Philippines
12.11.03
Urgent Interventions

Philippines : Unlawful killing of two children

Case PHL 121103.CC
Child concern/Shooting/Unlawful killing


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 the Task Force Detainees of the Philippines (TFDP), a member of the OMCT network, of the extrajudicial killings of two youths by army soldiers in Sitio Doqa Aniceta, Barangay San Roque, Catarman Samar, in the Philippines.

According to Mr. Nestor Corong Sr, the victims' father, who witnessed the killings, Mitchie Boy Vega Corong (16 years old) and Nestor Vega Corong, Jr.(13 years old) were shot dead by units of the PA/CAA 803rd Infantry led by Major Dominggo B. Gobway in Catarman, Samar.

Background Information

According to the information received, on October 19, 2003 at around 3:00 am, Mr. Nestor Corong Sr, a fisherman and his two sons were on the way home after fishing. A few meters away from the shoreline, crossing the road, they were shot at. The two boys died instantly. The father was not hit and shouted for help.

An armed man, later identified as Major Domingo Gobway, asked, "Who are you?" Nestor Sr. responded that they were fishermen heading home and asked him why the soldiers fired at them. According to the information received, Major Domingo Gobway did not reply and appeared to be drunk.

About one to two hours later, two police officers from the Barangay Police Station and a Barangay Councillor came to the incident place. When they arrived, three armed men, in civil clothes suddenly appeared and introduced themselves as members of Major Domingo Gobway's unit. They claimed that the boys were hit during cross-fire with members of the Waray-Waray Gang of suspected criminals. The local police report, signed by the Police Senior Inspector Antonio Villareal Artuz, stated the same. The army claimed that the two teenage boys were members of that gang. Nestor Sr stated that there was no such encounter and that the three were merely returning home from fishing.

Reportedly, the army unit was ordered to conduct an operation in Metro Manila, but it was operating in Sitio Doqa Aniceta, Barangay San Roque, Catarman Samar. Senior Inspector Artuz is reported to have stated in an interview that the military unit was out of its jurisdiction. The unit also did not inform the local police that it was in pursuit of suspected criminals.

OMCT recalls that the Philippines is a state party to the Convention on the rights of the child which ensures that "every child has the inherent right to life." (Art.6(1)). The Philippines is also party to the International Covenant On Civil and Political Rights which states at Art. 6 (1), that “no one shall be arbitrarily deprived of his life”.

OMCT is gravely concerned about the large number of gross human rights violations that have been noted in the Philippines and urges that this matter be investigated immediately by an impartial panel. Further, the perpetrators should be brought to justice and punished. We also call upon the government of the Philippines to develop strict guidelines to fully ensure the safety of civilians (especially children) during any military or police action.

Action requested

Please write to the authorities in the Philippines urging them to:

i. order a thorough and impartial investigation into the circumstances of these events, in order to bring the responsible to trial and apply the penal and/or administrative sanctions as provided by law;
ii. provide a compensation to the victim’s family;
iii. develop guidelines to fully ensure the safety of civilian people during any military or police action;
iv. 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. Angelo T. Reyes, Secretary,
Department of National Defense, Camp General Aguinaldo,
Quezon City, Philippines
Fax: +632911-6213
Email: osnd@philoneline.com

3. Hon. Simeon Datumanong, Secretary, Department of Justice
DOJ Bldg., Padre Faura, 1004, Manila, Philippines
Fax: +632521-1614
Email: sechbp@info.com.ph

4. 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

5. General Narciso L Abaya
Chief of Staff
Armed Forces of the Philippines
Camp Emilio Aguinaldo, Quezon City
PHILIPPINES
Tel: +63 2 911 6436 / 911 6045
Fax: +63 2 911 7783 / 911 7953

6. Ms. Asma Jahangir
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: + 92 42 5763 234
Fax: + 41 22 917 9006 / 92 42 5763 236
Email: webadmin.hchr@unog.ch / asmalaw@brain.net.pk

7. Stella Vasquez
Task Force Detainees of the Philippines
Central/Eastern Visayas Region
3rd floor Booc-Virtudazo Bldg.
F. Martir St., Lapu-lapu City
Philippines
Tel: +032 341 4207
E-mail: estel_pv@yahoo.com

8. 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

9. Loretta Ann Rosales
House of Representatives, Chairman Comm. On Civil/Political Rights
Telefax no. (02) 9316288
Email: conglapr@nsclub.net

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, November 12, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.