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The family of a ten-year old girl, who witnessed how the soldiers burned the boy with cigarettes, has sought police protection. They claimed the two soldiers - Sgt. Manuel Doria and A2C Rex Dimaculangan – allegedly threatened to detain the girl if she testifies in court against them.

Police said the two servicemen were charged with slight physical injuries at a local court. It said the victim’s family accused the soldiers of torturing the six-year old boy on July 14 while he was playing near the air force base. The soldiers were drank when the incident happened.

Human rights advocates urged the military to dismiss the two abusive soldiers and for Mayor Rodrigo Duterte and Rep. Prospero Nograles to act on the welfare and safety of both the victim and the witness. (Romy Bwaga)

PHILIPPINES: Court orders release of falsely charged activists

ISSUES: Torture; human rights defenders; right to liberty and security; right to justice; political detainees; arbitrary arrest and detention; administration of justice.

Dear friends,

The Asian Human Rights Commission (AHRC) is pleased to inform you that the five persons, three of whom are activists, illegally arrested and falsely charged in April 2006, were released on August 28, 2008. The court hearing their case dismissed the charges filed against them. We are also reproducing a copy of the decision.

UPDATED INFORMATION:

As we reported in our previous appeal (AHRC-UAU-041-2008, UA-143-2006), Riel Custodio, Alejandro Pinpin, Enrico Ybanez, Michael Masayes and Aristides Sarmiento, were charged with Rebellion before the Regional Trial Court (RTC), Branch 18 in Tagaytay City.

Although the court issued its decision on August 20, it was only yesterday afternoon (the 28th) that the detainees were released from police detention. Also, it was only yesterday morning that their relatives were informed of the court's decision. (Please see the original or only word version)In the court's ruling, Regional Trial Court (RTC) Judge Edwin Larida Jr., rejected the prosecutors argument they should be able to pursue the prosecution of the detainees for a crime of Rebellion for possessing alleged subversive documents when police arrested them on 28 April 2006.

The court ruled it cannot allow the indictment for Rebellion by using the alleged subversive documents as their evidence. Subversion is no longer a criminal offense in the Philippines; thus, the detainees cannot be prosecuted for Rebellion by using the evidence of possessing subversive documents.

While we welcome the dropping of charges and release of the detainees, it is also extremely important that the police officers and other security forces who are responsible for illegally arresting the detainees and for torturing them while they were in their custody should be held to account.

It may be recalled that on May 14 of this year, the Commission on Human Rights of the Philippines (CHRP) in Quezon City, concluded, after conducting their investigation into allegations of torture and other human rights violations, that the rights of the detainees had been violated. The CHR's findings should be given meaning by prosecuting those involved and affording compensation to victims.

The AHRC thanks all those who supported this appeal, in addition to the strenuous work the detainees' families, their legal counsels and persons helping them had been doing, by continuously drawing the concerned government's attention to the plight of the five detainees.

We are also sharing to you the message we have received today from Laura Sarmiento, wife of Aristides, who is among the detainees;"Yesterday indeed was a very good day. After we got the information in the morning that the judge had dismissed the rebellion charges against them, Aris, Axel, Riel, Rico and Michael finally walked out of prison yesterday afternoon after having been ordered released by the court. We are going to send a longer acknowledgement of appreciation to all who supported the campaign for their release in the next few days."

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

PHILIPPINES: The failure to implement the Human Rights Council’s key recommendations concerning extra-judicial killings.

During its Universal Periodic Review, on April 11, 2008, the representative of the government of the Philippines expressed "its commitment as a human rights defender to protect the rights of all its citizens, and to observe the Universal Declaration of Human Rights." The Asian Legal Resource Centre (ALRC) recalls that Article 3 of the Declaration states that, "everyone has the right to life, liberty and security of person." Additionally, it states under Article 8 that, "everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law."

Similarly, Article 2 of the ICCPR, to which the Philippines is party, states that "any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity."
However, the ALRC has seen no evidence that the Philippines is making any good-faith attempts to take action that will ensure that victims of even the gravest human rights abuses are being provided with effective remedy.

This is evidenced by the lack of effective, independent investigations into the hundreds of extra-judicial killings and forced disappearances reported since 2001. Without effective investigations there cannot be prosecutions that result in those responsible being brought to justice or the provision of effective remedies to the victims or their families.

The representative of the Philippines promised "to maintain the momentum on addressing killings of activists and media professionals." The ALRC is not aware of any real momentum or actions concerning these violations, other than the ongoing political and diplomatic efforts by the authorities to save face and side-step their responsibilities under international law.

The ALRC welcomes the significant drop in killings that have followed the increased international pressure on the government of the Philippines, but remains concerned that killings and forced disappearances and that the perpetrators of these grave abuses remain free and capable of resuming the killings again, unless brought to justice. The fact that the killings dropped at the same time as international pressure was being applied clearly indicates that State-agents are involved in these abuses.

This was also highlighted by the Special Rapporteur on extra-judicial killings, Professor Philip Alston, in his report to the Council, in which he noted that "the military is in a state of denial concerning the numerous extra-judicial executions in which its soldiers are implicated." Since this report was presented, there have been no improvements to the situation with regard to investigations and prosecutions.

Following his visit to the country in February 2007, Philip Alston made a series of initial recommendations, which were followed by further recommendations in his report. Despite claims by the government that it would take concrete action, these recommendations are not being implemented, allowing impunity to be enjoyed by those responsible for the killings.
Furthermore, during the Universal Periodic Review process, a number of comments and recommendations were made concerning the killings and other grave rights abuses.

Canada stressed its concern about how few convictions there have been. France expressed concern about the low number of resolved cases and asked for evidence of follow-up and implementations of the Special Rapporteur’s recommendations, as did Australia, Brazil, the Netherlands, Norway and the United Kingdom. Switzerland recommended that the Philippines intensify its efforts to carry out investigations and prosecutions on extra-judicial killings and punish those responsible, and suggested that the witness protection programme should be strengthened.

It also recommended that the Philippines address the root causes of this issue in the context of the appropriate reforms of the judiciary and the security forces. The United States also asked the Philippines for information on actions being taken to address extra-judicial killings and to ensure the prosecution and conviction of perpetrators.

The representative of the Holy See called on the government of the Philippines to completely eliminate torture and extra-judicial killings.
Another significant problem has been the continuing surge of vigilante killings this year in Davao City as well as General Santos, Tagum and Cagayan de Oro cities in Southern Philippines.

The continuing climate of impunity concerning extra-judicial killings is clearly a factor enabling this upsurge of violence. This phenomenon has previously been endemic in Davao City, prompting Professor Alston to recommend the "abolition of death squads" there. However, once again, the government is ignoring recommendations and has failed to intervene to stop the killings.

No improvement to witness protection mechanism

A key recommendation made by Professor Alston urges the provision of protection to witnesses and "all those who will be put at risk by an individual's testimony." The police have frequently used the lack of witnesses coming forward as an excuse for the lack of progress concerning investigations. For example, in Davoa City, Senior Superintendent Ramon Apolinario attempted to justify this failure, stating that "as long as we do not have the testimonies of the witnesses, we can never file formal charges." The lack of forensics and effective investigation techniques and political will are of greater significance, in reality.

Despite claims by the government during the UPR review that legislation for the strengthening of the Witness Protection programme was urgent, it is not moving forwards with any urgency. It is the police's constitutional obligation to ensure that the cases they are investigating are effectively prosecuted, including by providing interim protection to potential witnesses before they are covered by the witness protection programme. Their failure to do so is the prime cause of the lack of witnesses and therefore convictions.

A glaring lack of convictions

Other than the three persons that were convicted in October 2006 for the March 2005 murder of journalist Marlene Esperat, no other cases of extra-judicial or vigilante killings have resulted in convictions. It is reported that it was only because these three pleaded guilty to the murder charges that the convictions were possible. They were not the result of effective police investigations. The masterminds behind the killings remain at large.

Aside from the Esperat case, none of the 139 cases of extra-judicial killings of social activists that the ALRC has documented between January 2003 and November 2007 (and submitted as part of its UPR submission) have resulted in convictions. Furthermore, concerning the killings of 42 persons, including women and children, by vigilantes in the country’s South since January 2008, none of the perpetrators have been identified, charged or prosecuted in court.

The witnesses, families of the dead and even NGOs there are too frightened to get involved. There is also lack of proper documentation concerning allegations of vigilante killings, in particular by the Commission on Human Rights of the Philippines (CHRP). Professor Alston recommended that the CHRP should issue a monthly report on the killings.

The ALRC's sister-organisation, the Asian Human Rights Commission (AHRC), has repeatedly appealed to CHRP Chairperson, Leila de Lima, for the CHRP to consistently investigate and document allegations of extra-judicial killings and other forms of arbitrary deprivation of life. However, no response has been received.

The lack of progress by Special Courts

Although the Supreme Court (SC) has reported that it had designated special courts to hear cases involving extra-judicial killings, the ALRC remains unaware of these courts ever being used. In effect, these courts may have been set up on paper, but have not functioned in reality.

Even if these special courts do exist, the failure to have charges or complaints filed against the perpetrators in court - which is a result of lack of witness and their protection - has made these special courts meaningless. If no charges are filed, there can never be prosecutions.
Designating special courts alone without addressing problems surrounding investigation and prosecution does not serve any real purpose. Perhaps this is what the authorities intended?

The Writ of Amparo being undermined

The SC's implementation of the Writ of Amparo, a judicial remedy which is supposedly to provide any person the judicial protection he requires once his life, security and liberty are threatened, was initially welcomed as providing a new avenue for security.

However, a series of rejections concerning petitions seeking issuance of the writ are undermining its credibility. According to a lawyers' group, the National Union of Peoples' Lawyers (NUPL), five of their petitions have been rejected by the Court of Appeals (CA), as the result of claims that the petitioners supposedly failed to produce "clear evidence" of "apparent or visible" threats to their lives. This judgment has unreasonably placed the burden of proof of threats on the person seeking protection.

The courts' judgment runs contrary to the intent of the writ, which concerns: "not a criminal action requiring proof beyond reasonable doubt, nor is it a civil or administrative proceeding, but a prerogative writ intended to protect human rights". On cases involving extra-judicial killings, it is extremely difficult for a victim experiencing threats to produced evidence sufficient to convince a court and threats are not made in a way that allows that.

Numerous activists have been killed following receiving threatening short messages service (SMS) and phone calls, amongst others. The police have typically accepted to record the incident, but have not taken any further action, often resulting in the activists being killed. The police investigators claim to have no means of investigating threats originating from mobile phones and identifying those making threats.

The Asian Legal Resource Centre (ALRC) therefore urges the Human Rights Council to ensure that the Philippines immediately implement the large number of recommendations that the UPR and Special Procedures have produced.

The government must make good on its pledges to the Council, notably as part of the UPR review, by going beyond the tactic of forever setting up new task forces and committees, and ensure actual, rapid and effective investigation and prosecution of cases, in line with its international obligations.

It should also issue a standing invitation to all Special Procedures, and sign and ratify the International Convention on the Protection of All Persons from Enforced Disappearance and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).

At present, the government’s claiming to be a human rights defender is convincing only the ill-informed.


Footnotes:

1 Please see UN document with reference: A/HRC/8/3/Add.22 Please see the initial recommendations in the document with reference: A/HRC/4/20/Add.3, and further recommendations in the report in A/HRC/8/3/Add.2.3 Information taken from the report of the UPR Working Group, A/HRC/8/28

Urgent Appeal Update: AHRC-UAU-044-2008

22 July 2008

[RE: AHRC-UAG-008-2008: PHILIPPINES: More unsolved murders of crime suspects]

PHILIPPINES: VIGILANTE KILLINGS - Police' failure to solve cases aggravates murder

ISSUES: Extrajudicial killing; police negligence; right to liberty and security; children; administration of justice

SLAUGHTER OF INNOCENTShttp://noprotection.blog.humanrights.asia/

Dear friends,

The Asian Human Rights Commission (AHRC) has been receiving information continuously that more persons have been murdered recently, including minors and women, on the pretext of "vigilante killings". The police, once again, instead of thoroughly investigating each of these cases, justified the murders as being due to the victim's criminal records.

UPDATED INFORMATION: (According to reliable sources and Sun.Star Super Balita)
In addition to our previous appeals AHRC-UAG-008-2008, AHRC-UAU-032-2008, we have already mentioned that at least 21 persons, one of whom was a boy, have already been murdered on the pretext of vigilante killings since April of this year.

We have previously mentioned that most of those murdered have been suspected of involvement in criminal activities, former detainees and gang members. However, some of those killed have had no involvement but the police authorities are continuously avoiding any responsibility to solve these cases, particularly of identifying and prosecuting those responsible.

For instance, two of those killed as mentioned in this Case No. 5 below, were the wife and a brother-in-law of a deceased person. Even before he was murdered, his colleague, also suspected of having been involved in crime, was shot dead in police custody for reportedly attempting to grab a police firearm in his attempt to escape from their custody but this was never thoroughly investigated.

As the AHRC continues to document murders of this nature it becomes increasingly evident that they are aggravated by the failure of the police failure to thoroughly investigate and ensure the possibility of an effective prosecution. The police also fail to implement the laws regulating the control of firearms and the proper use of license plates of motorcycles. This failure allows the gunmen to arm themselves and use their motorcycles to kill their targets.

The gunmen have been killing their targets in broad daylight, inside their own houses, in crowded public places and even shortly after coming out from a police detention center. Investigation into these cases, however, has not shown substantial progress so far. The perpetrators of these murders remain unidentified.

1. LAYNEL ROMANO, 22 years old, of Bunawan, Davao City. On May 21, when he was watching a basketball game in a crowded place in his village, two young men suddenly shot him in the head using an improvised gun. The gunmen escaped by mixing with the panicked crowd. The police concluded it was a "gang war" without thorough investigation.

2. MANUELITO BELINARIO, 55 years old, of Barangay (village) Cuambogan, Tagum City. On May 22, when he was about to take his dinner, he was shot in the head by a man who was armed with a .45 caliber pistol. Two empty shells were found at the crime scene.

3. RONALD BENGIL, 32 years old; of Barangay Mankilam, Tagum City. On May 22, when he was buying charcoal from a store close to his house, he was shot repeatedly by attackers riding on a motorcycle. He died after suffering from several gunshot wounds.

4. DANILO AUGUIS, 38 years old; of Barangay Bula, General Santos City. On May 26, he was together with his sister Gina when an unknown man approached them. The man asked them if they knew Jun Jorie. Gina told the man to ask someone else instead as she did not know the person he was looking for; and when she turned to the man's back, the man shot his brother, Danilo, on the head with a .45 caliber pistol. He escaped on board a motorcycle waiting nearby. Danilo had been detained due to a charge for theft of mobile phone but was later released after it was returned to owner.

5. NERITO CALIMBO, his wife JOCELYN, and brother-in-law AARON. On May 22, Nerito, were shot dead in San Pedro Corner Legaspi Streets in Davao City after he was released from police detention. Jocelyn and Aaron, who had fetched him, were also killed by gunmen riding on motorcycle who fired at the taxi they were riding. Only his son, Norman survived.

An hour before Nerito was killed, Jose Jorge Corpuz, chief of the Criminal Investigation and Detection Group (CIDG) in Southern Mindanao warned him that he had to be careful as he had been targeted for a kill. Corpuz, however, when he was interviewed about the warning he had given to the victim claimed it was only his "presumption" that the victim was at risk.
The police nevertheless have concluded that it was Nerito's colleagues in Chigo Gang who had killed him even before the investigation was completed. They however did give neither explanation nor justification why his wife, Jocelyn and Aaron had to be killed also. Nerito's colleague, Bernado Chigo has also been killed on May 22 as he had reportedly attempted to grab a gun from his police escort. This, once again, has not been thoroughly investigated.

6. REZEMIAS BENSOLANO, 17 years old, of Barangay Calumpang, General Santos City. On June 3, when he was sitting outside his house with a friend after dinner, he was stabbed repeatedly by two unidentified men armed with bladed weapons. They also attempted to stab his unnamed friend but failed. The attackers escaped on their motorcycle from the area. Rezemias died on his way to the hospital due to stab wounds to his chest and his back.

7. RICHARD BALDELOBAR; 22 years old, of Dona Salud Village, Davao City. On June 3, while Felipe and his friends were standing on a street in their village, unidentified gunmen, who were riding on a motorcycle, suddenly approached and shot him in the head at close range. The attacker was described as about 30 years old, 5'4 tall and was wearing white sleeveless shirt. He escaped with another person who had waited for him close by. Senior Police Officer Demetrio Palomar of Sasa Police Station described the victim as a "known troublemaker" since, according to the police, he had been involved in theft cases and had criminal records for beating and had been part of a "6425 Gang".

8. FELIPE REBUCAS, 30 years old, laborer of Buhangin, Davao City. He was queuing up at a government retail store at the Upper Malagamot, Panacan to buy rice when he shot dead by one of the two unidentified armed men riding on a motorcycle. His parents and siblings and several witnesses were present during the shooting. The attackers escaped on board a black motorcycle. During investigation, the police looked into the victim's criminal record rather than identify who were responsible for the killing.

9. JUNARD CALACAR, 19 years old; MELVIN CAPUYAN, 38 years old of Mintal, Davao City. On June 2, they were shot dead by gunmen inside their house when they were watching television. Junard's cousin, John Carlo Calacar was also injured as he was present during the attack. Police Office (PO3) Edgar Genovia of the Tugbok police station claimed that there were four identified men who shot the victims. Junard's mother said his son was the real target as he was a gang member and had received death threats before the attack.

10. MICHAEL CASTINO, of Zone 5, Barangay Bonbon, Cagayan de Oro City. On May 30, two men who were riding on a motorcycle shot him at the left side of his head. This happened at the corner of Osmena and Yacapin streets where many people were eating breakfast. The victim had been described supposedly as a member of the Batang Mindanao 29 gang and involved in numerous robbery and pickpocket cases.

You can also read the AHRC's statements on this: AHRC-STM-184-2008; AHRC-OLT-017-2008; ALRC-CWS-08-014-2008 and AHRC-STM-079-2008.

Police said the victim’s family accused the servicemen of torturing the six-year old boy on July 14 while playing near the air force base. It said the soldiers, who were both drank, burned the boy with cigarettes.

The soldiers, police said, even shaped a cross on the boy’s stomach with their cigarettes.The boy’s family earlier appealed to Davao City Mayor Rodrigo Duterte to help them get justice and for the military to file charges against the erring servicemen. The mayor is known to punish abusive soldiers and policemen. (Romy Bwaga)

To my missing father Leo,

I wish I could personally greet you a Happy Father's Day and give you a really big hug.

But how can I? Ever since you were abducted, my only contact with you is in my dreams.

Oh, how I wish I would see you and say "Happy Father's Day, Tatay!"

Nanay and I will surely remember you as I visit her today in jail in Camp Crame. You must have heard by now (through your captors or if you have access to news) that Nanay has also been abducted and surfaced after three days (nine months after you were abducted and disappeared). You must have been so worried for her. You need not be worried, though, because we are all taking care of her. Even in detention, she makes good use of her time in reading books and helping her inmates with their different problems.

How I wish that you can just be like Nanay instead of this. I would rather want to see you in jail than not see you at all. At least I would have visiting days to see you and we could eat our favorite food together. We can tell each other all the stories and laugh about them.

But because I have not found you yet, I would have to be contented in writing to you, hoping that through media, you would be able to read this and that your captors will let you read this.

Tatay, I am sorry for not being able to find you up to now. I know I have done everything I could but I also know that Mrs. Arroyo's government should do more. After all, it is her military that has made you captive and has denied you of your rights to due process. I should have asked more people who might have known which safe house you are in, but then again, government's agents have the obligation to surface you and bring you to trial.

Along the way of searching for you, I have encountered others who are also searching for their son, daughter, brother, sister, mother, father or even both parents.

I have met Deka who has been searching for her father, Philip Limjoco who was abducted in Pampanga. I have met Noel (not his real name) whose parents are both missing. I have also met Baby (not her real name), a three year old girl who keeps asking for her father who was abducted in Quezon Province. I have also gotten to know Guy whose father was abducted twenty years ago but still continue to make cards for him during his birthdays.

We understand each other how painful it is to long for missing parents. We share the same rage against your abductors and their bosses and this repressive system. We wonder how these people can make our loved ones disappear and can still sleep at night (with their own families beside them, I imagine.)

I know we are all connected because of this tragedy of enforced disappearance, a state practice that should be stopped and never repeated.

I feel we are all siblings and that they are also your sons and daughters too. We are the children of the Desaparecidos. We are also the children whose parents have fought for their principles and have served the oppressed.

People whom you met constantly reminded me of you as a great father through their wonderful stories about you: how you helped them in their sickness as a medical worker, how you make them believe that peace based on justice is possible and how you gave them advice and strength in times of adversity. Just like me, these common folk whom you have served, embraced, and lived with, is also hoping to see you very.

I say, I am proud of you, Tatay. I have always been. I thank you for showing me the realities of life and society. Thank you for showing me the importance of service. Had you not taught me these, my life would have no other meaning.

And we, the children of disappeared fathers and mothers say we miss you so much. We will never stop looking for you until we find you. We will never stop fighting until we secure justice.

I hope that I will still have the chance to see you alive soon. I pray that your captors will find some conscience to bring our family back together and Deka's, Noel's, Baby's and all the families of victims of enforced disappearances in this country.

Today is Father's Day. Just greet your captors HAPPY Father's Day for me.

I miss you and wishing hard to see you soon.

Your loving daughter,
Aya


About the author: Lorena "Aya" Santos is 25 years old. Both her parents are National Democratic Front of the the Philippines consultants for the Peace Process. Both were abducted. Her father, Leo Velasco, was abducted in Cagayan de Oro on February 19, 2007 and is still missing. Her mother, Elizabeth Principe, is currently detained at the Camp Crame Custodial Center.

The Asian Human Rights Commission (AHRC) writes to inform you that a pastor who was released several days after he was abducted and tortured in captivity now fears for his life. Over a month after the incident took place in May 6, there has not been an adequate investigation or any effort by the authorities to identify the perpetrators. Furthermore, no security arrangements have been afforded to him.

CASE DETAILS: (According to information received from the Alliance for the Advancement of People's Rights (Karapatan))

On 6 May 2008, Pastor Rodel Canja was to attend the annual meeting of the Northeast Southern Tagalog Conference of the United Church of Christ in the Philippines (UCCP) in Jala-jala town in the province of Rizal. He traveled with his companion, Maruja Satanes, acting secretary of the UCCP-JIMELY. The two arrived at the UCCP Parish in Pililia at around 9am where it was arranged that they would wait for other delegates to come before proceeding to the venue of their conference.

While they were waiting Pastor Canja went outside to look for a store so that he could add value into the credit of his prepaid mobile phone. As he was walking an unknown man, presumed to be in his forties, suddenly alighted from a closed van and put his arm around him. The pastor had asked him who he was, but instead of receiving an explanation he was told not to react and to get inside the van. When the van was opened, Pastor Canja saw another man pointing a gun at him. Frightened and shocked, he boarded the vehicle.

While inside the van Pastor Canja saw that there were two other men, including the driver. Shortly afterwards he lost consciousness when a handkerchief laced with unknown chemicals was placed over his nose.

When Pastor Canja regained consciousness he found himself in a room which he described as brightly lit. The two men from the van were present. When he asked them what they wanted from him one of his captors told him they would not harm him. However, he was told to cooperate with them and to answer their questions.

As Pastor Canja was lying on the cement floor, his captors have repeatedly asked him details about Pastor Berlin Guererro, also a UCCP pastor who was abducted in 27 May 2007 in Binan, Laguna. Pastor Guererro is currently detained in the Provincial Jail in Trece Martirez, Cavite. Both Pastor Canja and Pastor Guerrero were roommates and classmates during their time at a seminary.

The captors were raising their voices as they were questioning Pastor Canja insisting that he tell them everything he knows of Pastor Guerrero's identity and his activities, and that he should everything confess to them. Pastor Canja was kept in the same room for four days and three nights before being released.

On the first day, they deprived him of food and questioned him continuously about Pastor Guererro.

On his second day of his captivity, although they gave him food he was too frightened to eat anything as the guards watching him kept tapping his pistol and waving it in his direction while walking around the room. On the third day, they took his mobile phone and wallet, and afterwards, threatened him that something may happen to his sisters, especially now that they were already in possession of their identification cards (IDs).

Pastor Canja was given a new pair of denim shorts to replace his now dirty pants, and was told again that he should tell them everything he knows about Pastor Guererro. They also claimed that he was a member of the "P", referring to the Communist Party of the Philippines (CPP). At that point he was told that it was his last chance to confess. Suddenly, one of the men approached him and grabbed him by the hair and forced his gun inside Pastor Canja's mouth forcing him to reply: "Oo o Hindi!?" ("Yes or No?!"). His captor fired his gun, and it was only when he recovered from his shock that he realized the weapon had been pointed outside the house.

On the fourth, May 9, he awoke to find four men inside the room. One of them ordered him to get dressed and warned him not to raise any attention to himself otherwise something bad might happen to him. They had Pastor Canja blindfolded before he was led outside towards the van which they all boarded. During the long trip, he overhead the loud conversations of his captors, some of whom wanted to kill him instead of letting him go. It was already dark when Pastor Canja was released in a place which was not familiar to him.

Not knowing where he was, Pastor Canja started walking in the direction of some houses. Afterwards, he saw an ambulant vendor (one who walks from place to place another to sell), from whom he asked directions. He was told that the road lead to the town of Cogeo, Antipolo. Unsure of the time, he inquired from a bystander what time the jeepneys (public transport), started running and was told 6 am.

Pastor Canja tried to locate someone he knew but decided to sleep, sitting down in front of a closed grocery store. When he awoke at dawn and saw a jeepney that was about to depart and although he had no money to pay for fare he was fortunate enough that he know one of the passengers. This person later accompanied him to make sure he got home safely.

Pastor Canja now fears for his life and the lives of his family members after the interrogation and mental torture he suffered.

SUGGESTED ACTION:Please write letters to the authorities below requesting for their appropriate action in providing necessary protection the victim and his family requires. They must also commence a thorough investigation into his abduction and torture while in captivity to have those responsible identified and held to account.

The AHRC has also written separate letters to the UN Special Rapporteur on Question of Torture requesting their immediate intervention into this case.

The Asian Human Rights Commission (AHRC) writes to inform you that a farmer whom soldiers had illegally arrested and detained in November 29, 2007 has since been in jail without having been charged in court.

He is detained at a provincial jail but there has not been a case filed against him in court. The police detaining him prior to his turn over to jail also did not release him promptly even though the charges they filed against him with the prosecutor's office should have been done in ordinary not inquest procedures.

CASE DETAILS: (According interviews to the victim made by the Task Force Detainees of the Philippines -- Luzon (TFDP).

On 29 November 2007, several soldiers had illegally arrested Zosimo Mariado in Sitio (sub-section of the village) Tambo-tambo, Barangay (village) Pagsangahan, General Nakar in Quezon province. Those who arrested him were soldiers attached to the 16th Infantry Battalion (IB) of the Philippine Army (PA). One of them was identified as Corporal Solomon Valderama.

Zosimo said it was around 11am that day he was at the house of his employer couple Danilo Garcia and his wife, Marina Suvedaria. About 30 soldiers wearing camouflage uniforms, each were carrying long firearms, had arrived.

Zosimo and the couple were at that time preparing for their lunch when soldiers came and move into a hut where the three were at the time staying.

Zosimo was standing close to the hut's entrance door when one of the armed men, Corporal Solomon, approached him and the couple introducing himself to them. Afterwards, Corporal Valderama had asked permission from Danilo to allow him and his men to enter to his house to which he agreed. He also accompanied him.

While they were inside the house, the soldiers who had claimed they are members of the Philippine Army's 16th IB had also come. The soldiers too had requested to use the kitchen to cook food for their lunch. Zosimo said that he saw two soldiers preparing for their food while the others were outside the house. They looked as if they are waiting for someone or appearing to be looking for something.

Zosimo said he noticed one of the soldiers had asked Danilo as to how many persons have been staying in his house. Danilo said it is only him, his wife Marina and Zosimo who stays there.

Danilo had to play dumb introducing Zosimo as his brother. Shortly after, Danilo was told to go outside their house but was prevented by another group of soldiers who had instructed him to enter into one of their rooms. Danilo then went inside by himself and soon after followed by three soldiers.

Zosimo said the soldiers had already begun questioning him, one after the other, of his personal details and his relationship with the couple. Later, the soldiers then started forcing him to admit he is a member of a rebel group, the New People's Army (NPA).

He had also overheard from outside the room that soldiers were speaking to Danilo and his wife Marina. The couple, however, later admitted to the soldiers that Zosimo is neither Danilo's brother nor relative of theirs. Zosimo had been introduced by another person to them at the time he was looking for a job.

Upon learning this, one of the soldiers had approached Zosimo by going inside a room where he was staying and pointed his gun at him. The three other soldiers, who positioned themselves close to Zosimo, began hitting him to his chest and stomach with the butt of an M-16 armalite rifle. This, time Zosimo was forced to admit his membership with Rebolusyonaryong Hukbong Bayan (RHB), another rebel group. At the time Valderama and other soldiers had began torturing him.

While Zosimo was being forced to admit that he was a member of RHB, he had overheard from the soldiers who were outside the house shouting they were able to recover an M-16 armalite rifle and a grenade. It is not clear though how, where and who is in possession of those weapons when they were recovered. Zosimo, too, was completely unaware of the weapons. Zosimo added that the soldier's beatings were so severe that it nearly killed him. He, too, could no longer recall how many times he had been punched and beaten by the soldiers.

Later that afternoon, the soldiers left taking only Zosimo with them. They had his hands handcuff and his eyes blindfolded while they were walking. They had walked several kilometers before reaching a place where he had sensed that a passenger jeep was waiting. Then the soldiers took him towards their detachment in Barangay Magsaysay in the municipality of Infanta of the same province. While inside the said military detachment, Zosimo recalled having been once again subjected to questioning and torture. He was never given opportunity to seek for a legal counsel.

On the same day, Zosimo was then taken to a police station of the Philippine National Police (PNP) in General Nakar, Quezon.

From the day the police took him into custody, it is only on December 4 that they were able to file criminal charges of illegal possession of firearm, ammunition and explosives against him before the Office of the Assistant Provincial Prosecutor in Infanta, Quezon. It is Senior Police Officer (SPO2) Cipriano Juniosa Pujeda who had filed the charges with the Office of the Prosecutor and booked as IS Number 2007-267-I.

The police' reasoning as to why they find Zosimo held accountable for possession of illegal firearms and explosives could not be immediately known. As mentioned earlier, the circumstances as to how those firearm and explosive were recovered and who owned them was never clarified. The prosecutor too has not been able to resolved and file the case in court.

Thus, given the circumstances the person accused should have not been charged thereof unless ascertained. Even so, he should have been subjected to inquest procedures otherwise he should have been released from the police' custody beyond 36 hours, which is the maximum allowable period of detention for persons held without having been charged in court.

On December 10, Zosimo was transferred to the Quezon Provincial Jail in Lucena City where he is presently detained. For the time being, it could not be immediately known on what basis or order the police had been able to remand him to jail. Under the procedures, only when the court orders for a person's detention in jail he can be remanded; however, it is learned that no formal charges have been filed against him in court yet.

On 29 February 2008, a follow up was made on Zosimo's case at the Office of the Provincial Prosecutor (OPP) in Lucena City. However, a clerk has told a TFDP staff that they are not handling the case and was told to check at the municipality of Infanta instead.

On March 5, a TFDP staff had written to lawyer Cresencia V. Pedrosa of the regional office of the Commission on Human Rights (CHR) Region IV requesting for their intervention on this case. However, there has not been any action taken by them. The last information was that the CHR investigator in charge for the case was at that time attending a seminar.

On April 1, once again another follow up was made on whether the charges have already been filed in court now that the case is with the office of the Prosecutor in Infanta Quezon as previously been suggested to them. However, the clerk told her that no charges have been filed yet.

On May 1, when a visit was made at the jail where Zosimo is presently detained, he continuously complains about pain at the lower portion of his back towards his legs. As was the case before, there was neither immediate action to provide him medical assistance nor any notice from the court about any case filed against him.

Dear friends,

The Asian Human Rights Commission (AHRC) has learned that soldiers continuously threatened and harassed a union president and her fellow workers. The workers, presently holding a picket line in front of their factory, were questioned in separate occasions about personal details of their president.

The soldiers were falsely accusing their leader as leftist; thus, anyone who associates with her would also be pursued. Two of the workers had been briefly taken into soldiers' custody where they were questioned in absence of their legal counsel about their union's activity. The soldiers have had their detachment set up close to their picket line.

CASE DETAILS: (According to information received from the Center for Trade Union and Human Rights (CTUHR)).

On 10 March 2008, some elements of 7th Infantry Division (ID), Philippine Army, had established a detachment at the Barangay (village) Hall in Cruz, Guiguinto, Bulacan. Though the municipal mayor has admitted giving consent to the soldiers' deployment supposedly for maintaining peace and order, one of the councilors in the area claimed this was not coordinated with them. Also, the soldier's presence is questionable as maintenance of peace and order should have been a police duty, not by soldiers.

Even before the soldiers established their detachment, there have been similar military deployments in different parts of the province of Bulacan where the soldiers have likewise set up detachments. Some observers testified that the deployments could be part of Oplan Bantay Laya, the government's counter-insurgency program. Since it was implemented, the province of Bulacan had its communities become one of many provinces nearly entirely militarized.

The 7th ID's detachment in Cruz, Guiguinto is about few meters away from where the picket line of the union Nagkakaisang Samahan ng Footjoy (United Association of Footjoy) is located. On the same day the soldiers setup their detachment, at around 2pm to 3pm, an unidentified soldier wearing camouflage pants and T-shirt was seen roaming close to the picket line.

The following day, March 11, at 9am another unidentified soldier accompanied by a certain Carlito, a villager whose house is close to the picket line, also visited at the picket line purportedly to conduct a census. Upon reaching the picket line, Carlito had introduced the military man to Satur Maraganas, one of the workers of Footjoy.

The military man then asked another worker Edgardo Hernandez, some details about their union president, Mercy Santomin. The soldier asked her last name, her address, when she usually visits their picket line and what her activities are when she's at the picket line. They were also asked if there are other groups or organization which provides support to their union.

Edgardo has confirmed that Mercy is their union president. He, however, told the soldier that he does not know her place of residence; that Mercy only visits when she has updates about their case to tell them and that there are no other organizations providing them support. But despite Edgardo's explanations, the military did not believe him.

The soldier insisted that there should be other organizations that provide support to their union and their strike. Edgardo told the soldier that they were not actually on strike but rather were forced to form a union and set up a picket line because their company, Footjoy Industrial Corporation, where they were formerly employed, had been slowly taking out the machines from their factory without paying their separation pays and other benefits. The factory is owned by Antonio Tan.

Mercy is indeed the union president; however many of her fellow workers and union leaders had to either conceal or deny this information as they fear for her own safety. Her colleagues had also refused giving personal details about her. The denial by some of the workers' that they are holding a strike was also purposely done to avoid being questioned further by the soldiers.

On March 12, at around 10am another four soldiers had come to the picket line. At the time, only two of the workers were present at the picket line; they were Aldrin Lipa and Erlando Ricohermoso. The soldiers then asked Aldrin to produce his identification card (ID) with picture.

As Aldrin was busy looking for his ID card in his wallet, one of the soldiers suddenly grabbed his ID card from Anakpawis. Anakpawis is a political party actively involve in social, economic and political issues in the country.

When the soldiers saw Aldrin's Anakpawis ID, they asked him who had given it to him. They, once again, also questioned Aldrin and Erlando about the details of their president, Mercy and why they are on strike.

Aldrin then patiently explained to the soldiers the reason why they are on strike. Meanwhile, Erlando also intervened and asked the soldiers a hypothetical question whether they would allow him to pay them only Php50 (USD 1) per day had he been their employer. The soldiers however did not pay attention to Erlando's question and instead left but without returning back Aldrin's ID card.

At about 12nn, the soldiers came back and asked for another worker, Enrico Lastimado. When asked about their identity, the soldiers refused to give their names.

On March 13, another three soldiers came to the picket line again at around 9am purportedly to conduct a census. There they questioned another worker, Rosalinda Villavicencio. Once again, the soldiers asked her about their union president and the whereabouts of another union leader, Rolando Nicol (a.k.a. "Teng-Teng").

To avoid being questioned further, Rosalinda played dumb denying their union has a president. The soldiers likewise asked her if Mercy stays at the picket line. Rosalinda however told them that Mercy is living in Barangay Tuktukan and that if they wanted to confirm if she's telling the truth, she could accompany them to her house.

Another worker, Jovy Isid, who was also in the picket line at that time, was also questioned by the soldier. Jovy said the soldiers asked her name, age, civil status, job and her group affiliations. Jovy told the soldier they do not have any affiliations but they instead forced them into admitting that they have. One of the soldiers asked her if she knew someone whose house is located close to the picket line. Jovy told them that her sister-in-law's house is close by and that if they have questions about her, they could ask her instead as she is busy with her job at the time. The soldiers then asked Jovy about Mercy. When Jovy asked why they were looking for Mercy, the soldiers told her Mercy is a leftist.

On the same day at around 11am, another worker, Elena Hernandez, also said that a soldier she had described as tall, dark, and tough looking had also interviewed her and her husband supposedly for census purposes. Elena and her husband were both at the picket line at that time. The soldier had asked their names, ages, birthplace and their organization and the reasons for their strike.

Elena, however, like Edgardo told the soldiers they are not actually on strike. The picket line that they have set-up was purposely to prevent their employer from taking the industrial machines out from the factory. Elena also told the soldier that she and her husband had no other choice but to stay in the picket line because they could no longer afford to pay rent should they decide to occupy an apartment.

The soldier then asked Elena whether there are other groups that instigated them into going on strike. She told him there was none and it is their own decision to form their union for lack of other choice when their employer started taking out some of the machines and transferred them to another place.

In the Philippines, it is the practice of some owners of factories to close down unannounced and without properly informing their employees. The employees, too, are not being paid their separation pays, salaries and other benefits. Thus, what the workers could only do is to prevent industrial machines inside the factory from being taken outside by setting up picket line in front or close to the factory. They closely monitor the activities of the factory to prevent the machines from being taken out or transferred. This serves at least as the workers' de facto collateral until their employers pays them what is due them.

The soldier then asked Elena if she knows Mercy, whether she is living in Sta. Rita, Guiguinto, and that if she still comes to the picket line. Elena told him that Mercy only comes at the picket line when she has any updates to tell them about their case. The soldier then asked her if she knew Rolando Nicol (a.k.a. "Teng-Teng").

The soldier then told the workers to cooperate with them in maintaining the peace and order. The soldier also added that it is common that when the communists know that a certain business is doing well, the communists would do anything to ensure its bankruptcy as that is what makes them happy.

Thus, it is for these reasons they are not convinced that the Footjoy workers have no supporters. Additionally, the soldier also asked if their union is a member of Kilusan ng Manggagawa sa Bulacan (KMB or Bulacan Workers' Movement) or Kilusang Mayo Uno (KMU or May One Movement).

Then, at around 12nn to 1pm, a soldier now identified as Yonel dela Cuesta, had returned to the picket line telling Rosalinda that they wanted to speak to Mercy because they are going to give her a house and lot. However, before they could do so they wanted to question her and take her to Fort Magsaysay. Yonel also warned Jovy that anyone who is seen with Mercy would also be pursued. The soldiers have since visited the picket line almost everyday looking for Mercy.

On March 23, Edgardo had a conversation with one of the soldiers who had introduced himself as commander of the 7th ID. He, however, could not recall his name. It is in Shoetown, a branch of Footjoy, where this conversation took place, which is located in the same village.

According to this soldier, they have a list of their union members which was given by the factory's keeper, Domingo Obal. Leading on the list was the union's president, Mercy. The existence of the supposed list though is yet to be confirmed.

This soldier also claimed that whether the workers admit or not, they have been surely infiltrated by the communists. He also mentioned that the workers knew where Mercy is but they hid her from them. Edgardo told him it's up to them whether they want to believe the workers. Edgardo told him that it just so happened that Mercy is the one who always speaks during their meetings because she could grasp easily what their lawyer wanted to say. The soldier also mentioned that they are wondering why Mercy was also always present in rallies.

Edgardo's experience was then followed on March 25 when two soldiers entered the Footjoy factory and asked him to accompany them inside around 4:45pm. While Edgardo was accompanying them, the soldiers asked him whether he has anything to say about Domingo.

Edgardo however answered that Domingo was the keeper of their employer's fish pond. The soldiers then corrected their own question and asked him again about Domingo's involvement in their case. Edgardo answered that his co-workers were mad at Domingo because he had colluded with the factory owner in taking the machines out from the factory.

In another incident, on March 24 at around 3pm four soldiers visited the house of other Footjoy workers, Zenaida Magabo and her husband, Ronaldo, in Barangay Tabe, Guiguinto, Only Ronaldo was at their house at that time. According to the accounts of Ronaldo relayed by Zenaida, the soldiers asked her husband if he knows Mercy and the other officers of their union.

They also confronted Ronaldo for being a speaker in some rallies. But Ronaldo reasoned out patiently answering their questions but never believed him. Instead, they quoted a line from the bible stating that Judas was killed because he was a liar. They then told him that he and his wife should report to the detachment the following day, March 25, and if they fail to do so it would mean that they are hiding something.

However at around 11:30pm on the day, while Zenaida and Ronaldo, were asleep the soldiers arrived and pounded their gate. They also forced them to report to their detachment. When they arrived at the detachment, a certain Major Barnas/Vargas introduced himself telling the couple that he is the second high-ranking official in Bulacan. He also claimed that the barangays in Bulacan and Pampanga are under his command. He also told them that they had already given lecture to the "mother leaders" of their barangay--referring to the coordinators in the village--telling them that union organizing is Mercy's way of money making.

This military major also said that Mercy is Satur Ocampo's disciple and that communists wants to undermine the country's economy that is why they are urging the workers to go on strike. He also claimed that it is their way of recruiting members of New People's Army (NPA), a rebel group.

The soldier also added that with regard to the Php10 million (USD 2.3 million) monetary awards for the workers, the Php 2 million (USD 47,000) have been already taken by Mercy that is why their case is not making any progress and that there is no assurance if the workers would be able to get their share. He also added that even if the workers get their separation pay, some of them would still die. The couple was interrogated for about an hour and a half.

On March 25, at 1pm, Ronaldo and his wife Zenaida were again told by the military to report to the detachment and ordered Ronaldo to fill-up a form with a heading address of Panasahan, Malolos. He was then offered to become a member of Barangay Intelligence Brigade (BIB), but they were able to refuse by making excuses reasoning that they are very busy with their tiangge business (store of surplus products being sold with lower prices).

The couple also said the soldiers also visited their fellow workers living in Barangay Tabe. Like them they were also questioned about Mercy. On March 26, at around 1pm to 2pm, a man who introduced himself as a buyer from Shoetown had come asking workers Chito Ibardolaza and his fellow worker Satur to accompany him going to the Footjoy's building. However, upon reaching the place, the man, whose movement was seen suspicious, did not get out from his car. He instead gave Chito and Satur food to eat telling them he would come back some other time.

After a while, as the two were together with a neighbor Boyet having a rest under the tamarind tree near the picket line, when a man, carrying a gun, approached them introducing himself as an NPA member. He then asked who are the strikers and their president, and how long they have been holding their picket line. They told the said man that they have been on strike for seven years.

The man then commented that Antonio Tan, the owner of the company, has already left outside the country. He then asked if there are any "pulahan" (leftist) in their group. He also asked them about Mercy's whereabouts and told them that she was evil. After that, he left and went straight to the soldiers' outpost nearby.

Up until now, the threats and harassment perpetrated by the soldiers against the workers is still continuing. The soldiers also continue to pursue Mercy. During the incidents, Mercy was not at the picket line, but her fellow workers had immediately informed her once they are being threatened and harassed. For the time being, Mercy has since gone into hiding and could no longer be located. She was last known to have worked as a laundrywoman.

ADDITIONAL INFORMATION:
The Footjoy Industrial Corporation, owned by Antonio Tan, is a company that produces shoes and slippers. It began its operation in 1991 in Cruz, Guiguinto, Bulacan. It has almost 15,000 employees including those employees in other branches of Footjoy such as Front Runner/BRC, Shoetown, KTP, Discovery Luggage, Bon Voyage, Cathay Luggage and Pulilan Footwear.

On 2 February 2001, the factory owner claimed they needed to temporarily shutdown their company due to financial losses. The workers, however, noticed that the management had been gradually taking their machines out from the factory which should have not been allowed.

Because of this unannounced closure, the workers had no choice but to hold a strike within the same month. They set up their picket line outside the factory which eventually became the residence of many of the workers after losing their jobs. They could no longer afford to pay for rent should they decide not to stay at the picket line.

On March 19, 2001, almost 505 workers have filed charges of Illegal Closure, Illegal Dismissal and Non-Implementation of the Wage Order No. 8 for underpayment before the National Labor Relations Commission (NLRC) in Region 3, against the owner of the factory. The NLRC is under the Department of labor and Employment (Dole). On October 2001, the NLRC ruled in favor of the workers granting them a monetary compensation of about Php51 million (contrary to the soldiers' claim of only Php10 million).

The owner, Antonio Tan, appealed the NLRC's decision on 14 December 2001 but was eventually dismissed due to his failure to complete the appeal bond. On July 2002, Antonio then filed another appeal before to the Court of Appeals (CA). On 29 November 2002, the CA ruled in favor of Antonio's appeal and ordered the case to be sent back to NLRC. He was also allowed a Php10 million appeal bond.

On 15 September 2003, the workers filed a Petition for Review before the Supreme Court (SC) with regards to the CA's decision. However, on 27 July 2007, the SC affirms the CA's earlier decision in favor of Antonio. At the present, the workers are still waiting for the SC's Entry of Judgment in order to set a hearing at the NLRC.

SUGGESTED ACTION:Please write letter to the concerned authorities requesting for their appropriate intervention into this case. A credible investigation must be conducted regarding these allegations against the soldiers. The soldiers should also be investigated regarding the actions they are taking against the union leaders and workers and that must be held responsible if found to have committed this violation.

The AHRC has also written to the Special Representatives of the UN Secretary General for human rights defenders; on human rights and transnational corporations and other business enterprises and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression. We have also endorsed the union's complaint to the Secretary General of the International Labor Organization (ILO).

To support this appeal, please write:

Dear __________,

PHILIPPINES: Soldiers continuously harass and threaten a union leader and her fellow workers
Name of victims: 1. Mercy Santomin, union president of the Nagkakaisang Samahan ng Footjoy (United Association of Footjoy) and her fellow workers; 2. Rolando Nicol (a.k.a. "Teng-Teng"), union officer 3. Satur Maraganas 4. Edgardo Hernandez5. Aldrin Lipa 6. Erlando Ricohermoso7. Enrico Lastimado 8. Rosalinda Villavicencio 9. Zenaida Magabo and her husband; 10. Ronaldo11. Chito Ibardolaza(All of them are union members and former workers of the factory Footjoy Industrial Corporation) Date of incident: Since 10 March 2008 to presentPlace of incident: Barangay (village) Cruz, Guiginto, BulacanName of alleged perpetrators: Yonel dela Cuesta, Major Barnas/Vargas and several soldiers attached to the 7th Infantry Division (ID), Philippine Army.

I am writing to raise my grave concern regarding the soldier's actions by continuously threatening and harassing a union president, Mercy Santomin, union officer Rolando Nicol and at least nine of their companions mentioned above. Mercy, Rolando and their fellow workers, all are members of Nagkakaisang Samahan ng Footjoy (United Association of Footjoy), had been holding a picket line in front of their factory since February 2001.

I am aware that after their factory shuts down unannounced, the workers were left without choice but to ensure that the factory's industrial machines kept inside would not be taken out until they are paid their separation pays and other benefits. The workers have lost their jobs and their factory closed down without paying their financial obligations due them. Some of them, too, were left without choice but to stay at their picket line despite enormous inconvenience as they themselves are no longer able to pay for a house rent after losing their job.

However, as the workers' compensation claims from their former employer remains pending, I have learned that the soldiers, whose names and unit is mentioned above, have continuously been employing threats and harassment against the union's leaders and members. They also falsely accused Mercy of either being leftist and insinuated they had been influenced by communists to justify their actions; for instance, of questioning them in absence of their legal counsel.

This incident began on 10 March 2008 when the soldiers had come to the village close to where the union's picket line is located and set up their detachment there. The soldiers, without any substantial reasons or explanation, have since been routinely going to the union's picket line and questioning the workers staying there. They have repeatedly questioned them regarding the whereabouts and personal details of Mercy and their union's activities since then. One of the workers was also asked details about Rolando.

Although the soldiers do not have any business with the pending labor dispute between the workers and their former employer, the soldiers nevertheless interfere claiming the workers' decision to go on strike since February 2001 could have been influenced by the communists. In doing so, the soldiers are making justifications to their obviously illegal actions. The civic service and census they are conducting with the workers is in fact a smokescreen in this case.

Also, there have been instances wherein the workers are held and questioned in absence of their legal counsel. This is what had happened to Zenaida Magabo and her husband Ronaldo on March 24. The couple, who are also workers and union members, were briefly held at the soldiers' detachment after having been forcibly taken from their house while they were asleep.

They were questioned regarding Mercy's details and other leaders. The soldiers likewise attempted to employ the couple's service into the Barangay Intelligence Brigade (BIB) organized by soldiers but they refused.

Apart from that, I am deeply concerned with the soldiers' action which is effectively undermining these workers rights to freely associate and to exercise their right to create union in pursuing their labour rights. The soldier's presence in the area, did not only counter the police' duty of maintaining peace and order, but have also threatened the very heart of the union's activity itself.

or soldiers to interfere with union activity on the pretext of civic service and fighting insurgency is completely unacceptable. I could not find any substantial reason that could justify the soldier's continuing actions against the workers.

It is extremely shocking that these soldiers continuously threaten and harass these workers on the basis of unsubstantiated allegations. Their interference with the exercise of the workers' right to freely associate must be stop immediately. The soldier's actions have in fact contradicted the very purpose of their deployment there. The soldiers' intervention into the workers' union activities does neither fall within the civic service nor maintenance of peace and order they supposedly ought to do.

I am deeply concerned by the misrepresentation, misleading and illegal actions taken by the soldiers as they perform their duties there. I therefore, urge you to ensure that the soldiers involved must be investigated to answer the allegations against them. The soldiers must give sufficient explanation as to why they should not be held accountable for continuously threatening and harassing these workers. Their failure to do so should hold them accountable.

Furthermore, I urge you to ensure that the workers affected are also afforded with adequate and immediate assistance. I urge you to consider providing some arrangement to ensure their security and protection.

It is disappointing that some of these workers had to go into hiding for unsubstantiated illegal acts. These workers have long suffered from lost of livelihood and homes due to the failure of their employer to pay separation pay and other benefits. On top of this, they suffer threats as they continue to make these rightful claims.

Yours sincerely,


---------------------

PLEASE SEND YOUR LETTER TO:

1. Mrs. Gloria Macapagal-Arroyo, President, Republic of the Philippines, Malacanang Palace, JP Laurel Street, San Miguel, Manila 1005, PHILIPPINES
Fax: +63 2 736 1010 Tel: +63 2 735 6201 / 564 1451 to 80 E-mail: corres@op.gov.ph

2. Commissioner Lourdes Quisumbing, Commission on Human Rights, SAAC Bldg., Commonwealth Avenue, U.P. Complex, Diliman, Quezon City, PHILIPPINES
Fax: +63 2 929 0102 Tel: +63 2 928 5655 / 926 6188
E-mail: drpvq@yahoo.com

3. Deputy Director General Avelino Razon, Chief, Philippine National Police (PNP)
Camp General Rafael Crame, Quezon City, PHILIPPINES
Fax: +63 2724 8763 Tel: +63 2 726 4361/4366/8763 E-mail: bluetree73@gmail.com

4. Mr. Emilio Gonzalez, Deputy Ombudsman, Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices 3rd Floor, Ombudsman Bldg., Agham Road, Diliman, 1104 Quezon City, PHILIPPINES
Tel: +63 2 926 9032Fax: +63 2 926 8747

5. Mr. Ronaldo V. Puno, Secretary, Department of Interior and Local Government (DILG)
A. Francisco Gold Condominium IIEDSA cor. Mapagmahal St., Diliman, Quezon City, PHILIPPINES
Fax: +63 2 925 0332 Tel: +63 2 925 0330 / 31 E-mail: rvpuno@dilg.gov.ph

6. Mr. Raul Gonzalez, Secretary, Department of Justice (DoJ), DOJ Bldg., Padre Faura
1004 Manila, PHILIPPINES
Fax: +63 2 521 1614 E-mail: agnesdeva@yahoo.com

7. Gen. Hermogenes Esperon, Chief of Staff, Armed Forces of the Philippines (AFP) AFP-GHQ Offices, Camp Gen. Emilio Aguinaldo, Quezon City, PHILIPPINES
Fax: +63 2 911 6436Tel: +63 2 911 6001 to 50

8. Mr. Marianito Roque, Acting Secretary, Department of Labor and Employment (Dole)
7/F DOLE Building, Intramuros, Manila, NCR 1002 PHILIPPINES
Tel No: +63 2 527 2131 E-mail: sec_art_brion@yahoo.com.ph


Thank you.

Urgent Appeals ProgrammeAsian Human Rights Commission (ua@ahrchk.org)

MANILA, Philippines - In June 1996, five men were arrested at random for the murder of an influential police colonel and intelligence officer during the Marcos regime, called Rolando Abadilla.

They were brutally tortured while in police custody. Three years later they were convicted, and sentenced to capital punishment.

However since January 2000, the appellate review on the sentence imposed by the lower court – which could have been decided with finality – unnecessarily drags on. For five years it was left with the Supreme Court (SC) without decision; and later the Court of Appeals (CA) took over the case. Nearly three years on and with nine justices appointed to handle the case, still they have failed to complete the review.

The five prisoners have been in jail at the New Bilibid Prison in Muntilupa City. One of the prisoners has a worsening medical condition. The appellate review is currently pending with the ninth judge, Justice Agustin Dizon, who is also retiring on June 27, 2008.

So far there is no substantial progress yet that the CA will act promptly to conclude the review of their sentence.

This case illustrates how miserable lives of prisoners could become due to excessive court delays and the reality of how oddly the system of justice functions in the Philippines, according to the Asian Human Rights Commission.

Arbitrary, unlawful arrests and extra-judicial and political killings continued to be a major problem in the Philippines in 2007, the United States government said Wednesday.

In its 2007 report on the human rights conditions in the Philippines (http://www.state.gov/g/drl/rls/hrrpt/2007/100535.htm), Washington noted that many of these killings went unsolved and unpunished despite intensified efforts of the government to investigate and prosecute these cases.

“Concerns about impunity persisted. Members of the security services committed acts of physical and psychological abuse on suspects and detainees, and there were instances of torture,” the report said, adding: “Arbitrary or warrantless arrests and detentions were common. Trials were delayed, and procedures were prolonged. Prisoners awaiting trial and those already convicted were often held under primitive conditions.”

Left-wing and human rights activists were often subject to harassment by local security forces, the report said.

The US also noted that corruption has pervaded institutions making up the criminal justice system, including police, prosecutorial and judicial organs.

Problems such as violence against women and abuse of children, child prostitution, trafficking in persons, child labor, and ineffective enforcement of worker rights were