ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-024-2008

21 April 2008

[RE: AHRC-UAC-044-2008: PHILIPPINES: A trade union leader constantly threatened by the military]
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PHILIPPINES: Surveillance continues against an activist allegedly by military

ISSUES: Threats to human rights defender
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Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information from the Center for Trade Union and Human Rights (CTUHR) that an activist has continuously been under surveillance allegedly by the military. After having his case reported police authorities have conducted an inquiry about his current situation but they failed to provide him any protection.

UPDATE INFORMATION: (based on information received from Center for Trade Union and Human Rights (CTUHR))

As earlier reported in our previous appeal, Dante F. Senillo has since been receiving serious threats from the military in Ormoc City, Leyte since April 2004. He, however, was afraid to report to the police as he believes the military may come to know of his whereabouts instead. (See further AHRC-UAC-044-2008).

According to the information newly obtained, two police officers, one of whom identified as Sergeant Bereso, had visited his house at around 1pm on 4 April 2008. The officers told him that they have received a letter regarding his situation. They also asked him some questions about his current situation. They asked him whether he is still experiencing harassments from the 19th Infantry Battalion (IB) presently and that he had witnesses to prove the incidents regarding the threats mentioned in the copy of letter they had.

They also questioned him about his current job; when he started affiliating with the National Federation of Labour Union -Kilusang Mayo Uno (NAFLU-KMU) and whether he is still actively communicating with the said federation, amongst others. However, there has not been any actual assistance or adequate protection provided to him so far.

Meanwhile, at around 9:45am on April 9, Dante took a ride on a van going to Isabel, Leyte to attend the monthly board meeting of NAFLU-KMU. He arrived in Barangay Libertad, Isabel around 11am. As he entered the Gate 2 of Philphos Company, he noticed someone had been following him. Upon reaching the canteen inside the premises of the company, the man whom Dante suspected following him, had approached. The man then asked Dante some dubious questions like where he is going, what his job is and what he is doing in that company. According to Dante, the man was wearing a short and fatigue shirt with the abbreviation PA printed on it, which means Philippine Army.

At exactly 12:30, the company bus service came to pick up the company employees who were waiting in the bus stop. He rode on the bus and went to the union office. However, he was not sure if the man who approached him also followed him on the bus up to his destination.

BACKGROUND INFORMATION:

The high number of extrajudicial killings in the Philippines is a result from far higher level of threats and intimidation on the human rights defenders in the Philippines. Killings and threats to the human rights defenders in fact reflect that fear is manifested in the society and the government rules people by fear. Many times, the victims who receive serious threats from the military or police do not report their cases to any government authorities fearing that their location would be exposed. The circle of serious threats often ends only after a victim is arrested or killed. (See further: AHRC-UAU-011-2008, AHRC-UAC-010-2008)

In the Philippines, policemen are seen as adversaries by the activists for having been involved in carrying attempts on their lives and for their inaction in affording them any form of protection. Often, when an activist faces and receives threats to his or herself, going to police station and concerned authorities is not an option. They rather take upon themselves any arrangement for protection.

The AHRC has in recent times has expressed serious concerns over the continuing violence and the lack of protection to activists facing threats in the Philippines. Please refer to AHRC-STM-016-2008, AHRC-STM-014-2008, AHRC-STM-009-2008, AHRC-STM-007-2008.

Regarding hindrances and difficulties for a victim to get justice are described in the chapter on the Philippines in 2007 country report of the AHRC.

SUGGESTED ACTION:
Please write letters to the government authorities urging them to investigate this continuing surveillance allegedly by military against Dante.

Please be informed that the AHRC has written a separate letter to the UN Special Representative to the Secretary General on the situation of human rights defenders calling for an intervention in this matter.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

PHILIPPINES: Please provide adequate protection and impartially investigate threat by military

Name of victim: Dante F. Senillo, aged 37, regional staff of the National Federation of Labor Union-Kilusang Mayo Uno-Eastern Visayas Chapter (NAFLU-KMU-EV), the resident of Purok 3, Barangay Dolores, Ormoc City, Leyte, the Philippines
Name of alleged perpetrators: Elements of 19th Infantry Battalion of Armed Forces of the Philippines based in Camp Aguiting Kananga, Leyte
Date of incident: Continuing since April 2004 (the latest incident of a threat was made to him on 16-17 December 2007, under surveillance allegedly by the military)

I am writing to voice my deep concern regarding the continued surveillance allegedly by the military against an activist working for worker's rights in Barangay, Leyte.

According to the information I have received, since Dante's previous threats were revealed, two police officers visited his house and questioned about his current situation regarding harassment from the 19th Infantry Battalion and few other questions on 4 April 2008. While welcoming the police action, but at the same time I am concerned about the lack of assistance or adequate protection for him.

Another occasion of surveillance allegedly by the military occurred on April 9 even after two police officers have visited his house. From the information I have learned, someone wearing a shirt indicating PA, which means Philippine Army followed Dante and asked some dubious questions regarding his activities.

As you know, most of the victims extra-judicially killed have received serious threats and under the surveillance. I am aware that many times a victim who receives serious threats from the military or police do not report his or her own cases to any government authorities fearing that their location would be exposed. Since his case is reported to the police station with his courage, it is now in the hands of the police to investigate this alleged threats and surveillance allegedly by the military. At the same time, while conducting investigation, it is the police who have to provide protection to him since he reported it to the police. The police are unable to exempt from their responsibility with saying that they did not receive any case regarding threat against Dante.

In this regard, I urge you to conduct an impartial investigation into the continued threats and surveillance against Dante allegedly by the military and at the same time I especially urge that actual and adequate protection have to be provided to Dante without delay.

I also call upon the Armed Forces of Philippines to enquire into the threat and surveillance. I especially point out there include the enquiry whether or not the person in charge of the 19th Infantry Battalion has been directly or indirectly involved in the threat and surveillance against him.

I believe that you will take proper action into this matter.

Yours sincerely,

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PLEASE SEND YOUR LETTERS 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. Mrs. Purificacion Quisumbing
Commissioner
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. Raul Gonzalez
Secretary
Department of Justice (DoJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: agnesdeva@yahoo.com 

5. 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 6436
Tel: +63 2 911 6001 to 50

Thank you.

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