Japan Group Releases Report on Killings in Philippines

Interrogation and Torture

During interrogation, Axel said he suffered psychological torture. He was told by his interrogators, “Are you ready to die? Do you love your family?” He would hear gunshots being shot every few hours and then told, “That was one of your comrades.” Axel also said that he had been threatened with electrocution and was blindfolded during interrogation. However, Axel said he did not believe and refused to be intimidated by the treats and would respond to his interrogators with comments such as “Why don’t you prepare my grave already?” Axel described the interrogation room as very hot and humid, and said that other detainees were physically beaten during their interrogation.

Axel recognized the voice of his chief interrogator as the same voice as the commander of the team that abducted them. He believes the voice belongs to Superintendent Rodel Sermonia, Provincial Intelligence Officer of the Police. Axel also identified a policeman and policewoman among his interrogators. Superintendent Sermonia has since been promoted to a higher position.

Status of the Case

In response to public attention to their disappearances, facilitated by organizations such as the Task Force Detainees of the Philippines　(hereinafter TFDP), the International Secretariat of SOS Torture, an international human rights organization recognized their disappearances as “forced disappearance” cases. When they were abducted, the state police agency denied the fact that the five men were taken into custody. However, on May 5, 2006, the five suddenly appeared at a district court on a charge of rebellion.

The detainees’ rebellion case is still pending in court. After a year of proceedings, the prosecutor has yet to present evidence against them. Upon the advice of their lawyers, the men have not applied for bail. Axel expressed distrust of the court’s ability to fairly administer justice.114

The circumstances of their re-appearance in the court suggested that they had been abducted by the state agency. Also, it shows the systematic pattern of abduction, that authorities abduct whoever they think to be related to the NPA, without any lawful procedure and torture them.

Ⅵ Extrajudicial Killings and Abductions Continue

１. Extrajudicial Killings Continue

President Arroyo ordered countermeasures against extrajudicial killings in January 2007. However, there is evidence that extrajudicial killings persist.

In their visit to the Philippines, the fact-finding team learned of and investigated four cases that seemed to be cases of extrajudicial killings.

Case (1)　 On April 12, 2007 at around 9:30 pm, unidentified armed men ambushed three activists in Barangay Cabandanan, Oton town, Iloilo province. The assailants shot and seriously wounded Jose Ely Garachico, the public information officer for the human rights group KARAPATAN. Garachico’s tw companions, Nilo Arado and Ma. Luisa Posa-Dominado, were abducted.115

Case (2) On April 16, 2007, Willy Jerus, a member of SAMASOR, a member organization of the Kilusang Magbubukid ng Pilipinas　(Peasant Movement of the Philippines)　was shot dead in Sorsogon City. Police have denied that there is a relationship between his victimization and his membership in political organizations. 116

Case (3) On April 18, 2007, Carmelo Palacio, a radio reporter of the radio station ran by the government was shot dead in Nueva Ecija province. He is the second journalist killed in 2007.117

Case (4) On April 19, 2007, Delfin Mallari Jr., a journalist of the Philippine Daily Inquirer, was shot and seriously injured. He was shot while he was driving to a radio station in Lucena City. According to the National Union of Journalists of the Philippines, 51 journalists have been killed in the Philippines since President Arroyo came into power in January 2001.118

The human rights group, KARAPATAN claimed that in 2007, from January 1 to July 31, there were 60 cases of extrajudicial killings, 17 enforced disappearances. 119

2. A witness in Alston’s Report Was Killed

Based on several media reports of the case, the fact-finding team confirmed that Siche Gandinao was shot dead in Misamis Oriental province on March 10, 2007. Gandinao was a witness who gave her testimony to UN special rapporteur Philip Alston. She was a member of Bayan Muna and the farmers’ group Misamis Oriental Farmers Association (MOFA) in Salay town. During Alston’s visit in Mindanao, she testified before him as a witness to the February killing of her father-in-law, who was the provincial Bayan Muna chairman.

She was killed about ten meters away from a military detachment. She was shot dead by a man on a motorcycle while she was walking with her husband and children.120

According to Bayan Muna, they have lost 129 members since the Arroyo administration came into power. The AFP denied their involvement in the incident immediately after the case was reported and said that “the killing was an execution by the NPA.”121 However, this immediate denial aroused suspicions as to how seriously the investigation was conducted.

This case has had a chilling effect upon potential witnesses.