PUBLIC AI
Index: ASA 35/001/2009
23
January 2009
Further
Information on UA 274/08 (ASA 35/007/2008 25 September 2008) and follow-up (ASA
35/009/2008 6 November 2008; ASA 35/010/2008 19 November 2008) - Enforced
disappearance
On
19 January 2009, the Regional Trial Court in La Trinidad, Benguet province, ruled
that the authorities must disclose the whereabouts of abducted Indigenous
people's rights activist James Balao immediately. However, the ruling does not
grant permission for his relatives and their representatives to inspect places
of detention where he may be held, nor does it compel the authorities to hand
over documents relating to his case, or offer protection to those who witnessed
his abduction.
The
Court's ruling was in response to a writ of amparo filed by relatives on 9
October 2008, in an effort to establish what happened to James Balao, one of the founders of
the Indigenous
people's organization, the Cordillera People's Alliance (CPA). James Balao
disappeared on 17 September in La Trinidad town, northern
The
13-page decision on the writ of amparo directed the authorities to “disclose where James Balao is
detained or confined, to release James Balao considering his unlawful detention
since his abduction, and to cease and desist from further inflicting harm upon
his person.”
The
Court further stated that: the "abduction came at a time when the government is engaged
in an all-out war against its perceived enemies, which has resulted in unabated
extrajudicial killings, abductions, political persecution...", that "the investigation was very limited,
superficial and one-sided", and that “on record is evidence pointing to
the more likely than not motive for James Balao’s disappearance—his
activist/political leanings.”
However,
while the Court’s statements were welcome, the fact that it did not permit the
inspection of places of detention, witness protection or the presentation of state
documents on James Balao’s security and whereabouts; and the fact that the
Court took three months to rule on the writ of amparo, have denied James Balao
the protection that should have been granted immediately.
RECOMMENDED
ACTION: Please send appeals to arrive as quickly as possible, in English,
Filipino or your own language:
- calling on the Philippine
National Police and the Armed Forces of the Philippines to publicly reveal the
whereabouts of James Balao, and for the authorities to charge him with a
recognizably criminal offence or release him immediately;
- calling on the authorities
to order an impartial, prompt, thorough and effective investigation, publish
the results and bring those responsible for his abduction to justice;
- calling on the authorities
to ensure that all Indigenous rights activists are able to carry out their
legitimate work without restrictions or fear of reprisals;
- calling on the authorities
to ensure that all cases of extrajudicial execution and enforced disappearance
are investigated promptly, impartially and effectively;
APPEALS
TO:
Chief of Police
Chief Director General Jesus
Verzosa
Philippine National Police
Room 301 DND Building, Camp Emilio Aguinaldo,
E. de los
Email: pio@pnp.gov.ph
Salutation: Dear Director General
Chief of Staff (armed forces)
Gen. Alexander B. Yano
Chief of Staff, Armed Forces
of the
Camp
General Emilio Aguinaldo
Email: via
website: http://www.afp.mil.ph/ghq/csafp/index.htm
(follow link on left-hand side to guestbook)
Salutation: Dear General Yano
Important
note: If you are sending an appeal
through email and the email bounces, please, send to jamesbalao.appeal@gmail.com, with
the name of the addressee (e.g. Chief Justice Reynato S. Puno) in the subject
line. Your emails will go to AI
COPIES
TO:
Hon. Leila De Lima
Chairperson, Commission on Human Rights
SAAC Bldg.,
Commonwealth Avenue
Diliman,
Email: drpvq@chr.gov.ph, atty_delima@yahoo.com.ph
and
to diplomatic representatives of the
PLEASE
SEND APPEALS IMMEDIATELY.
Check with the International Secretariat, or your section office, if sending
appeals after 6 March 2009.