UN Rights Body Expresses Concern Over Impunity of Rights Violators 
Tells RP to give updates on Kuratong and Eden-Eddie murder cases 

The gravity of the human rights violations in the Philippines has reached the doors of the United Nations’ Human Rights Committee. In its “concluding observations” to the report submitted by the Philippine government regarding its compliance to the UN Covenant on Civil Political Rights, the UN body expressed concern over the extra-judicial killings and in particular demanded to be informed of developments regarding the Marcellana and Gumanoy murder case and Kuratong Baleleng rubout case.

BY DABET CASTAÑEDA
Bulatlat.com

Barely reported in the local media, the committee received and discussed the Philippine report last October and the committee’s evaluation of the report, contained in its “concluding observations,” was released Nov. 6.

It states that “The Committee is concerned about the lack of appropriate measures to investigate crimes allegedly committed by state security forces and agents, in particular those committed against human rights defenders, journalists and leaders of indigenous peoples, and the lack of measures taken to prosecute and punish the perpetrators.”

The committee specifically mentioned the killing of human rights worker Eden Marcellana and peasant leader Eddie Gumanoy in April this year and of 11 persons killed in what is known as the Kuratong Baleleng case.

It said, “…the State party should provide information on the outcome of the proceedings related to the cases of Eden Marcellana and Eddie Gumanoy and the execution of 11 persons on Commonwealth Avenue, Manila in 1995. “

Irony

Marcellana and Gumanoy were abducted by alleged members of the Philippine Army’s 204^th Infantry Battalion on April 21 in Oriental Mindoro, an island south of Manila. They were found dead the following day, bearing signs of torture.

Ironically, just a few days after the HR committee’s observations, the justice department’s investigation of the incident faced another snag when the scheduled Nov. 14 hearing of the preliminary investigation was reset for Nov. 18.

Human rights group Karapatan or Alliance for the Advancement of Human Rights charged that the suspected perpetrators are being given time to consolidate their position and that the military is preparing for a whitewash.

Col. Jovito Palparan in particular, it said, has been “doing the rounds,” talking to witnesses. Palparan was the head of the 204^th IB when the killing occurred. He is notorious in Mindoro for reportedly committing human rights violations against progressive groups and individuals. 

Prosecution witnesses identified Army MSgt. Donald Caigas as the head of the unit that perpetrated the killings. Caigas however insisted he was not in Oriental Mindoro at the time of the killings. 

Caigas surfaced from hiding on Oct. 23 and filed a 15-page affidavit at the prosecutor’s office. He also brought with him six other witnesses who have spoken in his favor. Palparan and six others, allegedly his witnesses, accompanied him.

Karapatan said Palparan’s efforts to influence witnesses appear successful as three police officers who earlier positively identified Caigas as the leader of the abduction-killing, have retracted their statements in court.

The three policemen, SPO1 Ronie Agoncillo de Mesa, PO3 Raul Samarita Leyva and PO1 Dick Anthony Miciano Carandan, have reportedly been persuaded to take back their statements consistent with Caigas’. 

Principal concerns

The UN body listed the following as “principal subjects of concern and recommendations” in its evaluation of the Philippine report:

• exceedingly broad scope of the pending legislation related to terrorism. It noted that the draft legislation includes “a broad and vague definition of acts of terrorism” which could have a negative impact on the rights guaranteed by the Covenant.

• the continued imposition of the death penalty, extending to an excessive number of offenses which do not fit the definition of the “most serious crimes” within the meaning of the covenant. It also noted that seven minors are currently on death row.

• cases of extrajudicial killings, arbitrary detention, harassment, intimidation and abuse, including of detainees, many of whom are women and children, that have neither been investigated nor prosecuted.

• lack of appropriate measures to investigate crimes allegedly committed by state security forces and agents, in particular those committed against human rights defenders, journalists and leaders of indigenous peoples, and the lack of measures taken to prosecute and punish the perpetrators. In particular, the committee noted the reports of intimidation and threats of retaliation impeding the right to an effective remedy for persons whose rights and freedoms have been violated.

• persistent and widespread use of torture and cruel, inhuman or degrading treatment or punishment of detainees by law enforcement officials and the lack of legislation specifically prohibiting torture

• numerous instances of trafficking of women and children in the Philippines, both within the country and across its borders.

• abuse of the law allowing for warrantless arrest. Arrests in practice do not always respect the statutory conditions that the person arrested is actually committing a crime or that the arresting officer has “personal” knowledge of facts indicating that the person arrested committed the crime.

• continuing reports of displacement of persons and evacuation of populations, including indigenous population groups, in areas of counter-insurgency operations. 

• limited scope and lack of effective implementation of the Indigenous Peoples Rights Act (IPRA). The committee also noted the human rights implications for indigenous groups of economic activities such as mining operations.

• inadequate measures to protect children and the “deplorable” situation of large numbers of children, including those in detention, those forced to engage in child labor and those recruited in armed groups.

While welcoming the information provided in the written report and the response of the Philippine representatives led by Justice Undersecretary Merceditas Gutierrez during the discussion, the committee said “it  regrets that an extensive number of questions remained wholly or partly unanswered at the conclusion of the discussion.”

The committee also criticized the Philippine government for taking 14 years before submitting a report to the committee.

It urged the adoption of legislative measures as well as the strict implementation of existing laws to solve the problems in the human rights arena. Bulatlat.com

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