2007.4.21
Human Rights Now
info@ngo-hrn.org
Marukou Bldg. 3F, 1-20-6, Higashi-Ueno
Taitou-ku, Tokyo 110-0015 Japan

Press Statement

HRN Fact-finding team in the Philippines, April 2007

1.

Human Rights Now, a Tokyo-based international human rights NGO, conducted

an investigation of extrajudicial killings and enforced disappearances in the Philippineson April 14th -22nd 2007. As a friend and fellow Asian constituency, Japanese civilsociety is very concerned about the fact that a substantial number of Filipinos have beentargeted in extrajudicial killings and enforced disappearances. Human Rights Now
shares this concern and decided to conduct a fact-finding mission in the Philippines.
We greatly appreciate the kind cooperation of all sectors involved. During our visit, we
met with DILG senior personnel, the Commission on Human Rights, the Integrated Barof the Philippines and several rights groups, most extensively with Karapatan.
We conducted an intensive investigation of several cases involving alleged victims andrelatives of victims of extrajudicial killings and enforced disappearances. We haveconducted interviews on 14 cases of extrajudicial killings (total victims: 26), three (3)cases of disappearances and five (5) cases of torture.
2.

Upon completion of the investigation, the fact-finding team of HRN found thatin most of the cases it investigated, the killings, disappearances, and torture areattributed to the military or police forces of the Philippines.
Firstly, in some cases we investigated, we are convinced that the military is involved in
the killing. One of the most evident cases is the Hacienda Luisita Massacre on
November 16th 2004.

Secondly, there are certain cases in which the witnesses directly identified theperpetrators. For example, we interviewed a witness who saw the abduction of twostudents from the University of the Philippines. The witness clearly stated that heidentified the perpetrator as military, 56th Infantry Battalion. We found this testimony tobe quite credible.
Thirdly, in most cases, the systematic pattern and circumstantial evidence strongly
suggest a connection between the government and the killings. In most cases, prior tothe killing, the victims were either profiled/condemned as “leftist” or “enemy of thestate” or threatened/harassed.
Finally, as for torture, based on our interview with so-called “TAGAYTAY5,” weconcluded that the brutal abduction and torture was conducted by the state police
agency in order to obtain information on their alleged “leftist” activity.
In terms of the number of killings, we realize more evaluation and clarification isnecessary. However, it is important to note that there are a certain number ofextrajudicial killings conducted by state agencies. It is our grave concern that despite
the facts stated above, perpetrators within the government have not been brought tojustice and human rights violators are enjoying impunity. All of the victims’ relatives
we met with claimed that there is no justice, accountability, or serious investigation of
the killings of their beloved ones.
3.

We found that even after the UN Special Rapporteur Philip Alston’s country visit,

the situation of extrajudicial killing has not been ameliorated. For instance, on March
31st 2007, Grecil Buya, a 9 year-old-girl, was killed by military forces in New Bataan,
Compostela Valley Province, Mindanao. We interviewed with her parents and foundthat the death of this innocent, civilian girl was caused by a military attack. We do notbelieve the military’s allegation that she was a child soldier of NPA armed with an M16rifle based on her educational record, her physical inability to carry such a rifle, and thedetailed testimony of her parents. It is our disappointment that neither a public apology
from the military nor an investigation of the perpetrator have taken place following theincident. We condemn the killing and impunity in this case.
4.

We emphasize the gravity of these human rights violations. In the cases weinvestigated, the victims include highly respected lawyers, human rights activists, unionleaders, a church bishop, a city counselor, a barangay captain and left-wing activists.
Most of the victims were advocates for the rights of ordinary citizens. Such killing
perpetuates fear among the people and projects a chilling effect on society as a whole. It
undermines freedom of expression, and ultimately, democratic society.
We have obtained the original document and appendix of Oplan Bantay Laya.
According to the documents, OBL does not differentiate between NPA and legalorganizations as the target of counter insurgency, and tries to “neutralize” the target
within a certain period. However, civilian activists must not be labeled as NPA nor betargeted by States. It is the basic principle of international humanitarian law that acivilian who is not a direct participant in armed conflict should not be the target of anarmed attack. The government must strictly differentiate between armed groups andcivilian activists, and respect/protect the right to life of the latter under any
circumstances.
5.

We express our grave concern for the lack of remedy of these human rights

violations. Despite the fact that Former General Parparan was named responsible for thesuccessive killings in the Melo Commission report, no case has been filed against him todate. The impunity of government officials is still widely prevailing.
When we met with a high rank personnel of DILG, Under Secretary General Mr.
Melchor Rosales, he stated that there is no extrajudicial killing in this country, onlyunexplained killing. Also, he stated that the police have been conducting human rights
education periodically since the end of the Marcos Era and there is no need for theadditional measures recommended by the UN Special Rapporteur.
We underscore that the government of the Philippines has not fulfilled its
obligation to prevent the recurrence of extrajudicial killing and forced disappearance
thus far. Each killing is not an isolated incident, but part of a systematic pattern of
human rights violations. The State's depending merely on the procedure of the special
courts is not enough in order to redress the situation.
The State should conduct thorough, effective and transparent investigations withvictims’ full participation and with international monitoring and technical assistance asappropriate.

6.

Under the International Covenant of Civil and Political Rights, the State has

theobligation to respect and protect the human rights of all people within its

jurisdiction. The State should refrain from any conduct of human rights violations,especially violations of the right to life. It should also protect the people from all formsof human rights violations by taking appropriate measures, including investigating andprosecuting human rights violators. There is, of course, an issue of human rights
violations by non-state actors in this country. However, the fact that non-state actors arecommitting human rights violations is not a justification for the state to violate its own
obligation to human rights.
We call upon the Philippine government:
1)

To immediately stop its policy targeting civilian organizations and individualactivists.
2)

To conduct or resume thorough criminal investigations of all individual cases ofalleged extrajudicial killings and enforced disappearances.
3)

To conduct a thorough, effective, and transparent large-scale investigation of thetrue cause and remedy of the human rights violations with victims’ full participation as
well as with international monitoring and technical assistance as appropriate.
4)
7.

To adhere to all international human rights and humanitarian law.
As the largest benefactor of Overseas Development Assistance (ODA) to thePhilippines to date, the Japanese government has a moral obligation to promote theprotection of basic human rights to the recipient country, as stated in the existing
principles in Japan’s ODA Charter. As stipulated in the four (4) principles of ODA
implementation, “full attention should be paid to efforts for promoting
democratization…and the situation regarding the protection of basic human rights andfreedoms to the recipient country.”
The Japanese prime minister has formally expressed “the great concern among theJapanese on the human rights situation in the Philippines” to President Arroyo on
December 9th 2006. However, Philippine local press recently reported that the two
governments may sign the Exchange of Notes of the 27th Yen loan Package on theoccasion of President Arroyo’s coming visit to Japan in May. We think that
unconditional provision of its ODA loan to the Philippines in this situation may send amisleading message to the Philippine government that the Japanese government
endorses or condones the current human rights policy of the Philippine government.
ODA must not take part in any action that undermines human security, peace, stability,and human rights.
We call upon the Japanese government:
1)

To suspend the Yen loan agreement until it recognizes the human rights

situation and accountability mechanism have clearly improved.
2)

To continuously monitor the human rights situation and accountability

mechanism in the Philippines, and to conduct constructive dialogue on human rights
with the Philippine government.
3)

To raise awareness of the situation within the international community bystating the issue before the UN Human Rights Council.
8.

Human Rights Now will issue a report of the fact-finding mission within

two months and submit it to both the Japanese and Philippine governments, as well as toall states and rights groups sharing concern. Human Rights Now will be holding aconference and dialogues with the UN Special Rapporteur Philip Alston on this matterin Tokyo this coming May to raise awareness of this grave human rights violations
within both Japanese and international society.

Human Rights Now~Protecting Human Rights for All~

Human Rights Now is the first Japanese international human rights NGO comprising abody of experienced legal professionals dedicated to protecting and promoting humanrights around the world, with a special focus on Asia. The activity includes monitoring/fact-finding of human rights, human rights education and advocacy work.