Case PHL 270711
Alleged extrajudicial killing/ 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 Task Force Detainees of the Philippines (TFDP), a member of OMCT SOS-Torture Network, about the killing of Mr. Nicanor Herrera Mariano, a 46-year-old farmer from Sitio Suapong, as a result of a shooting by members of the Philippine Army (PA), believed to be from the 56th Infantry Battalion[1]. His son, Mr. Norman Esquibel Mariano, 18 years old, was reportedly severely injured during the events, which occurred in Doña Remedios Tirinidad, in Bulacan Province.
According to the information received, on 18 July 2011, Mr. Nicanor Herrera Mariano and his son, Mr. Norman Esquibel Mariano, along with Ms. Florita Verceles Esquibel (respectively Mr. Nicanor Herrera Mariano’s mother and Mr. Norman Esquibel Mariano’s grand-mother), went to Sitio Batong Munti, in Barangay (village) Camachili to do “Kaingin” (an old practice of burning trees for cultivation and to produce charcoal). The three stayed there overnight. At around 4:30 am on 19 July 2011, they were reportedly awakened by blaring sounds caused by several gunshots fired at the nipa hut (an indigenous house used in the Philippines), where they were sleeping. Ms. Florita Verceles Esquibel reportedly shouted that civilians were in the hut and urged to stop the shooting. After a soldier asked them to get out of the hut, she went out and saw around 20 armed soldiers in full battle gear. The soldiers reportedly then asked where her companions were and she responded that they were inside. On the order of the soldiers, Mr. Norman Esquibel Mariano managed to get out of the hut with the help of his grand-mother despite gunshot wounds, but his father, Mr. Nicanor Herrera Mariano, did not move. The soldiers immediately approached Mr. Norman Esquibel Mariano and an unidentified army officer reportedly told Ms. Florita Verceles Esquibel that her grandson was a member of the New People’s Army (NPA), which she denied. She explained that they are farmers and they were on the mentioned site for the “Kaingin”. At the same time, one of the soldiers went inside the hut and reported that Mr. Nicanor Herrera Mariano was dead. The soldiers then reportedly instantly pointed their automatic rifles to the air and started to fire for about one minute.
According to the same information received, Ms. Florita Verceles Esquibel was only allowed to leave the place around three hours after the shooting occurred, and without her grandson, whom the army kept under their custody. She went to search for help but the Barangay officials were refused access to the site by the soldiers. It is reported that the soldiers only brought Mr. Norman Esquibel Mariano to the hospital at around 5:00 pm that same day. He was later transferred to Fort Bonifacio General Hospital, which is located inside an army camp in Taguig City, without the consent of the family. He stayed there a few days before he was transferred to East Avenue Medical Center in Quezon City. He would be no longer under military custody.
The International Secretariat of OMCT is gravely concerned about the aforementioned events which resulted in the killing of Mr. Nicanor Herrera Mariano, and injuring his son, Mr. Norman Esquibel Mariano. OMCT 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 aforementioned events, in particular the killing of Mr. Nicanor Herrera Mariano, 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. Nicanor Herrera Mariano’s family, and calls on the competent authorities to guarantee, in all circumstances, its 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. Nicanor Herrera Mariano’s family;
ii. Carry out a prompt, effective, thorough, independent and impartial investigation into the aforementioned events, in particular the killing of Mr. Nicanor Herrera Mariano, 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) 736 1010, 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: feedback@opapp.net
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 6193, 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) 523-9548, 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: crosales.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.
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Geneva, 27 July 2011
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
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