The Philippines - update to case PHL 220205 - members of indigenous group extra-judicially killed by army

Case PHL 220205.1/ Case PHL 220205.1 CC
Follow-up to Case PHL 220205/Case PHL 220205.CC

Urgent appeal/Child Concern
Extra-judicial killings of indigenous peoples

15 August 2005, Geneva

The International Secretariat of OMCT requests your URGENT intervention in the following situation in the Philippines.

New Information

The International Secretariat of OMCT has been informed by the Task Force Detainees of the Philippines (TFDP), a member of the OMCT network, that the complaint lodged by the survivors of an attack by the 25th Infantry Battalion against members of this Battalion for murder and frustrated murder was resolved by the Prosecutor on 21 May, 2005 and found probable cause. But instead of filing the case in court, the records from this complaint were transferred to the Office of the Ombudsman for the Military for Mindanao on 15 June 2005 for comment and/or approval.

Brief reminder of the situation

On 8 February 2005, members of 25th Infantry Battalion of the Philippine Army killed three civilians, Mr. Francisco Bulane (32), Mr. Padilla Bulane (29) and Mr. Prumencio Bulane (28), and wounded four others, Mr. Rogelio Bulane (42), Mr. Ricky Bulane (16), and Mr. Richard Bulane (31), members of the indigenous group B’laans, in Mindanao, Philippines.

According to the information received by TFDP, at about 6.30 in the morning, in sitio Latil, Barangay Colonsabak, Matan-ao, Davao del Sur, Island of Mindanao, members of the 25th Infantry Battalion of the Philippine Army based in Sta. Cruz, Davao Del Sur, opened fire on Mr. Rogelio Bulane and his son Ricky who had gone to the river about 3km from their home to catch food.

According to Mr. Bulane, the soldiers fired at them from a distance without provocation. The first gun burst accordingly hit the back portion of his head but did not penetrate. Mr. Rogelio Bulane said he was thrown about 4m away when he was hit with an M-79 in the back portion of his body.

His son Ricky was also hit with bullets. After several minutes the gun burst stopped and Mr. Bulane pretended that he was already dead. The military officers came closer to him, but he did not move and the soldiers thought that he was already dead. He then reportedly overheard soldiers saying, “we will charge this person as member of New People’s Army (NPA)”.

When Mr. Rogelio Bulane sensed that the soldiers were busy eating, he slowly crawled to the riverbank where he covered himself with grass. After several minutes, the military noticed that he had disappeared and searched the area without success. The soldiers left the area after several minutes and Mr. Bulane crawled back to the place where he and his son had originally been shot.

According to the information received, Ricky ran to alert his uncle, Mr. Richard Bulane, who went to help Rogelio Bulane but was hit by bullets from the soldiers. Three brothers of Richard followed him and were killed by gunshots from the soldiers.

On 7 March 2005, the survivors together with their families lodged a complaint before the Provincial Prosecution office in Digos City for murder and frustrated murder.

Action requested

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

i. Ensure the physical and psychological integrity of Mr. Rogelio Bulane, Mr. Ricky Bulane, and Mr. Richard Bulane;
ii. Intervene with the proper authorities to ensure that adequate medical assistance is provided as a matter of urgency to all persons who require it;
iii. 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;
iv. Guarantee that adequate reparation is provided to the victims and the families of the victims;
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:

• Her Excellency Gloria Macapagal-Arroyo, President, Republic of the Philippines, New Executive Building, Malacañang Palace Compound, J.P. Laurel St., San Miguel, Manila, Philippines, Fax: +632 735 6192; +632 736 1010, Email: opnet@ops.gov.ph; corres@op.gov.ph
  
  
• Secretary Avelino Cruz Jr., Department of National Defence, 3rd Floor, DND Building, Camp Aguinaldo, EDSA, Quezon City, Philippines, Fax: +632 911 6213, Email: sndcruz@dnd.gov.ph; ajcruz@dnd.gov.ph
  
  
• Hon. Raul M. Gonzalez, Secretary, Department of Justice, Padre Faura Street, 1004, Manila, Direct Line 521-8344; 5213721, Trunkline 523-84-81 loc.214; Telefax 521-1614, Email: sad@doj.gov.ph
  
  
• Hon. Purificacion Valera Quisumbing, Chairperson, The Commission on Human Rights, SAAC Building, Commonwealth Avenue, U.P. Complex, Diliman, Quezon City, Fax: +632 929-0102, Email: drpvq@chr.gov.ph
  
  
• Arturo C. Lomibao, Police Director General, Chief, Philippine National Police, National Headquarters, PNP Camp Crame, Quezon City, Philippines, Tel: +632 726-4361/726-4366/726-4329
  
  
• Hon. Loretta Ann Rosales, Chairperson Committee on Human Rights, House of Representatives, Batasan Hills, Quezon City, Telefax: +632 931 62 88, Email: conglapr@nsclub.net
  
  
• Hon. Francis Pangilinan, Senator, The Senate, Rm. 526 GSIS Bldg., Financial Center, Roxas Blvd., Pasay City, Trunk Lines: 552-6601 to 80 loc. 6512-15/6518 to 20, Direct Line: 552-6748, Fax: +632 552-6747, Email: kilosko2004@yahoo.com
  
  
• Ambassador Enrique A. Manalo, Permanent Mission of the Philippines to the United Nations in Geneva, Avenue Blanc 47, CH-1202, Geneva, Switzerland, Email: mission.philippine@ties.itu.int, Fax: +4122 716 19 32
  

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

Geneva, 15 August 2005

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