Case PHL 100311
Alleged extrajudicial killings/ Alleged acts of torture and ill-treatment/ Risk of impunity
The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in the Philippines.
The International Secretariat of OMCT has been informed by the Alliance for the Advancement of People’s Rights (KARAPATAN), a member of OMCT SOS-Torture Network, about the alleged extrajudicial killing and torture of Mr. Rudy Dejos, a 50-years old farmer and Chieftain of B’laan tribe, and his son, Mr. Rudyric Dejos, 26-years old and also farmer, in Barangay Zone 1, Municipality of Sta. Cruz, in the province of Davao del Sur. Both were members of the Zone-1 Farmers Associations (ZOFA)[1], an organisation of farmers of the Zone-1 founded on 19 January 2011, and affiliate to the Kilusang Magbubukid Pilipinas (KMP)[2].
According to the information received, on 27 February 2011, at around 4:00 p.m. Ms. Mercy Dejos, Mr. Rudy Dejos’ wife, returned home after having visited a relative the day before, when she found the dead bodies of her husband and her son, Mr. Rudyric Dejos, lying on their kitchen floor. The two bodies reportedly bore gunshot and stab wounds. The bodies were also covered with bruises and the hands and nails of the two victims were smashed, signs of possible acts of torture. Mr. Rudy Dejos, and his son, Mr. Rudyric Dejos were reportedly working on their farmland on the morning of 27 February 2011. Ms. Mercy Dejos believes that they were killed around noon as the meal Mr. Rudy Dejos prepared was left untouched.
According to the same information, they are believed to have been killed by members of the 39th Infantry Battalion of the Armed Forces of Philippines (AFP). Mr. Rudy Dejos, and his son, Mr. Rudyric Dejos, had been reportedly threatened in the past by alleged members of the AFP. In June 2010, some members of the 39th Battalion of the AFP installed a camp in the Barangay Hall at the center of the Zone-1, Municipality of Sta. Cruz, where they conducted village meetings, also called pulong-pulong, aiming to offer the population of the region the opportunity to “clear” themselves of accusations of insurgency.[3] Mr. Rudy Dejos’ tribe, the B’laan, have been accused by the AFP of being part of the New People’s Army (NPA), and he was to “clear” himself of these accusations. Mr. Rudy Dejos reportedly decided not to go to the meeting, as he thought the military would not believe his point of view.
Furthermore, on 6 June 2010, a man called Boyong, and allegedly a known member of the 39th Battalion of the AFP, reportedly interrogated Mr. Rudyric Dejos about his brother-in-law, suspected of being an NPA member, and took a picture of him without his consent. In December 2010, a man by the name of Arman, allegedly a leader of the Barangay Defense System[4] of the village and a known military intelligence agent, threatened the victim over the imminent founding of the ZOFA.
The International Secretariat of OMCT is gravely concerned about the circumstances surrounding the killings of Mr. Rudy Dejos, and his son, Mr. Rudyric Dejos, which seem to suggest that they may have been victim of an extrajudicial killing. OMCT recalls that the authorities have to fulfil their obligations under international human rights law to protect the right to life and the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment and to bringing to justice those responsible for violating these rights. OMCT is indeed deeply preoccupied about repeated reports of extrajudicial killings and torture in the course of counter-insurgency operations in the country (see OMCT previous urgent appeals).
Accordingly, OMCT urges the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the circumstances surrounding the killing of Mr. Rudy Dejos and Mr. Rudyric Dejos, and into the allegations of torture, in accordance with international human rights standards, such as the UN Principle on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, and the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law.
OMCT is also gravely concerned about the safety of Mr. Rudy Dejos’ and Mr. Rudyric Dejos’ family members, and calls on the competent authorities to guarantee, in all circumstances, their physical and psychological integrity.
Actions Requested
Please write to the authorities in the Philippines urging them to:
i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Rudy Dejos’ and Mr. Rudyric Dejos’ family;
ii. Carry out a prompt, effective, thorough, independent and impartial investigation into the circumstances of the killing and the allegations of acts of torture of Mr. Rudy Dejos and Mr. Rudyric Dejos, in accordance with international human rights standards, inter alia, with the UN Principle on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, and the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the result of which must be made public, in orderto bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
iii. Ensure that adequate, effective and prompt reparation, including adequate compensation, is granted to the victims’ families;
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
Ø H.E. Benigno S. Aquino III, President of the Republic of the Philippines, Malacaang Palace, JP Laurel St., San Miguel, Manila, Philippines, Fax: (+632) 742-1641 / 929-3968, E-mail: corres@op.gov.ph / opnet@ops.gov.ph
Ø Sec. Teresita Quintos-Deles, Presidential Adviser on the Peace Process, Office of the Presidential Adviser on the Peace Process (OPAPP), 7th Floor Agustin Building I, Emerald Avenue, Pasig City 1605, Fax:+63 (2) 638 2216, E-Mail Address: osec@opapp.gov.ph
Ø Ret. Lt. Gen. Voltaire T. Gazmin, Secretary, Department of National Defense, Room 301 DND Building, Camp Emilio Aguinaldo, E. de los Santos Avenue, Quezon City, Fax:+63(2) 911 6213, Email: osnd@philonline.com
Ø Atty. Leila M. De Lima, Secretary, Department of Justice, Padre Faura St., Manila, Direct Line 521-8344; 5213721, Trunkline 523-84-81 loc.214, Fax: (+632) 521-1614, Email: doj.delima@gmail.com
Ø Hon. Loretta Ann P. Rosales, Chairperson, Commission on Human Rights, SAAC Bldg., UP Complex, Commonwealth Avenue, Diliman, Quezon City, Philippines, Fax: (+632) 929 0102, Email: chair.rosales.chr@gmail.com
Ø Permanent Mission of the Philippines to the United Nations in Geneva, 47 Avenue Blanc, 1202 Geneva, Switzerland, Fax: +41 22 716 19 32, Email: mission.philippines@ties.itu.int
Please also write to the embassies of the Philippines in your respective country.
***
Geneva, 10 March 2011
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
[1] The ZOFA was established after the Patulangon Farmers Association (PATUFA) was forced to dissolve. The 39th Infantry Battalion of the Armed Forces of Philippines (AFP) accused the PATUFA of being a front organisation for the New Peoples’s Army (NPA).
[2] The KMP (Peasant Movement of the Philippines) is a democratic and militant movement of landless peasants, land workers and smallholders.
[3] The military presence in the region is high as consequence of counter-insurgency operations, especially since the new counter-insurgency program Oplan Bayanihan has been installed in January 2011. As one of the main focus, the program intends to recruit civilians, allegedly also under coercion, for the counter-insurgency activities. Progressive organisations and party lists are often reportedly labelled by the AFP as “supporters” of the NPA.
[4] Barangay Defense System (BDS) is a group of civilians formed by the AFP after a massive military counter-insurgency operation. Some of the members of the BDS are reportedly forced or coerced to join, and some are given firearms by the AFP.
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