June 1, 2011

Officer-in-Charge, Deputy Ombudsman for Military and Other Law Enforcement Offices
Ombudsman Building
Agham Road, North Triangle, Diliman
Quezon City 1101
The Philippines

Via facsimile: +63-2-926-8776

Re: Alleged extrajudicial killings and enforced disappearances

Dear Officer-in-Charge,

I am writing to solicit your views for our research on extrajudicial killings and enforced disappearances in the Philippines, particularly those occurring since June 30, 2010.

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.

Human Rights Watch is committed to producing material that is well-informed and objective. We hope you and your staff would be able to 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 June 24, 2011.

In addition, I will be visiting Manila in the coming months and would greatly appreciate meeting with you. My colleague will follow up with a formal request for a meeting once my travel dates are confirmed.

Please send your reply by email or fax to:

Diana Parker, Asia Associate
Human Rights Watch
1630 Connecticut Avenue, NW, Suite 500
Washington, DC 20009 USA
parkerd@hrw.org
+1-202-612-4333 (fax)

Thank you very much.

Sincerely,

Elaine Pearson
Deputy Director
Asia Division

 

Questions for the Deputy Ombudsman for the Military and Other Law Enforcement Offices

1. Please describe the details of division of responsibilities among the police, prosecutors, and the ombudsman's office for investigating serious human rights violations implicating government security forces-police, military, and paramilitaries.

2. Has the ombudsman's office conducted investigations into cases of alleged extrajudicial killings or abductions by government security forces? What cases have been investigated in the last five years and what were the findings and actions taken?

3. What is the standard procedure for responding to the reported cases of killings or abductions possibly involving military personnel? How many investigating officers do you have responsible for investigating such cases?

4. Has the ombudsman's office been able to identify the perpetrators in any of the investigated cases of extrajudicial killings or abductions? Are you aware of any arrests of perpetrators in any of these cases in the last five years? Have any of the cases resulted in a criminal prosecution and conviction of the perpetrators? Have you been able to establish a pattern of these crimes?

5. Please provide any statistics on the cases you have investigated so far, including the identity of perpetrators, profile of victims, and the result of investigations by year for the last five years?

6. Please describe the level of cooperation you have received from the police and National Bureau of Investigation during your investigations? What steps could be taken to improve cooperation?

7. Please provide information regarding the status of any ombudsman investigations into the following cases. For each case please provide the names of any alleged perpetrators arrested, disciplined, charged, or prosecuted. For investigations that have been suspended or discontinued, kindly provide the reasons for the suspension or discontinuation.

List of cases

1. The killing of Benjamin Bayles on June 14, 2010, in Himamaylan City, Negros Occidental

2. The killing of Fernando "Nanding" Baldomero on July 5, 2010, in Barangay Estancia, Kalibo, Aklan

3. The killing of Pascual Guevarra on July 9, 2010, in Barangay San Isidro, Laur, Nueva Ecija

4. The killing of Julius Tamondez on August 12, 2010, in Paquibato District, Davao City

5. The abduction and "disappearance" of Agustito Ladera and Renato Deliguer in late August or early September, 2010, in Barangay Mahaba, Marihatag, Surigao del Sur

6. The killing of Reynaldo "Naldo" L. Labrador on September 3, 2010, in Paquibato Proper, Paquibato District, Davao City

7. The killing of Vicente Felisilda on September 9, 2010, in Mawab, Compestela Valley

8. The killing of Rene "Toto" Quirante on September 30, 2010, in Barangay Trinidad, Guihulngan, Negros Oriental

9. The killing of Ireneo "Rene" Rodriguez on November 7, 2010, in Balayan town, Batangas

10. The killing of Carlo "Caloy" Rodriguez on November 12, 2010, in Calamba City, Laguna

11. The abduction and "disappearance" of Alfredo Bukal on November 10, 2010, in Barangay Lutal, Tuy, Batangas

12. The killing of Rudy and Rudyric Dejos on February 27, 2011, in Santa Cruz, Davao del Sur

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