April 6, 2009

IX: The Perpetrators: Inside the Davao Death Squad

Neither of [my friends in the death squad] has education, so there aren’t that many choices for them out there. They prefer this job to being involved in ordinary crime because this is the safest illegal activity that also pays well. They are not afraid because the person who would be the one to arrest them is usually their boss, and the rest is coordinated with the police.
—“Anthony” describing friends who are members of the DDS, Davao City, July 27, 2008.

In our research, we spoke with nine persons with insider knowledge of the structure and functioning of the so-called Davao Death Squad (DDS). Some of these “insiders” were relatives or friends of current or former DDS members, others had directly talked to members of the DDS or had dealings with them.[82] Some of the sources also provided information on other similar groups. Their accounts were detailed, internally consistent, and credible, and provide insight into the inner workings of the DDS. This chapter is based on those accounts.

The most detailed account provided to Human Rights Watch was from a young man, Ramon, who claimed that his closest friend has been an active member of the DDS since 2005. Ramon also asserted that he had, on one occasion, personally visited a DDS training compound and on another occasion socialized with a large group of death squad members.[83] Human Rights Watch also interviewed two barangay officials who had detailed knowledge on the functioning of the DDS in their part of Davao City, and explained the role of the police and barangay officials in the killings.

Membership, Structure, and Equipment

Corroborated accounts by several persons interviewed by Human Rights Watch suggest that in recent years the DDS has developed into a well-structured force.

Most members of the DDS fall into two main groups. According to several insiders, the older members, some of whom were recruited back in the early 2000s, were primarily former members of the so-called “sparrow units” of the NPA who surrendered to the government, as well as some former military and police personnel.

One insider said that a high-ranking DDS member in his area had been a member of a “sparrow unit” who surrendered directly to Davao City Mayor Duterte. He then ran a private business while at the same time working for the DDS. In October 2007, this man won an election into a barangay council and became the head of the Peace and Order Committee in the barangay.[84]

 “Cecilia” talked to Human Rights Watch about a neighbor of hers—an alleged long-time death squad member. She said:

He was also an employee at the City Hall, and a member of “Guardian.” It’s a fraternal organization for former and current military and police officers, plus some civilians. He told me he had been a driver for the DDS for eight years. Sometimes he was tasked to kill, and he killed a few people.[85]

“Angela” said that an uncle of hers was a retired member of the CAFGU militia. In 2003, he was arrested on murder charges and sentenced to 12 years in prison. However, after serving fewer than five years, he was released on probation and joined the DDS two months later. Angela said, “My uncle told us he was hired as a tirrador (hitman).”[86]

Other recruits are young men and boys, many of whom have no job and no place to live. They often have a criminal record, and were themselves at one time “on the list.” Thus, for them the choice was between being a potential victim of the DDS, or joining the ranks. Ramon told Human Rights Watch that some members of the DDS are as young as 17-years-old, although they are used as look-outs rather than hitmen. A local community leader in Digos City told Human Rights Watch how a high-school student, the son of an alleged death squad member, “delivered” a classmate to the squad for the latter’s torture and execution, suggesting that at least in some cases children play a more active role.[87]

Another insider, “Anthony,” said that four DDS members he knew, between 25- and 35-years-old, were all jobless and were involved “in a bit of drug pushing” before joining the DDS.[88]

The DDS, which according to Ramon currently has more than 500 members, is run by handlers. Such a handler is called the amo (boss).[89]

The amo is usually a policeman or ex-policeman, and in some cases, a barangay official. Ramon mentioned that his friend’s amo was a former policeman. He said this man lived in the Catitipan area of Davao City, which has housing for police officers near a police camp. Two other insiders, “Fernando” and “Anthony,” who knew two and four death squad members respectively, also said that all of their friends’ handlers were acting police officers.[90]

A local journalist, who has been investigating extrajudicial killings in Davao City for almost ten years, believed that all handlers report to the police precinct commander in their area who distributes money for “operations” and reports, in turn, to an official in the city government—“the big boss.”[91] Anthony also said that he was aware of a three-tier system—high-ranking police officials, regular police officers (handlers), and the “personnel” (hitmen, drivers, and look-outs).[92]

Two local barangay officials interviewed by Human Rights Watch said that in their area, the two handlers were the chief of barangay police (“chief of operations”) and a barangay council member, currently the head of barangay Peace and Order Committee.[93]

In one illustrative case, a few months before 21-year-old Noel Minoza was shot dead, the local barangay captain told his mother that he should stop taking drugs, because the “Davao Death Squad was on the watch.” The barangay captain told the mother, “If Noel does not stop, I will give you a coffin.”[94]

Insider accounts suggest that, depending on the area, each amo handles ten to twelve members, sometimes divided into cells of two, three, or four men. For example, Ramon said that his friend was part of a cell of four people, and his amo handled three such cells, which often met together as a group. Fernando also said that each of the cells his friends belongs to had three people—a hitman, a look-out, and a driver. They switch roles from operation to operation.[95]

According to Ramon, the handlers provide members of the group with weapons—handguns and knives—as well as motorcycles for transportation. They also sometimes provide housing and food—especially when new recruits are youth who ran away from home or when members need a temporary hideout.

All insiders interviewed by Human Rights Watch said that the firearms issued to DDS members were mostly .45-caliber handguns.[96] On occasion, DDS members use .38-caliber or 9-mm handguns, typically because they owned the guns prior to joining the DDS.[97] In the cases reported to Human Rights Watch, the perpetrators typically used .45-caliber or .38-caliber handguns.

Ramon explained that the use of .45-caliber guns makes it easy to distinguish the killings committed by the DDS from the ones perpetrated in the course of gang wars. He said that the vast majority of gang members cannot afford .45-caliber guns, which cost about 30,000 pesos (about US$625) each. At best, gang members can afford .38-caliber guns, but would use homemade pistols called sumpak. Ramon added, “My friend’s amo once said that the guns they received were purchased by the city government for the police and then distributed among the [handlers]”—an assertion Human Rights Watch could not verify.[98]

Confirming eyewitness accounts to killings and the statistics gathered by CASE, Ramon said that, in recent years, the DDS started using knives more often. He said that his friend showed him two knives that he received after joining the DDS—one was a so-called Rambo knife (a mid-size, double-bladed saw-tooth knife), and the other was a long knife approximately 40 cm (about 16 inches) in length. He said the DDS started using knives more extensively because they are cheaper and attract less attention. Moreover, stab wounds make it easier for the police to claim that the victim has been killed by gang members or ordinary criminals.[99]

The motorcycles provided to death squad members often do not have license plates, which is a traffic law violation in Davao City.[100] According to Ramon, the police do not stop drivers of such motorcycles because they have “connections with the police.” Fernando said that DDS members sometimes use red “governmental” license plates, which allow unimpeded movement through checkpoints and road police posts, and then the members “simply take them off before the hit.”[101]

According to Ramon, while the group does not have any uniform, they usually wear jackets (even during hot weather) or buttoned shirts, to hide firearms or knives underneath, as well as baseball caps. Ramon said that masks are rare, and usually worn when a hitman operates alone, driving a motorcycle himself.

“Maria,” who said an uncle of hers was a DDS member, told Human Rights Watch:

My uncle owned two guns, one of which appeared to be a .45-caliber gun. He carried them hidden inside his jacket or inside a compartment underneath his XRM motorcycle seat. When he went outside at night, he would wear a black baseball cap, a black or khaki camouflage jacket, and often sunglasses. He would go out two or three times per week, and when he came back home, he would have cash.[102]

Recruitment and Training

Individuals whose friends or relatives were allegedly members of the DDS told Human Rights Watch that people they knew had joined the group to earn easy money, but they did not seem to feel any remorse about the victims, claiming that those killed were the “scum of society anyway.”

Apparently, some also believed that the execution of criminals is the only solution when the legal system is unable to prosecute them. Ramon told Human Rights Watch:

My friend [the DDS member] used to say that while the police sometimes arrest drug dealers or rugby sniffers, eventually they release them, and they go back to their usual business and way of life. They are repeat offenders—so this is simply the “final solution” for them.

Older recruits who come to the DDS with what is considered relevant experience apparently do not receive any additional training. But young recruits, according to Ramon, go through an initiation ritual and training upon joining the DDS, just like school fraternities and military academies. He described the initiation ritual to Human Rights Watch:

Members who’ve been with the group for a while beat you up and ask you, “Why do you want to join the group? What are you going to do with the money that you get?” You are supposed to say, “I want to help my family and I want to help Davao City get rid of criminals.”

The training for new recruits, according to Ramon, takes place in a “DDS compound.” Ramon said he visited the compound once, in January 2008, along with a friend of his and several other DDS members. They drove there on two motorcycles, one of which did not have a license plate.

At the compound, they joined another group of DDS members who arrived there on two motorcycles and two cars. The group’s amo was also there—Ramon described him as a short man with “big tummy” who arrived at the compound in his Toyota pickup truck.

The compound is located in a secluded location in the Calinan area, south of Davao City. Ramon described a big house, which he said he did not enter, and a small hut where they were having a drinking session. The compound was surrounded by a concrete fence with a steel gate. Ramon said he did not notice any sign on the gate.

At the compound, Ramon saw a makeshift shooting range with some wooden installations, soda cans, and coconuts that were being used as targets for shooting practice. Ramon told Human Rights Watch what he knew about the training process:

[The] amo and older recruits conducted the training. The amo explained the goals of the group—to get rid of the criminals in the city—but the training mostly focused on how to stab and how to shoot.
For the stabbing instruction, the amo had a poster with a picture of the human body projected on the wall. He showed the vital points on the human body, which have to be targeted to cause fatal wounds.... The amo also showed how to hold the knife and how to strike to ensure most impact. There was also a stuffed dummy there to practice on.[103]

Ramon’s account was accompanied by expressive gestures that imitated the process of instruction. He showed the “right” and “wrong” ways to hold the knife, and pointed to different parts of the body where the strikes had to be directed.

Identifying the Targets

In many of the cases reported to Human Rights Watch, victims’ families had learned one way or another that their relatives had been on a “list,” or an “order of battle” or OB, before they were murdered.

Accounts of persons familiar with current operations of the DDS confirm that police and barangay officials still take the initiative to compile the “lists.”

One DDS insider told Human Rights Watch that he currently works as an informant for the barangay police chief who is also a DDS member. He said his job was to inform the police chief about “suspicious individuals” in the barangay, some of whom would be then added to the “order of battle.”[104]

Another insider, a local official, said that he used to receive the “order of battle” from the Philippine Drug Enforcement Agency (PDEA). His job was to convince the people on the list to surrender, and those who did not later fell victim to killings. Before the 2007 general election in the Philippines, barangay officials requested that he compile and submit a list of drug users and other individuals involved in criminal activities.[105]

Accounts of other insiders confirmed the existence of these lists, which are ultimately used to determine the targets for the DDS. A well-respected man in his barangay told Human Rights Watch:

Once, my motorcycle got stolen. A barangay intelligence official quickly contacted me, saying they have found the guy who stole it. He said that the man has been on the DDS list already and barangay officials suggested that now they should “get him.” The intelligence official, however, advised them against it, knowing that I wouldn’t approve of the killing. He said they would arrest the guy, but eventually he managed to flee. [106]

Several other insiders also believe that, in recent years, death squad handlers have started to demonstrate more initiative in determining targets, rather than just going through the lists compiled by the police or barangay officials. Knowing the general categories of persons sought, (drug dealers, thieves, repeat offenders, gang members, and the like), the handlers now more actively identify specific individuals as targets.

Ramon said that handlers use an “errand runner” in each group to collect information from the police and barangay officials on individuals involved in criminal activities.

The amo then calls for a meeting where he assigns the targets to different cells. Such meetings usually take place in unofficial “safe houses.” Human Rights Watch obtained a description of one such safe house in Davao City. According to “Grace,” in October 2007, her father visited a DDS safe house to deliver certain items for the DDS members. Some of her family members had fallen victim to DDS killings, and her father had genuine interest in finding out as much as possible about the DDS. Grace said:

He saw lists with photos posted on the wall, some with “X” marks, others with future dates marked. He also stumbled on a list that contained names of victims, killers, and the amount of money paid for each killing. He wrote down the information about [his relatives]—it said, for one of them, 30,000 pesos (about US$625) were paid. For the other—10,000 pesos (about US$208). Outside the hideout, there were quite a few motorcycles of different kinds, including XRM and DT-types, mostly without license plates.[107]

According to Ramon, each cell usually gets three names every “quincina” (15 days). That does not mean, however, that all three would be killed in this period of time. First, Ramon explained, “you have to work like a policeman—gather intelligence, ask around, conduct surveillance, and maybe even pay an informant in the community if you don’t know the target.”

Other insiders indicated that the targets are assigned through a “bidding” process. During the meeting, an amo announces the names of the targets and corresponding prices for each, and the cells “bid” to determine who gets to carry out which operation. Usually, the cell that already knows the target, or at least has access to the community, gets “the job.”[108] Fernando described the “bidding” process to Human Rights Watch:

The handler calls a meeting for the group—usually, one representative from each cell. The handler announces the names and the bidding price, and then a cell offers its services. If several cells want the job, they would discuss which cell can do it better—for example, based on their knowledge of the area or familiarity with the target.[109]

Anthony provided a similar account:

When choosing a hitman for a particular operation, the handler does that based on the classification of the target, determining what kind of skills the operation would require. If the subject is a low-level criminal, they don’t really care, they can do it openly, and the hitman can be less experienced. But if the target is high-profile, maybe has bodyguards—it becomes more complicated and covert, and requires more people and better skill.[110]

Fernando said that when the target has a long record of criminal activity, the cell is instructed to carry out the killing immediately. However, if it is a first-time offender, they communicate a warning to the target or the family first.

Operations

According to Ramon, upon assigning an operation to one of the cells, the amo gives them the name of the target, sometimes the address or other available intelligence, and even a photo. He said that during his visit to the DDS compound he saw one of these photos—which happened to be, to his horror, of one of his friends who had been killed some time before.[111] Ramon said that the photo was a standard police mugshot with his friend’s name and the crime for which he was accused.

Anthony also confirmed that his friends’ amo “gives them names, some intelligence, and partial payment.”[112]

An “operation” or a “hit” is usually carried out by three people. According to Ramon, one person drives the motorcycle and acts as a look-out, while the other two carry out the killing. Anthony said:

It depends on the classification of the target. If it’s a “big fish,” there will be more support—a look-out, or sometimes, several of them. If it’s a “small fish”it can be two people, a driver and a hitman, or even one person who would drive a motorcycle and carry out the hit.

Angela, whose uncle was allegedly a DDS member, described to Human Rights Watch how her uncle usually left for “operations”:

Every time they had an operation, they would pick him up from our house or my aunt’s store at the market. That was usually twice a month. My father and uncle used to drink together and then some men would arrive on a big motorcycle. They were armed with .45-caliber pistols. My father used to ask, “Where are you going?” And in response my uncle would make a throat-cutting gesture with his hand.[113]

According to Ramon, once the group arrives at their destination on their motorcycle, they try to make themselves visible to police mobile units patrolling the area. This serves as a signal that the operation is about to begin and the police should leave the area, which they do.

Ramon said that cells tend to rotate from one area to another, trying to avoid carrying out two consecutive hits in the same place. Most operations take place in Davao City, although, according to Ramon, they also reach other locations, including Digos City, General Santos City, and Tagum City, and locations in Davao Oriental province. Ramon mentioned that these cities now have their own death squads, so the DDS members only go there in pursuit of a target who has left Davao City for one of those places, especially if the target is a “big fish.”

The insiders believe that most of the killings in General Santos City and Digos City are carried out by local groups using the Davao Death Squad as a model. One of the insiders in Digos City noted that the DDS used to come to Digos City to carry out killings, but then a local death squad was formed with training provided by gunmen from the DDS.[114]

Financing

According to various insiders, the payment for each “successful” operation ranges from 5,000 to 50,000 pesos (about US$104 to US$1,041), and may go as high as 100,000 pesos (about US$2,082). The money is divided between the members of the cell who carry out the operation. One of the journalists interviewed by Human Rights Watch said that, according to his sources, the price for the “operation” depends on the target, with larger rewards promised for more serious criminals, known gangsters, and leaders of drug distribution networks.[115]

For working class Filipinos, the payment offered to DDS members is a huge amount of money, which, according to several insiders, is one of the main reasons why people join the DDS.

Ramon, for example, believes that it was the money that made his friend join the DDS. He said that the friend, a car washer, used to make 70-200 pesos (about $1.5 to $4) a day, while his work with the DDS paid him almost ten times that. Ramon, who also worked as a car washer, admitted that when the DDS tried to recruit him, he found the offer very tempting, but decided to “continue earning an honest living.”

Angela said that her uncle also joined the DDS to make money. She explained:

They made, I think, 50,000 pesos (about US$1,042) per operation, split between those involved. I know because my uncle once asked my brother to drive the motorcycle, so that they could split the money just between the two of them, without having to share with someone else. But my brother refused. My uncle knew he was doing the wrong thing, but he said he had no other job.[116]

Killings of Death Squad Members

Death squad members themselves fall victim to targeted killings. Several persons familiar with DDS operations said that the members are sometimes killed by their own men, “when they make a mistake and target a wrong person, fail to carry out an operation, or when they get to know too much.”[117]

A local journalist told Human Rights Watch that he interviewed many relatives of the early recruits to the DDS—former NPA rebels who surrendered to the government—who had been killed because they “have been with the group for a while and knew too much.”[118] He added that some DDS members move to another area or leave Davao City altogether after six or so hits to avoid being killed.[119]

Ramon also said that the fear of being eventually executed was one of the reasons he decided to refuse the DDS recruitment offer. He explained:

I heard that after you work there for some time, you also get executed. That is because you know too much, and the amo doesn’t want to be implicated later on, in case you get caught or decide to quit. There are lots of stories about hitmen being executed.

Human Rights Watch documented at least two cases of death squad killings where the victims, according to their families, were members of the DDS. One such case was that of Rolando Jimenes, 50, a retired member of CAFGU who lived in Davao City. According to a family member, shortly after his release from prison on a murder conviction in July 2007, Jimenes joined the DDS and took part in killings. He did not try to hide his affiliation with the DDS from his family. On June 15, 2008, he was shot dead by another DDS member, who apparently knew him.[120]

 

[82] “Ramon” claimed his closest friend has been a death squad member since 2005. “Cecilia” talked of a neighbor, an alleged long-time death squad member. “Angela” said one of her uncles was a death squad member. “Anthony” said he had four friends who were death squad members. “Maria” claimed she had an uncle who was a death squad member. “Fernando” said he knew two death squad members. “Grace” said her father once visited a DDS safe house. One barangay police chief and another barangay official mentioned in this chapter had direct dealings with death squad members.

[83] Human Rights Watch interview with Ramon, Davao City, July 24, 2008. Other persons familiar with Ramon believed that he himself was a member of the DDS. Ramon told Human Rights Watch that the DDS had tried to recruit him, but claimed that he had refused the offer. His detailed description of the structure and functioning of the DDS suggest, however, that he may have had more direct knowledge of the group.

[84]Human Rights Watch interview, Davao City, July 27, 2008. Under Executive Order No. 366, peace and order councils are organized on the national, regional, provincial, city, and municipal levels of the Philippine government. The National Peace and Order Council is composed of top officials of various state agencies, including the Interior Department, Local Government Department, National Defense, Justice, the National Police Commission, and Dangerous Drugs Board, among others. The regional, provincial, and municipal peace and order councils are composed of officials from the corresponding level in each agency or institution. The City/Municipal and Barangay Government appropriate the necessary funds for the operation of the Barangay Peace and Order Committee from any available local funds. Peace and Order Committees are defined as “implementing arms” of the Peace and Order Councils. Among their tasks are gathering information on “criminal elements,” identifying “barangay constituents with strong deviant behavior for referral to appropriate authorities,” and monitoring, coordinating and supervising the operation of “all community-based anti-crime movements within the barangay.”

[85]Human Rights Watch interview with “Cecilia,” a pseudonym, Davao City, July 22, 2008.

[86] Human Rights Watch interview with “Angela,” a pseudonym, Davao City, July 19, 2008.

[87]Human Rights Watch interview with relatives of Marco Angelo, Digos City, July 25, 2008. For a detailed description of the case, see the case of Marco Angelo in chapter VII.

[88]Human Rights Watch interview with “Anthony,” a pseudonym, Davao City, July 27, 2008.

[89] The number may seem high, but the members supposedly include not only hitmen, but also drivers, lookouts, and errand-runners. Human Rights Watch cannot verify the number.

[90] Human Rights Watch interview with “Fernando,” a pseudonym, Davao City, July 23, 2008. Human Rights Watch interview with Anthony, Davao City, July 27, 2008.

[91]Human Rights Watch interview, Davao City, July 28, 2008.

[92]Human Rights Watch interview with Anthony, Davao City, July 27, 2008.

[93]Human Rights Watch interview, Davao City, July 27, 2008.

[94] Human Rights Watch interview with a relative of Noel Minoza, Davao City, July 21, 2008.

[95] Human Rights Watch interview with Fernando, Davao City, July 23, 2008.

[96] Although .45 caliber handguns are mostly used by law enforcement officials in the Philippines, civilians can acquire and register .45 caliber guns if they are members of a gun club. Once a civilian acquires a .45 caliber handgun from a gun store, the store in turn process the licensing and membership with a gun club.

[97]Human Rights Watch interview with Angela, July 19, 2008. Human Rights Watch interview with two local officials, Davao City, July 27, 2008. A balisong, otherwise known as a butterfly knife or a Batangas knife, is a Philippine folding pocket knife with two handles counter-rotating around the blade such that, when closed, the blade is concealed within grooves in the handles. Standard Batangas knives are 29 cm in length.

[98] A local journalist in General Santos City echoed Ramon’s account, saying that while it is possible for civilians to procure .45-caliber guns, most gang members cannot afford them and carry home-made guns instead.Human Rights Watch interview with a local journalist, General Santos City, July 18, 2008.

[99]Human Rights Watch interview with Ramon, Davao City, July 24, 2008.

[100] By law, motorcycle riders in Davao City must have a license plate and wear helmets. Violations are subject to heavy fines. Davao City Ordinance No. 0189-06, March 2006. Administrative Order No. AHS-2008-015, May 2008, Section III.

[101]Human Rights Watch interview with Fernando, Davao City, July 23, 2008.

[102] Human Rights Watch interview with “Maria,” a pseudonym, Davao City, July 24, 2008.

[103] Human Rights Watch interview with Ramon, Davao City, July 24, 2008. Human Rights Watch interview with a freelance journalist , Davao City, July 24, 2008.

[104]Human Rights Watch interview with a barangay police chief, Davao City, July 27, 2008.

[105] Human Rights Watch interview with a local official, Davao City, July 27, 2008.

[106]Human Rights Watch interview with a local resident, Davao City, July 26, 2008.

[107] Human Rights Watch interview with “Grace,” a pseudonym, Davao City, July 19, 2008.

[108]Human Rights Watch interview with a Davao-based freelance journalist, Davao City, July 24, 2008.

[109]Human Rights Watch interview with Fernando, Davao City, July 23, 2008.

[110]Human Rights Watch interview with Anthony, Davao City, July 27, 2008.

[111] Ramon provided the name of the executed man to Human Rights Watch. He said that the man who showed the photo asked him whether he knew the person in the photograph, and when Ramon confirmed that he did, the man said that it was he who had killed him. Human Rights Watch also received information about this killing from another person, interviewed independently.

[112]Human Rights Watch interview with Anthony, Davao City, July 27, 2008.

[113]Human Rights Watch interview with Angela, Davao City, July 19, 2008.

[114]Human Rights Watch interview, Digos City, July 25, 2008.

[115]Human Rights Watch interview, Davao City, July 24, 2008.

[116] Human Rights Watch interview with Angela, Davao City, July 19, 2008.

[117] Human Rights Watch interview with two local officials, Davao City, July 27, 2008. Another witness interviewed independently repeated this account almost verbatim. Human Rights Watch interview with Anthony, Davao City, July 27, 2008.

[118] Human Rights Watch interview, Davao City, July 28, 2008.

[119]Human Rights Watch interview, Davao City, July 28, 2008.

[120]Human Rights Watch interview with a relative of Rolando Jimenes, Davao City, July 21, 2008. For a detailed case description, see the case of Rolando Jimenes in chapter VII.