Philippines
18.03.03
Urgent Interventions

Philippines: Open Letter to the President Arroyo

OPEN LETTER TO GLORIA MACAPAGAL-ARROYO
PRESIDENT OF THE PHILIPPINES


Geneva, March 18th 2003


Ms. President,

The International Secretariat of OMCT has been informed by Task Force Detainees of the Philippines (TFDP), a member of the OMCT network, of the burning of houses belonging to members of the Buenavista United Farmers Association (BUFA) as a form of punishment for the alleged involvement of some members of this association in the murder of 2 military informers in Brgy. Nueva Montaña, Buenavista, Bohol, Philippines.

OMCT would like to bring your attention to the fact that 15 houses belonging to members of BUFA have been reportedly burned, since February 15th 2003, in Brgy. Nueva Montaña, leaving their occupants homeless. The victims believe that members of the 2 military informers' families perpetrated the said acts as a form of punishment against the whole community. It is also reported that these acts have been tolerated by the army, which has a unit in the area. It must be noted, in this regard, that the BUFA has reportedly vocally opposed the plan to train the Civilian Armed Forces Geographical Unit (CAFGU) in Brgy. Nueva Montaña and has also campaigned for the removal of the military presence in the area.

In this respect, on February 15th 2003, five houses belonging respectively to Melchor Abanda, Agapito Abanda, Romulo Lofranco, Gonzalo Lofranco and a man named Diosdado have reportedly been the subject of arson attacks. Four days later, on February 19th 2003, four huts belonging respectively to Efren Sanchez, Bernardino Sanchez, Sonny Ramirez and a person identified as Jiji were also torched. Subsequently, on February 23rd 2003, 5 houses belonging respectively to Rolando Degamo, Jepelito Degamo, Dacoy Degamo, Jeffrey Degamo and Nilob Lofranco were burned to the ground.

As previously mentioned, these events are being carried out as a form of punishment against the farmers of Brgy. Nueva Montaña and the members of the BUFA for the killing of 2 military informers, Mr. Baldomero Betraganso and Mr. Virgilio Betraganso, and are being tolerated by the army. Indeed, according to the information received, on February 3rd 2003, two military informers, Mr. Baldomero Betraganso and Mr. Virgilio Betraganso were killed in Brgy. Nueva Montaña by alleged members of the New People's Army (NPA). It is reported that witnesses claimed of having seen members of the BUFA acting as lookouts during the incident, including Antonio Sanchez (chairperson of BUFA), and Ruben Busalanan. In this respect, Victoria Betaganso (the wife of one victim) and her daughter reportedly claimed of having seen these persons within the vicinity of their house during the incident, although the accused have, since then, continuously denied their involvement in the killing.

On the basis of the testimonies given by the victims' relatives, soldiers from the 15th Battalion of the Army reportedly went to the house of Antonio Sanchez and Ruben Busalanan and brought them to the police station. It is reported that at their arrival they were immediately locked up in the municipal jail with the two persons accompanying them, Edwin Lofranco and Ruben Mejias. On the following day, a case of murder was then reportedly filed against them at the Municipal Circuit Trial Court (Crim. Case No. MCTC-B-2006) in Inabanga, Bohol. The four detainees were then reportedly transferred to the Bohol Detention and Rehabilitation Centre in Cabawan District, Tagbilaran City, where they are still being detained.

Following the arrest of the BUFA members, the majority of the farmers in Brgy. Nueva Montaña, as well as BUFA members reportedly fled from their homes due to fear of repression. While most of the villagers have returned to their homes, the relatives of those suspected of being responsible for the killing of the two military informers are still in hiding out of fear of further punishment or repression.

In view of these considerations, OMCT hopes that your Government will take immediate measures to ensure that the rights of these persons are protected and upheld, in particular their right to adequate housing, as well as their right to be protected from any cruel, inhuman or degrading treatment or punishment, in conformity with the International Covenant on Economic, Social and Cultural Rights (CESCR), the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, as well as the General Comments No. 4 and No. 7 of the U.N. Committee on Economic, Social and Cultural Rights respectively on the right to adequate housing and forced evictions.

OMCT also hopes that these measures will be accompanied by the provision of adequate compensation, reparation and rehabilitation to all the victims. Finally, OMCT urges your Government to take all the appropriate steps in order to guarantee an immediate investigation into the burning of the houses and the killing of the two military informers, identify those responsible, bring them before a competent and impartial tribunal, and apply the penal, civil and/or administrative sanctions provided by law.


We thank you in advance for your careful consideration of this matter, and remain,

Yours Sincerely,


Eric Sottas
Director