Human Rights in Philippines - Extrajudicial, Summary or Arbitrary Executions

The record of correspondence for 2007 is excerpted from the official United Nations report, A/HRC/4/20/Add.1.

Philippines: Impunity for Killings of Leftist Activists

The Special Rapporteur appreciates the preliminary information provided by the Government of the Philippines, and he would appreciate being updated on the progress of investigations.

The Special Rapporteur also appreciates the Government’s commitment to provide reports on the cases of Andy Pawikan, Vicente Denilla, Porferio Magsalang, and Enrico Cabanit when available.

Letter of allegation dated 2 June 2006 with the Special Representative of the Secretary-General on the situation of human rights defenders

In this connection, we would like to bring to your Government’s attention information we have received concerning a sharp increase in reports of killings of human rights activists who are believed to be targeted for their activities for the promotion of human rights. According to the information we have received, more than thirty killings of human rights defenders have taken place during the first quarter of 2006 alone. The cases listed in the annex to this letter are illustrative of this broader tendency and share certain common elements: a majority of victims are reported to have been shot at point-blank range by unidentified gunmen. Besides, none of these killings has reportedly been investigated and perpetrators remain at large. Reports also indicate that this figure is only indicative of a much higher criminal rate against human rights activists who continue to carry out their work in an increasingly dangerous environment.

In this connection, we regret that your Excellency’s Government has failed to provide us with sufficient information as requested in our letters -sent over the last two years- with regard to the thorough investigation of such killings and the outcome of relevant criminal and judicial proceedings.

While we do not wish to prejudge the accuracy of these allegations, we urge your Excellency’s Government to take effective measures against impunity to deter and prevent further assassinations of human rights defenders.

In this respect, we would like to recall that, as reiterated in Commission on Human Rights Resolution 2005/34 on “Extrajudicial, summary or arbitrary executions” (OP 4), all States have “the obligation … to conduct exhaustive and impartial investigations into all suspected cases of extrajudicial, summary or arbitrary executions, to identify and bring to justice those responsible, … and to adopt all necessary measures, including legal and judicial measures, in order to bring an end to impunity and to prevent the recurrence of such executions”. This obligation, affirmed also in the jurisprudence of the Human Rights Committee (see, e.g. the Committee’s views in Arhuacos v. Colombia, Communication no. 612/1995, § 8.8.), is indeed part and parcel of the obligation to respect and protect the right to life enshrined in Article 3 of the Universal Declaration of Human Rights and Article 6 of the International Covenant on Civil and Political Rights.

We would also like to refer Your Excellency's Government to the fundamental principles set forth in the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, and in particular articles 1 and 2 which state that everyone has the right individually or in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels” and that “each State has a prime responsibility and duty to protect, promote and implement all human rights and fundamental freedoms, inter alia, by adopting such steps as may be necessary to create all conditions necessary in the social, economic, political and other fields, as well as the legal guarantees required to ensure that all persons under its jurisdiction, individually and in association with others, are able to enjoy all those rights and freedoms in practice”.

Furthermore, we would like to bring your Excellency’s attention to the following provisions, and in particular:

- article 12 paras 2 and 3 of the Declaration which provide that the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the Declaration. In this connection, everyone is entitled, individually and in association with others, to be protected effectively under national law in reacting against or opposing, through peaceful means, activities and acts, including those by omission, attributable to States that result in violations of human rights and fundamental freedoms, as well as acts of violence perpetrated by groups or individuals that affect the enjoyment of human rights and fundamental freedoms.

The Special Rapporteur on extrajudicial, summary or arbitrary executions also wishes to remind your Excellency’s attention that, to date, he has not received a response to his request for a fact-finding mission. If accepted, a visit would allow him to examine in situ questions relating to impunity and to formulate pertinent recommendations with the objective of strengthening the protection of the right to life.

It is our responsibility under the mandate provided to us by the Commission on Human Rights and reinforced by the appropriate resolutions of the General Assembly, to seek to clarify all cases brought to our attention. Since we am expected to report on these cases, we would be grateful for your cooperation and your observations on the following matters:

2. Please provide the details, and where available the results, of any investigation, medical examinations, or other inquiries which may have been carried out in relation to these cases. If no inquiries have taken place or if they have been inconclusive please explain why.

4. In the event that the alleged perpetrators are identified, please provide the full details of any prosecutions which have been undertaken; have penal, disciplinary or administrative sanctions been imposed on the alleged perpetrators?

5. Please indicate whether witnesses to these attacks have been afforded with adequate security and witness protection.

On 27 March 2006, Mr Vicente Denila, member of the Camansi Farm Workers’ Cooperative (CFWC) and an active defender of farmers’ rights, was shot and killed by unknown armed men in Negros Oriental.

On 5 April 2006, Mr Florencio Perez Cervantes, an active supporter of the Bayan Muna (People First) political party and community spokesman, was killed in his house in Barngay village, Santa Cruz, Rosario, Agusan del Sur. Armed men clad in bonnets forcibly entered the house and reportedly shot at Mr Perez Cervantes and his family while they were asleep. Mr Perez Cervantes suffered 47 gunshot wounds to his body. According to a statement made by the 36th Infant Battalion of the Philippine Army, Mr Perez Cervantes was killed in crossfire. To date, his murder has not been investigated.

On 15 April 2006, Mr Rico Adeva, a land rights activist and staff member of the Task Force Mapalad (TFM), was shot and killed with his wife while he was on his to Talisay. Three armed men reportedly asked the couple to lie down and shot several times in their head, neck, hands and torso.

On 22 April 2006, Mr Porferio Magsalang, an active defender of rural workers and Chair of the Pambansang Katipunan ng Makabayang Magbubukind (PKMM), was shot and killed by four unidentified armed men, who entered his home in Sitio Caraan, Brangay Tampalon.

On 24 April 2006, Mr Enrico Cabanit, Chairperson of WADECOR Employees Agrarian Reform Beneficiaries Association Inc. (WEARBAI) and Secretary General of Pambansang Ugnayan ng mga Nagsasariling Lokal Organisasyon sa Kanayunan (National Coordination of Local Autonomous Rural People’s Organisations- UNORKA), was shot in the head and killed at the Panabo Public Market by two unidentified individuals. His 23 year old daughter, Daffodil also member of UNORKA, was also seriously injured in the attack, sustaining a gunshot wound in her chest. She was transferred in a critical condition to the hospital. A few hours before his killing, Mr Cabinet had participated in a successful dialogue between the Davao del Norte plantation workers and officials of the Department of Agrarian Reform. During this meeting, he had requested that some land belonging to a local landowner Don Antonio Floirendo be included in the list of plots to be redistributed by the Comprehensive Agrarian Reform Programme (CARP) to poor farmers in the region. This attack occurred less than two months before the National Congress of UNORKA was to be held in Panabo in June 2006.

On 10 May 2006 Ms Elena Mandiola, secretary general of the Bayan Muna (People First) party, and her husband Mr Ricardo Balauag, were killed by armed men in Barangay Gair, Echague, Isabela. It is reported that Ms Elena Mandiola had previously been the subject of an attempt on her life on 10 March 2006.

On 18 May 2006 Ms Annaliza Abanador-Gandia a pro democracy activist and leader of the Pagkakaisan ng Kabababain (Kaisa Ka), an organisation that works in defence of women’s rights, was shot and killed by two unknown gunmen. It is alleged that she was working inside the Duckie shop in Batanga City when two men arrived on a motorcycle and entered the shop. It is reported that Ms Annaliza Abanador-Gandi suffered multiple gun shot wounds to her head and body.

On 21 May 2006 Reverend Andy Pawican, a pastor with the United Church of Christ in the Philippines and a defender of the rights of rural workers was shot and killed by armed men in Barangay Fatima, Pantabangan, Nueva Ecija.

On 27 May 2006 Mr Noel Capulong, spokesperson for the Southern Tagalog Environmental Action Movement and deputy secretary general of Bayan Muna in Southern Tagalog was shot and killed by unknown armed men.

Since August 2005, the Special Representative of the Secretary-General on the situation of human rights defenders, along with other Special Procedures mandate holders, has issued five communications concerning the killings of eight human rights defenders. On 11 May 2005, the Special Rapporteur on extrajudicial, summary or arbitrary executions also sent a letter of allegation concerning the extrajudicial killing of a labour rights activist by members of the military forces. To date, the Government of the Philippines has only responded to one of the communication sent by the Special Rapporteur on extrajudicial, summary or arbitrary executions as reflected in his report on communications (see E/CN.4/2006/53/Add.1).

With reference to your joint letter dated 02 May 2006 and 02 June 2006, please find attached the replies of the Philippine Government to the questions raised in said letters concerning cases of the following:

Information on the case of Ms. Annaliza Abanador-Gandia was also transmitted in a separate letter dated 08 September 2006 addressed to the Special Representative on the situation of human rights defenders and the Special Rapporteur on violence against women.

The Philippine National Police-Directorate for Investigation and Detective Management is still awaiting reports from the Police Regional Office on the case of Pastor Andy Pawikan. Information pertaining to this case, as well as the cases of Messrs. Vicente Denilla, Porferio Magsalang, and Enrico Cabanit will be transmitted to your office once they are received from concerned agencies.

"On 5 April 2006, Mr. Florencio Perez Cervantes was killed in his house in Barangay Santa Cruz, Rosario, Agusan del Sur. It is reported that armed men clad in bonnets forcibly entered the house of Mr. Cervantes while he and his family were sleeping and shot and killed him. It is further reported that an announcement was made by elements of the Philippine Army's 36"^h Infantry Battalion that Mr. Cervantes was killed in crossfire and that there has been no investigation to look into allegations that he was murdered. "

The Directorate for Investigation and Detective Management of the National Police Commission reported that the Regional Intelligence and Investigation Division of the Philippine National Police has conducted an investigation on the case. Police investigation reveals that on 01 Apri12006, a certain Julito Acevedo Piling a.k.a. Ka Dimpol, a member of the New People's Army (NPA), was arrested by members of the 36^th Infantry Battalion of the Philippine Army. It appears that Mr. Piling is the Vice Commanding Officer and platoon leader of Front Committee 14, North Eastern Mindanao Regional Committee of the NPA, the armed wing of the Communist Party of the Philippines. Upon his arrest, Mr. Piling divulge to the arresting officers that he entrusted his firearm to Mr. Cervantes.

With this information, members of the 36`^h Infantry Battalion together with police officers from the Agusan del Sur Police Provincial Office proceeded to the house of Mr. Cervantes to recover the firearm. While the officers were approaching the house of Mr. Cervantes, Mr. Cervantes opened fire upon them. One of the soldiers, a certain Pfc. Asara Nahar, was hit thereby prompting responding soldiers to retaliate and fire upon Mr. Cervantes. Mr. Cervantes was killed in the encounter. The police and the military recovered two pieces of firearm in the house of Mr. Cervantes.

At the moment, there is no information on whether the family of Mr. Cervantes has instituted a complaint against the members of the 36`^h IB for his death.

3. Please provide the details, and where available the results, of any investigation, medical examinations, and judicial or other inquiries which may have been carried out in relation to this case. If no inquiries have taken place or if they have been inconclusive please explain why.

Police investigation reveals that Mr. Cervantes died as a result of a legitimate military operation.

4. Please provide the full details of any prosecutions which have been undertaken. Have penal, disciplinary or administrative sanctions been imposed on the alleged perpetrators?

At the moment, there is no information on whether the family of Mr. Cervantes has instituted a complaint against the members of the 36`^x' IB for his death. As such, an answer to this question canne be provided.

5. Please indicate whether compensation bas been provided to the victim or to the family of the victim.

Inasmuch as there is no information on whether the family of Mr. Cervantes has instituted a complaint for his death, an answer to this question cannot be provided.

"On 15 Apri12006 Mr. Rico Adeva was shot and killed while he and his wife were on their way to Talisay, Negros Occidental, when three armed men blocked their way. It is reported that the armed men asked Mr. Adeva and his wife to lie down with their faces turned to the ground and that Mr. Adeva was shot seven times and suffered wounds in his head, neck and torso. "

The Directorate for Investigation and Detective Management of the National Police Commission reported that police investigation resulted in the filing of complaint against the suspects for the killing of Mr. Rico Adeva.

Mrs. Nenita Adeva, wife of Mr. Adeva, survived the attack and was able to describe her husband's killers. One of the suspects was identified as Ronald Europa y Porras, member of the Revolutionary Proletariat Army Red Fighter. According to Mrs. Adeva, Mr. Europa is a distant relative of her husband who used to visit their house at Hacienda de Fuego II. Mrs. Adeva was able to identify the other killer from police cartographic files.

Yes, a complaint for the killing of Mr. Adeva has been filed against Mr. Ronald Europa, a certain Boy Negro, and four John Does, before the Prosecutor's Office in Silay City, Negros Occidental and is docketed as IS No. 06-092.

For a better understanding of the issues at hand, it is essential to discuss the procedure involved in the prosecution of criminal offenses under the domestic criminal justice system.

The usual domestic procedure begins with a police investigation of the case. Thereafter, a criminal complaint is filed against the person who was found by the police to have committed the offense.

The complaint is filed before the municipal/city prosecutor's office (of the Department of Justice) or in place where there are no prosecutors, before the municipal trial court judge of the place where the criminal act was alleged to have been committed.

The prosecutor or the municipal trial court judge, then conducts a preliminary investigation or examination of the complaint. In the course of the investigation or examination, the prosecutor or the judge calls upon the complainant, the person being accused of the offense, and their witnesses to determine the veracity of the complaint. If the prosecutor or the judge is satisfied that there is reasonable ground to believe that the crime charged has been committed and that the accused is probably guilty thereof, lie recommends the filing of a criminal case before the trial court. After the filing of the criminal complaint (which is also called an "information"), trial on the case ensues.

During trial, the accused is accorded all the rights due an accused under the Constitution, such as, but not limited to the following: the right to be presumed innocent; right to counsel; right to be informed of the accusation against him; right to speedy, impartial and public trial; right to confront witnesses against him; and the right to compel the attendance of witnesses in his behalf. Upon the conclusion of trial, the trial court which heard the case will make a finding on the guilt of the accused and impose civil sanctions if it finds the accused guilty of the crime charged.

In the present case, the killing of Mr. Adeva is pending preliminary investigation before the prosecutor's office.

4. Please provide the full details of any prosecutions which have been undertaken. Have penal, disciplinary or administrative sanctions been imposed on the alleged perpetrators?

Inasmuch as the killing of Mr. Adeva is still pending preliminary investigation, the question relating to the imposition of sanctions against the supposed perpetrators cannot be answered at this instance.

5. Please indicate whether compensation has been provided to the victim or to the family of the victim.

As mentioned above, the killing of Mr. Adeva is still pending preliminary investigation; hence the question relating to the payment of compensation to the family of Mr. Adeva cannot be answered at this instance.

"On 10 May 2006, Ms. Elena Mendiola, Secretary General of the Bayan Muna (People First) Party, and her husband, Mr. Ricardo Balauag were killed by armed men in Barangay Gair, Echague, Isabela. It is reported that Ms. Elena Mendiola had previous1y been the subject of an attempt on her life on 10 March 2006. "

Investigation disclosed that on 10 May 2006 at around 7:30 p.m., the spouses Elena V. Mendiola, Secretary General of Bayan Muna, Isabela and Ricrdo A. Balauag, Chairman of Bayan Muna, Isabela were killed in Silauan Sur, Echague, Isabela.

2. Please provide the details, and where available, the results of any investigation, medical examinations or other inquiries which may have been carried out in relation to these cases. If no inquiries have taken place or if they have been inconclusive, please explain why.

Police investigation revealed that on 10 May 2006 at around 7:30 p.m., the spouses Elena V. Mendiola, Secretary General of Bayan Muna, Isabela and Ricardo A. Balauag, Chairman of Bayan Muna, Isabela, were killed in Silauan Sur, Echague, Isabela. The police recovered three spent shells of M14 rifle at the crime scene.

Investigation further disclosed that an eyewitness, a certain Bayani Villanueva, identified the suspects as Renato Busania and Timoteo Cruz, Jr., members of the Southern Front Communist Party of the Philippines/National People's Army (CPP/NPA), Cagayan Valley Regional Committee, Silauan Sur, Echague, Isabela.

Motive of the killing may have been the alleged malversation/misappropriation of funds for livelihood projects of the local Bayan Muna members, which could be the reason why the spouses were killed.

3. In the event that the alleged perpetrators are identified, please provide the full details of any prosecutions which have been undertaken; have any disciplinary or administrative sanctions been imposed on the alleged perpetrators?

A complaint has been filed against the suspects Renato Busania and Timoteo Cruz, Jr., before the prosecutor's office. The complaint is undergoing preliminary investigation and is docketed as IS No. 2006-E-635.

Inasmuch as the killings of Ms. Mendiola and Mr. Balauag are still under preliminary investigation, the question relating to the imposition of sanctions cannot be answered at this time.

4. Please indicate whether compensation has been provided to the family of the victim.

Inasmuch as the killings of Ms. Mendiola and Mr. Balauag are still under preliminary investigation, the question relating to the payment of compensation to the family of the victim cannot be answered at this time.

"On 18 May 2006 Ms. Annaliza Abanador-Gandia was shot and killed by two unknown gunmen. It is alleged that she was working inside the Duckie shop in Balanga City when two men arrived on a motorcycle and entered the shop. It is reported that Ms. Abanador-Gandia suffered eight gun shot wounds to her head and body. It is also reported that on 16 May 2006 Ms. Abanador-Gandia had been followed by two men on motorcycle... "

The Directorate for Investigation and Detective Management of the National Police Commission reported that police investigation resulted in the filing of a complaint against suspects. A certain Zenaida P. Alcoreza has reported to the police that she found the lifeless body of Ms. Abanador-Gandia, leader of the Pagkakaisa sa Kababaihan, inside her shop in Balanga City, Bataan. Investigators from the Balanga Municipal Police Station and the Scene of the Crime Operatives recovered four empty shells and one deformed caliber .45 slug from the crime scene. Police also took the testimonies of witnesses who were able to identify the suspects.

Yes, a complaint for the killing of Ms. Abanador-Gandia has been filed against a certain Allan Prado a.k.a. Lan, and a certain Jose Carrabero aka. Tok-Tok before the Office of the City Prosecutor, Balanga City. According to the police, both suspects belong to the New People's Army, the armed wing of the Communist Party of the Philippines.

For a better understanding of the issues at hand, it is essential to discuss the procedure involved in the prosecution of criminal offenses under the domestic criminal justice system.

The usual domestic procedure begins with a police investigation of the case. Thereafter, a criminal complaint is filed against the person who was found to have committed the offense.

The complaint is filed before the municipal/city prosecutor's office (of the Department of Justice) or, in places where there are no prosecutors, before the municipal trial court judge of the place where the criminal act was alleged to have been committed. The prosecutor, or the municipal trail court judge, then conducts a preliminary investigation or examination of the complaint. In the course of the investigation/examination, the prosecutor or the judge calls upon the complainant, the person being accused of the offense, and their witnesses to determine the veracity of the complaint. If the prosecutor or judge is satisfied that there is reasonable ground to believe that the crime charged has been committed and that the accused is probably guilty thereof, he recommends the filing of a criminal case before the trial court. Alter the filing of the criminal complaint (which is also called an "information"), trial on the case ensues.

During trial, the accused is accorded all the rights due an accused under the Constitution, such as, but not limited to the following: the right to be presumed innocent; right to counsel; right to be informed of the accusation against him; right to speedy, impartial and public trial; right to confront witnesses against him; and the right to compel the attendance of witnesses in his behalf Upon the conclusion of trial, the trial court which heard the case will make a finding on the guilt of the accused and impose civil sanctions if it finds the accused guilty of the crime charged.

In the present case, it appears that the killing of Ms. Abanador-Gandia is pending preliminary investigation before the prosecutor's office. The compliant is docketed as I.S. No. CP-162-06.

Inasmuch as the killing of Ms. Abanador-Gandia is still pending preliminary investigation, the question relating to the imposition of sanctions against the supposed perpetrators cannot be answered at this instance.

5. Please indicate whether compensation has been provided to the family of the victim.

Again, inasmuch as the killing of Ms. Abanador-Gandia is still pending preliminary investigation, the question relating to the payment of compensation to the family of Ms. Abanador-Gandia cannot be answered at this instance.

"On 27 May 2006, Mr. Noel Capulong, Spokesperson for the Southern Tagalog Environmental Action Movement and Deputy Secretary General of Bayan Muna in Southern Tagalog was shot and killed by unknown men. "

Investigation disclosed that on 27 May 2006, at about 6:00 p.m., Mr. Noel Capulong was shot while maneuvering his vehicle in Calamba City, Laguna by an unidentified assailant riding on a motorcycle.

Investigation conducted by the Calamba Municipal Police Station revealed that on 27 May 2006 at about 6:00 p.m., Mr. Capulong was shot to death while maneuvering his owner type jeep at a vacant lot in Barangay Parian, Calamba City. The assailants arrived on board a motorcycle and approached the victim and without any provocation shot the victim repeatedly.

Four spent shells of caliber.45 were recovered at the crime scene. A witness to the crime, a certain William Pol Atienza Pilayo, is coordinating with the Task Force USIG to establish the identity of the suspects.

Further investigation is being undertaken to establish the identity of the suspects and to file appropriate charges against them.

Inasmuch as the killing of Mr. Capulong is still pending police investigation and no suspects have been identified yet, the question relating to imposition of sanctions cannot be answered at this instance.

4. Please indicate whether compensation has been provided to the family of the victim.

As mentioned above, inasmuch as the killing of Mr. Capulong is still pending police investigation, the question relating to the payment of compensation to the family of Mr. Capulong cannot be answered at this instance.

Violation alleged: Impunity; Deaths due to attacks or killings by the security forces

The Special Rapporteur regrets that the Government of the Philippines has failed to cooperate with the mandate he has been given by the General Assembly and the Commission on Human Rights.

Letter of allegation dated 5 September 2006 sent with Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people

In this connection, we should like to refer to our previous communication of 16 March 2005 [Ref. AL G/SO 214 (33-22)], in which we brought to your Government's attention allegations concerning the killings of three brothers, Mr. Francisco Bulane, Mr. Padilla Bulane, and Mr. Prudencio Bulane, members of the B'laan's indigenous tribe. The three brothers were reportedly killed by members of 25th Infantry Battalion (IB) of the Philippine Army based in Santa Cruz on 8 February 2005 in Sitio Latil, Barangay Colonsabak, Kiblawan, Davao del Sur. The alleged perpetrators of these acts were under the command of Lieutenants Robert Betita and Josue Erie.

According to new communications we have recently received, the Office of the Ombudsman for the Militar and Other Law Enforcement Office (MOLEO) has incurred in serious delays in resolving the complaint filed against the two military lieutenants and their men. We have been informed that the Ombudsman allegedly failed to act on a resolution submitted by the Office of the Prosecutor on 15 June 2005 concerning the killing of the Bulane brothers. We have been informed that under the existing procedure, complaints against the military should be submitted to the Ombudsman's Office for appropriate action whether or not the case should be filed in court. The MOLEO's delay thus would leave the perpetrators of those serious crimes remain in impunity.

We urge your Government to take all necessary measures to guarantee that the rights and freedoms of the aforementioned persons are respected and accountability of any person guilty of the alleged violations ensured. We also request that your Government adopts effective measures to prevent the recurrence of these acts.

Moreover, it is our responsibility under the mandates provided to us by the Commission on Human Rights and reinforced by the appropriate resolutions of the General Assembly, to seek to clarify all cases brought to our attention. Since we are expected to report on these cases to the Human Rights Council, we would be grateful for your cooperation and your observations on the following matters:

4. In the event that the alleged perpetrators are identified, please provide the full details of any prosecutions which have been undertaken; Have penal, disciplinary or administrative sanctions been imposed on the alleged perpetrators?

5. Please indicate whether compensation has been provided to the victims or the family of the victims.

Violation alleged: Impunity; Deaths due to attacks or killings by the military

The Special Rapporteur appreciates the preliminary information from the Government of the Philippines regarding its investigation into the death of Isaias Sta. Rosa and its prosecution of those suspected of killing Victor Olayvar. He also appreciates being informed that the deaths of Ceasar Quimco and Napoleon Bautista are being investigated. The Special Rapporteur would request that the Government inform him of the results of each of these proceedings.

The Special Rapporteur would also observe that it would seem especially problematic that even the identities of those suspected of killing Isaias Sta. Rosa have yet to be established. The difficulties in solving that case would appear relatively minor. There were witnesses, the body of one suspect was found at the scene, that suspect was a member of the Army, and, according to an undisputed allegation, was carrying a signed mission order. The Special Rapporteur would suggest that it is crucial to ensure that the investigation into this and other cases is independent of those alleged to have been involved and that witness are provided the necessary security.

Letter of allegation dated 15 September 2006 sent with the Special Representative of the Secretary-General on the situation of human rights defenders

We would like to draw the attention of your Government to information we have received regarding the extrajudicial killings of Pastor Isaias Sta. Rosa, Ceasar Quimco, Victor Olayvar, and Napoleon Bautista allegedly by members of the military.

According to the information received, Pastor Isaias Sta. Rosa, a United Methodist Church religious worker and a member of the leftist Kilusang Magbubukid ng Bicol (Peasant Movement of Bicol), was killed in Barangay (village), Malobango, Daraga, Albay. On 3 August 2006, several armed men reportedly entered the house of Pastor Sta Rosa and ordered all those inside to drop to the floor. They then grabbed Pastor Isaias and beat him while trying to force him to admit that he was in fact a person named "Elmer". Pastor Isaias allegedly denied being that person and told them to check his identification card.

According to our source, Pastor Isaias was then taken outside. When his family was certain that the armed men had left, they rushed outside. His family found the dead body of Pastor Isaias lying in a nearby creek, some 40-50 meters away from their residence. He reportedly suffered six gunshot wounds in his chest, thigh and foot.

According to the information received, this case appears to involve the military, given that the body of an alleged perpetrator was found next to the Pastor’s body. The local police have identified the body as being that of Corporal Lordger Pastrana. The following items were found on his body: an identification card showing that he was a member of the Army's 9th Infantry Division (ID), based in Pili, Camarines Sur; a 45-caliber pistol; a cellular phone allegedly taken from Sta. Rosa's house; and a mission order detailing the operation he was part of and signed by Major Earnest Mark Rosal.

Corporal Pastrana is believed to have been one of the armed men who entered the house of Pastor Isaias, but it is thought that he was accidentally shot by his own men while Pastor Sta. Rosa was trying to escape. The Corporal reportedly received a bullet in the right side of his body.

On 22 August 2006, Ceasar Quimco was killed in Barangay (village), Ipil, Carmen, Cebu. According to our source, Mr. Quimco had received death threats and his family was being harassed by elements of the Army’s 78^th Infantry Battalion. It is reported that Mr Quimco had a conflict with two military attached to the said Battalion.

On 7 September 2006, Victor Olayvar was shot dead by armed men riding on a motorcycle at Bridge Caban, Barangay (village), Cantubod, Danao. At the time of his death, Mr. Olayvar was an active leader of Bagong Alyansang Makabayan or Bayan-Bohol. He was also the former president of HUMABOL (Bohol Peasant Organisation) from 1997 to 2000. Mr. Olayvar is believed to have been targeted by the military in Bohol as he was been threatened by elements of the 302nd Brigade.

According to the information received, the same day the death body of Napoleon Bautista was found in Barangay (village) Pungo, Calumpit, Bulacan. His hands were tied with wire and his feet had torture marks. He suffered two gunshot wounds to his head and back. According to our source, on 30 August 2006, Mr. Bautista was abducted together with his wife, allegedly by elements connected to the military. His wife was released a day after she was abducted while her husband remained disappeared. Napoleon Bautista was a member of Samahang Bantay Palaisdaan, a group of fishermen that belongs to a national organisation of fishermen Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya). El Sr. Bautista was amongst those who survived the Mendiola massacre in 1987. In that incident, government forces reportedly opened fire at a crowd of peasants and protesters killing several of them while they were holding a protest demanding land reform.

We are gravely concerned by the increase in reports of extra-judicial killings in the Philippines. Indeed, more than 50 killings have taken place since January 2006, many of which were brought to your attention in our letters sent to your Government in 2006. In the Annex to this letter you will find the latest cases of alleged extra-judicial executions which have been brought to our attention. The cases are illustrative of this broader tendency and share certain common elements: witnesses have reported victims being shot dead by unidentified men, with suspected links to the military police, and other security forces. The principal targets of the shootings are political opponents (in particular left-wing party activists), human rights defenders, journalists, lawyers, community leaders, and union workers who speak out against the authorities. According to the information received, the lack of effective investigation and prosecution of perpetrators creates a climate of impunity which further fuels human rights violations and extrajudicial killings.

While we do not wish to prejudge the accuracy of these allegations, we urge your Excellency’s Government to take effective measure against impunity to deter and prevent further assassinations political activists.

In this respect, we would like to recall that, as reiterated in Commission on Human Rights Resolution 2005/34 on “Extrajudicial, summary or arbitrary executions” (OP 4), all States have “the obligation (…) to conduct exhaustive and impartial investigations into all suspected cases of extrajudicial, summary or arbitrary executions, to identify and bring to justice those responsible, (…) and to adopt all necessary measures, including legal and judicial measures, in order to bring an end to impunity and to prevent the recurrence of such executions”. This obligation, affirmed also in the jurisprudence of the Human Rights Committee (see, e.g. the Committee’s views in Arhuacos v. Colombia, Communication no. 612/1995, § 8.8.), is indeed part and parcel of the obligation to respect and protect the right to life enshrined in Article 3 of the Universal Declaration of Human Rights and Article 6 of the International Covenant on Civil and Political Rights.

We would also would like to refer your Excellency's Government to the fundamental principles set forth in the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, and in particular articles 1 and 2 which state that everyone has the right individually or in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels” and that “each State has a prime responsibility and duty to protect, promote and implement all human rights and fundamental freedoms, inter alia, by adopting such steps as may be necessary to create all conditions necessary in the social, economic, political and other fields, as well as the legal guarantees required to ensure that all persons under its jurisdiction, individually and in association with others, are able to enjoy all those rights and freedoms in practice”.

Furthermore, we would like to bring your Excellency’s attention to the following provisions, and in particular:

It is our responsibility under the mandate provided to us by the Commission on Human Rights and reinforced by the appropriate resolutions of the General Assembly, to seek to clarify all cases brought to our attention. Since we are expected to report on these cases, we would be grateful for your cooperation and your observations on the following matters:

3. In the event that the alleged perpetrators are identified, please provide the full details of any prosecutions which have been undertaken; have penal, disciplinary or administrative sanctions been imposed on the alleged perpetrators?

4. Please indicate whether witnesses to these attacks have been afforded with adequate security and witness protection.

5. Please indicate whether compensation has been provided to the victim and the families of the victim.

DATE OF INCIDENT, SURNAME, FIRST NAME, AGE, SEX, ORGANIZATION, PLACE OF INCIDENT, SUSPECTED PERPETRATOR.

10 January 2006,ADRIALES ANTONIO, 60,M,Leader of Aguman Dareng Maldang Talapagobra Quenh Gabun (AMTG) in Mexico, Pampanga San Isidro, Laug, Mexico, Pampanga, reportedly killed by two unidentified gunmen

16 January 2006,RODRIGUEZ OFELIA, 61, F, Member of Divisoria Farmers Association, affiliated with Agumandareng magal alautang Capampangan (AMC) and Alyansang magbubukid sa gitnang Luzon (AMGL)Barangay Divisario, Mexico, reportedly killed by two armed men on motorcycles believed to be members of the 69th Infantry Battalion of the Philippine army (IBPA) headed by 2nd Lt. John Paul Nicolas

reportedly killed by four military men attached to the 71^stInfantry Batallion, Philippine Army led by an officer named Canlas

31 January 2006, SALGADO DANTE, 17, M, Farm labourer Santa Ignacia, Tarlac, reportedly killed by four military men attached to the 71^stInfantry Batallion, Philippine Army led by an officer named Canlas.

13 February 2006, LUCERO AUDIE, 19, M, Member of Youth for Nationalism and Democracy- Battaan, Brgy. Capitangan, Abucay, Battaan

Reportedly killed by policemen attached to Balanga and Lubao Police in Bataan, elements of either 24 th or 64th Infantry Battalion of Philippine army.

17 February 2006, EVANGELISTA MELANIO, 43, M, a peasant leader of the Kapunungan sa mga Mag-uuma sa Surigao Sur (KASMASS) (organisation of peasants in Surigao Sur) Purok Brotherhood, Barangay Unidad, Gatwait, Surigao del Sur, killed by unidentified armed men

4 March 2006, CALOZA ARTURO, 28, M, a peasant and member party list Bayan Muna (People first) Zone 5, Barangay villa Marina, San Jose cityNueva Ecija, center, reportedly killed by armed men wearing a ski mask and a black and blue jacket/ Soldiers were stationned 60 meters to the crime scene and did not move

7 March 2006,ARINQUE NESTOR, 39, M, Chaiman of Hugpong sa mga Mag-uuma sa mabini (United peasants in Mabini), Provincial road of Purok 1, Acaba, Mabini, Bohol, killed by three unknown gunmen riding a motorcycle

9 March 2006, SANCHEZ ROMEO, 39, M, Leader and Coordinator of Bayan Muna (a legitimate and progressive party highly critical of the government), for Ilocos, in front of Cebuana Lhuillier and Western Union Bank along 3^rd Kayang St., Baguio City, killed by unidentified gunmen

10 March 2006, TEODORO CRISANTO, 45, M, Member of party list Bayan Muna/ chairperson of Bagong, Alyansang Makabayan (BAYAN), Menzyland Subdivision, Malolos, Bulacan, killed by two gunmen on a motorcycle

17 March 2006, CRUZ TIRSO, 33, M, Board of director of the United Luisita Workers Union (ULWU) and member of the barangay council Barangay Pando, conception, Tarlac, reportedly killed by armed men riding a motorcycle believed to be elements of the 71st Infantry Battalion of the Philippine army (IBPA)

19 March 2006, HUGO CRIS, 20, M, Journalist student, regional Coordinator and National Council, Member of the League of Filipino Students (LFS)

Barangay Bagumbayan, Washington drive, Legaspi City, Albay, killed by two motorcycle riding armed men.

20 March 2006, ABELON AGNES, 30, F, Wife of Amante ABELON, Vice chairman Alliance of Peasant from central Luzon or AMGL-Zambales Sitio Mauao, Barangay San Isidro, Castillejos, Zambales, reportedly killed by

20 March 2006, ABELON AMANTE JR, 5, M, Son of Amante ABELON, Vice chairman Alliance of Peasant from central Luzon or AMGL-Zambales

Sitio Mauao, Barangay San Isidro, Castillejos, Zambales, reportedly killed by members of the Army intelligence Group

3 April 2006, ESTORBA-CUNADO LIEZELDA, 30, F, Staff member of the Gabriela Women's Party Barangay Panadtaran, Candijay, Bohol, reportedly killed by the victim's neighbour, Joel Bayron, a member of the Barangay Intelligence Network Handled by the 15th Infantry Battalion, Philippine Army

22 April 2006, SANCHEZ MARILOU, 42, F, A member of party list Bayan Muna (People first), Barangay Magsikap, General Nakar, Quezon, reportedly killed by 10 armed men believed to be members of the 16th Infantry Battalionn Philippine army (IBPA)

22 April 2006, RUBIO VIRGILIO, 40, M, The brother of Marilou Sanchez, Member of party list Bayan Muna (People first) Barangay Magsikap General Nakar, Quezon, reportedly killed by 10 armed men believed to be members of the 16th Infantry Battalionn Philippine army (IBPA)

2 May 2006, CERVANTES NICHOLAS, 66, M, Newspaper columnist of a provincial newspaper in Suriago, Philippines, Mandaluyong City, killed by unidentified armed men

9 may 2006, TINAMBACAN JEMIAS, 49, M, Resident Pastor, United Church of Christ in the Philippines (UCCP), Provincial Chairman of Bayan Muna-Misamis , On the road between Oroquieta City and Lopez Jaena, Misamis Occidental, killed by 4 armed men, one of them was identified by his wife as Mr. Mamay Guimalan who is military intelligence personnel

16 May 2006, DOTON JOSE, 62, M, Member of the United Church of Christ in the Philippine (UCCP), Secretary General of Bayan Muna-Pagasinan and President of Tignayan dagiti Mannalon A Mangwayawaya (TIMMAWA)

7 July 2006, DIAZ PAQUITO, 44, M, Chairman of the Confederation for unity, recognition and adcance of government employees for esatern Visayas

In front of his house, Tacloban city, Palo, Leyte, killed by two unidentified armed men on a motorcycle XPM model type, wearing white tee-shirt and jeans, the driver wore a baseball cap while his companion was hooded with a black bonnet

20 July 2006, CASTILLO ALMABELLA, F, Bayan Muna-Isabela Secretary-general, also in Echagüe, Near Isabela State University, Echague, Isabela

In front of his house, Misamis Oriental , killed by three unidentified armed men

Barangay Veronica in Lopez, Quezon, reportedly killed by members of the 76^th Infantry Batallion of the Philippine Army,

Inside his home in Barrangay (village) Parista in the town of Lupao, province of Nueva Ecija, reportedly killed by members of the 71^st Infantry battalion

31 July 2006, GURAN RIE MON, 21, M, Spokesperson of League of Filipino Students in Aquinas University in Legazpi City, Bulan, Sorsogon, killed by unidentified armed man

Response of the Government of the Philippines dated 27 November 2006 to an allegation letter dated 15 September 2006

The Government of the Philippines responded to a communication sent by the Special Rapporteur on 15 September 2006 concerning the alleged extrajudicial killings of Pastor Isaias Sta.Rosa, Mr. Ceasar Quimco, Mr. Victor Olayvar, and Mr. Napoleon Bautista.

The case of Mr. Ceasar Quimco, killed in Barangay Ipil, Carme, Cebu on 22 August 2006, is still under investigation by the Philippine National Police- Police Regional office (PNP-PRO) 7. Meanwhile, the case of Mr. Napoleon Bautista, killed in Barangay Pungo, Calumpit, Bulacan on 30 August has been referred by the Philippine National Police- Directorate for Investigations and Detective Management (PND-DIDM) to PNP-PRO 3 for in depth investigation.

Alleged extrajudicial killings of Pastor Isaias Sta.Rosa, Mr. Ceasar Quimco, Mr. Victor Olayvar, and Napoleon Bautista.

The shooting incident that resulted in the death of Pastor Isaias Sta. Rosa together with Cpl. Lordger G. Pastrana, member of the Philippine Army, transpired on 30 august 2006 in Barangay Malobago, Daraga, Albay. Preliminary investigation by Philippine National Police-Police Regional Office (PNP-PRO) 5 revealed that Cpl. Pastrana together with unidentified suspects forcibly dragged Pastor Sta. Rosa outside his residence and successive gunshots were heard afterwards. The suspects took the mobile phone, laptop computer and undetermined amount of money from the victim. Investigators recovered from the crime scene, near the body of Cpl. Pastrana, one mobile phone believed to be taken from the daughter of the victim, brown wallet containing ID and other documents of Cpl. Pastrana, 1 cal. 45 pistol with silencer and a magazine loaded with 6 live ammunitions.

Pastor Sta. Rosa was a high-ranking member of Kilusang Magbubukid ng Pilipinas holding a high position in the National Democratic Front. Investigators from PNP-PRO 5 are still conducting in-depth investigation regarding said killing.

The alleged killing of Mr. Victor Olayvar, Chairman of Hiukbong Maguumang Bolanon (HUMABOL) on 07 September 2006, at Barangay Cantubod, Danao, Bohol is believed to be motivated by purging, as his own comrades in the Communist Party of the Philippines/New People's Army/National Democratic Front (CPP/NPA/NDF) ordered the killing of Mr. Olayvar.

Based on the accounts of the witnesses, the suspects were identified as Rolando Torres, Marlou Betas and Neil Logronio. Mr. Torres was arrested on 11 September 2006 and recovered from him was the red motorcycle apparently used in the killing of Mr. Olayvar.

A case of murder was filed against all suspects before the Bohol Provincial Prosecutor's Office under I.S. No. 06-2860.

Please provide the details, and where available the results of any investigation, medical examinations, or other inquiries which may have been carried out in relation to these cases. If no inquiries have taken place or if they have been inconclusive, please explain why?

Reference is made to the results of the investigations as provided for in question number 1.

In the event that the alleged perpetrators are identified, please provide the full details of any prosecutions which have been undertaken; have any penal, disciplinary sanctions been imposed on the alleged perpetrators?

No prosecution has been undertaken yet as the identities of the alleged perpetrators have not yet been established.

A case of murder was filed against all the suspects before the Bohol Provincial Prosecutor's Office under I.S. No. 06-2860.

Please indicate whether witnesses to these attacks have been afforded with adequate security and witness protection.

The PNP reports did not indicate whether witnesses have been afforded with security and protection.

Please indicate whether compensation has been provided to the victim and the familles of the victim.

No compensation has yet been provided to the victims or the familles of the victims.

Correspondence from 2006

The record of correspondence for 2006 is excerpted from the official United Nations report, E/CN.4/2006/53/Add.1.

Philippines: Death Sentence of Francisco Larra�aga

Violation alleged: Non-respect of international standards relating to the imposition of capital punishment

Subject(s) of appeal: 1 male

Character of reply: Largely satisfactory response

Observations

The Special Rapporteur appreciates the information provided by the Government of the Philippines.

Urgent appeal sent on 19 April 2005

Francisco Larra�aga, a Spanish-Filipino national, who was sentenced to death on 4 February 2004 by the Supreme Court of the Philippines for the alleged kidnapping, murder and gang-rape of Marylan and Jacqueline Chiong in 1997. I am aware that various amicus curiae briefs as well as petitions have been presented in relation to this case, including by the President of the European Parliament and a variety of other groups of legal experts.� The information that I have received in relation to serious procedural and other irregularities in the trial proceedings would seem to be sufficient to raise at least some doubts as to Mr. Larra�aga�s guilt. It may be that your Excellency�s Government has already undertaken a detailed review of this case in response to the concerns that have been expressed but if so I have not seen this information.� Given the level of the concern that has arisen and the seriousness of the suggested irregularities, I would be grateful for any detailed information your Excellency�s Government may be able to provide in relation to this case.

Even if the avenues for redress from the courts have now been closed, I request your Excellency�s Government to exercise its prerogatives to ensure that the process conforms to pertinent international standards.� Finally, in the context of such a case, it may well be appropriate for the fullest consideration to be given to a grant of clemency at the prerogative of President Macapagal-Arroyo.

Response of the Government of the Philippines dated 25 May 2005

The Government provided a copy of the per curiam decision of the Supreme Court of the Philippines in People vs. Larranaga, et al. (G.R. Nos.� 138874-74, 3 February 2004). �A reading of the decision negates allegations of �serious procedural and other irregularities in the trial proceedings� of the Larranaga case.

Under the Philippines� domestic laws, more particularly Article 83 of the Revised Penal Code as amended by Section 25 of the Death Penalty Law, upon the finality of a decision imposing the death penalty, the case is automatically forwarded to the Office of the President for the possible exercise of the President�s pardoning power. Nevertheless, the Department of Foreign Affairs has forwarded to the Office of the President the Special Rapporteur�s request that Mr. Larranaga be granted clemency.�

Philippines: Killing of Francisco Bulane, Padilla Bulane, and Prumencio Bulane

Violation alleged: Death due to attacks by security forces

Subject(s) of appeal: 3 males (members of ethnic minority)

Character of reply: Cooperative but incomplete response

Observations

The Special Rapporteur appreciates the preliminary information provided by the Government of Philippines and will request the results of the judicial process to which it refers.

Allegation letter sent on 16 March 2005 with the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people

Three brothers, Mr. Francisco Bulane, aged 32, Mr. Padilla Bulane, aged 29 and Mr. Prumencio Bulane, aged 28, farmers belonging to an indigenous Tribe B�laans and residents of Sitio Latil, Barangay Colonsabak, Matan-ao, Davao del Sur, in Mindanao were reportedly killed by members of 25th Infantry Battalion (IB) of the Philippine Army based in Santa Cruz on 8 February 2005 in Sitio Latil. They had gone fishing in the river at 6:30 on 8 February 2005 along with three other persons. According to the information received, the victims were prepared to eat what they had caught when 50 members of the 25th Infantry Battalion started firing at them. Francisco Bulane, Padilla Bulane and Prumencio Bulane died instantly

Response of the Government of the Philippines dated 7 July 2005

Following is a report from the Philippine National Police regarding the incident:

According to the military, the incident was a legitimate operation which involved an encounter with rebel groups in a far-flung area that is known to be a stronghold of communist terrorists, the New People�s Army and B�laan bandits. The military claimed that those killed were members of a splinter group of communist terrorists who were the ones who ambushed the military. On the other hand, the survivors in the encounter claimed that the military attacked them with heavy gunfire and without reason. Killed in the incident were the brothers Francisco, Padilla and Prumencio, while their two other brothers, Richard and Rogelio and the latter�s son, Ricky, were wounded.

On 18 February 2005, the military filed a case of attempted murder, docketed as Criminal Case No. 8247, against Richard, Rogelio and Ricky Bukane, before the 3^rd Municipal Circuit Trial Court of Padada-Kiblawan, Davao del Sur. The case was dismissed on 7 March 2005 based on a resolution issued by Judge Segundino D. Maniwang which recommended that a case for rebellion be filed instead against the accused Bulane�s. Meanwhile, the three accused also filed a case for murder and frustrated murder against First Lieutenant Roberto Betita and First Lieutenant Josue Erie, team leaders of the 25^th Infantry Battalion, before the Office of the City Prosecutor�s Office, Digos City, Davao del Sur, docketed as IS No. DS-2005-0-40.

Philippines: Extrajudicial Execution of Ellasar, Concepcion and Charlie Monsalud

Violation alleged: Death due to attacks or killings by security forces

Subject(s) of appeal: 2 males (1 minor); 1 female

Character of reply: No response

Observations of the Special Rapporteur

The Special Rapporteur regrets that the Government of the Philippines has failed to cooperate with the mandate he has been given by the United Nations Commission on Human Rights.

Allegation letter sent on 15 March 2005

Mr. Ellasar Monsalud, aged 48, Mrs. Concepcion Monsalud, aged 39 from Purok 3, Lower Calabat, Josefina, Zamboanga del Sur were members of a rebel group which operated in the Lanao del Norte area up to 2001. They had reportedly stopped their activities since that time. It is alleged that on 6 November 2004, Mr. Ellasar Monsalud had come across a soldier who had recognized him as being a member of a rebel group. On 10 November 2004, Ellasar and Concepcion Monsalud went to surrender to the police in Josefina, in order to clear their name and avoid harassment. They were reportedly brought to the Tabak 1st Infantry Division, Philippines Army in Pulacan, Labangan, Zamboanga del Sur where they found out that no case had been filed against them nor any arrest warrant issued. Reports indicate that on 4 December 2004, at around 4:30 a.m., six armed men, among whom 5 were wearing military uniforms, went to the house of Ellasar and Concepcion Monsalud and shot them dead, killing also their 10 year-old son Charlie Monsalud.

Philippines: Killing of Three Human Rights Defenders

Violation alleged: Impunity

Subject(s) of appeal: 3 males (human rights defenders)

Character of reply: No response

Observations of the Special Rapporteur

The Special Rapporteur regrets that the Government of the Philippines has failed to cooperate with the mandate he has been given by the United Nations Commission on Human Rights.

Allegation letter sent on 11 May 2005

Mr. Marcelino Beltran, a labour rights activist who was killed by military forces.� Mr. Marcelino Beltran, aged 53, was Chairman of the Alliance of Peasants in Tarlac, as well as Vice-Chairman of the Alliance of Peasants in Central Luzon (Alyansa ng mga Magbubukid sa Gitnang Luzon � AMGL). He participated in a strike by farm workers of Hacienda Luisita Sugar Mill and was a key witness to the dispersal of strikers on 16 November 2004 when 7 peasants allegedly were killed as members of the National Police and military personnel belonging to the 69th and 703rd Infantry Battalion tried to disperse the crowd. Reportedly, two children, aged 2 and 5, also died of suffocation due to the use of tear gas. On 14 December 2004, Mr. Marcelino Beltran was set to testify in a congressional investigation into the dispersal.

He was killed on 8 December 2004, allegedly by military forces in San Sotero, Santa Ignacia, Tarlac. It is reported that at around 9:00 p.m., Mr. Marcelino Beltran went outside of his house as he heard his dogs barking. A few minutes later, he received gunshots. According to the information provided, he was still alive when his relatives took him to the nearest clinic and was able to identify his murderers as being members of the military. It is further reported that upon their arrival at the clinic, they saw soldiers on a motorcycle and decided to bring Mr. Beltran to the Tarlac Provincial Hospital. He died on the way to the hospital. He suffered from four gunshot wounds on his arm, thigh, stomach and back.

I have further been informed that two others persons who were also involved in the defense of the workers have been killed by unidentified gunmen.

Mr. Abelardo Ladera, aged 43, was a City Councilor of Tarlac, in Luzon and a provincial Chapter leader of Bayan Muna. He had protested against the 16 November 2004 dispersal of strikers at Hacienda Luisita Mill, to which he was a witness, and had mediated between farm workers and their employer. He was shot at on 3 March 2005, at around 1:00 p.m. in front of a store located in Baranguay Paraiso in Tarlac City. He received one fragmented bullet in the chest. He was taken to the Central Luzon Doctor�s Hospital where he reportedly died of massive loss of blood due to his injury. Mr. Ladera was one of the negotiators in the dispute between Hacienda Luisita Management and strikers.

Reverend Fr. William Tadena, aged 37, an Aglipayan Church leader and member of the Promotion of Church People�s Response who had organised a relief mission for the striking workers at Hacienda Luisita Mill and donated about 100 bags of relief goods. He was killed on 13 March 2005 at 7:30 a.m by two armed men on a motorcycle. He had celebrated mass in Baranguay Guevarra and was in front of the Guevarra Public Elementary School when he was shot at. He suffered multiple gunshots wounds and died minutes after reaching the Central Luzon Doctor�s Hospital in Tarlac. Reverend Tadena was with friends who were also injured in the shooting.

Concern is expressed that the reported killings of Mr. Marcelino Beltran, Mr. Abelardo Ladera and Reverend Fr. William Tadena may be in retaliation of their human rights defence activity and in particular in connection with the strike of workers at Hacienda Luisita Mill.

In light of these successive killings of human rights defenders who took part in the strike of Hacienda Luisita workers, I invite your Excellency�s Government to promptly, independently and thoroughly investigate these allegations. In addition, I would urge your Excellency�s Government to take any steps which might be necessary in order to adopt effective measures to prevent the recurrence of such acts.

Correspondence from 2005

The record of correspondence for 2005 is excerpted from the official United Nations report, E/CN.4/2005/7/Add.1.

Type, date and summary of communication: Allegation, 13 April 2004. Mitchie Boy Vega Corong, aged 16, and his brother Nestor Vega Corong Jr., aged 13, who were reportedly shot dead on 19 October 2003 by units of the PA/CAA 803rd Infantry led by Major Domingo B. Gobway in Catarman, Samar. According to the information received, they were on their way home after fishing with their father Nestor Corong Sr. when they were shot at. It is further reported that a few 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 Gobway�s unit. They claimed that the boys were hit during an encounter with members of the Waray-Waray Gang of suspected criminals. Reports indicate that the local police report, signed by the Police Senior Inspector Antonio Villareal Artuz, stated the same. The army claimed that the two boys were members of that gang. However, Senior Inspector 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. According to the information received, there was no impartial investigation of this case and the perpetrators were not therefore brought to justice.

Type, date and summary of communication: Allegation sent with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, 17 May 2004. Concerning reports of executions over recent months in the context of military anti-insurgency operations against the New People's Army (NPA), the armed wing of the Philippine Communist Party (CPP) and of the pre-election period. It is believed that these executions might be attributable to members of,, or people with links to the Armed Forces of the Philippines (AFP). In particular, violent attacks on Bayan Muna and Anak Pawis party members are reported to be part of a wider pattern of killings and "disappearances" of left-wing opposition activists and human rights defenders, members of lawful political parties which have been publicly labelled by some senior military officials as "front organizations" for the NPA. Concerns are expressed that such attacks might increase in the context of the national elections on 10 May 2004.

In this context on 28 April 2004, Isais Drummond Manamo, the Secretary General of the political party Anak Pawis in Mindoro Oriental province, was killed by an unidentified armed man. The following day, both Rogelio Perez, a Bayan Muna party official in Quezon, and his wife Cristina Perez, a Bayan Muna party member, were shot at. Rogelia Perez died as a result of the attack while his wife was severely wounded. Similarly, it is reported that on 13 February 2004, Juvy Magsino, a human rights lawyer running for mayor in the May elections, and Leyma Fortu, a worker for the human rights organisation Karapatan, both members of the Bayan Muna political party, were shot dead by two men while they were driving at a friend's house. It is believed that these executions might be related to the pre-elections tensions and to the actions of a vigilante group linked to a local brigade of the AFP.

Government reply: Response dated 4 August 2004. Allegation concerning the death of Mr. Manamo. The Government of Philippines informs that an investigation is conducted by the Calapan city Police Office. No evidence has been gathered to link the killing to any member of the military or the police.

Allegation concerning the Perez couple. An investigation is being carried out and there is no evidence linking the killers with the police or military.

Allegation concerning Attorney Juvy Magsino and Ms. Leyma Fortu. The police identified two suspects, namely Reynante Antenor and another �John Does�, whose identity has not been firmly established. They were both charged on 26 February 2004 for murder and conducted before the Provincial Prosecutor�s Office in Calpan City, Mindoro.

The Government strongly denies that the above mentioned allegations occurred in the context of counter-insurgery operation undertaken by the Armed Forces of the Philippines. Allegations concerning violent attacks, killings and disappearances of left-wing activists and human rights defenders are false. Some members of those organizations were elected to the Philippines house of Representatives during the elections held on 10 May 2004.

Observation of the Special Rapporteur: The Special Rapporteur thanks the Government for its reply.

Type, date and summary of communication: Allegation, 21 July 2004. Maylene Golloso, aged 13, and Raymund Golloso, aged 6, who were shot dead by military soldiers on 7 May 2004 in Bulan, Sorsogon. Their mother left the family's house at around 2:35 pm that day, leaving her four children at home. Raymund and Resty, aged 9 were playing outside near the house and their two sisters, Maylene and Melody, aged 18, were cooking inside the house when they heard a loud burst of gunfire and immediately called their brothers to come inside. The four siblings then hid in their parents' bedroom. The gunfire stopped a short time during which Maylene and Raymund went to see if there was anybody outside. They were then hit by two gunshots coming from the direction of the barangay road. Reports indicate that, right before the killings, Ms. Golloso had seen a group of military soldiers in the barangay centre including Cesar Loares, an element of the Citizen Armed Force - Geographical Units (CAFGUs) under the command of Col. Romeo Cabatic, and a resident of Brgy. Quirino, Bulan, Sorsogon. After she heard the first gunshots, Ms Golloso ran back towards to her house. She saw seven military soldiers next to it, three were hiding behind coconut trees and the rest was crawling on the ground. She entered her house and saw her dying children. She immediately ran outside and cried for help but the soldiers did not bring her assistance and left the area. Upon request of the soldiers, the barangay captain signed a certification stating that they had engaged in an encounter with rebels of the New People's Army near the house and that the NPA members were the first to shoot, killing the two children. At the time of writing this communication, there were no indication that the perpetrators have been brought to justice.

Government reply: Response dated 20 December 2004. According to the Government, the investigation conducted by the Commission on Human Rights of the Philippines (CHRP) revealed that the two children seemed to have been unfortunately caught in the middle of an encounter between military troops that were present in the area to conduct security patrols for the elections and members of the New People�s Army (NPA). The CHRP has assisted the Golloso fa mily in the filling of the proper case against the military personnel concerned. The case, which is now pending resolution before the Office of the Provincial Prosecutor in Sorsogon, is being closely monitored. CHRP has also recommended the grant of financ ial assistance to the bereaved family. Further developments on the case will be duly reported once they are received by the Mission

Observation of the Special Rapporteur: The Special Rapporteur thanks the Government for its reply.

Type, date and summary of communication: Allegation, 18 November 2004. Mr. Avelino Billiena and Mr. Clemente Calantrava were killed reportedly by members of the Armed Forces of the Philippines in the Laguna region between October 13 and 15 October 2004. On 13 October 2004, an armed confrontation between the New People's Army (NPA) and the joint forces of SOLCOM, Air Force and 1st Infantry Battalion of the Armed Forces of the Philippines took place on the line separating the two provinces of Laguna and Quezon. Furthermore, allegations indicate that on 14 October 2004, at about 10:00 in the morning, two gunshots were heard and that two helicopters were apparently roving around the area. On 15 October 2004, members of the Armed Forces displayed the victim�s bodies in the Plaza of Cavinte in Laguna, claiming that they belonged to the NPA. The bodies wore boots and bonnets. They had NPA marks visible on their faces. They allegedly had gunshot wounds from hips to feet. It is further reported that Clemente Calantrava's body was torn apart by the bullets. According to the information provided, the victim's families deny that they were NPA members.

Charlie Davao, Ganadi Pinamaylan and Charlie Utag from Brgy Datu Davao.were shot dead reportedlly by members of the 60th Infantry Battalion, led by 2nd Lt. Salcedo and Chief Torres. The incident occured in a restaurant in Poblacion Laak, Compostela Valley Province, Mindanao on 24 April 2004 at 3 p.m. Another person was wounded during the incident. The above mentioned victims were members of a party-list group, Bayan-Muna and belonged to an indigenous organization, the Ata Manobo Didabawon Umayamnon Mandaya Association (AMADU). Allegations indicate that three men in plain clothes riding motorcycles stopped at the restaurant where the victims were and fired their gun shouting �You are members of the New People�s Army!� (a communist party). It has been reported that Ganadi Pinamaylan did not die instantly and asked for mercy, before he was shot at close range. According to the information received, members of the 60th Infantry Battalion were not identified at first, since they were wearing civilian clothes. But they were identified as so when Lt. Salcedo and Chief Torres entered the scene just seconds after the shooting.

Correspondence from 2003

The record of correspondence for 2003 is excerpted from the official United Nations report, E/CN.4/2003/Add.1.

On 28 August 2002, the Special Rapporteur sent an urgent appeal to the Government of the Philippines regarding Rolando Pagdayawon who was reportedly going to be executed on 3 September 2002. He was allegedly convicted of the rape of his common-law wife's nine-year-old daughter. If the execution was to go ahead, it would be the first for more than two years and would mark the end of a de facto moratorium. Indeed, a de facto moratorium has been in place since the former President, Joseph Estrada, announced a suspension of executions to mark the Christian Jubilee year in 2000. Besides, when President Arroyo came to power, she stated she would not support the death penalty being carried out. Nevertheless, in response to pressure from anti-crime lobbyists and the business community, she later announced a change in decision, saying that convicts sentenced to death would be executed.

On 18 September 2002, the Special Rapporteur sent an allegation to the Government the Philippines relating to the following cases:

According to the information received, Benjaline Hernadez was visiting the Arakan valley to conduct research into previous reports of killings of civilians. On 5 April 2002, she was having lunch with Cristanto Amora, Vivian Andrade and Labaon Sinunday, when members of the citizen�s armed forces of the Philippines (CAFGU) and the 7th Battalion / 12th Special Forces Company of the Armed Forces of the Philippines (AFP) allegedly opened fire on the building, forcing the occupants to run outside. It is alleged that CAFGUSs and military personnel ordered Benjaline Hernadez, Cristanto Amora and Vivian Andrade to lie on the ground and shot them dead at close range. It is further reported that Labaon Sinunday tried to run away and was fatally wounded a few metres away from the building.

According to the information received, Mr. Nagasao, a coordinator for Bayan Muna, was allegedly abducted from his home in Barangay Villa Campo, by armed men believed to be members of 45th Infantry Battalion of the AFP. Despite repeated attempts to locate Mr. Nagasao by the Bayan Muna, his whereabouts were unknown until 26 March 2002 when the Isabela Office of the Bayan Muna was informed that his body had been discovered in a shallow grave on 20 March 2002.

On 7 August 2002, the Government of the Philippines replied to an allegation sent on 30 September 2001 relating to Joel de Jesus, Lorenzo delos Santos, Cesar Fortuna, Rameses de Jesus, Lenido Lumanog, Romeo Costibolo and Augusto Santos who were sentenced to death and allegedly subjected to torture. The Government informed that in disposing the case, the regional Trial Court in Quezon citiy did not give credence to the accused�s allegation of torture, maltreatment and illegal extraction of confession. In light of the death penalty imposed by the court, the case was transmitted to the Supreme Court for automatic review where it is still pending to date.

Correspondence from 1983-2002

The United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions has been corresponding with Governments regarding alleged violations since the mandate was established over two decades ago. While the Project on Extrajudicial Executions is making efforts to provide easily browsed versions of as many years as possible, much of the earlier correspondence is available only in the PDF versions of reports from 1983 to the present.

Philippines: Visits & Communications

Correspondence from 2007