Japan Group Releases Report on Killings in Philippines

After her death, Grecil’s parents filed a murder complaint at the CHR against elements of 67th Infantry Brigade led by 2nd Lt. Francis John Gabawa. Grecil’s parents had also filed criminal and administrative cases before the Regional Trial Court and the Office of the Ombudsman in the National Defense Force. The parents claimed that soldiers summarily executed Grecil and later labeled her a combatant of the NPA to justify her death.

At the time of the interview, the parents feared prosecution for rebellion. Also, they were afraid of being killed. They asked HRN repeatedly, “Please help us, we are in danger”.

Investigation and Prosecution

On May 21, 2007, CHR in Southern Mindanao issued its decision signed by CHR regional director Alberto B. Sipaco Jr. While the commission denied the military’s allegation that Grecil was a child combatant of the NPA, it said that Grecil was killed in the crossfire between soldiers and members of the communist New People’s Army, that the encounter was legitimate, and that there was no evidence that the soldiers had violated the rights of Grecil.97 “The complainant failed to provide substantial evidence … the respondents were able to deny the allegations through counter-affidavits and countervailing evidence,” Mr. Sipaco said in his decision. The CHR emphasized that there was no evidence to suggest that the troops acted irresponsibly and with disregard to existing protocols.98 Several rights groups criticized the decision by saying “it passed the burden of proof to the victim and her family.” Despite the parents’ request for an independent autopsy by forensic experts, CHR has not conducted any scientific review of the dead body or autopsy.

Finding

In this case, the army justified the killing by alleging that the girl had been armed with an M16 rifle and was that she was a child soldier. The HRN fact-finding team found evidence to the contrary. First, NPA child soldiers generally do not attend school, but they found that she was an elementary school student with a student ID. Second, it is unlikely that the girl could have physically handled a one-meter long rifle in the first place. Moreover, it is difficult to believe that her family supported the NPA, since his own father had been killed by the NPA. The military later changed the story and said that the NPA shot her. However, if it is true, why did AFP condemned her as an NPA child solider immediately after the killing?

The death of the girl is most likely caused by an AFP’s attack against an innocent girl. The government should investigate the killing.

7.　Enforced Disappearances and Abductions

Case 17 : Sherlyn Capadan and Karen Empeño 99

Background Information:

【Victims】Sherlyn Capadan (29-year-old female), a student of University of the Philippines in Diliman, Quezon City

Karen Empeño (22-year-old female), a student of University of the Philippines in Diliman, Quezon City.

　　　　　Manuel Merino (male), a farmer

【Incident】　On 26 June 2006, Ms. Sherlyn Cadapan and Ms. Karen Empeño were abducted from the house they were staying in　Barangay San Miguel, Hogonoy, Bulacan. Manuel Merino, who went out to help the two students, was also abducted. Since then, they have been missing.

Circumstances of the Abduction

On June 2006, Capadan and Empeño were staying in Hagonoy, Bulacan and conducting research on the peasants’ situation in the community for their thesis. At around 2 a.m. of June 26, 2006, Capadan and Empeño who were staying in a farmer’s house at Barangay San Miguel, Hagonoy, were forcibly taken by members of the 56th Infantry Battalion of the Philippine Army.

At the time of the abduction, a boy and his father were staying in the same house. The boy told the situation to HRN.

“Armed soldiers came to the house and demanded to open the door. My father was reluctant, but the soldier threatened us, ‘if you do not open, we will kill you’. When we opened the door, six soldiers got inside the house. Nine other soldiers were surrounding the house. We were all taken outside, forced to lie face down on the ground with the hands tied behind our backs. The two students and my father were blindfold and were asked their names. They told them their names. I was not blindfolded and I saw everything. The soldiers were hitting their stomachs and forcibly took them to a jeep. I saw the plate number of the jeep, it was RTF 597. The Soldiers told us not to talk about what happened to anybody.”

The soldiers also abducted Manuel Merino, a farmer who tried to help the girls. The boy saw the victims taken to a stainless steel jeep with plate number RTF 597.

The boy believed that the perpetrators were army personnel, belonging to the 56th Infantry Battalion. The boy said “They were wearing the same fatigue uniforms and carrying firearms. Nobody other than military wear uniforms like that. I saw the leader of the soldiers and recognized his face. I saw him after the incident, since the 56th Infantry Battalion conducts military operations in our area.”

The boy and his father started searching for the victims in the morning by asking neighbors. Some neighbors told them that they heard the voices of women shouting from the same jeep going to the same direction as the 56th Infantry Battalion camp.100

According to KARAPATAN, after the news of the abduction became public, KARAPATAN-Bulacan Chapter created an investigation team. This group went to the 56th Infantry Battalion headquarters and saw the stainless steel jeep with plate number RTF 597. The military camp, which used to be open to visitors, was closed and the group was not allowed inside.