Philippines: Extra-judicial killing of Mr. Menelao "Boy" Barcia

09/05/2014
Urgent Appeal

The Observatory has been informed by the Task Force Detainees of the Philippines (TFDP), the Medical Action Group (MAG) and the Alliance for Advancement of People’s Rights (KARAPATAN) about the extra-judicial killing of Mr. Menelao "Boy" Barcia, a farmer leader, Barangay Councillor and a leader of the Alliance of United People of Hacienda Dolores (Alyansa ng Nagkakaisang Mamamayan ng Hacienda Dolores - ANIBAN)[1], in Porac, Pampanga province.

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in The Philippines.

Brief description of the situation:

According to the information received, on May 2, 2014, at around 9 p.m, Mr. Menelao "Boy" Barcia picked up his wife Maria at a gas station in Angeles City where she worked. While driving their jeep back to Barangay Hacienda Dolores, four men on two motorcycles drove alongside them. The men fired at Mr. Barcia’s vehicle. Mr. Barcia sustained four gunshot wounds - three in the chest and one at the back of his head - and was rushed to the hospital, where he was declared dead on arrival. His wife survived the attack with gunshots in her foot that need surgery.

Mr. Barcia was organising the farmers of Hacienda Dolores against LLL Holdings Incorporated (LLHI) and FL properties and Management Corporation (now Terrafirma Holdings Inc.), which claim ownership of their ancestral domain.

The Observatory condemns in the strongest term the extra-judicial killing of Mr. Menelao "Boy" Barcia, and calls upon the authorities of the Philippines to conduct an immediate, thorough, effective, and impartial investigation in order to identify all those responsible, bring them before a civil competent and impartial tribunal and apply the penal sanctions provided by the law.

Action requested:

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

i. Guarantee in all circumstances the physical and psychological integrity of all human rights defenders in the Philippines;

ii. Order an immediate, thorough, transparent, effective and impartial investigation into the extra-judicial killing of Mr. Menelao "Boy" Barcia in order to identify all those responsible, bring them before an independent tribunal, and apply them the sanctions provided by the law;

iii. Provide adequate reparation and compensation to Mr. Menelao "Boy" Barcia’s relatives;

iv. Put an end to any kind of harassment against all human rights defenders in the Philippines and ensure in all circumstances that they are able to carry out their legitimate activities without any hindrance and fear of reprisals;

v. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially regarding the following Articles:
 Article 1: everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels;
 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 his or her rights [...];

vi. Ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by the Philippines.

Addresses:

· Hon. Benigno Simeon Aquino III, President, Republic of the Philippines, Malacañang Palace, JP Laurel Street, San Miguel, Manila 1005, Philippines; Fax: +63 2 736 1010 / (+632) 742-1641 / 929-3968; E-mail: corres@op.gov.ph / opnet@ops.gov.ph / op@president.gov.ph
· Sec. Teresita Quintos-Deles, Presidential Adviser on the Peace Process, Office of the Presidential Adviser on the Peace Process (OPAPP), 7th Floor Agustin Building I, Emerald Avenue, Pasig City 1605, Philippines. Fax:+63 (2) 638 2216. Email: stqd.papp@opapp.gov.ph
· Vice President Jejomar C. Binay, Chairperson Housing and Urban Development Coordinating Council (HUDCC), BDO Plaza, 8737 Paseo De Roxas St, Makati City, Philippines. Fax: +63 2 811 4158 Email: info@hudcc.gov.ph
· Ret. Lt. Gen. Voltaire T. Gazmin, Secretary, Department of National Defence, Room 301 DND Building, Camp Emilio Aguinaldo, E. de los Santos Avenue, Quezon City, Philippines. Fax:+63(2) 982-5600. Email: osnd@philonline.com, dnd.opla@gmail.com
· Atty. Leila De Lima, Secretary, Department of Justice, Padre Faura St., Manila, Philippines. Fax: (+632) 523-9548. Email: lmdelima@doj.gov.ph, lmdelima.doj@gmail.com, lmdelima.doj2@gmail.com
· Chairperson Loretta Ann P. Rosales, Commission on Human Rights (CHR), SAAC Bldg., Commonwealth Avenue, U.P. Complex, Diliman, Quezon City, Philippines; Fax: +63 2929 0102; E-mail: chair.rosales.chr@gmail.com / lorettann@gmail.com
· Police Director General Alan LA Madrid Purisima, Chief, Philippine National Police, Camp General Rafael Crame, Quezon City, Philippines; Fax: (+63) 2 724 8763/ (+63) 2 723 0401; E-mail: feedback@pnp.gov.ph
· H.E. Ms. Cecilia B. Rebong, Ambassador, Permanent Mission of Philippines to the United Nations. 47, Avenue Blanc, 1202 Geneva 19. Switzerland. Fax: (+41) (0) 22 716 19 32. E-mail: geneva.pm@dfa.gov.ph

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

***
Geneva-Paris, May 8, 2014

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, an OMCT and FIDH venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

To contact the Observatory, call the emergency line:
• E-mail: Appeals@fidh-omct.org
• Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29
• Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80


[1] ANIBAN is a group that claims ownership of Hacienda Dolores by virtue of the Comprehensive Agrarian Reform Program (CARP).

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