Click on images to enlarge

PDF DOWNLOAD

CONTENTS

Cover

Editorial

Cover Story
Entry into Force of
the International
Convention for the
Protection of All
Persons from Enforced
Disappearance and
Future Perspectives


News Features
The Ratification of the
International Convention for
the Protection of All Persons
from Enforced Disappearance
by Indonesia: The Long-Awaited
Promise…


Victims of Disappearances
– Still Waiting for Justice in
Sri Lanka


From ‘Healing Wounds, Mending
Scars’ to ‘From Survivors to
Healers’


Bogor, Bond and Basho
Memoirs of AFAD Fourth
Congress


UN WGEID and the 1992 UN
Declaration on Disappearances


Hiding Behind Lies

Photo Essay
Ang Mamatay Nang Dahil Sa
Iyo: A Nationwide University
Roadshow on Extra-Legal
Killings and Enforced
Disappearances



On Latin America
Trekking Latin American Terrains
in the Pursuit of Truth and
Justice…


Ciudad Juarez, Mexico:
Laboratory of the Future


Review
Unsilenced: A Review

Reflections from the Secretariat
Bird’s View on the Crows’ Nest: A
Visit to Sri Lanka


Conference Report
Reclaiming Stolen Lives:
Forensic sciences and human
rights investigations conference


Solidarity Message
Thank you very much,
Patricio Rice


Statement
AFAD Statement on the Visit of
UNWGEID to TImor Leste


Odhikar Congratulates
the People of Egypt on their
Victory for Human Rights and
Democracy


Mind Teasers
Crossword

Cryptoqoute

Literary Corner
By the Wayside


Cover Background Source:
“Time Tunnel”
by Thomas Leiser
©www.flickr.com

REVIEW

 

UNSILENCED : A REVIEW

by Alan Harmer


The Evening of 14 October 2000

It was a happy festive evening, gay with songs and laughter. The small village of Sta. Maria was celebrating its annual fiesta. The central square was alive with the lights and sounds of games, pop music, amusement stands and side shows. Delicious smells of aromatic spices and fresh fried pork wafted into the night air. Everyone was outside enjoying themselves.

 

14 October 2000 - An evening that some people will have engraved in their memory forever…

Sta. Maria is a small community located in the Trento province along the Pan Philippine highway, that majestic road that cuts its way north-south across the whole island of Mindanao, in the south of the Philippines. In the middle of the island, in Trento, the road runs through lush tropical forest passing the beautiful Agusan marsh wild life sanctuary. It is a remote region, a relatively poor area, and lack of reliable water supplies often spreads disease among the indigenous population. The main employer in the region, apart from the local agriculture is the logging operation, PICOP (the American-owned, Paper Industries Cooperation of the Philippines) with 2,000 employees in the area. Their logging lorries are to be seen frequently, rumbling along the main highway, taking their precious load of tree trunks down to the factory for processing. Adjoining the village of Sta. Maria is an army camp, which houses part of the 62nd Infantry Battalion. There is often agitation with the NPA, the New People’s Army, and only two weeks earlier, the battalion commander, Colonel Velasco, had been ambushed and killed by NPA1 militia from Talacogon, 6 villages away.

In the village square, the crowd was becoming denser by the minute. Sporting a gleaming white shirt and with his hair especially spruced up for the evening, Crispin Barot was out looking for his six friends, Romualdo, Jovencio, Arnold, Joseph, Diosdado and Artemio. A young man of 18 years old, Crispin lived in Sta Maria and worked for PICOP. Through working in the logging company, he had met these close friends, who came from the neighboring town of Bunawan.

There they were in the crowd! They greeted one another happily. Laughing and joking together, they moved out of the village square and drifted slowly down the road to Jumapoy Joint, a favorite meeting place. The crowded videoke bar was packed to bursting, almost impossible to enter. They joined the crowd outside of more than fifty people, dancing and listening to the loud pop music beaming from the loudspeakers. Suddenly, a soldier in army uniform accosted Romualdo.

“You are a member of the NPA.”
“I’m sorry I don’t understand,” said Romualdo. “I recognize your face. You were involved in the killing of Colonel Velasco. Come with me.”
“You must be mistaken,” he said “I’ve got nothing to do with the NPA.”
“He’s not with the NPA,” joined in his friends.
“He’s from our village, we know him well.”

But the soldier produced a pistol, pointed it at Romualdo and pushed him out to the edge of the crowd. His friends followed. The soldier took him roughly by the arm and forced him down the road, frog-marched him with the pistol in his back. His five friends followed, protesting, “It’s not him.” Crispin went along behind. He was scared and hung back. Other soldiers, some in uniform, some armed, joined in and herded the six young men towards the army camp, only a short distance down the road. Crispin watched dismayed as his friends went through the main gates, uncertain what to do; just then his uncle pulled him away and told him not to venture into the army camp but to go home.

 

Where did the young men disappear to?

The following day, the young men had not returned to their village. Their families started wondering why they were not back home. Crispin recounted how they had been marched to the army camp and had been taken inside. Two people from the families, Artemio Ayala and Macaria Legare immediately went off to the camp to find out what had happened. They were not allowed in. Others members of the family went there, the mothers of the young men, in tears, but all were turned away roughly, or barred at the gate. Finally, six days later, a delegation of the parents accompanied by the mayor of their village, the vice-mayor and a barangay captain went to the army camp requesting to speak to the commanding officer. They were allowed in but the army denied anything to do with the young men. The families were shown round the camp. There was no trace of their lost sons. Crispin Barot and the families of the missing men made written statements with the local police. The military continued to deny any involvement and all knowledge of the whereabouts of the young men.

This is the point at which most accounts about disappearances come to an abrupt end.

In not knowing what happens to the people who disappear;

In the blanket denial of the military, the police, and government officials to admit anything;

In the refusal of the authorities to investigate the case;

In the lack of witnesses because they are scared to come forward and disclose any information;

In the forgotten tragedies of the individual families;

In the terrible pain of the memories of those who are missing;

In the unresolved loss and grief…

This is normally where such tragic histories end.

 

The Film, UNSILENCED

The scene opens with the magnificent scenery of the Trento province, dense green forests, palm trees waving in the wind and the broad fast-running river. The ordinary life of the villagers, their simple routine, their attractive faces…

Numeria Orcullo says “It is a simple life here, we are a peaceful people.”

The families go on to talk about their sons, and the work they did in the logging company. Then they hear the news, their disbelief that the young men are really missing, the panic and the fear.

Numeria Orculla recounts, after she was told her son was missing “I wanted to go and find him but it was too far. I am not familiar with that place.”

Later on, with the other families desperately trying to trace the young men, “We searched for them on foot, day and night, for a week…”

She tried hard to gain access to the army camp. In tears, she describes her treatment at the ruthless hands of the army. Here, in a few simple images and a few simple words is the whole tragedy of disappearances.


Seeking Justice

There, the tragedy might have ended had it not been for FIND (Families of Victims of Involuntary Disappearance) who read about the incident in the local paper: Rose Deano from FIND visited the families of the young men. It needed several visits to gain their confidence, and to insist on the importance of action, and to reassure them that they would be helped in their cause. With the support of FIND, the families filed a court case against the army.

The initial hearing in the court was rejected.

However, four years later, an important witness emerged. Exequias Doyugan, an army sergeant, had witnessed at first hand the killing of the young men but had chosen to remain silent, afraid that he would be killed. At 41 years old, he had been in the army since 1988. He left in 2007. With encouragement from FIND, he resolved to speak out. The army discovered this, and in August 2007, an envoy on behalf of the Captain of the 4th Infantry Battalion tried to persuade him to rejoin the army and offered him 200,000 pesos to remain silent. Doyugan decided, with strong backing from FIND, to tell the truth.

A court case was filed in the Regional Court at Prosperidad, Agusan del Sur, against Corporal Rodrigo Billones, the army soldier who had arrested Romualdo and brought him to the army camp. He was easily identified by Crispin Barot and others as the person initially responsible for abducting the young men.

In court, Doyugan, as key witness, said that on the night of the killings, the army camp was very quiet. Many of the soldiers had gone to the village fiesta. The commanding officer, Colonel Cabando, was away from the camp. Doyugan overheard a telephone conversation between the camp Senior Officer and Cabando telling him that they had found some possible members of the NPA. Cabando said that they should kill the suspects. The young men entered the camp, they were tied with rope and manhandled by a number of soldiers. One of the soldiers struck Arnoldo on the head with an iron pipe. Three other soldiers joined in and together they beat the six young men to death. The soldiers dug graves at the back of the extension building and buried the bodies. However, three days later, they dug them up and took them away in a Chevrolet service vehicle to a point along the road in Trento and burned the corpses there. Doyugan said that Billones had nothing to do with the killing, the digging up of the corpses and the burning.

The case was judged on 11 July 2008. Corporal Rodrigo Billones was convicted for unlawful arrest and illegal detention of the 6 men. He was sentenced to a maximum of 15 years imprisonment. The other army personnel, officers and soldiers in the crime are now being investigated.


The Victims

The six men from Bunawan village, who disappeared, were:

Romualdo Orcullo (27 years old)
Arnold Dangquiasan (29 years old)
Joseph Belar (31 years old)
Diosdado Oliver (30 years old)
Artemio Ayala (29 years old)
Jovencio Legare (41 years old)


A Landmark Case

Nilda Sevilla, Chairperson of FIND, says “The PICOP case is unique in the sense that it is a landmark victory in court with the conviction of the accused army corporal as accomplice to the crime of kidnapping and serious illegal detention of the six paper factory workers. But what is more important is the conviction of the principals, the military men and members of the 62nd infantry battalion. Now they have filed a case before the office of the prosecutor in Agusan for multiple murder, serious illegal detention, coercion and torture. These are existing crimes punishable under the Revised Penal Code.”

“However not one of these crimes captures all the elements of enforced disappearance, especially the element of concealment, of the fate and whereabouts of the victim. So enforced disappearance is enforced disappearance; it is not kidnapping and illegal detention. What is important is for the phenomenon of Enforced Disappearance to end.”


The Need for Government Laws against Enforced Disappearances

The documentary film is a joint production between FIND and AFAD. It is valuable in detailing the whole story of the PICOP case: the abduction of the six men, the disappearance, and the killing. It interviews the families of the disappeared. It recounts the actions of the families taken against the army and the resulting successful court case.

The main conclusion is that it is vital for the Philippine government to ratify the International Convention against Enforced Disappearance and to enact local laws to guarantee security for all their citizens and justice to eliminate Enforced Disappearances.

The film is available from the AFAD office, Rooms 310-311 Philippine Social Science Center, Commonwealth Ave., Diliman, Quezon City, Philippines and in the AFAD website: www.afad-online.org  (Click here to watch movie)

 

Alan Harmer is a human-rights supporter in Geneva. Over the last twelve years he has been host to members and friends from AFAD who come to participate in meetings at the United Nations.

 


 

The VOICE March 2011

Copyright 2011 www.afad-online.org 
AFAD - Asian Federation Against Involuntary Disappearances
Web Design by: www.listahan.org