Philippines
09.10.03
Urgent Interventions
Philippines: Arbitrary shooting, arrest and detention of two youths
Case PHL 081003.CC
Child concern/Shooting/Arbitrary detention
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Philippines.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Task Force Detainees of the Philippines (TFDP), a member of the OMCT network, of the shooting of one youth and the arbitrary arrest and detention of a minor in Sitio Hayangon, Brgy. Magtikol, Toboso, Negros Occidental, in the Philippines.
According to the information received, Elmer Muñoz, 18, a first year high school student at Bug-ang National High School, and Bongcaoil Entroliso, 16, have been respectively shot at and arbitrarily arrested by unidentified members of 11th Infantry Batallion, Philippine Army belonging to 303rd Infantry Brigade PA Headquarters in Mambukal, Murcia. The alleged motive for this agression is that they are suspected to be members of the New People's Army.
On September 28, 2003 at about 7:30 in the evening, Elmer, Bongcaoil and a certain Renato were walking home, a kilometer away from where they had just watched a video show in a nearby community. Upon reaching the main road, they saw a ford fierra with signboard Minapasok – Sagay coming towards them. It stopped two meters from where they were standing. The vehicle was in dim light but the victims managed to see about 10 armed persons in uniform on board the jeep. The victims identified the driver as Casio Antipuesto.
The victims continued walking but before they reached the parked fierra they were fired upon by the uniformed men on board. Elmer Moñuz was instantly hit on his right and left arm and on his right leg. He lost consciousness. When he woke up he found himself in the hospital bed at Sagay District Hospital in Sagay City. He was transferred to the Doña Corazon Locsin Montelibano Memorial Hospital in Bacolod City where to date he remains awaiting for an operation to remove the bullets embedded on his wounds. Elmer claimed that he is not a member of New People’s Army as reported in the newspaper. His class adviser and teacher at Bug-ang National High School in Toboso is willing to testify that he is an active student in the school and not a rebel.
Bongcaoil Entroliso is currently detained at Toboso PNP Jail, in northern part of Negros Occidental. Renato was at large.
The NPA Boy Gatmaitan Command in a statement released today in local newspapers denied that the victims were their members. However Major Nelson Gerona, 303rd Infantry Brigade spokesman insist that they were indeed rebels.
OMCT urges that the matter be investigated immediately and the perpetrators be brought to justice. OMCT wishes to recall that the Philippines, as a State party to the Convention on the Rights of the Child, are bound to the provision that "No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment" (Art. 37 (a)). Furthermore, "States Parties shall, in particular, ensure that every child alleged as or accused of having infringed the penal law has at least the following guarantees:
(i) To be presumed innocent until proven guilty according to law; (...)
(iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;
(iv) Not to be compelled to give testimony or to confess guilt;" (Art. 40 para. 2 (b))
Action requested
Please write to the authorities in Philippines urging them to:
i. order a thorough and impartial investigation into the circumstances of these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
ii. order the immediate release of Bongcaoil Entroliso in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times in accordance with art. 37 and 40 of the Convention on the Rights of the Child;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
1. Her Excellency President Gloria Macapagal-Arroyo
Office of the President
Republic of the Philippines
New Executive Building, Malacañang, Palace Compound, J.P. Laurel St.,
San Miguel, Manila, Philippines
Fax no.: +632 929 3968
Email: opnet@ops.gov.ph or kgma@yahoogroups.com
2. Hon. Purificacion Valera Quisumbing
Chairperson, Commission on Human Rights,
SAAC bldg., UP complex, Commonwealth Avenue, Diliman,
Quezon City, Philippines
Fax: +632 929-0102,
Email: apnr@chr.gov.ph or hrnow@yahoo.com
3. Hon. Joseph Marañon
Office of the Provincial Governor
Provincial Capitol Building, Bacolod City, Philippines
4. Atty. David M. Bermudo
Regional Director, Commission on Human Rights
Office Add: 2F DPB Building
Dela Rama Street, Iloilo City, Philippines
Tel. # 033 0 337 8019
5. Col. Victor Ibrado
Commanding Officer
303rd Infantry Brigade
Mambukal, Murcia, Negros Occidental, Philippines
6. Angelo T. Reyes, Secretary,
Department of National Defense, Camp General Aguinaldo,
Quezon City, Philippines
Fax: +632911-6213
Email: osnd@philoneline.com
7. Col. Eduardo Matillano, CIDG, Police Superintendent
Fax no. +632 7051-526
8. Hon. Simeon Datumanong, Secretary, Department of Justice
DOJ Bldg., Padre Faura, 1004, Manila, Philippines
Fax: +632521-1614
Email: sechbp@info.com.ph
9. Loretta Ann Rosales
House of Representatives, Chairman Comm. On Civil/Political Rights
Telefax no. (02) 9316288
Email: conglapr@nsclub.net
10. Francisco Pangilinan
Office of the Senate
Fax no. +632 5526601
Email: kiko@fplaw.com.ph
11. Ambassadeur, Ramel, Samuel T.,
Av. Blanc 47, CH-1202, Genève, Suisse
E-mail : philippine.mission@ties.itu.int
Fax: +4122 716 19 33
Please also write to the embassies of the Philippines in your respective country.
Geneva, October 9, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Child concern/Shooting/Arbitrary detention
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Philippines.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Task Force Detainees of the Philippines (TFDP), a member of the OMCT network, of the shooting of one youth and the arbitrary arrest and detention of a minor in Sitio Hayangon, Brgy. Magtikol, Toboso, Negros Occidental, in the Philippines.
According to the information received, Elmer Muñoz, 18, a first year high school student at Bug-ang National High School, and Bongcaoil Entroliso, 16, have been respectively shot at and arbitrarily arrested by unidentified members of 11th Infantry Batallion, Philippine Army belonging to 303rd Infantry Brigade PA Headquarters in Mambukal, Murcia. The alleged motive for this agression is that they are suspected to be members of the New People's Army.
On September 28, 2003 at about 7:30 in the evening, Elmer, Bongcaoil and a certain Renato were walking home, a kilometer away from where they had just watched a video show in a nearby community. Upon reaching the main road, they saw a ford fierra with signboard Minapasok – Sagay coming towards them. It stopped two meters from where they were standing. The vehicle was in dim light but the victims managed to see about 10 armed persons in uniform on board the jeep. The victims identified the driver as Casio Antipuesto.
The victims continued walking but before they reached the parked fierra they were fired upon by the uniformed men on board. Elmer Moñuz was instantly hit on his right and left arm and on his right leg. He lost consciousness. When he woke up he found himself in the hospital bed at Sagay District Hospital in Sagay City. He was transferred to the Doña Corazon Locsin Montelibano Memorial Hospital in Bacolod City where to date he remains awaiting for an operation to remove the bullets embedded on his wounds. Elmer claimed that he is not a member of New People’s Army as reported in the newspaper. His class adviser and teacher at Bug-ang National High School in Toboso is willing to testify that he is an active student in the school and not a rebel.
Bongcaoil Entroliso is currently detained at Toboso PNP Jail, in northern part of Negros Occidental. Renato was at large.
The NPA Boy Gatmaitan Command in a statement released today in local newspapers denied that the victims were their members. However Major Nelson Gerona, 303rd Infantry Brigade spokesman insist that they were indeed rebels.
OMCT urges that the matter be investigated immediately and the perpetrators be brought to justice. OMCT wishes to recall that the Philippines, as a State party to the Convention on the Rights of the Child, are bound to the provision that "No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment" (Art. 37 (a)). Furthermore, "States Parties shall, in particular, ensure that every child alleged as or accused of having infringed the penal law has at least the following guarantees:
(i) To be presumed innocent until proven guilty according to law; (...)
(iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;
(iv) Not to be compelled to give testimony or to confess guilt;" (Art. 40 para. 2 (b))
Action requested
Please write to the authorities in Philippines urging them to:
i. order a thorough and impartial investigation into the circumstances of these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
ii. order the immediate release of Bongcaoil Entroliso in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times in accordance with art. 37 and 40 of the Convention on the Rights of the Child;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
1. Her Excellency President Gloria Macapagal-Arroyo
Office of the President
Republic of the Philippines
New Executive Building, Malacañang, Palace Compound, J.P. Laurel St.,
San Miguel, Manila, Philippines
Fax no.: +632 929 3968
Email: opnet@ops.gov.ph or kgma@yahoogroups.com
2. Hon. Purificacion Valera Quisumbing
Chairperson, Commission on Human Rights,
SAAC bldg., UP complex, Commonwealth Avenue, Diliman,
Quezon City, Philippines
Fax: +632 929-0102,
Email: apnr@chr.gov.ph or hrnow@yahoo.com
3. Hon. Joseph Marañon
Office of the Provincial Governor
Provincial Capitol Building, Bacolod City, Philippines
4. Atty. David M. Bermudo
Regional Director, Commission on Human Rights
Office Add: 2F DPB Building
Dela Rama Street, Iloilo City, Philippines
Tel. # 033 0 337 8019
5. Col. Victor Ibrado
Commanding Officer
303rd Infantry Brigade
Mambukal, Murcia, Negros Occidental, Philippines
6. Angelo T. Reyes, Secretary,
Department of National Defense, Camp General Aguinaldo,
Quezon City, Philippines
Fax: +632911-6213
Email: osnd@philoneline.com
7. Col. Eduardo Matillano, CIDG, Police Superintendent
Fax no. +632 7051-526
8. Hon. Simeon Datumanong, Secretary, Department of Justice
DOJ Bldg., Padre Faura, 1004, Manila, Philippines
Fax: +632521-1614
Email: sechbp@info.com.ph
9. Loretta Ann Rosales
House of Representatives, Chairman Comm. On Civil/Political Rights
Telefax no. (02) 9316288
Email: conglapr@nsclub.net
10. Francisco Pangilinan
Office of the Senate
Fax no. +632 5526601
Email: kiko@fplaw.com.ph
11. Ambassadeur, Ramel, Samuel T.,
Av. Blanc 47, CH-1202, Genève, Suisse
E-mail : philippine.mission@ties.itu.int
Fax: +4122 716 19 33
Please also write to the embassies of the Philippines in your respective country.
Geneva, October 9, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.