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JasonM · Joined: 21 Sep 2004 Posts: 15 Location: US

Case PHL 180504.CC
Child Concern/Unlawful killings

The International Secretariat of OMCT requests your URGENT
intervention in the following situation in the Philippines.

Brief description of the situation

The International Secretariat of OMCT has been informed by Karapatan -
Alliance for the Advancement of People's Rights, a member of the
OMCT network, of the unlawful killing by military soldiers of two
minors, Maylene Golloso, 13 years old, and Raymund Golloso, 6 years
old, in Bulan, Sorsogon, Philippines.

According to the source (based on the testimony of victims' brother,
sister and mother), on 7th May 2004, Ms Golloso (victims' mother)
left the family's house at around 2:35 pm to go to barangay centre at
200 meters from her house, leaving her four children at home. At that
time Raymund (6 years old) and Resty (9 years old) were playing
outside near the family's house and their two sisters, Maylene (13
years old) and Melody (18 years old), were cooking inside the house
while they heard a loud burst of gunfire. The two girls called their
brothers to immediately go inside. The four siblings then hid in
their parents' bedroom. The gunfire stopped a short time during which
Maylene and Raymund sneaked to see if there was anybody outside.
Suddenly they were hit by two gunshots. Melody saw them dying. She
then took Resty and they ran through outside to go to a relative.

According to Resty's testimony, the shots came from the direction of
the barangay road, just near the victims' house, this is corroborate
by Ms Golloso's testimony. Before the murder Ms Golloso had seen a
group of military soldiers in the barangay centre and recognised one
of them as Cesar Loares, an element of the Citizen Armed Force -
Geographical Units (CAFGUs) under the command of Col. Romeo Cabatic,
and a resident of Brgy. Quirino, Bulan, Sorsogon.

After Ms Golloso heard the first gunshots, she ran back towards to
her house. Upon seeing the house she saw seven military soldiers near
it, three were hiding behind coconut trees and the rest was crawling
on the ground. She entered her house and saw her dying children. She
immediately ran outside and cried for help but the soldiers did not
attempt to help her and left the area.

According to Ms Golloso, she found out later that the soldiers went
to the barangay captain and asked for a certification stating that
they had engaged in an encounter with rebels of the New People's Army
near her house and that the NPA members where the first to shoot and
that they were the ones who killed her children. The barangay captain
signed the certification. But regarding the evidence (no exchange of
gunshots, no member of the New People's Army in the house, only two
bullets' holes on the wall), this was a fake certification.

The International Secretariat of OMCT is gravely concerned about the
unnecessary and discriminatory use of force by the 2nd Infantry
Battalion (IB) of the Philippine Army (PA) and by the Citizen Armed
Force - Geographical Units (CAFGUs) under the command of Col. Romeo
Cabatic, which has resulted in the death of two children of Golloso
family: Maylene (13 years old) and Raymund (6 years old). OMCT
strongly condemns the unlawful killings and impunity of the
perpetrators. OMCT urges the authorities of the Philippines to grant
adequate reparation to the family of the victims. Furthermore, OMCT
urges the Government to take all necessary measures to guarantee an
immediate, impartial and effective investigation into the
circumstances of these events, identify those responsible, bring them
before a competent and impartial tribunal, and apply the sanctions
provided for by law. OMCT recalls that the victims were children. The
Philippines has signed and ratified the Convention on the Rights of
the Child, which states, under Article 6, that "State Parties
recognise that every child has the inherent right to life" and under
Article 38, Paragraph 4) that: "In accordance with their obligations
under international humanitarian law to protect the civilian
population in armed conflicts, States Parties shall take all feasible
measures to ensure protection and care of children who are affected
by an armed conflict."

Action requested

Please write to the authorities in the Philippines urging them to:

i. order a thorough and impartial investigation into the
circumstances of this event, in order to bring the responsible
persons to trial and apply the penal and/or administrative
sanctions as provided by law;
ii. provide an adequate compensation to the victims' family;
iii. ensure the safety of civilian people during any military or
police action;
iv. guarantee the respect of human rights and the fundamental
freedoms throughout the country in accordance with national laws and
international human rights standards.

Addresses

- Angelo T. Reyes, Secretary, Department of National Defense, Camp
General Aguinaldo, Quezon City, Philippines, Fax: +632911-6213,
Email: osnd@philoneline.com

- Hon. Simeon Datumanong, Secretary, Department of Justice DOJ Bldg.,
Padre Faura, 1004, Manila, Philippines, Fax: +632521-1614, Email:
sechbp@info.com.ph

- Purificacion Quisumbing Commissioner, Commission on Human Rights,
SAAC bldg., UP complex, Commonwealth Avenue, Diliman, Quezon City,
Philippines, Fax: +632
929-0102, Email: apnr@chr.gov.ph or hrnow@yahoo.com

- General Narciso L Abaya Chief of StaffArmed Forces of the
Philippines, Camp Emilio Aguinaldo, Quezon City, Philippines, Tel:
+63 2 911 6436 / 911 6045, Fax: +63 2
911 7783 / 911 7953

- Ms. Asma Jahangir, Special Rapporteur on Extrajudicial, Summary or
Arbitrary Executions c/o OHCHR-UNOG 1211 Geneva 10 Switzerland, Tel:
+ 92 42 5763 234, Fax:
+ 41 22 917 9006 / 92 42 5763 236, Email: webadmin.hchr@unog.ch /
asmalaw@brain.net.pk

- Stella Vasquez, Task Force Detainees of the Philippines
Central/Eastern Visayas Region 3rd floor Booc-Virtudazo Bldg. F.
Martir St., Lapu-lapu City Philippines, Tel:
+032 341 4207 E-mail: estel_pv@yahoo.com
- Atty. David M. Bermudo Regional Director, Commission on Human
Rights Office Add: 2F DPB Building Dela Rama Street, Iloilo City,
Philippines, Tel. # 033 0 337 8019

- Loretta Ann Rosales House of Representatives, Chairman Comm. On
Civil/Political Rights, Telefax no. (02) 9316288, Email:
conglapr@nsclub.net

- Ambassadeur, Ramel, Samuel T., Av. Blanc 47, CH-1202, Gen่ve,
Suisse, E-mail : philippine.mission@ties.itu.int, Fax: +4122 716 19
33

Please also write to the embassies of the Philippines in your
respective country.

Geneva, May 18, 2004

Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.
Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organizaci๓n Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : omct@omct.org
http://www.omct.org