PHILIPPINES: Threat and intimidation of human rights lawyer and activist 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-178-2006
ISSUES: Human rights defenders,

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that unidentified men riding motorcycles reportedly spied upon human rights lawyer, Jobert Pahilga and activist, Ms. Marissa Dumanjug-Palo in separate incidents. Pahilga reported that two men riding on a motorcycle pursued him through his neighborhood when he went for a court hearing. On May 31, activist Dumanjug-Palo also noticed four men riding on two motorcycles apparently following her while riding in a taxicab.

On June 2, Pahilga reported the harassment on him. He is one of the counsels for Anakpawis partylist representative Rafael Mariano (please see our previous appeal on this: FA-008-2006). He claimed that his case is yet another in the increasing list of political harassment of identified activists. Pahilga, executive trustee for the Sentro Para sa Tunay na Repormang Agraryo (SENTRA), denounced the threats and harassment saying: “This obvious threat to my life and security is undoubtedly politically motivated and in consonance with the ongoing political persecution of identified militants and activists.”

It is reported that Pahilga was informed by a reliable source from the military that those men tailing him were from Fort Magsaysay in Nueva Ecija and were acting allegedly upon the instructions of Major Gen. Jovito Palparan, head of the 7th Infantry Division, Philippine Army.  Pahilga’s source added that not only were his movements being monitored but also the activity of his mobile phone.

Pahilga is deeply involved with the struggle of peasants. He serves as the legal counsel for farm workers in Hacienda Luisita, Tarlac (to read the background of this case: UA-34-2005). He likewise serves as counsel for peasants on a number of land cases involving influential landowners. Pahilga is convinced that the harassment on him is aimed at “paralysing his work in peasant and human rights lawyering.”

In another case, on May 31 activist Dumanjug-Palo was on her way to her office in a taxicab when she noticed that four unidentified men riding on two motorcycles were following her. Dumanjug-Palo is the head of the National Democratic Front of the Philippines (NDFP) – the nominated section of the Joint Secretariat of the Joint Monitoring Committee. The Committee was established as part of the implementation of the Comprehensive Agreement on the Respect on Human Rights and International Humanitarian Law (CAHRIHL). Their office receives complaints from victims of human rights violations and their families on cases of violations committed by government soldiers and the New People’s Army (NPA) rebels.

Prior to this incident, 38 out of the 51 personalities accused and charged with Rebellion by the Department of Justice (DoJ) were sent notices for court hearings through the office of NDFP-Nominated Section of the Joint Secretariat in Cubao, Quezon City. These accused persons, however, are not connected with the said office. The functioning of the Joint Secretariat had been affected when the peace talks between the government and the Communist Party of the Philippines (CPP) was stalled.

It is reported that two of the 51 accused persons have already been disappeared and killed; these are disappeared victim Philip Limjoco (please see our previous appeal: UA-170-2006) and Sotero Llamas, former NDFP peace panel member and Bayan Muna (People First) Partylist founder who was killed on 29 May 2006.

Below is an account of the May 31 incident according to Dumanjug-Palo:

Around 11:15am today, 31 May 2006, I hailed a taxi along V. Luna Road , Quezon City, in the vicinity of V. Luna hospital (several establishments away) on my way to the office. The taxi went towards the direction of East Avenue.

The taxi driver called my attention when we reached the traffic light (red) in the corner of V. Luna Road and East Avenue by saying, “Ma’m, napansin nyo ba yung motorsiklo na nakasunod? (Ma’m, did you notice the motorcycle following us?)” I looked back but did not see a motorcycle. I asked him, “Bakit po?  Saan ninyo nakita na nakasunod? (Why po [expression of respect for elder]?  Where did you notice that it was following us?” He replied, “Bandang kanto ng hospital nakita kong sumunod, parang nag-cut mula sa kanto. (In the vicinity of the hospital, near the corner, I saw that it started following us, it seems to have swerved from the corner.)” I replied, “Sige sa EDSA ninyo idiretso, mag-U-turn tayo sa ilalim ng fly-over, pero huwag kayong hihinto, diretso lang. (Okay, go directly to EDSA, make a U-turn under the fly-over, but do not stop, just go straight.)”

We turned left on East Avenue and proceeded towards EDSA. I then looked back again and vaguely saw a black motorcycle with two men riding but it was quite a distance and they were partly hidden by the other vehicles. When we made a U-turn under the fly-over near GMA-7 station, I saw that the black motorcycle (model like a dirt bike) was one vehicle away and also making a U-turn.  Riding it were two men wearing black helmets and dark-colored jackets. I was able to see that the motorcycle did not have a license plate.

I instructed the taxi driver to go towards Timog Avenue (turning right) and take one side street (the jeepney route) towards E. Rodriguez.  The black motorcycle was still following us.  Before we were to turn left towards the side street (which was three or four corners from GMA-7), the taxi driver said, “Ma’m, dalawa na sila. (Ma’m, there are now two motorcycles.)” I again looked back.

I saw another black motorcycle (bigger model than the dirt bike and similar to what SWAT teams use) with two men riding it. They were also wearing helmets and dark-colored jackets. The second motorcycle was around ten meters behind the first motorcycle.  When we turned the corner, I asked the taxi driver, “Manong, paano ninyo nasabi na dalawa sila? Magkasama sila? (Manong [term for elder male], how can you say that there are two?  Are they together?)” The driver replied, “Parang synchro ang kilos eh. (It’s as if their movements are synchronized.)”

At the end of the street, we turned left towards E. Rodriquez. When I looked back again, I saw that the second motorcycle was now one vehicle behind us and the first motorcycle was further back.

The two motorcycles followed us the entire stretch of E. Rodriguez, maintaining a distance of one or two vehicles (even if there was no vehicle between us and them), did not attempt to overtake us and always rode diagonal from each other.

I instructed the taxi driver to turn right on New York Street and towards Lantana Street.

When we turned right on New York Street, the two motorcycles did not follow anymore and sped straight towards the direction of Cubao. I saw that the second motorcycle also did not have a license plate.

All four men did not have any bags with them. I was not able to see if the back-riders were wearing gloves (like the drivers) because they always had their hands in their pockets or were hidden whenever I had the chance to look towards their direction.

SUGGESTED ACTION:

Please send your letters to the relevant government agencies to raise your concern about the threats made against Jobert Pahilga and Marissa Dumanjug-Palo. An impartial investigation must look into reports received by Pahilga that those who are spying on him are military agents who allegedly have connections with Major Gen. Jovito Palparan. A separate inquiry must also be conducted into Dumanjug-Palo’s case. Please request the authorities to take measures to ensure the safety and security of these persons with urgency.

 

 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ___________,

PHILIPPINES: Threat and intimidation of human rights lawyer and activist

Case 1:
Name of victim facing threat:
 Lawyer Jobert Pahilga, Executive Trustee for the Sentro Para sa Tunay na Repormang Agraryo (SENTRA).
Name of alleged perpetrators: Two men riding on a motorcycle

Case 2:
Name of victim facing threat:
 Marissa Dumanjug-Palo. Married with one child and a resident of Quezon City. She is the head of the National Democratic Front of the Philippines (NDFP)-Nominated Section of the Joint Secretariat of the Joint Monitoring Committee. Former staff of KARAPATAN-Alliance for the Advancement of People’s Rights (National Office) as Projects and International Desk Officer.
Name of alleged perpetrators: Four unidentified men riding on two separate motorcycles. They were wearing black helmets and dark-colored jackets
Place of the incident: From V. Luna Road, Barangay (village) Pinyahan to New York Street, Cubao, Quezon City
Date of Incident: 31 May 2006 at 11:15am

It has come to my attention that human rights lawyer Jobert Pahilga and activist Marissa Dumanjug-Palo have been the subject of threat and intimidation by unidentified persons. According to information I have received, on May 31 Dumanjug-Palo was on her way to her office in a taxicab when unidentified men riding on two separate motorcycles were apparently following her. On June 2, Pahilga reported he also noticed for some time that unidentified men riding on motorcycles were spying on him as he drove through his neighbourhood and towards the courts.

It is believed that the threats against Pahilga and Dumanjug-Palo are most likely related to their work. Pahilga is one of the counsels for six partylist representatives accused for rebellion while Dumanjug-Palo is the head of the National Democratic Front of the Philippine (NDFP)-nominated section of the Joint Secretariat of the Joint Monitoring Committee. The Committee Dumanjug-Palo was heading monitors and receives cases of human rights violations committed by both the government forces and the rebels. The functioning of their work, however, has been affected by the stalled peace talks between the government and the rebels.

I am deeply concerned by these two incidents and for the future safety of both Pahilga and Dumanjug-Palo. I have learned that Pahilga has been informed by a reliable source from the military that those who were tailing him were allegedly agents with connections to Major General Jovito Palparan, head of the 7th Infantry Division, Philippine Army. I urge your immediate intervention to have the reports received by Pahilga’s investigated into in order to determine whether this is true or not.

There have been many requests for your office’s intervention to have the allegations of abuse and misconduct made by Major General Palparan and those military agents connected to his division investigated. This includes the case of disappeared victims Rogelio Concepcion, Reynaldo Manalo and Raymond Manalo of San Ildefonso, Bulacan; Ronald Intal of Tarlac City, Tarlac; the killing of Ofelia Rodriguez (a.k.a. Nanay Perla); the threats made on Enrico Estarez and torture of his colleagues Francis Paraon, Reynaldo Pizon and Herminio Zuniga in San Miguel, Bulacan. I am unaware if these requests have been acted on, if your office has launched investigations, or if any action has been taken against those persons who the allegations were made against. If such action has not been taken, I once again request that it is.

Additionally, I urge your intervention to have the threats on Dumanjug-Palo’s investigated thoroughly. Concerned authorities must also afford immediate security and protection to her once the investigation commences. All means must be exhausted to identify those who made threats on her. The government must take all possible measures to prevent any violence against any members or staff of the Joint Secretariat of the Joint Monitoring Committee. Their security and safety is imperative in upholding the effectiveness of monitoring and to ensure the protection of human rights in your country.

I trust that you will take action in this case.

Yours sincerely,

———————————-

PLEASE SEND YOUR LETTERS TO:

1. Ms. Purificacion Quisumbing
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Tel: +63 2 928 5655 / 926 6188
Fax: +63 2 929 0102
Email: drpvq@chr.gov.ph

2. P/DIR Gen. Arturo Lomibao
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763

3. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
Email: sechbp@infocom.com.ph

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

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

6. Mr. Orlando Casimiro
Deputy Ombudsman for the Military and
Other Law Enforcement Offices
3rd Floor, Ombudsman Bldg., Agham Road
Diliman (1104) Quezon City
PHILIPPINES
Tel: +632 926 9032

7. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Attn: Melinda Ching Simon
Room 1-040
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
E-mail: MChingSimon@ohchr.org

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : UA-178-2006
Countries : Philippines,
Campaigns : Stop extra-judicial killings in the Philippines
Issues : Human rights defenders,