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Stop Human Rights Abuses
"You Can Die Any Time"
April 6, 2009

XIII. Appendix

 

Letters to the Mayors of cities with reported targeted killings, the Davao City prosecutor, and the Davao City Director of the Philippine National Police, with their replies where received.

August 21, 2008

Hon. Rodrigo R. Duterte Mayor, Davao City City Hall Drive 8000 Davao City Philippines

Fax: +63-82-224-5885

Dear Mayor Duterte,

Human Rights Watch is a nongovernmental organization based in New York that monitors violations of human rights by states and non-state actors in more than 80 countries around the world.

I am writing to solicit your views for our research on the pattern of execution-style killings of suspected petty criminals and street children in Davao City in recent years. Human Rights Watch is committed to producing material that is well-informed and objective. We hope you or your staff would answer the attached questions so that your views are accurately reflected in our reporting. In order for us to take your answers into account in our forthcoming report, we would appreciate a written response by September 10, 2008.

Separately, I would like to request that you meet with Kay Seok, our researcher on the Philippines, on September 3 or 4 in Davao City to discuss relevant issues. She will contact your office directly to arrange a day and time.

Thank you very much.

 

Brad Adams

Executive Director, Asia Division

Cc:    Hon. Gloria Macapagal Arroyo President, Republic of the Philippines Malacañang Palace, JP Laurel Street, San Miguel Manila NCR 1005 Philippines Fax: +63-2-936-1107 (Records Section), +63-2-733-7446 (Executive Secretary)

Cc:    Hon. Sara Duterte-Carpio Vice Mayor/Presiding Officer Davao City Council, SP Building Davao City Philippines Fax: +63-82-222-0855

 

Questions for Mayor Duterte

  1. How many homicides have been registered in Davao City over each of the last three years? Databases compiled by local human rights groups and journalists in Davao contain the names of more than 600 victims of alleged “execution-style killings” of petty criminals and street children. Do you believe the 600 figure is roughly accurate?  Does your department attempt to tabulate a category of homicides that would fit this characterization? If so, what are the criteria used? How many such cases occurred over each of the past three years? 
  2. How many homicide investigations have been opened by the Davao City police in the past three years? How many of these investigations have resulted in prosecutions? Of these, how many resulted in convictions and in acquittals? In how many of the above cases were perpetrators members of the police? Military? Individuals acting as agents of governments officials? Are any such cases currently pending?
  3. What steps has the city government taken to address the problem of crime in Davao City? To what extent have they been successful or not?
  4. Has street crime increased or decreased in Davao City over the past three years? Can you provide statistics on crime in Davao City over this period? What factors do you believe are responsible for this change?
  5. Please provide figures for the past three years on funds provided to the Davao City police by the city government’s Peace and Order Fund. For what purposes were these funds allocated?
  6. What is your response to accusations by families of victims and some journalists that you are behind the operation of the DDS, either directly or indirectly?

August 21, 2008

Hon. Tomas R. Osmeña Mayor, Cebu City Cebu City Hall, M.C. Briones St., Brgy. Sto. Niño Cebu City Philippines Fax: +63-32-253-0358

Dear Mayor Osmeña,

Human Rights Watch is a nongovernmental organization based in New York that monitors violations of human rights by states and non-state actors in more than 80 countries around the world.

I am writing to solicit your views for our research on the pattern of execution-style killings of suspected petty criminals and street children in Cebu City in recent years. Human Rights Watch is committed to producing material that is well-informed and objective. We hope you or your staff would answer the attached questions so that your views are accurately reflected in our reporting. In order for us to take your answers into account in our forthcoming report, we would appreciate a written response by September 10, 2008.

Thank you very much.

 

Brad Adams

Executive Director, Asia Division

Cc:    Hon. Gloria Macapagal Arroyo President, Republic of the Philippines Malacañang Palace, JP Laurel Street, San Miguel Manila NCR 1005 Philippines Fax: +63-2-936-1107 (Records Section), +63-2-733-7446 (Executive Secretary)

 

Questions for Mayor Osmeña

  1. How many homicides have been registered in Cebu City over each of the last three years? Local human rights groups and journalists in Cebu City have reported on “execution-style killings” of petty criminals and street children. Does your office or the Cebu police attempt to tabulate a category of homicides that would fit this characterization? If so, what are the criteria used? How many such cases occurred over each of the past three years? 
  2. How many homicide investigations have been opened by the Cebu City police in the past three years? How many of these investigations have resulted in prosecutions? Of these, how many resulted in convictions and in acquittals? In how many of the above cases were perpetrators members of the police? Military? Individuals acting as agents of governments officials? Are any such cases currently pending?
  3. What steps has the city government taken to address the problem of crime in Cebu City? To what extent have they been successful or not?
  4. Has street crime increased or decreased in Cebu City over the past three years? Can you provide statistics on crime in Cebu City over this period? What factors do you believe are responsible for this change?
  5. Please provide figures for the past three years on funds provided to the Cebu City police by the city government’s Peace and Order Fund. For what purposes were these funds allocated?

 

 

 

 

 

 

August 27, 2008

Hon. Pedro B. Acharon, Jr. Mayor, General Santos City Left wing, Ground Level, City Hall 9500 General Santos City Philippines

Dear Mayor Acharon,

Human Rights Watch is a nongovernmental organization based in New York that monitors violations of human rights by states and non-state actors in more than 80 countries around the world.

I am writing to solicit your views for our research on the pattern of execution-style killings of suspected petty criminals and street children in General Santos City in recent years. Human Rights Watch is committed to producing material that is well-informed and objective. We hope you or your staff would answer the attached questions so that your views are accurately reflected in our reporting. In order for us to take your answers into account in our forthcoming report, we would appreciate a written response by September 10, 2008.

Separately, I would like to request that you meet with Kay Seok, our researcher on the Philippines, on September 3 or 4 in General Santos City to discuss relevant issues. She will contact your office directly to arrange a day and time. 

Thank you very much.

 

Brad Adams

Executive Director, Asia Division

Cc:    Hon. Gloria Macapagal Arroyo President, Republic of the Philippines Malacañang Palace, JP Laurel Street, San Miguel Manila NCR 1005 Philippines Fax: +63-2-936-1107 (Records Section), +63-2-733-7446 (Executive Secretary)

 

Questions for Mayor Acharon

  1. How many homicides have been registered in General Santos City over each of the last three years? Local human rights groups and journalists in General Santos have reported on “execution-style killings” of petty criminals and street children. Does your office or the General Santos police attempt to tabulate a category of homicides that would fit this characterization? If so, what are the criteria used? How many such cases occurred over each of the past three years? 
  2. How many homicide investigations have been opened by the General Santos City police in the past three years? How many of these investigations have resulted in prosecutions? Of these, how many resulted in convictions and in acquittals? In how many of the above cases were perpetrators members of the police? Military? Individuals acting as agents of governments officials? Are any such cases currently pending?
  3. Have the General Santos City police ever investigated the widespread allegations about a death squad? If so, what conclusions have the police reached? Please provide information on the size, composition and organizational structure of the death squad.
  4. How many General Santos City police officers in recent years have been disciplined or prosecuted for their involvement with the death squad or with execution-style killings? Please provide information on specific cases, including the role played by the police officers.
  5. Does the wide use in execution-style killings of .45 caliber pistols, a weapon normally available only to the police, suggest a police role in those killings? If not, why not?
  6. Have the General Santos police cooperated with the office of the Ombudsman in General Santos or the CHR office in General Santos concerning execution-style killings in General Santos City? What is the nature of this cooperation? 
  7. Please provide figures for the past three years on funds provided to the General Santos City police by the city government’s Peace and Order Fund. For what purposes were these funds allocated?
  8. Please provide information regarding the status of police investigations into the following alleged homicides, all of which occurred in General Santos City. For each case please provide the names of any perpetrators identified, arrested or prosecuted, and any affiliation they might have. For investigations that have been suspended or discontinued, kindly provide the reasons for the suspension/discontinuation.

List of Cases (ages at the time of their death)

  1. Rolando Botel , 18, shot dead by men on motorcycle, January 14, 2008
  2. Rolando Concorado (or Conjorado), 18, shot dead by men on motorcycle, January 14, 2008
  3. Allen Concorado (or Conjorado), 23, shot dead by men on motorcycle, January 14, 2008
  4. Gabriel Sintasas, 24, shot dead by two men on motorcycle, March 19, 2008
  5. Marcos Uyanguren, 40, stabbed on the street by three men on a motorcycle, March 20, 2008
  6. Danilo Auges, 38, shot dead by men on a motorcycle, March 26, 2008
  7. German Sanches, 27, shot dead by one, May 24, 2008
  8. Jerry Baluno, 54, shot dead by two men on a motorcycle, June 7, 2008
  9. Aldrin Alba, 22, shot dead by men on a motorcycle, June 10, 2008
  10. Dodon Borga, 17, shot dead, first week of July, 2008
  11. Albin Basas, 22, shot dead by two men on a motorcycle, July 14, 2008

 

August 27, 2008

Atty. Raul B. Bendigo City Prosecutor City Prosecution’s Office, Hall of Justice, Ecoland Davao City Philippines

Dear Atty. Bendigo,

Human Rights Watch is a nongovernmental organization based in New York that monitors violations of human rights by states and non-state actors in more than 80 countries around the world.

I am writing to solicit your views for our research on the pattern of execution-style killings of suspected petty criminals and street children in Davao City in recent years. Human Rights Watch is committed to producing material that is well-informed and objective. We hope you or your staff would answer the attached questions so that your views are accurately reflected in our reporting. In order for us to take your answers into account in our forthcoming report, we would appreciate a written response by September 10, 2008.

Separately, I would like to request that you meet with Kay Seok, our researcher on the Philippines, on September 3 or 4 in Davao City to discuss relevant issues. She will contact your office directly to arrange a day and time. 

Thank you very much.

 

Brad Adams

Executive Director, Asia Division

Cc:    Sec. Raul M. Gonzalez Department of Justice, DOJ Building, Padre Faura Manila Philippines

   

Questions for Atty. Bendigo

  1. What are the responsibilities and the authority of the Prosecutor’s office vis-à-vis homicide cases committed in Davao City?
  2. How many cases of execution-style killings have been prosecuted in Davao city in the last three years? How many cases have reached the trial phase? How many convictions have been recorded? Please provide any detailes of such cases. What have been the main obstacles to successful prosecution of such cases?
  3. Does your office have a witness protection program? Has such a program ever been used to protect the witnesses in cases of execution-style killings?
  4. Has your office been satisfied with the effectiveness of police investigations into the execution-style killings? If not, what do you believe to be the main reasons for the ineffectiveness of police investigations which in turn prevents successful prosecution of such cases?
  5. Based on the evidence available to your office, do you believe that there is an organized force behind the spree of execution-style killings in Davao city? Have you ever addressed the allegation made by the local media as well as local and international human rights groups against the so-called “Davao Death Squad” (DDS)? If so, what conclusions have you reached?
  6. Are you aware of any cases where police officers were suspected of being involved in recruiting or training members of the so-called “Davao Death Squad,” providing them with information on suspected criminals, or making payment to them? If so, have there been any investigations into such cases? Have any police officers been arrested, charged, prosecuted and convicted as a result?
  7. Has your office ever received any inquiries from the office of the Ombudsman in Davao or CHR office in Davao in relation to the pattern of killings in the city or specific cases? Please provide any details of such inquiries and action taken by your office in response. 
  8. What is the level of cooperation between your office and the Davao city government? Has the issue of execution-style killings and problems related to the prosecution of such cases ever been discussed between your office and the city government? If so, at what level? What was the outcome of such discussions?  

August 21, 2008

P/SSUPT. Ramon C. Apolinario City Director, Philippine National Police Davao City Police Office Camp Domingo Leonor, San Pedro St., 8000 Davao City Philippines Fax: +63-82-224-1313

Dear P/SSUPT. Apolinario

Human Rights Watch is a nongovernmental organization based in New York that monitors violations of human rights by states and non-state actors in more than 80 countries around the world.

I am writing to solicit your views for our research on the pattern of execution-style killings of suspected petty criminals and street children in Davao City in recent years. Human Rights Watch is committed to producing material that is well-informed and objective. We hope you or your staff would answer the attached questions so that your views are accurately reflected in our reporting. In order for us to take your answers into account in our forthcoming report, we would appreciate a written response by September 10, 2008.

Separately, I would like to request that you meet with Kay Seok, our researcher on the Philippines, on September 3 or 4 in Davao City to discuss relevant issues. She will contact your office directly to arrange a day and time. 

Thank you very much.

Sincerely,

 

Brad Adams

Executive Director, Asia Division

Cc:    Avelino Ignacio Razon Jr. Police Director General, Office of the Chief, PNP Camp Crame, Quezon City Philippines Telefax: +63-2-724-8763

Questions for P/SSUPT. Apolinario

  1. How many homicides have been registered in Davao City over each of the last three years? Databases compiled by local human rights groups and journalists in Davao contain the names of more than 600 victims of alleged “execution-style killings” of petty criminals and street children. Do you believe the 600 figure is roughly accurate?  Does your department attempt to tabulate a category of homicides that would fit this characterization? If so, what are the criteria used? How many such cases occurred over each of the past three years? 
  2. How many homicide investigations have been opened by the Davao City police in the past three years? How many of these investigations have resulted in prosecutions? Of these, how many resulted in convictions and in acquittals? In how many of the above cases were perpetrators members of the police? Military? Individuals acting as agents of governments officials? Are any such cases currently pending?
  3. Have the police ever investigated the widespread allegations about the so-called “Davao Death Squad” (DDS)? If so, what conclusions have the police reached? Please provide information on the size, composition and organizational structure of the DDS.
  4. How many police officers in recent years have been disciplined or prosecuted for their involvement with the DDS or with execution-style killings? Please provide information on specific cases, including the role played by the police officers.
  5. Does the widespread use in execution-style killings of .45 caliber pistols, a weapon normally available only to the police, suggest a police role in those killings? If not, why not?
  6. Have the Davao police cooperated with the office of the Ombudsman in Davao or the CHR office in Davao concerning execution-style killings in Davao City? What is the nature of this cooperation? 
  7. Please provide figures for the past three years on funds provided to the Davao City police by the city government’s Peace and Order Fund. For what purposes were these funds allocated?
  8. Please provide information regarding the status of police investigations into the following alleged homicides, all of which occurred in Davao City. For each case please provide the names of any perpetrators identified, arrested or prosecuted, and any affiliation they might have. For investigations that have been suspended or discontinued, kindly provide the reasons for the suspension/discontinuation.

List of Cases (ages at the time of their death)

  1. Richard Alia, 17, stabbed to death, July 27, 2001
  2. Christopher Alia, 16, stabbed to death, October 20, 2001
  3. Bobby Alia, 14, stabbed to death, November 3, 2002
  4. Fernando Alia, 15, stabbed to death, April 13, 2007
  5. Jay-ar Ormido, 20, shot dead by three men on motorcycle, January 10, 2007
  6. Danilo Macasero, early 30s, stabbed to death by four men on two motorcycles, May 30 or 31, 2007
  7. Renante Lagarit, 20s, stabbed by two men on motorcycle, June 2007
  8. Adon Mandagit, 15, shot dead by three men on motorcycle, July 2007
  9. Cyrus Gitacaras, 20s, abducted in Davao City together with Jumael Maunte and found dead in Mauuab, August 2007
  10. Jumael Maunte, 24, abducted in Davao City together with Cyrus Gitacaras and found dead in Mauuab with gunshot wounds, August 2007
  11. Conrad Dequina, early 20s, shot dead by three men on motorcycle, October 10, 2007
  12. Nerito Calimbo, shot dead by men on motorcycle, May 22, 2008
  13. Jocelyn Calimbo, shot dead by men on motorcycle, May 22, 2008
  14. Aaron Sumitso, shot dead by men on motorcycle, May 22, 2008
  15. “Loloi” Rosales, 18, abducted and found dead with stab wounds, June 2008
  16. Rolando Jimenes, 50, shot dead by two men on motorcycle, June 15, 2008
  17. Jaypee Larosa, shot dead by men on motorcycle, July 17, 2008

Acknowledgements

This report was written by Anna Neistat, senior researcher in the Emergencies Division, and Kay Seok, researcher in the Asia Division, based on research conducted by the authors in July 2008.

Elaine Pearson, deputy director of the Asia Division, edited the report. James Ross, legal and policy director for Human Rights Watch, provided legal review. Program review was done by Joseph Saunders, deputy program director of Human Rights Watch. Specialist review was done by Bede Sheppard, researcher in the Children's Rights Division. Pema Abrahams, associate for the Asia Division, provided administrative and technical assistance. Fitzroy Hepkins and Grace Choi provided production assistance to the report. Portia Reyes, an intern, provided research assistance.

We also would like to thank the families and eyewitnesses who agreed to talk to us for this report. We are indebted to the nongovernmental organizations, lawyers, activists and journalists who generously assisted us in the course of our research and often provided comments and feed-back on our work.