VIII. Appendix

Jesus A. Verzosa

Police Director General

Philippine National Police

Office of the Chief PNP

Camp Crame, Quezon City

Metro Manila, the Philippines

Fax: +632 724 8763

Email: jav1976@yahoo.com.ph

Dear Director General Verzosa,

Thank you for meeting with Executive Director Ken Roth and Jessica Evans on April 23, 2010.

I am writing to solicit your views for our research on human rights abuses in Maguindanao province allegedly committed by local government officials, members of the armed forces, police, and members of paramilitary forces. We have documented cases of extrajudicial killings, enforced disappearances, abductions, and sexual assaults.

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 August 6, 2010.

In addition, I will be visiting Manila from July 22—24, 2010, and would greatly appreciate meeting with you. My colleague will follow up with a formal request for a meeting over this period.

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.

Please send your reply by email or fax to:

Diana Parker, Asia Associate

Human Rights Watch

1630 Connecticut Avenue, N.W., Suite 500

Washington, DC 20009

USA

parkerd@hrw.org

+1-202-612-4333 (fax)

+1-202-612-4338 (tel)

Thank you very much.

Sincerely,

Elaine Pearson, Acting Executive Director

Asia Division

Cc:

PCSUPT Bienvenido Garcia Latag

Regional Director, ARMM

Philippine National Police

Camp Brigadier General Salipada Pendatun

Parang, Shariff, Kabunsuan

Email: arm@pnp.gov.ph, texproarmm@yahoo.com, R3_txtproarmm@yahoo.com

PCSUPT Tango Pedro Usabal

Regional Director, Region 11, Philippine National Police

Police Regional Office XI

Camp Catititpan, Davao City

Email: pro11@pnp.gov.ph,pro11_ropd@yahoo.com Telefax: +63 82 235 2570 to 74

PCSUPT Atty. Josefino Gamboa Cataluña

Regional Director, Region XII, Philippine National Police

Police Regional Office 12Brgy. Tambler, General Santos City

E-mail: pro12@pnp.gov.ph and ropd_pro12hqs@yahoo.com

PSSUPT Alex Lineses

Maguindanao Provincial Director

Philippine National Police

Maguindanao Provincial Police Office

Camp Datu Akilan Ampatuan, Brgy Limpongo, Shariff Aquak, Maguindanao

Email: c/o arm@pnp.gov.ph, texproarmm@yahoo.com, and R3_txtproarmm@yahoo.com

PSSUPT Wilfredo Dangane

Cotabato City Director

Philippine National Police

Cotabato City Police Office

PC Hills, Cotabato City

E-mail: cot_cpo3hqs@yahoo.com

PSSUPT Jesus B. Bucayu, Chief, Human Rights Affairs Office

Philippine National Police

PNP Legal Service Building Camp Crame, Quezon City, Metro Manila

Email: fjbb81@gmail.com and pnphrao@gmail.com

Questions for Director General Verzosa

1. What do you consider to be the major security problems facing the Philippine National Police (PNP) in Maguindanao province and surrounding areas? What steps has the PNP been taking to address them?
2. How many members of the Civilian Volunteer Organization (CVO) are there in the Philippines? How many members of the Police Auxiliary Unit (PAU) are there in the Philippines? How many police officers are currently serving in the Philippines?
3. How many police officers, members of the CVO, or members of the PAU have been disciplined or prosecuted for their involvement in extrajudicial killings, torture, abductions, or sexual assault in Maguindanao, Cotabato City, and surrounding provinces in the last 10 years? Please provide information on specific cases, including the role played by the police officers or paramilitary members.
4. How many police officers have been investigated, disciplined, or prosecuted for their involvement in, failure to properly investigate, or failure to take appropriate action against local government officials in Maguindanao and surrounding areas who were committing abuses either before or with respect to the Maguindanao massacre in the last 10 years? Has action been taken on the basis of command responsibility? Please provide information on specific cases.
5. Prior to the Maguindanao massacre on November 23, 2009, did the PNP investigate reports that local government officials in Maguindanao had committed serious abuses with the involvement of police, military, and paramilitary personnel? If so, please provide details of such investigations, including when they commenced, what they involved, and any action taken.
6. How many police officers from central command have been investigated, disciplined, or prosecuted for failing to take appropriate action against local government officials in Maguindanao and surrounding areas who were committing abuses either before or with respect to the Maguindanao massacre? Has action been taken on the basis of command responsibility? Please provide information on specific cases.
7. Is the PNP investigating how local government officials in Maguindanao, particularly members of the Ampatuan family, acquired weapons from the AFP? If so, please advise when the investigation commenced, its status, and any findings.
8. What reforms has the PNP initiated in response to the Maguindanao massacre?

Questions for P/CSUPT Latag, P/CSUPT Cataluña, P/SSUPT Lineses, and P/SSUPT Dangane

1. How many homicides have been registered in Maguindanao and Cotabato City in the last three years? Does your office differentiate between homicide cases in which police, military, local government officials, or paramilitary force members, including members of the Civilian Volunteer Organization (CVO), the Police Auxiliary Unit (PAU), Civilian Armed Force Geographical Unit (CAFGU), and Special CAFGU forces are implicated? 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 initiated by the Maguindanao provincial police and the Cotabato City police in the last three years? How many of these investigations have resulted in prosecutions? Of these, how many resulted in convictions and acquittals? In how many of the above cases were perpetrators members of the police, military, CVO, PAU, Special CAFGU, or CAFGU, individuals acting as agents of government officials, or government officials? Are any such cases currently pending, other than in relation to the November 23, 2009 Maguindanao massacre?
3. How many criminal investigations have been initiated by the Maguindanao provincial police and the Cotabato City police in which the suspects include members of the police, military, CVO, PAU, Special CAFGU, or CAFGU, individuals acting as agents of government officials, or government officials in the last 10 years? Please provide information on specific cases.
4. Have the police ever investigated the widespread allegations that the Ampatuans forcibly took land in various municipalities in Maguindanao? If so, what have been the findings?
5. On December 24, 2002, a bomb exploded near the residence of then Datu Piang Mayor Saudi Ampatuan. Mayor Ampatuan was killed, together with more than a dozen others. Has the PNP investigated any cases relating to this bombing? If so, please provide information on specific cases, including the status of each case and any obstacles to the investigation.
6. It is alleged that on December 24, 2002, following the bombing in which Saudi Ampatuan was killed, the Ampatuans, police, military, and paramilitary forces arbitrarily arrested and summarily executed dozens of men, women, and children. Have the police ever investigated these allegations? If so, what is the status of investigations? What findings have the police reached? For each case please provide the names of any alleged perpetrators arrested, disciplined, charged, or prosecuted, and any affiliation they might have. For investigations that have been suspended or discontinued, kindly provide the reasons for the suspension or discontinuation.
7. Please provide figures for the past three years on funds provided to the Maguindanao provincial police by the provincial government. For what purposes were these funds allocated?
8. Please provide figures for the past three years showing how the CVOs and PAUs were funded in Maguindanao?
9. Please provide information regarding the status of police investigations into the following cases from Mindanao. For each case please provide the names of any alleged perpetrators arrested, disciplined, charged, or prosecuted, and any affiliation they might have. For investigations that have been suspended or discontinued, kindly provide the reasons for the suspension or discontinuation.

List of cases

1. Koya Salik and child, shot to death, January 28, 2010, in Barangay Lower Salbo, Datu Saudi Ampatuan
2. “Tanto,” an alleged witness to the Maguindanao massacre, shot to death, November 30, 2009, Barangay Dicalongan, Ampatuan. Two other witnesses to the massacre were allegedly killed between November 25 and December 31, 2009
3. Family members of Ampatuan Vice Mayor Rasul Sangki, killed, around January 2010
4. Elder brother of Police Officer 1 Rainier Ebus, shot and wounded, February 21, 2010, in Datu Piang
5. Datu Itaw Gayon, Benzar Omar, Oretz Lumenda, Daud Aleb, Tato Aleb, Maguid, Jacke Lumenda, and Mohamidin Lumenda, shot to death, August 28, 2008, in Barangay Tapikan, Shariff Aguak
6. Nasrodin Sadang “Dok” Guiamalon, abducted (allegedly by military from the 40th IB and CAFGUs), May 18, 2009. Datu Piang chief of police provided a written acknowledgment to the 40th IB that he took custody of Guiamalon on May 18, 2009. The acknowledgment stated further that, “Subject named-person was involved in the Criminal Case Nr. 2003-018 for the crime of MULTIPLE MURDER against ZAID PAKILADATU, ET AL, committed in the Municipality of Datu Piang, Maguindanao.” Guiamalon has not been seen since.
7. Nasrodin Sadang “Dok” Guiamalon, Abdulnur Mangkiang, and Tong Baman, tortured (allegedly at the 40th IB military camp), May 18, 2009
8. Badrudin Abdul, abducted (allegedly by police from Maguindanao Provincial Hospital), August 28, 2008. He has not been seen since.
9. Commander Lowlo, shot to death (allegedly by armed men in CAFGU uniforms), Ustadz Omar Mibsuyao, wounded, February 2008, in or near Buluan in Sultan Kudarat
10. Robel Sakilan and brother, shot to death (allegedly by an elected government official), 2007, near the Rajah Buayan Municipal Hall
11. Guntu Buday and Jomar Nawal, 2006, abducted (allegedly by police from Tamondong Hospital in Tacurong City and brought to Maguindanao Provincial Police Headquarters). They have not been seen since.
12. Atty. Arnel Datukun and Michael Mohammad, shot to death, October 3, 2006, in Cotabato City
13. Wife and child of Datu Mando Tambungalan, shot to death, July 20, 2005, in Sitio Udsudon, Barangay Kitango
14. Abdul Kadhil “Peping” Candao, shot to death, February 3, 2003, in Cotabato City
15. Abdullah Datumanong, abducted (allegedly from the Maguindanao Provincial Office compound in Shariff Aguak), late 2002/early 2003. He has not been seen since.
16. Murad Bajunaid, abducted, March 2002, in Shariff Aguak
17. Morshid and King Abdulrasid, tortured and killed, December 24, 2002, arbitrarily arrested in Datu Piang and killed in Shariff Aguak
18. Mohiddin Kaotin, abducted and tortured, December 24, 2002, in Datu Piang. He has not been seen since.
19. Wahida Kaotin and three children of the ages seven years, three years, and three months, abducted and killed, December 26, 2002, in Datu Piang
20. Teng Datukotin and brother, abducted and killed, late December 2002, in Datu Piang and Shariff Aguak
21. Mohabidin Zunzunga, Alimudin Satuwung, Toks Sambutan, and Benjy Upahm, abducted and tortured, March 15, 2003, in Barangay Masigay, Datu Piang (allegedly by military from the 37th IB). They have not been seen since. Six others were abducted and tortured, though later freed.
22. Ustadz Abdulrahman Midsuyao, shot to death, March 4, 2002, in Barangay Pagetin, Datu Piang Municipality
23. Abdulkadir Kahar, shot to death, 2001, in Cotabato City
24. Akas Paglala and Rashid Mamalantong, shot to death, March 14, 1994, in Cotabato City
25. Maganoy Vice Mayor Paglala Bantilan, shot to death, February 21, 1992, in Cotabato City
26. Surab Abutazil, shot to death, 1988, in Maganoy.

Question for P/CSUPT Usabal

1. Please provide information regarding any police investigation into the killing of Tamano Kamendan, an ally of the Ampatuans, shot to death allegedly by police escorts of Buluan Vice Mayor Mangudadatu, February 11, 2010, in Davao City. Please provide the names of any alleged perpetrators arrested, disciplined, charged or prosecuted, and any affiliation they might have. For investigations that have been suspended or discontinued, kindly provide the reasons for the suspension or discontinuation.