Philippines: Human rights defenders from KARAPATAN-Cebu receive death threats and allegations of kidnapping against Vimarie

Your Excellency,

I am deeply concerned following reports that human rights defenders, Dennis Abarrientos, Vimarie Arcilla, Jean Suarez and Concordia Oyao have received threatening text messages to their mobile phones and the 79th Infantry Battalion-Philippine Army (IB-PA) have made allegations of kidnapping against Vimarie Arcilla. Dennis Abarrientos is the Secretary-General of Karapatan-Cebu, Vimarie Arcilla is the Public Information Officer, Jean Suarez is Research and Documentation Officer and Concordia Oyao is Direct Services Officer. Karapatan Alliance for the Advancement of People's Rights is an alliance of individuals, groups and organisations working for the promotion and protection of human rights in the Philippines.

On 21 August 2008, the afore-mentioned human rights defenders were taking part in a staff meeting in their offices in Cebu when they all simultaneously received text messages from 'Joy' and 'Benjie', from the numbers +63 905 9393006 and +63 909 6217843, in which they were warned “I know what you are doing HR (human rights). Your time is up!!”, and, “Stop your Fault-Finding Missions... or suffer the consequences!!”. It is reported that the code names 'Joy' and 'Benjie' are known in Cebu and Bohol to be used by persons connected to the 3rd Civil Relations Group and Intelligence Service of the Armed Forces of the Philippine – Military Intelligence Group (ISAFP-MIG).

Karapatan-Cebu had conducted a fact-finding mission, and subsequently published a factsheet (number 08042:nor), concerning the enforced disappearance of a resident of Barangay San Jose in Bohol on allegations of being a member of the New People's Army (NPA). The fact-finding mission had concluded that operatives of the 79th IB-PA had carried out the disappearance on 11 June 2008.

On 20 July 2008, following the publication of the Karapatan-Cebu factsheet, the 79th IB-PA filed a kidnapping allegation against Vimarie Arcilla and four other members of the fact-finding mission. They allege that the mission delegates had kidnapped one of the witnesses in the enforced disappearance case and forced him to testify against the Battalion. Karapatan-Cebu were last in contact with the witness on 16 August 2008. Following their meeting he was reportedly escorted away by plain-clothed agents of the 79th IB. He has not been seen since this date.

I believe that the allegations of kidnapping against the members of Karapatan-Cebu form part of a pattern of harassment of human rights defenders and attempts to file false cases against them in order to discredit their legitimate and peaceful human rights activities. In April 2006, the 78th IB-PA filed charges of multiple murder against Vimarie Arcilla after she led an investigation into atrocities allegedly committed by the Battalion against the populace of Tabuelan, Cebu. The charges were dismissed by the Regional Trial Court-7, Branch 29 in Toledo City, Cebu, for “lack of probable cause”. It is further believed that the death threats received by Dennis Abarrientos, Vimarie Arcilla, Jean Suarez and Concordia Oyao are aimed at intimidating members of the organisation in order to dissuade them from carrying out their fact-finding missions and reporting on human rights violations in the Philippines. I am concerned for the physical and psychological integrity of all members of Karapatan.

I urge the authorities in the Philippines to:

1. Carry out an immediate, thorough and impartial investigation into the kidnapping charges against Vimarie Arcilla and members of the Karapatan-Cebu fact-finding mission, as well as the death threats that Dennis Abarrientos, Vimarie Arcilla, Jean Suarez and Concordia Oyao received, with a view to publishing the results and bringing those responsible to justice in accordance with international standards;

2. Guarantee the security and physical and psychological integrity of Dennis Abarrientos, Vimarie Arcilla, Jean Suarez and Concordia Oyao, and all members of Karapatan;

3. Ensure that all human rights defenders in the Philippines, carrying out their legitimate work in the defence of human rights, are able to operate free of restrictions and reprisals.

I respectfully remind you that the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals. We would particularly draw attention to Article 6 (c): “Everyone has the right, individually and in association with others: (c) To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters“, and to Article 12 (2): “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present declaration.”

Yours sincerely,