UN Castigates Philippine Gov’t on Marcellana-Gumanoy Case

In February 2007, UN Special Rapporteur on Extrajudical, Summary and Arbitrary Killings Philip Alston pointed to the Armed Forces of the Philippines as the culprit behind the spate of extrajudicial killings and enforced disappearances. Recently, the United National Human Rights Committee concluded that the Philippine government violated the rights of Eden Marcellana, then secretary general of Karapatan-Southern Tagalog, and Eddie Gumanoy, former secretary general of peasant group Kasama-TK, who were victims of extrajudicial killings in 2003.

BY RONALYN OLEA
HUMAN RIGHTS WATCH
Bulatlat

Families of slain activist Eden Marcellana and human rights group Karapatan welcomed the United Nations Human Rights Committee’s (UNHRC) findings on the murder of Marcellana and Eddie Gumanoy. The UNHRC concluded that the Philippine government failed to protect the rights of Marcellana and Gumanoy and provide remedies for redress for the relatives of the victims.

The incident

Based on a fact sheet released by Karapatan immediately after the incident, the two victims, together with three others, were abducted in Maibon, Naujan on April 21, 2003. They were part of an 11-member quick reaction team (QRT) tasked to investigate cases of abduction and killings in Gloria and Pinagmalayan towns in the province.

On their way back to Calapan City, a group of some 20 bonnet clad armed men in a private jeep and motorcycles blocked them. They took Eden Marcellana, Eddie Gumanoy, Virgilio Catoy “King” II, Melvin Jocson and Francisco Saez with them in the jeep.

Marcellana was then the secretary general of Karapatan-Southern Tagalog. Gumanoy was chairperson of the peasant group Kasama-TK.

Jocson and Saez are provincial coordinators of a partylist group Anakpawis, and Catoy is a videographer for audio-visual group ST Exposure and a Cultural Center of the Philippines-awardee.

Catoy, who survived the incident, said the abductors asked who among them was Marcellana. One of their companions was slapped when she denied that Marcellana was with them. Marcellana immediately presented herself, asking that her companions not be hurt. When Marcellana was being taken away, Gumanoy volunteered to come along.

For hours, the men escorted and led the van along a rough and uphill dirt road, said Catoy.

One by one, the three were dropped off leaving only Marcellana and Gumanoy. At one point, Catoy said, he was made to kneel, his back facing his abductors, blindfolded and hogtied. He was told to say his prayers. Then the armed men drove off.
The bodies of Marcellana and Gumanoy were found the next day in Bansud, Mindoro Oriental.

Witnesses point to the “Bonnet Gang,” a paramilitary group linked with the Philippine Army’s 204th Infantry Battalion of which then Col. Jovito Palparan Jr. was the commanding officer.

UN Views

The UN Human Rights Committee is the body monitoring the States parties’ compliance to the International Covenant on Civil and Political Rights (ICCPR).

The UNHRC’s investigation on the Marcellana and Gumanoy murders stemmed from a complaint filed on March 9, 2006 by Orly Marcellana, husband of Eden Marcellana and Daniel Gumanoy, son of farmer leader Eddie Gumanoy. Both were represented by Karapatan National Secretary General Marie Hilao-Enriquez. Laywer Edre Olalia, president of the International Association of People’s Lawyers (IAPL), assisted the victims’ relatives and Karapatan in filing the said complaint.

The Committee said the facts reveal violations by the Philippine government of the right to life of every person, the right to liberty and security of persons and the rights of violated persons to effective remedies and the State ensuring that such remedies are provided and enforced as stated in the provisions of the ICCPR.