Hotline Asia Urgent Appeals -- UA981019(7)

Torture and Killing of "Suspected" NPA Members
~ PHILIPPINES ~
19 October 1998

Action Requested || Sample Letter || Background

 

Summary

The continued existence of communist insurgents seems to have become a justification for two cases of arbitrary treatment in Albay, in the Philippines. Mr. Wilito Boncalos was killed by the army at his home, allegedly for being a New People's Army (NPA - the military wing of the outlawed Communist Party of the Philippines) member, while Mr. Roberto Nacional was subjected to beatings at the Albay Provincial Jail after being accused of also being a NPA member.

 
Action Requested

Please write polite letters to Filipino Government expressing:
1. your concern about the maltreatment of Roberto Nacional in prison
2. your concern about the extra-judicial execution of Wilito Boncalos at his home;
3. the opinion that:
* criminals should not be subjected to any kind of physical and mental torture;
* the military should not carry out extra-judicial executions; and
* those responsible for the above atrocities should be brought to justice.

SEND LETTERS TO

President Joseph "Erap" Estrada
Malacanang Palace, Manila, Philippines
Fax: 63-2-731 1325

c.c. copies to:

1. Chairman Aurora Navarete Reci
Commission on Human Rights
UP Complex, Commonwealth Ave., Diliman, Quezon City, Philippines
Fax: 63-2-929 1020

2. Secretary Serafin Cuevas
Department of Justice
Padre Faura St., Manila, Philippines
Fax: 63-2-521 1614

3. General Joselin Nazareno
Chief of Staff of Armed Forces of the Philippines
Camp Aguinaldo, EDSA, Quezon City, Philippines
Fax: 63-2-911 7783 / 911 7780

4. Diplomatic representative of Philippines accredited to your country.

 

Sample Letter

We are shocked and deeply concerned about the arbitrary treatment of the residents, Mr. Wilito Boncalos and Mr. Roberto Nacional of Albay. It seems the continued existence of communist insurgents operating in the country is being used as a pretext for human rights violations resulting from punitive or reckless behavior.
Mr. Roberto Nacional was subject to beatings after his recapture and return to Albay Provincial Jail. These seem to be the result of his jailers anger at his escape from that facility in 1995. After the beatings, his jailers have accused him of being a member of the NPA and Mr. Nacional, aware that he is at their mercy has not openly denied these charges. Whether these charges are true or false, no one should be subjected to physical abuse and torture during detention or while serving their prison sentence. It is particularly disturbing as the The Philippine Government ratified the Convention on Torture in 1989. The perpetrators of these acts should be brought to justice.We are also gravely concerned about the extra-judicial execution of an innocent farmer, Mr. Wilito Boncalos during an anti-insurgency action in the area of his barangay. This grave act was witnessed by his wife, children and neighbours. The military's justification is that Mr. Boncalos is a member of the NPA. This is denied by everyone who knew Mr. Boncalos. Even if true, the military should not carry out extra-judicial executions. We respectfully urge you to also bring the perpetrators of these acts to justice.
 

Background

(I) THE TORTURE
Mr. Roberto Nacional, 38, single and resident of Bgy Mauraro, Guinobatan, Albay,
was recaptured by the Criminal Investigation Group in Manila on May 10th , 1998 . Before he had escaped from the Albay Provincial Jail in May 1995, he was awaiting trial for murder BUT WAS NOT CONVICTED OF ANY CRIME. He had originally been arrested on suspicion of being a member of the New Peoples Army (NPA). During his detention a the National Bureau and Albay Prison, he was subjected to serious torture but he has refused to press charges against his captors for fear of reprisals.

Nacional narrates that he was subjected to heavy blows and beating by the jail guards after he returned to Albay Provincial Jail again. Obviously, the guards were angry with his earlier escape. On his return to Albay Prison, he was also charged with being a member of NPA. He was then beaten up more severely and almost lost consciousness. Nacional realized that he was at the mercy of the prison guards and he chose not to deny any charges against him, even though he says he is not guilty of the charge of membership in the NPA and only guilty of escaping from prison in 1995. "I don't want to be beaten black and blue again." Nacional said.

(II) THE KILLING
Mr. Wilito Boncalos, 37, was a farmer living with his wife and six children in Bgy Oras, Tabaco, Albay. On July 3rd, 1998, he was shot to death by armed soldiers at his home in the afternoon at around 5pm. He died from multiple gunshot wounds in different parts of his body. His wife, Nida and his 2 year-old daughter, Cristina were also injured. During incident, the other 5 children were fortunately out of the house.

About ten armed soldiers arrived at Mr. Boncalos's home and claimed that they were trying to verify the presence of NPA members in that area. They opened fire at Boncalos's house without any warning. Bullets immediately hit his shoulder and right knee while his daughter, Cristina was injured in her right leg. The soldiers claimed that rebels had stayed at Boncalos's home before they arrived. After the initial shots, Boncalos was hurt and laying on the floor, but alive. Within minutes, the soldiers entered the house, approached Boncalos and killed him. His wife, Nida, related that she trembled as she witnessed the extra-judicial execution of her husband. Their 9 year-old son and some villagers also witnessed what had happened from a nearby hut.

The military claimed that Boncalos was a NPA rebel. However, neighbours attested to the fact that Boncalos was only a farmer and was never involved in any kind of illegal activities. The Commission on Human Rights (CHR) has already carried out an investigation of which a report will be released later. Boncalos' wife, Nida, decided to file the case to seek justice for her innocent husband and also requested to clear his name from the military's list of NPA members.

BRIEF BACKGROUND TO THE NEW PEOPLE'S ARMY (NPA)

In the early 1960s, a group of Filipinos with a Maoist ideological inspiration formed the Communist Party of the Philippines (CPP). The New People's Army (NPA) was formed by the CPP on March 29th, 1969. The CPP/NPA believe that the armed struggle will create a revolutionary condition against the Filipino Government which the former considers to be always corrupt and responsible for the poverty and inequality in the country.

At the beginning, the CPP/NPA was only a minor presence. Nevertheless there was a rapid growth of members in the 1970s because of the growing catalogue of popular grievances against the Marcos regime. As time goes on, the criticism against the various Governments has not diminished. The CPP/NPA has continued with their rebellion against the Philippines Armed Forces. In recent years, a number of peace talks between the Government and the National Democratic Front which represents the CCP/NPA have been held but the negotiations were usually interrupted by outbreaks of armed action.

 

Please remember to send copies of your letters to Hotline Asia for monitoring purpose.
Thank you for Your Continued Support!!