Philippines
18.11.04
Urgent Interventions
Philippines : Alleged arbitrary arrest, ill-treatment and incommunicado detention of ten citizens
Case PHL 181104
Arbitrary arrest/Ill-treatment/ Incommunicado detention
The International Secretariat of OMCT requests your URGENT intervention in the following situation in the Philippines.
Brief description of the situation
The International Secretariat of OMCT has been informed by KARAPATAN, a member of the OMCT network, of the alleged arbitrary arrest, ill-treatment and incommunicado detention of ten citizens: Danilo Mayo, Mary Ann Vibat, Ronnie Ferrer, Marichu Cataquiz, Paterno Atienza, Precy Balmes, Christopher Malabanan, Rufino Arante Tabares, Lijan Gunmay and Analiza Espiritu, in San Felipe, Cuenca, Batangas, in the Philippines.
According to the information received, on 6 November 2004, at around 6:00am, the ten before mentioned citizens were on there way on an orange service jeep from Barangay Sirang Lupa, Calamba City, Laguna (Barangay is the smallest local governmental unit in the Philippines) with the license plate number SEJ 961. The orange service jeep coming from Abra de Ilog, Mindoro Occidental was aboard a RORO (Roll-On, Roll Off boat) on its way to Batangas.
At around 7:00 am, Danilo Mayo’s wife received a text message from her husband that stated that they were aboard the boat. Danilo Mayo also text messaged Sirang Lupa Barangay Captain Lauro Rodriguez, the official custodian of the service jeep, informing him that they were aboard and on their way back. A few hours later, the Barangay Captain tried to contact Danilo Mayo and his cellular phone rang with no answer. Because Mayo’s phone went unanswered and the people were not heard from, the group was reported missing.
Allegedly on 7 November 2004, the human rights group KARAPATAN conducted a Quick Reaction Team (QRT) search to locate the missing people. The barangay service jeep was reportedly found in front of the Philippine National Police (PNP) station Barangay Ibabo, Cuenca, Batangas. The police reportedly found the jeep abandoned in the middle of the road in Barangay Ibabao after resident reported it abandoned.
Also according to the information, on 8 November 2004, a Fact-Finding Mission (FFM), established by KARAPATAN, at the Batangas Pier and in Nasugbo, Batangas, confirmed the records of the Philippine Coast Guard that the service jeep had traveled to Abra de Ilog, Mindoro Occidental on 5 November 2004 and returned to Batangas City on board Montenegro Lines on 6 November 2004 at 6:00am. The FFM also confronted the 740th Combat Group headquartered in Barangay Malitlit, Lipa City, Batangas, about the missing people. Military officials reportedly denied having the ten individuals in custody.
According to the information provided, on 9 November 2004 reports were gathered from some residents of Barangay San Felipe, who stated that they witnessed the happenings on 6 November 2004. The witnesses stated that the orange service jeep was blocked by a red Tamarraw jeep in the middle of the road. Tall men reportedly wearing hoods, white shirts, ammo pouches, and holsters exited their vehicle that now blocked the service jeep containing the ten people. Two other vehicles parked nearby, one avocado-colored and the other CRV-Revo. The vehicles had been in the area for at least an hour as reported by witnesses.
According to the witnesses, the armed men forced the service jeeps occupants out of the vehicle and transferred them to the awaiting vehicles. Those who resisted were struck in the stomach, kicked, and had their arms twisted behind their backs. While this occurred the armed men pointed their rifles at the civilians who were nearby or traveling on the road. Allegedly the Revo had a red plate with no numbers on it, but only the phrase “FOR OFFICIAL USE ONLY”. The three vehicles exited the scene in the direction of Lipa, Batangas.
Residents of Barangay Ibabao also reportedly witnessed, at 10:00am that same day, a black van followed by a orange barangay service jeep which parked in the middle of the road. Two men exited the black van and spoke to the driver of the orange barangay service jeep. All three of the men then reportedly left together in the black van, abandoning the jeep. Witnesses believed that the abductors of the ten people were soldiers.
The jeep, according to the information, was abandoned to the local police by residents between 6:00 and 7:00am on the following day, 7 November 2004. The vehicle was then towed to the police station at 3:00pm on the same day. The police found the cellular phone number of the custodian of the jeep, Barangay Captain of Sirang Lupa, and contacted him about the whereabouts of the jeep.
On 9 November 2004 it is reported that the FFM team proceeded their fact-finding at the Fernando Airbase where they demanded that the officials surface the 10 individuals that were abducted in San Felipe. One man who introduced himself as Sgt. Atienza told the group to leave because the people they were looking for were not there and then proceeded to ask the group if they had a permit to hold protest action in front of the airbase. But, one man later introducing himself as Bong Pineda claiming himself to be the official civilian representative of the airbase, stated that nine of the people had already been charged with murder and illegal possession of firearms. Finally, a Rosel Babal told the FFM team that the victims had been transferred to Fort Bonifacio.
Two different media sources reportedly aired in the afternoon of that same day, that nine rebels of the New People’s Army including its top-ranking official based from Mindoro Island had been captured. This report was allegedly based off of the military’s reports. However, the military list did not include some of the people included in the KARAPATAN list of victims. Those not included were the names of Precy Balmes, Analiza Espiritu and Christopher Malabanan.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Danilo Mayo, Mary Ann Vibat, Ronnie Ferrer, Marichu Cataquiz, Paterno Atienza, Precy Balmes, Christopher Malabanan, Rufino Arante Tabares, Lijan Gunmay and Analiza Espiritu, as their whereabouts remain unknown, giving rise to fears that they may be subjected to ill-treatment, torture or potentially extra-judicial execution. OMCT calls on the authorities to immediately locate the whereabouts of these people, guarantee their personal integrity at all times and order their release in the absence of legal charges that are consistent with international law and standards or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times. Furthermore, OMCT calls on the authorities to launch prompt, thorough and impartial investigations into the circumstances of this event in order to find those responsible for any violations of human rights and to bring them to justice.
Action requested
Please write to the authorities in the Philippines urging them to:
i. immediately locate the whereabouts of Danilo Mayo, Mary Ann Vibat, Ronnie Ferrer, Marichu Cataquiz, Paterno Atienza, Precy Balmes, Christopher Malabanan, Rufino Arante Tabares, Lijan Gunmay and Analiza Espiritu
ii. take all measures necessary to guarantee their physical and psychological integrity;
iii. order their immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iv. order a thorough and impartial investigation into the circumstances of this event in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses:
Please also write to the embassies of the Philippines in your respective country.
Geneva, 18 November 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrest/Ill-treatment/ Incommunicado detention
The International Secretariat of OMCT requests your URGENT intervention in the following situation in the Philippines.
Brief description of the situation
The International Secretariat of OMCT has been informed by KARAPATAN, a member of the OMCT network, of the alleged arbitrary arrest, ill-treatment and incommunicado detention of ten citizens: Danilo Mayo, Mary Ann Vibat, Ronnie Ferrer, Marichu Cataquiz, Paterno Atienza, Precy Balmes, Christopher Malabanan, Rufino Arante Tabares, Lijan Gunmay and Analiza Espiritu, in San Felipe, Cuenca, Batangas, in the Philippines.
According to the information received, on 6 November 2004, at around 6:00am, the ten before mentioned citizens were on there way on an orange service jeep from Barangay Sirang Lupa, Calamba City, Laguna (Barangay is the smallest local governmental unit in the Philippines) with the license plate number SEJ 961. The orange service jeep coming from Abra de Ilog, Mindoro Occidental was aboard a RORO (Roll-On, Roll Off boat) on its way to Batangas.
At around 7:00 am, Danilo Mayo’s wife received a text message from her husband that stated that they were aboard the boat. Danilo Mayo also text messaged Sirang Lupa Barangay Captain Lauro Rodriguez, the official custodian of the service jeep, informing him that they were aboard and on their way back. A few hours later, the Barangay Captain tried to contact Danilo Mayo and his cellular phone rang with no answer. Because Mayo’s phone went unanswered and the people were not heard from, the group was reported missing.
Allegedly on 7 November 2004, the human rights group KARAPATAN conducted a Quick Reaction Team (QRT) search to locate the missing people. The barangay service jeep was reportedly found in front of the Philippine National Police (PNP) station Barangay Ibabo, Cuenca, Batangas. The police reportedly found the jeep abandoned in the middle of the road in Barangay Ibabao after resident reported it abandoned.
Also according to the information, on 8 November 2004, a Fact-Finding Mission (FFM), established by KARAPATAN, at the Batangas Pier and in Nasugbo, Batangas, confirmed the records of the Philippine Coast Guard that the service jeep had traveled to Abra de Ilog, Mindoro Occidental on 5 November 2004 and returned to Batangas City on board Montenegro Lines on 6 November 2004 at 6:00am. The FFM also confronted the 740th Combat Group headquartered in Barangay Malitlit, Lipa City, Batangas, about the missing people. Military officials reportedly denied having the ten individuals in custody.
According to the information provided, on 9 November 2004 reports were gathered from some residents of Barangay San Felipe, who stated that they witnessed the happenings on 6 November 2004. The witnesses stated that the orange service jeep was blocked by a red Tamarraw jeep in the middle of the road. Tall men reportedly wearing hoods, white shirts, ammo pouches, and holsters exited their vehicle that now blocked the service jeep containing the ten people. Two other vehicles parked nearby, one avocado-colored and the other CRV-Revo. The vehicles had been in the area for at least an hour as reported by witnesses.
According to the witnesses, the armed men forced the service jeeps occupants out of the vehicle and transferred them to the awaiting vehicles. Those who resisted were struck in the stomach, kicked, and had their arms twisted behind their backs. While this occurred the armed men pointed their rifles at the civilians who were nearby or traveling on the road. Allegedly the Revo had a red plate with no numbers on it, but only the phrase “FOR OFFICIAL USE ONLY”. The three vehicles exited the scene in the direction of Lipa, Batangas.
Residents of Barangay Ibabao also reportedly witnessed, at 10:00am that same day, a black van followed by a orange barangay service jeep which parked in the middle of the road. Two men exited the black van and spoke to the driver of the orange barangay service jeep. All three of the men then reportedly left together in the black van, abandoning the jeep. Witnesses believed that the abductors of the ten people were soldiers.
The jeep, according to the information, was abandoned to the local police by residents between 6:00 and 7:00am on the following day, 7 November 2004. The vehicle was then towed to the police station at 3:00pm on the same day. The police found the cellular phone number of the custodian of the jeep, Barangay Captain of Sirang Lupa, and contacted him about the whereabouts of the jeep.
On 9 November 2004 it is reported that the FFM team proceeded their fact-finding at the Fernando Airbase where they demanded that the officials surface the 10 individuals that were abducted in San Felipe. One man who introduced himself as Sgt. Atienza told the group to leave because the people they were looking for were not there and then proceeded to ask the group if they had a permit to hold protest action in front of the airbase. But, one man later introducing himself as Bong Pineda claiming himself to be the official civilian representative of the airbase, stated that nine of the people had already been charged with murder and illegal possession of firearms. Finally, a Rosel Babal told the FFM team that the victims had been transferred to Fort Bonifacio.
Two different media sources reportedly aired in the afternoon of that same day, that nine rebels of the New People’s Army including its top-ranking official based from Mindoro Island had been captured. This report was allegedly based off of the military’s reports. However, the military list did not include some of the people included in the KARAPATAN list of victims. Those not included were the names of Precy Balmes, Analiza Espiritu and Christopher Malabanan.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Danilo Mayo, Mary Ann Vibat, Ronnie Ferrer, Marichu Cataquiz, Paterno Atienza, Precy Balmes, Christopher Malabanan, Rufino Arante Tabares, Lijan Gunmay and Analiza Espiritu, as their whereabouts remain unknown, giving rise to fears that they may be subjected to ill-treatment, torture or potentially extra-judicial execution. OMCT calls on the authorities to immediately locate the whereabouts of these people, guarantee their personal integrity at all times and order their release in the absence of legal charges that are consistent with international law and standards or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times. Furthermore, OMCT calls on the authorities to launch prompt, thorough and impartial investigations into the circumstances of this event in order to find those responsible for any violations of human rights and to bring them to justice.
Action requested
Please write to the authorities in the Philippines urging them to:
i. immediately locate the whereabouts of Danilo Mayo, Mary Ann Vibat, Ronnie Ferrer, Marichu Cataquiz, Paterno Atienza, Precy Balmes, Christopher Malabanan, Rufino Arante Tabares, Lijan Gunmay and Analiza Espiritu
ii. take all measures necessary to guarantee their physical and psychological integrity;
iii. order their immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iv. order a thorough and impartial investigation into the circumstances of this event in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses:
- H.E. Gloria Macapagal-Arroyo, President of the Republic of the Philippines, Malacañang Palace, J.P. Laurel St., San Miguel, Manila, Philippines
Voice: (+632) 564 1451 to 80 ; Fax: (+632) 742 1641 / 929 3968 ; Email: corres@op.gov.ph / opnet@ops.gov.ph
- Hon. Teresita Deles, Presidential Adviser on the Peace Process,7F Agustin Building I, Emerald Avenue,Pasig City, Philippines ; Voice: (+632) 636 0701 to 0766 ; Fax: (+632) 638 2216
- Hon. Avelino Cruz, Jr., Secretary , Department of National Defense, Camp Emilio, Aguinaldo, E. delos Santos Avenue, Quezon City, Philippines ; Voice: (+632) 912 9281 ; Fax: (+632) 911 6213
- Hon. Purificacion Valera Quisumbing, Chairperson, Commission on Human Rights, SAAC Bldg., UP Complex, Commonwealth Avenue, Diliman, Quezon City, Philippines ; Fax: (+632) 929 0102 ; Email: drpvq@chr.gov.ph
Please also write to the embassies of the Philippines in your respective country.
Geneva, 18 November 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.