URGENT APPEAL GENERAL URGENT APPEAL GENERAL URGENT APPEAL GENERAL

ASIAN HUMAN RIGHTS COMMISSION

16 March 2007
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UA-088-2007: PHILIPPINES: A human rights defender who testified to UN special rapporteur shot dead in Misamis Oriental

PHILIPPINES: extra-judicial killing; no rule of law;
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Dear friends,

The Asian Human Rights Commission has received information from local NGO KARAPATAN regarding the killing of human rights activist, Siche Bustamante-Gandinao on 10 March 2007. The victim was one of the witnesses who testified before the UN Special Rappoteur on Extrajudicial, Summary or Arbitrary Executions Professor Philip Alston during his visit to the Philippines in February 2007 about the killing of her father-in-law Tatay Daki Gandinao on 8 February 2007. It has been reported that members of the military are alleged to have killed Siche.

CASE DETAILS:

According to information we received, at around 3:00 pm on 10 March 2007, Mrs. Siche Bustamante-Gandinao was on her way home from her family's farm in Sitio Nabuolan, Barangay Guinalaban in Salay, Misamis Oriental with her husband and a daughter. Siche was walking behind a cart that was loaded with their harvested crops and being pulled by a cow. While they were walking towards home, they passed the 9th Infantry Battalion Philippine Army (IBPA) detachment, at which time the family saw that a red motorcycle was parked in front of the gate.

After they had walked about 50 metres from the detachment, a man with a gun ran towards the family from the detachment and grabbed the daughter. Then the man turned around and faced Siche and shot her in the forearms and chest several times. The victim fell to the ground immediately and the assassin ran away in the direction of the detachment. The husband and the daughter of the victim called for the help of people who live nearby the site, however no one came. It has been reported that the Barangay (neighbourhood) Chairman of the nearby village then came and tried to call the police but he told to the family that it was unlikely that anyone would be dispatched because they were engaged in other work.

Mrs. Siche Bustamante-Gandinao's husband carried her on his back and tried to take her to the nearest hospital while both he and his daughter kept shouting for the help of people they encountered on the road. However they could not find either a car or medical treatment.

Shortly afterwards, two men on a motorcycle approached the family before turning back towards the detachment. However, the same motorcycle came back with another motorcycle that was red in colour and the family recognized it is the same motorcycle that they had seen in front of the detachment. There were two men on the red motorcycle and the daughter has reportedly identified one of them as being the assassin. The men on the motorcycle then went away and they have not been seen since.

The family then found help from a villager who offered them a ride on his motorcycle. The victim was taken home at which time she was still breathing. She was immediately taken to the municipal hall and they finally found an ambulance that transported her to the hospital in Cagayan de Oro city, which is located more than one hour from Salay where the family live. However, Mrs. Siche Bustamante-Gandinao was declared dead at the Balingasag Medicare Hospital where the ambulance stopped in order to get intravenous sustenance for the victim.

Mrs. Siche Bustamante-Gandinao was one of the witnesses of the murder case of her father-in-law, Mr. Tatay Daki Gandinao, who was shot dead on 8 February 2007, and testified about the killing of her father to the UN Special Rapporteur on Extrajudicial, Summary and Arbitrary Executions, Professor Philip Alston, during his 10 days visit to the Philippines in February 2007 to investigate the killings in the country.

Siche was a dedicated human rights activist who worked for the improvement of rights of farmers and fishermen. She was a member of the Misamis Oriental Farmers Association (MOFA). She was also involved in the promotion of rights and welfare of marginalized sectors in society including industry workers, peasants, indigenous peoples and the urban poor as member of a political party, Bayan Muna.

According to the information we have received, there has been no investigation into the case initiated by police.

The AHRC strongly condemns the lack of investigation by the police concerning this important case. The fact that a person who has testified on the situation of the killings to the UN's top expert on the matter should be killed as a result is a most serious case, and shows the extent to which the Government of the Philippines is flouting its international obligations and pledges to the international community given prior to its elections to the UN Human Rights Council, which is currently in session. Effective investigations and judicial mechanisms are required as a matter of urgency if these killings are to stop. However, this case in particular shows the blatant disregard that the authorities of the Philippines have for the lives of the country's citizens and justice and human rights. 

To see more about the individual cases of extrajudicial killings in the Philippines that the AHRC has reported through our Urgent Appeal, visit out Philippines web site at http://www.pinoyhr.net/ .

Please also refer to the latest issue of Article 2, vol.6, no. 1, February 2007, SPECIAL REPORT: THE CRIMINAL JUSTICE SYSTEM OF THE PHILIPPINES IS ROTTEN, a bimonthly publication from the Asian Legal Resource Centre (ALRC), a sister organization of the AHRC.

SUGGESTED ACTION:
Please write a letter to the concerned authorities below, including the UN Special Rapporteur on extrajudicial, summary and arbitrary executions Professor Philip Alston, and urge the authorities to conduct a thorough and impartial investigation into extrajudicial killing. Please also urge them ensuring all necessary assistance for the victim's family to seek legal remedies. In addition, please urge them to take immediate action to ensure the elimination of the practice of politically-motivated extra-judicial killings.

To support this urgent appeal, please click here:

Suggested letter:

Dear __________,

PHILIPPINES: A human rights defender testified to UN special rapporteur shot dead in Misamis Oriental

Name of victim killed: Mrs. Siche Bustamante-Gandinao, 56 year-old, married with 6 children, resident of Purok 7, Upper Poblacion, Salay, Misamis Oriental, Philippines
Alleged perpetrator/s: man came by a red motorcycle with a gun
Place of incident: 50 metres off from the 9th Infantry Battalion Philippine Army (IBPA), Civilian Armed Forces Geographical Unit (CAFGU) detachment, Barangay Guinalaban, Misamis Oriental
Date of incident: at around 3:00 pm on 10 March 2007

I am writing to you to express my grave concern and shock over the murder of a human rights defender, Mrs. Siche Bustamante-Gandinao who was shot dead on 10 March 2007 by an armed man near the detachment of the 9th Infantry Battalion Philippine Army (IBPA), Civilian Armed Forces Geographical Unit (CAFGU) in Misamis Oriental.

According to the information I have received, the victim was shot when she was walking with her husband and a daughter from their field with their harvested crop on their way to home in the afternoon. After the family passed about 50 metres away from the military detachment, an armed man rushed over to the family and took a daughter with a gun. In a short while, the man turned to face Mrs. Mrs. Siche Bustamante-Gandinao and immediately shot her forearms and chest few times. The victim fell down on the floor and the family shouted for a help to the nearby residents but no one came to offer a help.

A chairman of the Barangay (neighbourhood) tried to call police car however he told the family that it is difficult to be despatched since the car has been used at that time. The husband of the victim then tried to bring the victim to the house on foot. After a short while, two men on a motorcycle passed by the family ignoring the plea of the family for help to the direction of the military detachment.

However, the same motorcycle came back with another motorcycle that was red in colour and the family recognized it is the same motorcycle that they had seen in front of the detachment. There were two men on the red motorcycle and the daughter has reportedly identified one of them as being the assassin. The men on the motorcycle then went away and they have not been seen since.

The family then found help from a villager who offered them a ride on his motorcycle. The victim was taken home at which time she was still breathing. She was immediately taken to the municipal hall and they finally found an ambulance that transported her to the hospital in Cagayan de Oro city, which is located more than one hour from Salay where the family live. However, Mrs. Siche Bustamante-Gandinao was declared dead at the Balingasag Medicare Hospital where the ambulance stopped in order to get intravenous sustenance for the victim.

I have learned that the victim, Mrs. Siche Bustamante-Gandinao was one of the witnesses of the murder case of her father-in-law, Mr. Tatay Daki Gandinao, who was shot dead on 8 February 2007, and testified about the killing of her father to the UN Special Rapporteur on Extrajudicial, Summary and Arbitrary Executions, Professor Philip Alston, during his 10 days visit to the Philippines in February 2007 to investigate the killings in the country.

Siche was a dedicated human rights activist who earnestly worked for the improvement of rights of farmers and fishermen as member of the Misamis Oriental Farmers Association (MOFA). She was also involved in the promotion of rights and welfare of marginalized sectors in society including industry workers, peasants, indigenous peoples and urban poor as member of a political party, Bayan Muna.

According to the information I have received, there are no investigation into the case initiated by police despite the significance of the case that is the murder of a civilian who presented her testimony to the United Nations' independent expert on extrajudicial killing.

I strongly condemn the lack of investigation by the police concerning this important case. The fact that a person who has testified on the situation of the killings to the UN's top expert on the matter should be killed as a result is a most serious case, and shows the extent to which the Government of the Philippines is flouting its international obligations and pledges to the international community given prior to its elections to the UN Human Rights Council, which is currently in session. Effective investigations and judicial mechanisms are required as a matter of urgency if these killings are to stop. However, this case in particular shows the blatant disregard that the authorities of the Philippines have for the lives of the country's citizens and justice and human rights. 

I therefore strongly urge your actions in ensuring the immediate and thorough investigation into the murder of the victim, Mrs. Siche Bustamante-Gusmao, and bring the perpetrators before justice without delay.

In addition, I would like to urge your more diligent effort for the elimination of killings including extrajudicial and politically motivated of those, and to take all necessary actions for the establishment of effective investigative and judicial mechanism to promote thorough investigation and fair prosecution of the perpetrators of such killings.

I also urge your assistance in ensuring necessary assistance for the victim's family to pursue legal remedies for this case.

I look forward your immediate intervention into this important matter.

Yours sincerely,

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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

2. 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@yahoo.com

3. Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2 726 4361/4366/8763
Fax: +63 2724 8763
Email: bluetree73@gmail.com

4. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614

5. Mr. Orlando Casimiro
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: +632 926 9032
Fax: +63 2 926 8747
Email: omb1@ombudsman.gov.ph

6. Mr. Jesus D. Dureza
Presidential Adviser on the Peace Process
Office of the Peace Process
7 th floor, Agustin Building I
Emerald Avenue
Pasig City 1605
PHILIPPINES
Fax: +63 2 635 9579
Email: osec@opapp.gov.ph

7. Gen. Hermogenes Ebdane
Secretary
Department of National Defence
Room 301, DND Building
Camp Emilio Aguinaldo
E. de los Santos Avenue
Quezon City
PHILIPPINES
Fax: +63 2 911 6213
Email: osnd@philonline.com

8. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)

9. 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)

Thank you.

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