Army condemns NPA’s continued ruthless killings and violation of CARHRIHL

Camp Peralta, Jamindan, Capiz – The Philippine Army here in Western Visayas condemned the continued ruthless killings of the New People’s Army (NPA) and its violation of the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL).

Last December 30, 2013, Demetrio Capilastique known as “Hugo” was shot to death in Brgy Linaywan, Badiangan, Iloilo by members of the SPARU unit of the NPA. Alias “Hugo” is a ranking leader of the NPA’s rival group Revolutionary Proletarian Army-Alex Boncayao Brigade (RPA-ABB) here in Panay Island.

Brigadier General Arnold Quiapo, 301st Brigade Commander said “This is an inhumane act of the NPA, against the law hence, cannot be justified. Any issue against Capilastique should be brought to the proper court and let him answer to our proper judicial system. While the CNN took responsibility for the killing, they should bring those culprits from within their ranks to the courts of law.”

A day following the killing, the CPP-NPA-NDFP (CNN) in an issued statement, took responsibility for the assassination of alias “Hugo”. Hugo was charged by the CPP-NPA of several crimes against the movement and the so called ‘NPA’s court system’, one of which is the crime of mutiny against the CPP-NPA in the Southern Front of Panay in 1994.

Meantime, it can be recalled that last January 25, 2013, a ranking leader of the RPA-ABB Joven Tababa was shot to death by the NPA in Tigbauan, Iloilo. The CNN also took responsibility and tried to justify the killing.

Tababa was with his 7-year old daughter when he was shot and succumbed to gunshots and eventually died on the spot; however his daughter managed to flee.

A day after the incident January 26, 2013 around 8 pm, a certain Gina Genilan Gestalao alias Neneng, 35 years old, wife of a former RPA-ABB member and a resident of Bulho, San Joaquin, Iloilo, was shot to death by the NPA hitting her right upper breast and left portion of her eye.

The NPA’s attack on non-combatants is clearly a violation of the CARHRIHL which the CPP/NPA/NDFP is a signatory.

UN questioned CPP/NPA/NDF’s “people’s courts”

In Page 14 of the Philip Alston report of the UN special rapporteur on extrajudicial, summary or arbitrary executions from 2004-2010, it stated that “the CPP/NPA/NDF’s system of “people’s courts” is either deeply flawed or simply a sham. The question whether the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) can be interpreted to affirm the CPP/NPA/NDF’s contention that it has a right to constitute courts and conduct trials is a matter of controversy.”

While no judicial process is involved in the NPA’s way of imposing punishment for both ordinary and counter revolutionary crimes, Alston stated that “failure to respect due process norms constitutes a violation of IHL for the CPP/NPA/NDF and may constitute a war crime for participating cadres.”

Major General Aurelio Baladad, Commander of the Army’s 3rd Infantry Division said “These unlawful killings and blatant violation of human rights and the International Humanitarian Law of the NPA must be stopped. The democratic government and the Filipino people want a justice system that is not served through killings.” 
To start the year right, Baladad called for peace towards the CNN and urged the NPA to instead lay down their arms, abandon the armed struggle and join the mainstream society in bringing peace and development especially in the countryside.

“Our Bayanihan efforts to bring peace and development in the countryside will continue as we start the year. We call on the public to be vigilant and let us work together in addressing the challenges of peace,” Baladad added.

Source Article

Soldiers Run Against Torture

CAMP GENERAL EMILIO AGUINALDO, Quezon City – To commemorate the 2012 United Nations’ “International Day in Support of Torture Victims”, the Armed Forces of the Philippines (AFP) in partnership with the Commission on Human Rights (CHR) and the United Against Torture Coalition (UATC) will participate in, and host the culminating program of the Advocacy Run, “Basta Run Against Torture”, tomorrow at the General Headquarters (GHQ) Grandstand.

Two hundred runners from the three Major Services (Army, Air Force, Navy), GHQ and Headquarters Support Command, and AFP Wide Support Service Units will join tomorrow’s advocacy run.

The CHR jointly spearheads the activity with the UATC. Among the prominent Civil Society Organizations (CSOs) and Non-Government Organizations (NGOs) in this partnership are the Task Forces Detainees; Philippine Alliance of Human Rights Advocates; Amnesty International-Philippines; and Balay Rehabilitation Center. The AFP through the AFP Human Rights Office (HRO) has been engaging said organizations in its public affairs efforts on matters related to Human Rights – International Humanitarian Law – Rule of Law (HR-IHL-ROL).

The International Day in Support of Torture Victims is an annual activity reaffirming a common resolve among stakeholders in combating torture, taking a collective practical step towards ending this crime (with reference to RA 9745 or the Anti-Torture Act of 2009), and raising the awareness and commitment in resolving this form of ill-treatment.

The AFP, along with the different human rights groups and organizations will assemble 6:00 AM tomorrow at the Department of Interior and Local Government (DILG) Building. From there, they will sprint along the south bound lane of EDSA Avenue until they reach the end point at the GHQ, AFP Grandstand where a simple program will follow. The Chairman of the CHR, Loretta Ann P. Rosales will be tomorrow’s guest of honor and speaker as she will deliver her inspirational/solidarity message.

Last year, the CHR and UATC lauded the AFP for actively participating in the 2011 advocacy run, and for clearly manifesting the military’s keen desire and efforts to put an end to acts of torture in partnership with them. UATC also praised the AFP as it played an active role in the former’s efforts to manifest the armed forces’ undertakings to curb and/or eradicate torture in line with the Strategic Approaches and Imperatives of the Internal Peace and Security Plan (IPSP) Bayanihan.

This year’s activity is more pronounced with the recent signing by the Philippines of the Optional Protocol on the Convention Against Torture (OPCAT) on April 2012. The OPCAT is a set of rules to which the signatories agree to reaffirm that torture and other cruel, inhuman or degrading treatment or punishment are prohibited and constitute serious violations of human rights.

In the spirit of tomorrow’s celebration, the AFP vows to continue its constant participation in various HR-IHL-ROL advocacies and activities along with the different government agencies, NGOs and CSOs. This is line with AFP’s campaign for the protection and promotion of Human Rights.

In line with this, the AFPHRO is also very active in teaching AFP personnel assigned in garrisons and in the field about local laws such as the R.A. 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity; R.A. 9745 or the Anti-Torture Act of 2009;  R.A. 7438 or the act defining the rights of arrested, detained or persons under custody as well as the duties of the arresting, detaining and investigating officers; and Rule 113 under the Revised Rules of Criminal Procedure.

Consistent with the whole-of-nation and multi-stakeholder principles of the IPSP Bayanihan, the AFPHRO has been closely coordinating with other government agencies, human rights advocacy groups and Local Government Units (LGUs) to spread the military's advocacy on Human Rights.

“We are one with all other government agencies and human rights advocacy groups and organizations in commemorating the International Day in Support of Torture Victims. It has been one of the AFP’s commitments to eagerly participate in these kinds of undertaking as it further promotes the protection and upholding of the Human Rights, International Humanitarian Law, and the Rule of law,” AFP Chief of Staff, Gen. Jessie D. Dellosa said.

“For our part, the AFP will continue to strengthen our Human Rights and IHL advocacies. 

We will also continue to strengthen our Human Rights Office which has been replicated in all levels of commands in order to address human rights issues and concerns as we intend to foster a culture of human rights within our ranks,” Dellosa added.

------------------------------------------------------------------------------------------

PAO | Armed Forces of the Philippines | June 25, 2012 | Article Link

Rights cases vs AFP fail to prosper

MANILA, Philippines – No soldier has been accused of human rights violations this year, according to the Armed Forces of the Philippines Human Rights Office (AFPHRO).

The AFPHRO said 84 cases of alleged human rights abuses against military personnel were filed in the Commission on Human Rights (CHR) since July 2010 when the Aquino administration took over.

But the office said all 84 complaints did not have a leg to stand on based on its internal investigation.

It said that a board of inquiry (BOI) was created from the headquarters down to the battalion level to look into the cases brought before the CHR.

“The findings of the BOI revealed that all of the human rights violation cases tagging military personnel were only accusations and did not produce sufficient evidence against soldiers,” AFPHRO chief Colonel Domingo Tutaan said.

The AFPHRO said that its clean human rights slate from January to April showed that its advocacy to educate and train soldiers to uphold human rights and international humanitarian law on warfare was working.

Tutaan said the AFPHRO was very active in teaching soldiers in garrisons and in the field about human rights, international humanitarian law and pertinent laws such as the Anti-Torture Act of 2009 (Republic Act No. 7438) and the rights of arrested or detained persons as well as the duties of arresting, detaining and investigating officers. 

--------------------------------------------------------------------------------------------------

Dona Pazzibugan | Philippine Daily Inquirer | May 14, 2012 | Article Link

Slain Filipino-Swiss trader in North Cotabato laid to rest

COTABATO CITY, March 10 (PNA) - Relatives of a Filipino-Swiss businessman who was killed by communist guerillas in Kidapawan City on Wednesday have called for authorities to arrest and charged the perpetrators.


Patrick Winiger, the 47-year-old peace advocate based in Makilala, North Cotabato, was shot at close range by two New Peoples Army hitmen at the Kidapawan public market at 7:45 a.m. while doing marketing chores.


Although armed, Winiger, who has been actively supporting government campaign against atrocities committed by communist rebels, failed to fire back as two men were seen pumping bullets on him from behind.


One of the attackers even took Winiger's gun and used it to finish him off.


The NPA claimed responsibility for the attack and said they carried out the murder because of Winiger's alleged participation in the killing of Italian missionary priest Fr. Fausto Tentorio in Arakan, North Cotabato last October.


Winiger, who was abducted by kidnap-for-ransom gangs in 1970s, managed a banana plantation in Makilala, North Cotabato, which employed former NPAs who returned to the folds of the law.


The military and local government officials have separately condemned the atrocities perpetrated by NPAs in Makilala, including the used of landmine against government forces and civilians.


The slain businessman was very active in peace advocacy and help educate civilians that the government is for them and that fighting the mighty government is a useless cause.


He also got the ire of rebels for his repeated calls for communist combatants to live normal lives instead of living in hardship in the slope of the country's highest peak - Mt. Apo.
------------------------------------------------------------------------
Edwin O. Fernandez | Philippine News Agency | March 10,2012 | Article Link

Army to file HR violations vs rebels in N. Cotabato

KIDAPAWAN CITY — The Philippine Army in North Cotabato will file charges of human rights violation against the communist New People's Army rebels in connection with the burning of heavy equipment of a construction firm in North Cotabato on Friday.

Lt. Manuel Gatus, chief of the civil military operations of the 57th IB, said they would file the charges with the government-National Democratic Front peace panel.

“The arson the NPA did against the contractor was clear human rights violation. They’re already into extortion, which is also a criminal offense,” said Gatus.

Extortion was likely the motive in the arson, according to City Mayor Rodolfo Gantuangco.

The owner of the torched vehicles, Ricardo dela Cruz Interior Construction Company, has refused to give in to the demands of the group, said the mayor.

Also, some of the construction workers who witnessed the torching at Barangay San Roque here said the armed men told them they wanted to punish the contractor.

On Friday, six motorcycle-riding armed men arrived at the quarry site at Barangay San Roque while the vehicles were loading sand and gravel.

They ordered the drivers and workers to move out while they poured on the gasoline on each of the heavy equipment.

The suspects were reported to have identified themselves as members of the NPA operating in North Cotabato province.

Minutes later, they exited towards La Esperanza in President Roxas, also a town in North Cotabato.

Inspector Rolando Dillera, deputy police director, estimated the damage at P7 million.

The torched vehicles included three dump trucks, a pay loader, and a backhoe.

----------------------------------------------------

PNA, RMA/hbc/NYP/Malu C Manar/utb

ZamboTimes.Com

Link

AFP: Military not remiss in acting on rights abuses

MANILA, Philippines—The Armed Forces of the Philippines (AFP) through its Human Rights Office (HRO) met with a representative from New York-based Human Rights Watch (HRW) Friday to respond to the latter’s allegations of military involvement in human rights abuses.

In a statement, Col. Domingo J. Tutaan, AFP HRO chief, said he told journalist Carlos H. Conde, also the HRW’s researcher for its Asia division, that his agency had not been remiss in acting on complaints against military personnel accused of human rights violations.

“For the year 2011, my office has received and documented a total of 59 official complaints that we promptly addressed and reported to the higher authorities,” Tutaan said.

In July 2011, the independent HRW released a report citing seven human rights violation cases allegedly involving AFP members based on interviews conducted in 11 provinces.

Tutaan said his office had talked to HRW’s Jessica Evans and Elaine Pearson to ask for more information so that it might be able to conduct a deeper investigation. “However, no data was given,” the official said.

Due process

“But even so, the AFP is not taking this hands down,” he said.

“As a result of investigations initiated by the AFP, two of the military personnel involved in a killing incident in Negros Occidental in June 2010 have been placed behind bars in the Himamalayan city jail,” he said.

“We are with the HRW and other independent organizations in putting a just resolution to these cases but we must bring them to the courts to undergo due process,” he said.

Tutaan cited Rule 110 of the Rules of Criminal Procedure which states that prosecution could only start when a formal complaint or a sworn statement by the complainant had been filed before the appropriate authorities.

“No formal complaints were filed in the cases cited by the HRW in its report therefore prosecution did not commence,” he said.

Military justice system

“We go by our military justice system but the AFP is not a prosecutory body. We can only go as far as undertaking disciplinary actions such as dismissal from the military service and privileges but once an involved soldier goes outside military bounds, the final say will come from the higher civilian court,” Tutaan said.

The official urged the HRW to work hand in hand with the AFP to stop human rights abuses.

“I am with the HRW to prosecute whoever it is from our organization that violates human rights. The AFP is right there at the helm to cooperate with the proper authorities to bring justice, above all,” he said.

Protectors of the people

In the statement, AFP Chief of Staff Lt. Gen. Jessie Dellosa said: “It is embodied in our IPSP (Internal Peace and Security Plan) Bayanihan that as protectors of the people, we must always promote the protection of human rights and adherence to international humanitarian law.”

“This is why we are continuously strengthening our Human Rights Office which has been replicated down to the battalion level to address human rights issues and concerns,” Dellosa said.

-----------------------------------

By DJ Yap
Philippine Daily Inquirer

3:17 am | Sunday, February 5th, 2012

Link

AFP challenges Human Rights Watch to prove claims

MANILA, Philippines - The military yesterday challenged the New York-based Human Rights Watch to prove that soldiers were involved in unexplained killings.

Armed Forces spokesman Col. Arnulfo Burgos Jr. said the group, which had criticized the Aquino administration for its alleged failure to address abuses, should present evidence to the military so they could act on the complaints.

“Human Rights Watch should coordinate directly with us. Give us evidence to support their claim that we committed human rights violations,” Burgos said.

Burgos claimed that the military has posted gains in promoting respect for human rights and adherence to International Humanitarian Law (IHL).

He said the strengthening of the Armed Forces Human Rights Office and its replication to field units has enabled them to ensure compliance with existing polices.

“In fact, the AFP (Armed Forces of the Philippines) had already achieved milestones in human rights advocacy efforts with the publication of the soldiers’ handbook on human rights and IHL,” Burgos said.

He said the AFP even released a guidebook on ways to conduct intelligence operations without violating human rights.

On Monday, Human Rights Watch criticized the Aquino administration for supposedly failing to prosecute members of security forces tagged in unexplained killings.

In its annual report, the group said hundreds of leftist politicians, activists, journalists and outspoken clergy have been killed or abducted since 2001. Of these, only seven cases of extralegal killings have been successfully prosecuted.

“Politically motivated killings have continued despite President Aquino’s pledges to address the problem,” the report read.

“The government still has not brought charges against the implicated officers; faced with this inaction, the families themselves have filed cases against the officers.”

Human Rights Watch urged the government to deactivate “abusive” paramilitary forces and to step up measures to hold those behind the killings and other abuses to account.

“The administration of President Aquino has not fulfilled its promises of reform and made little progress in ending impunity for abuses by state security forces,” the group said.

The report noted that no one has been convicted under the Anti Torture Act enacted in 2009.

The military, however, said it is strictly adhering to existing humanitarian laws as demanded by its security plan Bayanihan.

“The AFP remains firm in upholding the rule of law and the AFP shall continue to promote and respect human rights in all its undertakings,” Burgos said.

“With the people-centered and whole-of-nation approach at the center of our security operations, the AFP ensures that the principles, concepts, provisions and spirit of human rights, IHL, and rule of law are internalized by all military personnel.”

Activists have accused the AFP of resorting to killings and abductions to silence the critics of the government.

Militant groups said the killings and other abuses are part of the military’s counter-insurgency efforts.

The military has denied this, dismissing such accusations as propaganda of left-leaning groups.
----------------------------------------------
By Alexis Romero
The Philippine Star  
January 25, 2012 12:00 AM
Link

Communist rebels kill another civilian

SUSPECTED members of the New Peoples’ Army (NPA) allegedly shot to death another civilian in Moises Padilla town.

Lieutenant Colonel Ramil M. Bitong, 11th Infantry Battalion commander, identified the victim as Benjamin Sibonet of Barangay Sandayao, Guihulngan, Negros Oriental, who was killed around 2 p.m. last Friday.

Bitong said this, once again, is another human rights violation against unarmed civilian by the NPAs.

He said four alleged NPA members were responsible for the killing of the victim whom they had mistaken as a military informant.

The victim was shot with a caliber .45 pistol several times on the head, resulting to his instantaneous death. The rebels then fled towards Sitio Bungao, Barangay Trinidad.

“This murderous rampage of NPA is a desperate move to remain relevant and impress influence,” Bitong said.

----------------------------------------------------------

Published in the Sun.Star Bacolod newspaper on January 17, 2012.

Link

Soldier linked to slay of rebel leader’s daughter killed

TAGUM CITY, Philippines—A soldier implicated in the 2009 abduction, torture and murder of Rebelyn Pitao, daughter of rebel leader Leoncio Pitao, was shot dead by suspected communist rebels in a village on the outskirts of Davao City early Thursday, the military said.

Cpl. Winnie Carampatana died from multiple gunshot wounds after being attacked by three New People’s Army guerrillas before his two children and a nephew in Poblacion Malabog, Paquibato district, Davao City around 6:30 a.m., according to Maj. Jacob Obligado, civil military operations chief of the Army’s 10th Infantry Division.

“He was off-duty when shot by three NPA rebels…. Two acted as the gunmen while the third drove the motorcycle the assailants used in the attack,” said Obligado.

Carampatana was identified as one of the 13 soldiers allegedly responsible for the death of 20-year-old Rebelyn, whose body was found in an irrigation canal in Carmen town in Davao del Norte on March 5, 2009.

Carampana denied involvement in the killing in a public inquiry called by the Commission on Human Rights in Davao City a month after Rebelyn’s killing. Asked by then CHR chair and now Justice Secretary Leila de Lima about his knowledge of the young teacher’s death, Carampatana said he was restricted to camp the day the body of Parago’s daughter was found.

Carampatana was the second suspect in the Rebelyn case to be killed by suspected NPA rebels. In October 2009, or seven months after her murder, Cpl. Orly Pedregosa was also gunned down by suspected communist rebels in Paquibato district.

“The killing showed the NPA’s wanton violation of human rights…. It’s very clear that the NPA are no less than criminals. They are bandits of peace,” said Lt. Col. Lyndon Paniza, spokesperson of the army’s 10th Infantry Division.

----------------------------

By Frinston L. Lim
Inquirer Mindanao

Source

Soldier shot dead while bringing kids to school in Davao City

Communist New People's Army (NPA) rebels on Thursday shot dead an Army soldier in front of his two young children and niece in Davao City in southern Philippines, a military spokesman said.

Cpl. Wenie Carampatana, an off-duty personnel assigned with the Army’s 10th Infantry Division, was bringing his five-year-old daughter and niece to school when shot by the rebels, said Col. Leopoldo Galon, spokesman of the Armed Forces’ Eastern Mindanao Command.

Carampatana was shot in Barangay Malabog in Paquibato district around 6:30 a.m. while driving the motorcycle that was carrying the three children, the youngest being his three-year-old son who tagged along with them, according to Galon.

The three children were injured when the motorcycle crashed. Carampatana suffered gunshot wounds in the nape, back and arms, and was dead on the spot.

Based on initial investigation, three NPA rebels participated in the ambush.

“Per initial investigation, two acted as gunmen while one, manning a motorcycle, acted as lookout," said Galon. “Appropriate charges will be filed against these criminals."

Galon condemned the attack, saying it was a “wanton disregard" for human rights and the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law, which the communists signed with the government in the 90s. - KBK, GMA News

----------------------

Source