Abduction/ Alleged extrajudicial killing/ No effective investigation/ 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 of Mr. Rodel Estrellado, a 34 years old farmer and member of the Bayan Muna Party, Sorsgon chapter (section), in Barangay 3 (village), Malilipot, in the province of Albay.
According to the information received, on 25 February 2011, at around 9:00 a.m., Mr. Rodel Estrellado was approached by four men, who introduced themselves as members of the Philippine Drug Enforcement Agency (PDEA)[1], when he was walking back home. The four presumed members of the PDEA reportedly forced Mr. Rodel Estrellado inside a gray-coloured car with plate number MXN 902, and drove in direction of the city of Legazpi, province of Albay.
According to the same information, on the same day, on 25 February 2011 around 6:00 a.m., the spokesman of the 9th Infantry Division of the Philippines Armed Forces[2] issued a statement, which announced that a certain Mr. Elmer Estrellado, an alleged member of the New People’s Army (NPA), had been killed in an armed encounter in the village of Buluang, in the Municipality of Bato, Province of Caramines Sur. Moreover, later on the same day, two members of the Armed Forces, allegedly Major Danilo Ambe and 2nd Lieutenant Maribel Donilla, both based in Mabaludbalud, Camarines Sur, filed a blotter report at the Philippine National Police (PNP) station of Bato stating that a man named Mr. Elmer Estrellado had died during a strike operation they had conducted in Buluang village.[3]
On 27 February 2011, after hearing in the local news about the death of a certain “Elmer Estrellado”, Mr. Rodel Estrellado’s family went to the funeral parlour in Bato, Camarines Sur, where the body of the alleged Mr. Elmer Estrellado had been brought. There, the family discovered that Mr. Elmer Estrellado was actually their abducted relative, Mr. Rodel Estrellado.
The International Secretariat of OMCT is gravely concerned about the circumstances surrounding the death of Mr. Rodel Estrellado, which seem to suggest that he may have been victim of an extrajudicial killing. Mr. Rodel Estrellado was reportedly an active member of the Bayan Muna Party, whose members have repeatedly been branded as “supporter” of the New People’s Army (NPA) by the military and targeted under the guise of counter-insurgency measures[4]. OMCT expresses also its grave concern about the ongoing impunity of such killings, and therefore recalls to the Philippines authorities that they have to fulfil their obligations under international human rights law to protect the right to life and to bringing to justice those responsible for violating this right.
OMCT urges the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the circumstances surrounding the killing of Mr. Rodel Estrellado, 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, 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. Rodel Estrellado’s family, 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. Rodel Estrellado’s family;
ii. Carry out a prompt, effective, thorough, independent and impartial investigation into the circumstances of the killing of Mr. Rodel Estrellado, 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, 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 victim’s family;
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, 29 March 2011
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
[1] The PDA is an agency accompanying the Philippine National Police on drug-related crimes. PDA has reportedly denied any operation on the day of Mr. Estrellado’s abduction.
[2] The 9th Infantry Division of the Philippine Army is based in the town of Pili, province of Camarines Sur, South Eastern part of Luzon.
[3] The region of Bicol, composed among other provinces of the provinces of Albay and Camarines Sur, is highly militarized as it is identified by the Armed Forces of Philippines (AFP) as one of its target areas of the counter-insurgency program Oplan Bayanihan.
[4] See OMCT report « Addressing the Economic, Social and Cultural Root Causes of torture and Violence in the Philippines », 2010. http://www.omct.org/files/2010/10/20939/philippines_follow_up_mission_report_final_01_10_10.pdf.
See also for example OMCT urgent appeal PHL 141010, issued 4 October 2010.
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