Desaparecidos to Palparan – “Come out of hiding,
SURRENDER now”
"Come out! Come out, wherever you are!" This is the statement of Families
of Desaparecidos for Justice (Desaparecidos) to former President Gloria
Arroyo’s favorite" Butcher" Ret. Maj. Gen. Jovito Palparan Jr. The
notorious general has gone into hiding since a warrant of arrest had been
issued against him for charges of kidnapping and serious illegal detention
of two University of the Philippine students in 2006.
Today, in an effort to enjoin the public in a people’s manhunt against the
notorious general a.k.a. “Berdugo,” the Desaparecidos together with the
kin of victims and other human rights advocates released and posted
“Wanted: Jovito Palparan, Jr.” posters and flyers at Philcoa, along
Commonwealth Avenue, Quezon City. They are joined by Victims United for
Justice (Hustisya), Selda and Karapatan.
"It's time for you to face your sins," Mary Guy Portajada, secretary
general of Desaparecidos told Palparan. "What are you so afraid of - that
you will be tortured and disappeared like what you did to your victims?"
Portajada says.
Karen Empeno and Sherlyn Cadapan, the two students of UP were abducted on
June 26, 2006 by soldiers under the command of Palparan. The two women had
disappeared ever since. Key witnesses, Raymond Manalo and Oscar Leuterio,
both survivors of torture from the same abductors, claim that they have
seen Karen and Sherlyn tortured. Two of the four accused, Lt. Col. Felipe
Anotado and S/Sgt. Edgardo Osorio surrendered to the authorities after the
Malolos RTC issued warrants of arrest. Palparan and M/Sgt. Rizal Hilario
remain fugitives.
"Palparan may be reeling in fear that he will suffer the same fate that
has befallen our loved ones. He need not worry, we just want him to rot in
jail," Portajada says. "We call on those people who are helping these
fugitives, to find in their conscience to turn them in to the
authorities."
Portajada warned Palparan and Hilario’s coddlers that they are also
answerable to the law, if they continuing hiding these wanted men "Know
that you are cradling notorious human rights violators!" she declared.
Desaparecidos called on the rest of the Filipino people who may have any
information on the whereabouts of Ret. Maj. Gen. Jovito Palparan and
Sergeant Rizal Hilario to contact the National Bureau of Investigation
(5238231 to 38) or Karapatan (4354146).
"Please continue to join us in this crusade for justice," Portajada
concluded. ###
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PUBLIC INFORMATION DESK
publicinfo@karapatan.org
---------------------------------------------------------------------
Alliance for the Advancement of People's Rights
2nd Flr. Erythrina Bldg., #1 Maaralin corner Matatag Sts., Central
District
Diliman, Quezon City, PHILIPPINES 1101
Telefax: (+63 2) 4354146
Web: http://www.karapatan.org
KARAPATAN is an alliance of human rights organizations and programs, human
rights desks and committees of people’s organizations, and individual
advocates committed to the defense and promotion of people’s rights and
civil liberties. It monitors and documents cases of human rights
violations, assists and defends victims and conducts education, training
and campaign.
x
Karapatan to P-Noy government:
Search the military camps for Palparan Submitted on Tue, 12/27/2011 -
15:15 Karapatan National Press release
Karapatan calls on the
government teams tasked to find the fugitive Ret. Major General Palparan
to search the military camps in the country. “In a sudden twist of fate,
he might be seeking refuge in the same camps where Karen, Sherlyn and
other victims of enforced disappearances were held and tortured,” said
Jigs Clamor, secretary general of Karapatan.
“We won’t be surprised if Palparan’s co-implementers of Oplan Bantay Laya
are coddling him as they are like-minded. The AFP admires Palparan for his
role in the government’s insurgency program. It is likely that Palparan
will seek refuge in the same structure that nurtured his fangs, with
people of the same mindset that implemented the OBL and are now
implementing the Oplan Bayanihan,” added Clamor.
Clamor said that, “Palparan brazenly lied when he said that he will face
the charges against him. After the Branch 14 of the Malolos Regional Trial
Court took cognizance of the case and after the issuance of the warrants
of arrest and now the hold departure order, the Butcher seemed to have
eaten his words.”
A news report aired on television showed Palparan wearing a cap, shades
and a jacket at the immigration counter. “The butcher hid from the airport
CCTV cameras and tried to sneak out of the country. Palparan’s failed
attempt to escape drags him nowhere but to hiding. With absolute
cowardice, the arrogant general who boasts of his counter-insurgency
campaigns is now on the run,” said Clamor.
Palparan was responsible for the string of extrajudicial killings,
enforced disappearances and other forms of human rights violations during
the Arroyo administration.
“He must come out and answer for his crimes. He must rot in jail. However,
the apprehension of Palparan does not guarantee that impunity will no
longer exist. As long as this government continues to implement
counter-insurgency program, such as the Oplan Bayanihan, human rights
violations persists and the people will surely go after its implementers,”
concluded Clamor. ###
Asher and Erlinda Cadapan,
parents of abducted UP student Sherlyn
=
==
Wanted poster on taxi
x
NEWS RELEASE
December 23, 2011
Reference: Cristina Palabay, End Impunity Convenor (09175003879)
RIGHTS ALLIANCE CALL ON NETIZENS TO SUPPORT
CALL FOR JUSTICE, ASKS TO POST "WANTED: PALPARAN" POSTERS ON THEIR
PROFILES
The End Impunity Alliance, a network of victims of human rights
violations, human rights defenders and civil libertarians, today called on
all netizens, especially Facebook users, to help the mothers of Sherlyn
Cadapan and Karen Empeno to attain justice for their missing daughters by
participating in the “People’s Manhunt” for Ret. Major General Jovito
Palparan and his co-accused M/Sgt. Rizal Hilario through posting on their
profiles the “Wanted: Palparan” poster released by Karapatan,
Desaparecidos and Hustisya. (poster attached)
“The internet is venue for supporting many causes including this very
important quest for justice of the mothers of the two disappeared UP
students. All netizens are enjoined to post this poster on their profiles
to make known to internet users the face and name of this notorious human
rights violator and seek information on his whereabouts to cause his
immediate arrest,” said Cristina Palabay, convenor of End Impunity
Alliance.
The call for “People’s Manhunt” was issued by the mothers last December
21, after warrants of arrest were issued by Branch 14 of the Malolos City
Regional Trial Court in Bulacan. The warrants came after the Department of
Justice found probable cause on the charges of kidnapping and serious
illegal detention filed by Erlinda Cadapan and Concepcion Empeno, mothers
of the 2 UP students. The criminal case was filed by the mothers in May
2011.
On December 19, Palparan was not allowed to take the flight from Clark
International Airport to Singapore. The Bureau of Immigration likewise
released a hold departure order for Palparan and his cohorts. Two of
Palparan’s co-accused, Lt. Col. Felipe Anotado and Staff Sergeant Edgardo
Osorio have surrendered to authorities, while Palparan and Hilario remains
at large.
In using the poster in their profiles, netizens are also requested to post
this short note: “Support the call of Sherlyn and Karen's mothers for a
PEOPLE'S MANHUNT for Palparan! JAIL PALPARAN! JUSTICE FOR ALL VICTIMS OF
HUMAN RIGHTS VIOLATIONS! Use this profile picture to spread the word about
the need to arrest one of the most notorious human rights violators.”
“Three days after the warrants of arrest against Palparan et al, he has
evaded accountability by trying to leave the country and by being a
fugitive. We call on the public to help the victims’ mothers by giving
information which is not only an exercise of vigilance and compassion, but
an act, however small it may be, in making perpetrators pay for their high
crimes against the victims and the Filipino people. Ending impunity in the
country, when state institutions have been remiss in pursuing justice and
accountability, rests on the people’s advocacy and struggle for genuine
democracy and freedom,” Palabay further said.
Photo by KARAPATAN
Photo by KARAPATAN
Statement from the UP Student Regent:
On the search for Palparan and for justice
28 December 2011
Reference: Krissy Conti, 09165435216
The UP student community joins Philippine human rights defenders in the
search for Ret. Maj. Gen. Jovito Palparan and his co-accused in the crime
of kidnapping with serious illegal detention of our fellow students Karen
Empeno and Sherlyn Cadapan.
Palparan et al’s arrest and detention in ordinary jails would give us a
little peace of mind as we continue to conduct field work, immerse in
communities, and serve the people where we can find them – the same way
Karen and Sherlyn did. We have no bounty to offer, but to those who can
bring in the men who terrorized the countryside have our deepest
gratitude.
As we witness, in practice, the rule of law, we can only but remember the
plight of other UP students and alumni. James Balao, missing since 2008,
empowered indigenous peoples to defend their homelands from the greedy.
Maricon Montajes and Ericson Acosta, detained on trumped up charges, are
also two of our own who sought to change our society from the bottom up.
The way now to give dignity to their pain and suffering is to stand behind
their mothers, their families, friends, and most poignantly, to declare
ourselves one family, from the one University that we all call home.
=============
We are inviting members of our "UP family" to join the prosecution oppose
Palparan's motion for a new preliminary investigation, recall the warrant
of arrest and hold departure order and suspend proceedings. Contact Krissy
Conti for the trip to Malolos, Bulacan RTC branch 14 on Monday, 2 January
2011, 10am.
x
Mothers of missing UP students call for people's
manhunt for Palparan Submitted on Wed, 12/21/2011 -
14:04 Desaparecidos National Press release
We welcome the issuance of
warrants of arrest for Ret. Major General Jovito Palparan, Lt. Col. Felipe
Anotado, Master Sergeant Rizal Hilario, and Staff Sergeant Edgardo Osorio
for charges of kidnapping and serious illegal detention of our daughters,
Sherlyn Cadapan and Karen Empeno.
The Department of Justice resolution finding probable cause against them
on these charges is a product of our arduous and persevering struggle for
justice and to end impunity in the country. For us, it also signifies the
start of a long and rigorous trial to hold Palparan and other human rights
violators accountable.
Such impunity is wrought by the brazen commission of extrajudicial
killings, enforced disappearances, torture and other forms of human rights
violations under the Macapagal-Arroyo regime. Such violations continue
with impunity to this date under the Aquino administration, which has been
remiss in pursuing justice for the victims and has sustained the same kind
of counter-insurgency measure which terrorizes and wantonly violates human
rights.
We emphasize that this significant victory is to the credit of the victims
of human rights violations and their kin, the survivor-witnesses, human
rights defenders, the people’s movement and the freedom-loving Filipino
people – we who have kept and held the torch of justice flaming even
during the darkest hours.
We call on our kababayans to help us continue this journey to achieve
justice. We call on the public, with the warrants of arrest issued against
Palparan et al, to join us in this public manhunt to ensure that he and
his cohorts be immediately arrested, put to jail and prosecuted for the
grave human rights violations they committed. We urge you to remain one
with us in demanding that Karen, Sherlyn and all victims of enforced
disappearances be surfaced.
We shall remain steadfast in our struggle for justice and realization of
human rights in the country, as we make all human rights violators,
including former Pres. Gloria Macapagal-Arroyo and top civil, military and
police officials accountable for their high crimes against the people.###
Erlinda Cadapan - mother of missing
UP student Sherlyn Photos by KARAPaTAN
]
Musings over Palparan by Karlos Manlupig
One would visualize a butcher as a person covered with blood after
meticulously chopping and carving an animal in a slaughterhouse. For a man
to be labeled a butcher, that person must have done something really
brutal. “Berdugo” in the native language, “butcher” is by and large used
to tag someone who has the reputation to have a hand in a series of
massacres and other fascist acts.
A retired General and now a party-list Representative, Jovito Palparan is
notorious as the epitome of fascism in the country. Execrated by the
people, Palparan is now again on the loose to sow fear, deception and
murders in Davao.
The Making of a Murderous Psychopath
Born in Cagayan de Oro City, Palparan studied in the University of the
East and expeditiously rose to the ranks of the Armed Forces of the
Philippines. He was called to active duty in the AFP in 1973 and served as
a lieutenant in Basilan for eight years. Palparan was reportedly wounded
during an encounter with armed guerillas belonging to the Moro National
Liberation Front.
After his stint in Basilan, he was promoted to become the commander of the
24th Infantry Battallion bringing with him his McCarthyist antics of
terrorism spilling blood all over the National Capital Region as early as
1987. In his delusion to crush the legal progressive and underground
movement, Palparan’s barbaric exploits caused the death of countless
lives.
Palparan then emerged in the center stage as one of the prized weapons of
mass deception and destruction of the government against the people’s
movement for national liberation and democracy. His expertise includes
summary executions, abductions, tortures, harassments, indiscriminate
bombing and strafing, enforced disappearances and brainwashing through
black propaganda.
Reports recorded by human rights group Karapatan identified 39 cases of
extra-judicial killings, 11 failed killings and 5 enforced disappearances
in his stint in the Southern Tagalog Region. Palparan was transferred as
commander of the 8th Infantry Division in Samar and there he raised the
record of 25 extra-judicial killings, 9 failed killings, and 12 enforced
disappearances. Some 7,250 individuals, 5,223 families at 141 communities
fell victim to intensified militarization. And as the commanding general
of the 7th Infantry Division assigned in Central Luzon, he collected 77
bodybags of victims of extra-judicial killings, 15 attempted murders and
42 enforced disappearances.
One of the highlighted cases of Palparan’s malfeasance is the abduction of
University of the Philippines student leaders Karen Empeño and Sheryl
Cadapan and peasant Manuel Merino in Bulacan. The abduction created uproar
from the UP community, human rights organizations, civil society and even
from groups abroad. The statement of the Manolo brothers who were also
abducted by the military and managed to escape reinforced the evidences.
According to sworn statement of Raymond Manolo, they were detained with
Karen, Sheryl and Manuel in a military camp in Bulacan. Raymond was able
to have a discussion with them and witnessed how Sheryl attempted to
escape. The military agents went berserk when they found out about
Sheryl’s plan. “They delivered heavy punches to the whole of Sheryl and
Karenís bodies, their mouths bled, they were hanged upside down with only
one foot tied while naked. Then the military poured water in their
nostrils,” Manolo affirmed in his sworn statement.
The numbers are enough to attest that Palparan is indeed a murderous
psychopath. His atrocities caused an international alarm stirring the New
York-based Human Rights Watch (HRW) and the United Nations to conduct an
investigation. The Phillip Alston Report and HRW concluded that Jovito
Palparan is liable for the countless cases of human rights violations in
the Philippines. The Melo Commission created in 2006 also concluded that
“there is certainly evidence pointing the finger of suspicion at some
elements and personalities in the armed forces, in particular General
Palparan, as responsible for an undetermined number of killings, by
allowing, tolerating, and even encouraging the killings.”
Palparan takes pride over his so-called exploits: “The killings are being
attributed to me. But I did not kill them. I just inspire the triggermen.”
By praising Palparan, Arroyo is sending an unambiguous message. That her
administration rewards, not penalizes, those who participate and promote
the murders of those regarded as oppositions, leftists and communists.
Tito Palpy
Student activists, as a joke, refer to Palparan as Tito Palpy and usually
use it to scare some kasamas when they go home late, “Hala ka, naa baya si
Tito Palpy diha sa gawas sa gate. Ginahulat ka.”
Just a few months away from the first automated election in our country,
the Davao region is under threat by the presence of the “Butcher” and his
brainwashing buddy Pastor “Jun” Alcover. Their mission- to demonize the
MAKABAYAN senatoriables Satur Ocampo and Liza Maza and party-lists Bayan
Muna, Anakpawis, Gabriela, Kabataan, ACT and Katribu and disenfranchise
the legitimate struggle of the Filipino people.
The pronouncement of Palparan and Prospero Nograles to team-up against the
Left and Mayor Rodrigo Duterte is preposterous. Palparan said in a press
conference in Davao City that Mayor Duterte has “ties” with the
communists. “Intelligence officers of the military told me to be wary of
Mayor Duterte”, Palparan told the local media. The political interest of
Nograles reinforced by Palparan’s militarist and terrorist approach will
only spell out chaos in Davao City.
The deployment and installation of the 69th Infantry Battalion of the AFP
last August 27, 2009 in Davao is clearly part of the maneuvering of the
government to further terrorize Mindanao. Referred to by some as the
“Palparan Battalion”, the 69th IB originally came from Central Luzon under
the 7th ID, the division-cum-killing machine led by Palparan before his
so-called retirement in September 2006.
The “Palparan Battalion” is a band of gun-for-hires involved in the brutal
massacre in Hacienda Luisita and the abduction of Jonas Burgos.
In the last futile attempts of the US-backed Arroyo administration to
crush the people’s liberation movement, it is crystal clear that their
turgid Oplan Bantay Laya 2 (OBL 2) is bound to fail. Suffering tremendous
blows from the people movement and offensives launched by the New People’s
Army particularly in Southern Mindanao, the government is frantic in
sending the best of the beasts to save their sinking ship.
Dead Man Walking
“It was the best of times, it was the worst of times”, a line borrowed
from the book A Tale of Two Cities perfectly describes the political
scenario in the Philippines.
This is the worst of times because the people are under attack. The
election is only a few months away and Arroyo and her deadly minions,
Palparan and Nograles, are on a killing spree. Democracy, justice and
peace are fiction. If student leaders Karen and Sheryl were easily
dragged, tortured and raped by state agents, then no place is safe for the
youth anymore.
This is the best of times because the condition is very ripe for a huge
leap in the progress of the people’s struggle. This times calls for the
people to unite and resist against the evils that desire to destroy our
dream for a better future. We want change. The times calls for the youth
to prove that we want change, genuine change, and that we really are, as
Rizal declared, as the hope of the nation.
The day of reckoning is about to come. Palparan is a dead man walking.No
title, not General, Congressman, not even Senator, will make Jovito
Palparan an honorable man.
Soon, Palparan’s atrocities will catch up with him and the Butcher will
suffer the bitter end he deserves. Like stories written in books, some
characters will live happily ever after and some will face the consequence
of their evil deeds.
The “Berdugo” will surely face the wrath of the people and will forever be
in the dark pages of our history. And the people, through the advancement
of the national democratic struggle, will harvest the hard-won fruits of
their labor- a society without injustice and exploitation.
Erlinda Cadapan, mother of
missing UP student Sherlyn
Asher Cadapan, father of
missing UP student Sherlyn
Gurley Padilla of Ecumenical
Movement for Justice and Peace
Aya Santos, daughter of missing NDFP
consultant Leo Velasco
CITY OF SAN FERNANDO, Philippines–A fugitive from the law for six days
now, retired Major General Jovito Palparan finds himself besieged on many
fronts.
The National Bureau of Investigation and the Philippine National Police
are after Palparan to make him and three soldiers stand trial for the
kidnapping and subsequent disappearance of two University of the
Philippines students in Hagonoy, Bulacan, in 2006.
LA TRINIDAD, Benguet – Indigenous peoples in the Cordillera are pushing
for the arrest and detention of General Jovito Palparan believed to be
behind the torture and death of many highland leaders.
Beverly Longid of the KATRIBU party-list said, “The PNP (Philippine
National Police) manhunt should continue despite his surrender feelers and
the surrender of his cohorts. The government should not also give him any
special treatment and privilege.”
Longid said Palparan was assigned to the Cordilleras from 1991 to 1994 and
has been pointed out as the mastermind in the torture and killing of
Marcelo Fakilang.
MANILA, Philippines --
Militant groups Karapatan and Desaparecidos spearheaded the posting of
"Wanted Palparan" posters in Quezon City today in a bid to arrest elusive
Army general Jovito Palparan Jr.
In a statement, Karapatan secretary-general Jigs Clamor urged to
government to search the fugitive retired military official inside
military camps in the country.
“We won’t be surprised if Palparan’s co-implementers of Oplan Bantay Laya
are coddling him as they are like-minded," he added.
MANILA, Philippines - The Department of the Interior and Local Government
(DILG) and the Philippine National Police (PNP) are offering a reward
money of half a million pesos for anyone who will be able to provide
information that will lead to the arrest of retired Maj. Gen. Jovito
Palparan.
This was bared by
Justice Sec. Leila De Lima in a text message to ABS-CBN News.
Palparan remains
at large in spite of the issuance of a warrant for his arrest by a Bulacan
trial court for the kidnapping and serious illegal detention of University
of the Philippines (UP) student activists Sherlyn Cadapan and Karen Empeno
in June 2006.
It took all of five and a half years to get the wheels of justice turning
against Jovito Palparan, and now they seem to have ground to a halt—but we
hope, very briefly.
The retired Army major general is one of the principal accused in the
disappearance of Sherlyn Cadapan and Karen Empeño, both students of the
University of the Philippines, who were abducted in Bulacan in June 2006
allegedly by soldiers belonging to the 7th Infantry Division then headed
by Palparan. The student activists were suspected of being members of the
communist New People’s Army
VIDEO
NEWS RELEASE
December 28, 2011
Reference: Cristina Palabay, End Impunity Convenor (09175003879)
RIGHTS ALLIANCE ON THE ARMY CUSTODY OF PALPARAN’S 2 CO-ACCUSED AND
PALPARAN’S MOTION TO RECALL ARREST WARRANT
The End Impunity Alliance, a network of victims of rights violations,
human rights defenders and civil libertarians, today criticized the
transfer of custody of the two co-accused perpetrators in the kidnapping
and serious illegal detention charges against Ret. Major General Jovito
Palparan from the Bulacan Provincial Jail to Fort Bonifacio.
Cristina Palabay, convenor of the alliance, said this move is highly
irregular as both should remain in an ordinary civilian detention
facility, not in the comfortable confines of their military camps. She
said this was done without the knowledge of the complainants, the mothers
of Sherlyn Cadapan and Karen Empeno, and their counsels.
“We decry this form of special treatment, as if the undue delay of the
arrests of Palparan and Hilario is not disturbing enough. We demand that
they be brought to a civilian detention facility and that Palparan and
Hilario be immediately arrested and jailed in a similar institution,” she
commented.
According to reports, Lt. Col. Felipe Anotado and S/Sgt Edgardo Osorio are
currently in the custody of the Philippine Army, while Palparan and M/Sgt.
Rizal Hilario remain at large, after warrants of arrest were issued
against them.
Palabay also branded Palparan’s motion in court to recall the arrest
warrant and hold-departure order against him “a cheap shot of a guilty
criminal who is known to notoriously distort facts to evade accountability
and prosecution.”
“The facts as presented by the witnesses, who are also victims-survivors,
in the Cadapan-Empeno case are as clear as day. This case is just one of
the numerous cases of rights violations perpetuated by Palparan and his
ilk, with counter-insurgency program Oplan Bantay Laya as their blueprint
and inspired by the accolades and promotion given by former Pres. Gloria
Arroyo during her rule,” she added.
Reports recorded by human rights group Karapatan cited 39 cases of
extra-judicial killings, 11 attempted killings and 5 enforced
disappearances in his stint in the Southern Tagalog Region. Palparan was
transferred as commander of the 8th Infantry Division in Samar where he
raised the record of 25 extra-judicial killings, 9 attempted killings, and
12 enforced disappearances. Some 7,250 individuals, 5,223 families in 141
communities fell victims to intensified militarization. As commanding
general of the 7th Infantry Division assigned in Central Luzon, Karapatan
has documented 77 victims of extra-judicial killings, 15 attempted
killings and 42 enforced disappearances.
“His record speaks for him, his statements betray his guilt, and his
motives are laid bare to the public including the international
community,” Palabay concluded
Press Statement
December 28, 2011
2 suspects in missing students case back ‘at home’
Private prosecutors disturbed, agitated over transfer of custody of 2
accused to the army
The panel of private prosecutors from the National Union of Peoples’
Lawyers (NUPL) handling the case of the two missing UP students Karen
Empeño and Sherlyn Cadapan on the reported transfer to the custody of the
Philippine Army of the two co-accused of Ret. Maj. Gen. Jovito Palparan:
“We are disturbed and agitated to have just learned from news reports that
two of the accused in the case of the 2 missing UP students, Lt. Col.
Felipe Anotado and S/Sgt. Edgardo Osorio, were transferred over the
weekend to Fort Bonifacio and taken into custody by the army.
This is unacceptable. It was done without us being notified at all. We
were totally clueless about this. They pulled a fast one again. This will
definitely not sit well with a lot of people. It will further enrage the
victims, their families, human rights defenders and the public if the same
arrangement happens to Palparan should he be arrested, if at all.
The transfer of their custody to the army does not inspire confidence in
our justice system. It practically means they will be ‘at home’ in the
good company and graces of their own who will coddle and cuddle them. It
dilutes the significant gain of making the perpetrators of human rights
violations accountable and to be treated without any special
accommodation. All of the accused in the disappearance of Karen Empeño and
Sherlyn Cadapan must be jailed in an ordinary civilian penal facility.”
Reference: Atty. Edre U. Olalia, NUPL Secretary General (09175113373)
---------------------------------------------
Press Statement
December 27, 2011
Private prosecutors in case of 2 missing UP students welcome bounty for
immediate arrest of Palparan
The National Union of Peoples’ Lawyers (NUPL) welcomes the P500,000 bounty
put up by authorities for any information leading to the arrest of Ret.
Maj. Gen. Jovito Palparan. If it will be an additional incentive to bring
in a fugitive running scared and in denial that the time of reckoning has
come and who must be held accountable for other crimes against humanity
and international humanitarian law pending or about to be filed in the
courts, then so be it. Any legitimate effort to further inform the public
to turn him in is fine.
At the end of the day, with all its powers, machinery and resources, it is
incumbent on the government to arrest forthwith and bring before the bar
of justice the highest military officer to be ever indicted for human
rights violations in the country. He must be reunited with his avid fan,
former President Gloria Macapagal-Arroyo, in an ordinary jailhouse sooner
than later.
Reference: Atty. Edre U. Olalia, NUPL Secretary General (09175113373)
--
National Secretariat
National Union of Peoples' Lawyers(NUPL)
3F Erythrina Bldg., Maaralin corner Matatag Sts. Central District,Quezon
City, Philippines
Tel.No.920-6660,Telefax No. 927- 2812
Email addresses:nupl2007@gmail.com and nuplphilippines@yahoo.com
"Visit the NUPL at http://www.nupl.net/
Passion For Reason Palparan and the ‘desaparecidos’: ‘Nunca Más’ By: Raul C. Pangalangan
Philippine Daily Inquirer
10:46 pm | Thursday, December 29th, 2011
Retired Maj. Gen. Jovito Palparan wants to have his cake and eat it too.
If he truly wishes to avoid “trial by publicity,” he should surrender to
the courts and there face the music. Otherwise, he would have evaded trial
altogether, before both the courts of justice and before the court of
public opinion. In fact, it is most telling that he stands charged only
now for a 2006 incident, and merely with kidnapping and serious illegal
detention for what are essentially “enforced disappearances.”
Lest people forget, “desaparecidos” entered the jargon of human rights
only in the 1970s. While dissidents may have “disappeared” earlier in
history, it was only in the 1970s that the phenomenon emerged in Latin
America as part of the strategy of repression by dictators, almost at the
same time that it did in the Philippines when we were under martial law.
The Latinos called it desaparecidos, while we called it “salvaging.” (I
recall a foreign human rights intern who later published an essay on this
strange term, “salvaging,” that he encountered during his summer in the
Philippines.)
The phenomenon changed linguistic practices as well. Hitherto, “to
disappear” had been an intransitive verb, but today it can be used
transitively as well. Whereas before we would say that Sherlyn Cadapan and
Karen Empeño have disappeared, today the more accurate phraseology, one
that captures the essence of disappearances, would say that Sherlyn and
Karen “were disappeared.” The perpetrators have disappeared them, rather
than made them disappear.
Disappearances exploit the law itself to short-circuit our justice system
and frustrate the law’s remedies and safeguards. The usual remedy is the
writ of habeas corpus (Latin for “You have the body”), by which a court
commands government to produce the prisoner so that the court may rule on
the legality of his arrest and custody. With disappearances, the
government’s security forces can merely shrug off the habeas corpus
petition by simply denying that the person was ever in their custody. The
Court of Appeals, when it initially threw out the habeas corpus petition
explained: “[T]he courts have limited powers, means and resources to
conduct an investigation.”
This brings us to the second lesson. That it took more than five years for
the criminal case to be filed reminds us why we must choose government
leaders who have the political will to run after the evil men who in the
first place devised and eventually carried out the desaparecido strategy
of neutralizing dissidents. We cannot rely solely upon the courts to run
after criminals. We need the support of the Executive Branch, with its
investigative and intelligence network, to ferret them out.
Thus the initial treatment of habeas corpus petition filed by the families
of the two University of the Philippines activists, Sherlyn Cadapan and
Karen Empeño. At 2 a.m. on June 26, 2006, they were seen being herded
“tied and blindfolded” by “armed men wearing bonnets” and boarded on a
jeep. The Court of Appeals initially threw out the case, saying that
“habeas corpus is not the appropriate remedy” since there was “no strong
evidence that the missing persons are in the custody of the respondents.”
When the respondent military officers reported that neither Sherlyn nor
Karen was in their custody, they had thus made a proper return upon the
writ.
The Court of Appeals reversed that finding only after the victims’
families moved to reconsider and likewise petitioned for a writ of amparo,
a new remedy created by then Chief Justice Reynato Puno in 2007 to
confront precisely this problem of deniability in desaparecido cases. The
puzzle was solved by the eyewitness testimony of Raymond Manalo who,
together with his brother Reynaldo, was kidnapped by the military. They
both managed to escape and lived to tell their tale.
The Supreme Court would summarize his testimony: “The next day, Raymond’s
chains were removed and he was ordered to clean outside the barracks. … He
was also ordered to clean inside the barracks. In one of the rooms
therein, he met Sherlyn Cadapan from Laguna. She told him that she was a
student of the University of the Philippines and was abducted in Hagonoy,
Bulacan. She confided that she had been subjected to severe torture and
raped. She was crying and longing to go home and be with her parents.
During the day, her chains were removed and she was made to do the
laundry.”
“After a week, Reynaldo was also brought to Camp Tecson. Two days from his
arrival, two other captives, Karen Empeño and Manuel Merino, arrived.
Karen and Manuel were put in the room with ‘Allan’ whose name they later
came to know as Donald Caigas, called ‘master’ or ‘commander’ by his men
in the 24th Infantry Battalion. Raymond and Reynaldo were put in the
adjoining room. At times, Raymond and Reynaldo were threatened, and
Reynaldo was beaten up. In the daytime, their chains were removed, but
were put back on at night. They were threatened that if they escaped,
their families would all be killed.”
The UN Special Rapporteur on Extra-Judicial Killings called Gloria
Macapagal-Arroyo’s response to this problem “a passivity bordering on
abdication of responsibility.” The recent transfer of Palparan’s
co-accused from civilian to military custody is worrisome because it shows
a persistent tendency to see this case as if it were business as usual,
amid a fear that any undue attention will amount to unequal treatment. On
the contrary, the case calls for our continued vigilance. After the
restoration of democracy in Argentina, they formed a national commission
on the desaparecidos whose widely regarded report was entitled “Nunca Más”
(Never Again). The typical Pinoy doesn’t speak Spanish, but one day we
should be able to join our Latin compañeros in proclaiming: Nunca Más.