Japan Group Releases Report on Killings in Philippines

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　Interviews

1. Extrajudicial Killings against Human Rights Workers

Case 1 : Eden Marcellana and Eddie Gumanoy54

Background Information:

【Victims 】 Eden Marcellana (29 years old, female)

General Secretary of the organization KARAPATAN Southern Tagalog

Eddie Gumanoy (37 years old, male)

Chair of the peasant organization KASAMA-TK

【Incident】 The victims were killed on April 21, 2003 in Bansud, Oriental Mindoro,

Southern Tagalog. The incident happened in the course of fact-finding investigations conducted by the victims regarding human rights violations in Mindoro.

【Perpetrators】Master Sergeant Donald Caigas of the 204th Infantry Brigade in Mindoro and

the other AFP members were identified as perpetrators by witnesses.

Prior to the Killings

Prior to her killing, Marcellana’s activities as General Secretary involved: conducting Fact-finding Missions (FFM), developing documentation, interacting with media organizations and holding dialogues with government agencies and military officers. Marcellana worked in this capacity for approximately five years.

Marcellana’s husband told HRN that the military also suspected his wife of being affiliated with the New People’s Army.

Marcellana’s husband believed she was considered a top enemy of Palparan because of her human rights work.

“Almost all the cases of human rights violations were related to Palparan. Eden was the one who handled these cases, and as a spokesperson, she was vocally condemning the human rights violations. That’s why she was suspected as a high-ranking official of the National Democratic Front. She was considered a big fish.”

“Palparan mentioned in the past that KARAPATAN was a front of the NPA and these activists were considered enemies. Palparan’s group was going around the community and holding meetings where they would say Eden was a member of the NPA.”

Circumstances of the Killings

From April 19 to 21, 2003, Marcellana and Gumanoy led a fact-finding mission consisting of 11 people to Gloria, Oriental Mindoro to investigate cases of abduction and torture of Barangay Councilors and police as well as the destruction of villagers’ homes which were allegedly committed by the 204th Infantry Brigade. While investigating the abduction and torture cases, Marcella’s group learned of another torture case against the Barangay Captain of Tambong. Since the group thought the latter case was urgent, they then decided to conduct a fact-finding mission into this violation as well.

The mission decided to end their work on April 21, 2003 and left for Calapan City. At around 7 pm, the passenger van in which the mission members were riding was stopped and commandeered by armed men. The assailants specifically asked for Eden and forced her to reveal her identity. The van later stopped somewhere in Poblacion 3, Victoria town and the assailants took Eden, Eddie, Virgilio Catoy Ⅱ, Marlvin Jocson, Francisco Saez, all members of the FFM, as well as Zosimo Cripon, an ordinary passenger who rode the van with members of the fact-finding mission, to a jeepney. They were hogtied and driven for another hour or so until the jeepney stopped. At this point, Eden and Eddie were ordered to step out of the jeepney. Eden and Eddie were found dead with bullet wounds the following day. The remaining passengers are still alive and reported the incident.

The witnesses, four survivors of abduction positively identified one of the perpetrators of the abduction as Master Sergeant Donald Caigas of the 204th Infantry Brigade in Mindoro.

The husband of Eden believes that Palparan is the mastermind behind the killings. “Before she was killed, Eden was preparing a case against Palparan because he was due for a promotion. The Commission on Appointments of the Senate was going to hear the case against Palparan, and Eden was in possession of evidence against Palaparan.”

Investigation and Prosecution

This case became high-profile. The President had to form a Task Force in the Department of Justice, thus starting an investigation. Donald Caigas ignored several summons sent to him to appear before the Department of Justice Task Force. In June 5, 2003, DOJ Undersecretary Jose Calida announced that Master Sergeant Donald Caigas was arrested on charges of Killings of Marcellana and Gumanoy.

Based on the testimonies of nine surviving witnesses to the abductions and killings, in May 2003, the Department of Justice( hereinafter, DOJ) Task Force conducted inquiry of the said incident.

At this time, the case brought by governmental agencies has been dismissed twice. The families and supporters of Eden and Eddie are waiting for a ruling in a third trial.

Comment from the Family Member

When asked what he would like to say to the Philippine government and authorities, Mr. Marcellana responded:

“To have the perpetrators punished, including Palparan; for President Arroyo to order a stop to all killings, and justice for victims.”55