UPDATE ON URGENT APPEAL
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

22 May 2006

[RE: UP-160-2005: PHILIPPINES: Armed men kill female activist in Bataan, Luzon; victim's colleagues faces serious threat; UA-078-2006: PHILIPPINES: Nineteen-year-old activist found dead in Abucay, Bataan; UA-096-2006: PHILIPPINES: Activist killed and an attempt made on another's life; UA-101-2006: PHILIPPINES: Two more activists killed in Bohol and Tarlac; Activist who survives attempt on her life and her husband were killed]

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UP-111-2006: PHILIPPINES: Another female activist killed in Bataan

PHILIPPINES: Extra-judicial killing; violence against activists; complete collapse of rule of law; ineffective witness protection

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Dear friends,

The Asian Human Rights Commission (AHRC) deeply regrets to inform you of yet another killing of a female activist, Annaliza Abanador-Gandia in Balanga City on 18 May 2006. Gandia was a leader of a women's group affiliated with the Kilusan para sa Pambansang Demokrasya (KPD), a national political organisation. She was the fifth leader affiliated with the KPD to be killed since December 2005.

According to a report from KPD, Gandia, a leader for Pagkakaisa ng Kababaihan (Kaisa Ka), was gunned down between 4 and 5pm in her workplace. She is survived by her two children and husband who is working as a peasant organiser. It is reported that gunshots were heard at the Duckie Shop, where Gandia was working as a clerk, soon after two men riding on a motorcycle entered the shop. Gandia was later found dead with four gunshot wounds to her head and body.

Gandia's killing is yet another in the long line of attacks against members of the KPD. Those who were killed and whose cases remain unsolved were slain activist Kathy Alcantara (UP-160-2005 {http://www.ahrchk.net/ua/mainfile.php/2005/1398/}), Audie Lucero (UA-078-2006 {http://www.ahrchk.net/ua/mainfile.php/2006/1559/}), Tony Adriales of Pampanga and Remus Maglasang of Negros Occidental. Armed men believed to be from the military are believed to have perpetrated their killings.

In another development, the AHRC has received further details regarding the killing of Elena Mendiola (a.k.a. Baby) and her partner Ric Balauag. (Please see our previous appeal: UP-106-2006 {http://www.ahrchk.net/ua/mainfile.php/2006/1728/}). According to updated information received from Karapatan (Alliance for the Advancement of Peoples' Rights), it was past 1pm on May 10 when Elena and her partner Ric and two of her grandchildren arrived in Barangay (village) Garet, Echague. They were about to buy mangoes, which they planned to take to Manila. Before they headed to Manila, the couple first went to visit members of the Nagkakaisang Magsasaka sa Echague (United Farmers of Echague) in the same village.

The couple stayed there until the evening. They had their dinner at the house of farmer Ben Caculitan together with Rudrigo Aido, Carmelo Agcaoili and Rudy Corpuz. The couple's grandchildren were at the time with Marga Paat, wife of Rudy.

According to Alena, Elena's daughter and mother of the two children was keeping her informed of how the children were doing at the farm that afternoon. It was around 7pm when Elena called her informing that they would take dinner at the farm. It was the last communication they had.

At about 8pm Elena and Ric were preparing to leave the village. Elena woke up her grandchildren and took them to their car before going back to a hut to say goodbye to her friends. As she was about to pick up her things, she suddenly noticed a gunman leaning on one side of the hut with his gun aimed at her. She said "May tao," (There's somebody..'), but after two steps she was shot twice in the hip. She tried to move away, but the gunman repeatedly shot her killing her on the spot. Ric who feared for their grandchildren's safety tried running towards their vehicle where the children were located but another gunman shot him dead.

At this point the five people inside the hut dropped to the ground for fear that they would be shot. After the gunmen fled, Elena's grandchildren were taken inside the house while Marga Paat called Elena's daughter Alena informing her about the shooting. Alena immediately sought the assistance of the police. According to Alena nobody seemed to believe her story as nobody wanted to take immediate action to investigate the incident. Not until 12 midnight did the police finally arrive at the crime scene to investigate. They were later taken to a funeral parlor.

Elena suffered 14 gunshot wounds to different parts of her body while her partner Ric suffered two gunshot wounds to his right side. It is reported that the five people who were then inside the hut at the time of the incident were unable to see the gunmen because there was a power shut down in the entire village.

ADDITIONAL INFORMATION:

On May 12 the Department of Interior and Local Government (DILG) created the "Task Force Usig", a special investigation unit with a specific mandate to investigate cases of killings of activists. The creation of this task force was upon the orders of the President, Mrs. Gloria Macapagal-Arroyo. General Avelino Razon Jr., deputy chief for operations of the Philippine National Police (PNP) is to head the task force.

While the AHRC welcomes the creation of this task force, it maintains that any investigation can never be conclusive and effective if the law on witness protection--the Witness Protection, Security and Benefit Act (RA 6981)--is not implemented effectively. Prior to the creation of the Task Force Usig, a number of task forces have been created to investigate cases of killings but have failed to produced conclusive findings to effectively prosecute the perpetrators. They are failing to address what is urgently required--to afford witnesses and families of the dead protection.

Take the example of human rights lawyer Norman Bocar (UP-106-2005 {http://www.ahrchk.net/ua/mainfile.php/2005/1241/}) who was killed on 1 September 2005. The local police created Task Force Bocar (UP-156-2005 {http://www.ahrchk.net/ua/mainfile.php/2005/1390/}). To date, the AHRC is unaware of any conclusive findings by the police and is not aware of the perpetrators having been charged in court. Prior to Bocar's killing he received threats on his life to which he immediately sought protection from local police; but they failed to respond.

Task Force Usig has publicly acknowledged that they are finding it difficult to investigate cases involving killings of activists because of the families of the dead and witnesses reluctance to cooperate for fear of their lives. This was the same obstacle faced by the police in the case of activists Ernesto Bang and Joel Reyes who were killed in Camarines Norte in March 2005. (Please see: UP-75-2005 {http://www.ahrchk.net/ua/mainfile.php/2005/1140/}).

In a letter dated 31 May 2005, Mr Marcelo Ele Jr., formerly the Police Director of the Philippine National Police (PNP) Directorate for Investigation and Detective Management wrote to the AHRC explaining that no witnesses had come forward regarding Reyes and Bang's case for fear of reprisal. Mr. Ele is now the deputy commander of Task Force Usig. One of his tasks is reportedly to provide overall management and coordinate groups assigned to investigate the various cases.

The police authority's failure to take effective steps to recommend to the Department of Justice (DoJ) that the witnesses and the families of the dead be considered under the RA 6981 is affecting the progress of the cases. Most often the case cannot be filed in court due to the absence of witnesses and insufficient information. The loss of faith in the legal system and the insecurity felt by witnesses and families of the dead is entrenched and the authorities are failing to adequately remedy this.

SUGGESTED ACTION:

Please send letters to concerned agencies listed below requesting them to ensure that slain activist Annaliza Abanador-Gandia's case is investigated thoroughly. The authorities, in particular the newly formed Task Force Usig, must exhaust all means to identify the perpetrators to effectively prosecute them. Should there be potential witnesses available to her case, they must be considered for the Witness Protection Programme, Security and Benefit Act (RA 6981).

Suggested letter:

Dear ___________,

PHILIPPINES: Another female activist killed in Bataan

Name of victim killed: Annaliza Abanador-Gandia (35). She was a leader of the Pagkakaisa ng Kababaihan (Kaisa Ka), a women's organisation affiliated with the Kilusan para sa Pambansang Demokrasya (KPD).

Name of alleged perpetrators: Two unidentified men riding on a motorcycle

Date and place of incident: Inside the Duckie Shop in Balanga City on 18 May 2006

I am writing to draw your attention to the killing of female activist, Annaliza Abanador-Gandia on 18 May 2006. Gandia was attached to the women's organisation Pagkakaisa ng Kababaihan (Kaisa Ka), an organisation affiliated with the Kilusan para sa Pambansang Demokrasya (KPD).

I have learned that Gandia was inside the Duckie Shop, an establishment where she was then working, when shot dead by two men. It is reported that gunshots were heard coming from inside the shop soon after two gunmen riding on motorcycle alighted and were seen entering the shop. Gandia suffered multiple gunshot wounds to her head and body.

I am well aware that Gandia's killing is yet another case in the alarming trend of extra-judicial killings and violence against activists in your country. I am extremely disappointed by the Philippine government's failure to effectively remedy this situation and to prosecute the perpetrators in court.

While I welcome the creation of the Task Force Usig, a special investigating unit tasked to investigate cases of killings involving activists, I have reservations as to how this investigating body will perform their duties. I am extremely disappointed by the authority's failings, in particular the Department of Justice (DoJ) and the Philippine National Police (PNP), to effectively implement the Witness Protection, Security and Benefit Act (RA 6981), which is a precondition to effectively prosecute the perpetrators.

I am aware that most cases of killings involving activists in your country have not shown significant progress due to the absence of witnesses who fear for their lives should they become involved. I am extremely disappointed by the government's negligible effort, in particular the DoJ, to effectively address this alarming situation.

I trust that you will take immediate action in this case.

Yours sincerely,

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