on 18 July 2011, Mr. Nicanor Herrera Mariano and his son, Mr. Norman Esquibel Mariano, along with Ms. Florita VercelesEsquibel (respectively Mr. Nicanor Herrera Mariano’s mother and Mr. Norman EsquibelMariano’s grand-mother), went to Sitio Batong Munti, in Barangay (village)Camachili to do “Kaingin” (an old practice of burning trees for cultivation andto produce charcoal). The three stayed there overnight. At around 4:30 am on 19 July 2011, they werereportedly awakened by blaring sounds caused by several gunshots fired at thenipa hut (an indigenous house used in the Philippines), where they were sleeping. Ms. Florita Verceles Esquibelreportedly shouted that civilians were in the hut and urged to stop theshooting. After a soldier asked them to get out of the hut, she went out andsaw around 20 armed soldiers in full battle gear. The soldiers reportedly thenasked where her companions were and she responded that they were inside. On theorder of the soldiers, Mr. Norman Esquibel Mariano managed to get out of thehut with the help of his grand-mother despite gunshot wounds, but his father,Mr. Nicanor Herrera Mariano, did not move. The soldiers immediately approachedMr. Norman Esquibel Mariano and an unidentified army officer reportedly toldMs. Florita Verceles Esquibel that her grandson was a member of the NewPeople’s Army (NPA), which she denied. She explained that they are farmers andthey were on the mentioned site for the “Kaingin”. At the same time, one of thesoldiers went inside the hut and reported that Mr. Nicanor Herrera Mariano wasdead. The soldiers then reportedly instantly pointed their automatic rifles tothe air and started to fire for about one minute.

According to the same information received, Ms.Florita Verceles Esquibel was only allowed to leave the place around threehours after the shooting occurred, and without her grandson, whom the army keptunder their custody. She went to search for help but the Barangay officials wererefused access to the site by the soldiers. It is reported that the soldiersonly brought Mr. Norman Esquibel Mariano to the hospital at around 5:00 pm that same day. He was later transferred toFort Bonifacio General Hospital, which is located inside an army camp in Taguig City, without the consent of the family. Hestayed there a few days before he was transferred to East Avenue Medical Center in Quezon City. He would be no longer under militarycustody.

The International Secretariat of OMCT is gravelyconcerned about the aforementioned events which resulted in the killing of Mr. Nicanor HerreraMariano, and injuring his son,Mr. Norman EsquibelMariano. OMCT recalls to the Philippines authorities that they have to fulfil theirobligations under international human rights law to protect the right to lifeand to bringing to justice those responsible for violating this right.

OMCT urges thecompetent authorities to carry out a prompt, effective, thorough, independent and impartialinvestigation into the aforementioned events, in particular thekilling of Mr. Nicanor Herrera Mariano, the result of which must be madepublic, in order to bring those responsible before a competent, independent andimpartial tribunal and apply penal, civil and/or administrative sanctions asprovided by law.

OMCT isalso gravely concerned about the safety of Mr.NicanorHerrera Mariano’s family, and calls onthe competent authorities to guarantee, in all circumstances, itsphysical and psychological integrity.

Actions Requested

Please write to theauthorities in the Philippines urging them to:

i. Guarantee,in all circumstances, the physical and psychological integrity of Mr. Nicanor HerreraMariano’s family;

ii. Carry out aprompt, effective, thorough, independent and impartial investigation intothe aforementioned events, in particular the killing of Mr. Nicanor Herrera Mariano, the result of which must be made public,in orderto bring those responsiblebefore a competent, independent and impartial tribunal and apply penal, civiland/or administrative sanctions as provided by law;

iii. Ensure that adequate, effective and promptreparation, including adequate compensation, is granted to the victim’s family;

iv. Guaranteethe respect of human rights and the fundamental freedoms throughout the countryin accordance with national laws and international human rights standards.

Addresses

Ø H.E. Benigno S. Aquino III, President of the Republic of the Philippines,Malacaang Palace, JP Laurel St., San Miguel, Manila, Philippines, Fax: (+632) 736 1010, E-mail: corres@op.gov.ph / opnet@ops.gov.ph

Ø Sec. Teresita Quintos-Deles, Presidential Adviser onthe Peace Process, Office of the PresidentialAdviser on the Peace Process (OPAPP), 7thFloor Agustin Building I, Emerald Avenue,Pasig City 1605, Fax:+63 (2) 638 2216, E-Mail Address: feedback@opapp.net

Ø Ret. Lt. Gen. Voltaire T. Gazmin, Secretary,Department of National Defense, Room 301 DNDBuilding, Camp Emilio Aguinaldo, E. de losSantos Avenue, Quezon City, Fax:+63(2) 911 6193, Email:osnd@philonline.com

Ø Atty. Leila M. De Lima, Secretary, Department ofJustice, Padre Faura St., Manila, Direct Line 521-8344; 5213721, Trunkline 523-84-81 loc.214, Fax: (+632) 523-9548, Email: doj.delima@gmail.com

Ø Hon. Loretta Ann P. Rosales, Chairperson, Commission on Human Rights, SAACBldg., UP Complex, Commonwealth Avenue, Diliman,Quezon City, Philippines, Fax: (+632) 929 0102, Email:crosales.chr@gmail.com

Ø Permanent Missionof the Philippines to the United Nations in Geneva, 47 Avenue Blanc, 1202Geneva, Switzerland, Fax: +41 22 716 1932, Email: mission.philippines@ties.itu.int

Please also write to the embassies of the Philippines in your respective country.

***

Geneva, 27 July 2011

Kindly inform us of any action undertaken quoting thecode of this appeal in your reply.

[1] The 56th Infantry Battalion is based in Bulacan Province.