Effect given to the recommendations of the committee and the Governing Body - Report No 392, October 2020

Effect given to the recommendations of the committee and the Governing Body

1. 130. The Committee last examined this case, submitted in October 2006, at its October 2015 meeting [see 376th Report, paras 92–102]. On that occasion, the Committee:
2. 1. Once again urged the Government to do its utmost to ensure expeditious investigation of all the unresolved cases of murder of trade union members and leaders, and to ensure that the perpetrators are brought to justice. It once again requested the Government to keep it informed of developments in the procedure of indictment of General Palparan for failing to prevent, punish or condemn killings that took place under his command responsibility.
3. 2. Reiterated its firm expectation that the Government take expeditious and effective measures to ensure the investigation, prosecution and trial of cases of abduction and enforced disappearance and to keep it informed of the steps taken and the relevant court rulings; and to provide information on the progress made in the adoption of the Bill concerning enforced and involuntary disappearances or any other relevant legislative measures.
4. 3. Once again requested the Government to provide information on the eventual progress made in ensuring the full and swift resolution by the Commission on Human Rights (CHR) of the remaining alleged cases of harassment and intimidation.
5. 4. Once again requested the Government to keep it informed of the review by the Supreme Court and the CHR of the witness protection programme on the writ of amparo adopted in 2007; on any application of the Anti-Torture Act No. 9745, as well as of Act No. 9851 on crimes against international humanitarian law, genocide and other crimes against humanity.
6. 5. Urged the Government to provide further specific information in relation to the allegations of illegal arrest and detention regarding the AMADO-KADENA officers and members; the 250 workers of a food and beverage company in Cabuyao; and the 72 persons in Calapan City, Mindoro Oriental, of which 12 are trade union leaders and advocates; to take all necessary measures so as to ensure that the investigation and judicial examination of all cases of illegal arrest and detention proceed in full independence and without further delay, so as to shed full light on the current situation of those concerned and the circumstances surrounding their arrest. The Committee also requested the Government to communicate the texts of any judgments handed down in the above cases, together with the grounds adduced therefore; and to keep it informed of the outcome of the cases against 19 workers of a home decor producing factory.
7. 131. The Government provides its observations in a communication dated 1 October 2019. It reiterates information provided previously, indicating that out of the 39 cases of extra-judicial killings under this case, four had been endorsed by the National Tripartite Industrial Peace Council-Monitoring Body (NTIPC-MB) to the Supreme Court to be prioritized for prosecution and resolution and have already been resolved; and only six other cases had been identified as Administrative Order No. 35 (AO 35) cases, in particular concerning Diosdado Fortuna, Florante Collantes, Paquito Díaz, Abelardo Ladera, Samuel Bandilla and Tirso Cruz. The Government indicates that these cases have been assigned to the different Inter-Agency Committee (IAC) structures, including special investigation teams, special investigation team for unresolved cases and special oversight team, for case build-up and constant monitoring:
8. 1. The case of Diosdado Fortuna: An AO 35 special investigation team had been created but no useful leads were found and the team therefore recommended this case for closure. A special oversight team approved this recommendation in April 2014.
9. 2. The case of Florante Collantes: The special investigation team indicated that the witness who could provide description of the gunman refused to do so. In May 2014, the special oversight team approved the report and recommendation to close the case, also taking into account the wish of the deceased’s wife who feared for her life and for her family. The CHR has also investigated the case but with little progress.
10. 3. The case of Paquito Diaz: The case had been previously dismissed by the Office of the Prosecutor. An AO 35 special investigation team was created but no eyewitness has come forward to identify the gunman. In December 2016, the special oversight team recommended the continuation of the investigation.
11. 4. The case of Abelardo Ladera: The case had been dismissed by the Office of the Prosecutor for lack of probable cause. In December 2016, the special oversight team recommended to refer the case to a special tracker team and to the appropriate government agencies (the Public Attorney’s Office and the CHR).
12. 5. The case of Samuel Bandilla: The case had been dismissed by the Office of the Prosecutor but a re-investigation has been ordered.
13. 6. The case of Tirso Cruz: The case had been dismissed by the local prosecutor due to the lack of interest of the complainant but was later prioritized by the special oversight team, particularly in the assessment of possible deficiencies in the prosecution.
14. 132. The Committee takes note of the information provided by the Government and recalls that the present case concerns allegations of killings, grave threats, continuous harassment, intimidation and other forms of violence inflicted on union leaders, members, organizers, supporters and labour advocates.
15. 133. With regard to the investigations of the unresolved cases of murder of trade union members and leaders, the Committee notes that the Government reiterates that out of the 39 cases of reported extra-judicial killings, four had been previously resolved by the Supreme Court (two with a conviction) and six other cases were considered as AO 35 cases, out of which two were recommended for closure (Diosdado Fortuna and Florante Collantes) and four are at different stages of investigation or verification by the relevant teams (Paquito Díaz, Abelardo Ladera, Samuel Bandilla and Tirso Cruz). While taking due note of the updated information and recalling that 20 cases had been previously closed [see 370th Report, October 2013, para. 76(iv)], the Committee regrets that the Government does not provide details as to the developments in the investigations into the other unresolved cases [see 370th Report, October 2013, paras 76(ii)–(iii) and 82], especially considering its previous indication that the IAC was in the process of re-evaluating the cases to determine whether they fell under the AO 35. The Committee also regrets to observe that very few cases have led to convictions of the perpetrators and that, despite the time that has elapsed since the killings occurred, not all cases have yet been concluded. In particular, the Committee once again deeply regrets that the Government does not provide any information on the eventual progress made in the investigation and resolution of the case of John Jun David et al., pertaining to the November 2004 Hacienda Luisita incident that claimed the lives of at least seven trade union leaders and members (Jhaivie Basilio, Adriano Caballero, Jun David, Jesus Laza, Jaime Pastidio, Juancho Sanchez and Jessie Valdez) and led to the injury of 70 others, and in relation to which nine police officers had previously been identified as suspects and recommended to be charged for multiple homicide [see 346th Report, June 2007, para. 1377(5) and 370th Report, October 2013, para. 82]. The Government also fails to inform about the investigation and eventual prosecution of the additional alleged murders and attempted murders brought forward by the complainant in communications dated 30 September and 10 December 2009 and 2 June 2010, which the Government previously reported as having been referred to the concerned agencies for prompt action and speedy disposition [see 359th Report, March 2011, para. 1115; 364th Report, June 2012, para. 952 and 370th Report, October 2013, paras 79(i) and (iii) and 83].
16. 134. In these circumstances, the Committee recalls that it is important that investigations into the murders of trade unionists should yield concrete results in order to determine reliably the facts, the motives and the persons responsible, in order to apply the appropriate punishments and to prevent such incidents recurring in the future [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 96]. The Committee also observes that the 2019 Conference Committee on the Application of Standards noted with concern the numerous allegations of murders of trade unionists and anti-union violence, as well as the alleged lack of investigation thereto, and requested the Government to immediately and effectively undertake investigations into the allegations of violence in relation to members of workers’ organizations with a view to establishing the facts, determining culpability and punishing the perpetrators. In view of the above and observing the Government’s general indication to the Conference Committee that all alleged cases of murders had been timely acted upon by the appropriate agencies and were being closely monitored but that conviction has been the recurring and imposing challenge due to the lack or insufficiency of evidence, the Committee urges the Government once again to do its utmost to ensure expeditious investigation of all the unresolved cases of murder of trade union members and leaders to ensure that the perpetrators are brought to justice and to provide detailed information in this regard, including on the 2004 Hacienda Luisita incident and the additional list of murders and attempted murders brought forward by the complainant in 2009 and 2010.
17. 135. The Committee further notes that the Government does not inform about the developments in the procedure of indictment of General Palparan for failing to prevent, punish or condemn killings that took place under his command responsibility [see 364th Report, June 2012, para. 932] but observes the Government’s indication to the 2019 Conference Committee that a retired army general and two others were convicted and sentenced to 40 years of imprisonment. In the absence of further details in this regard, the Committee requests the Government to clarify whether this conviction relates to the numerous allegations of extra-judicial killings in this case, in particular to the General’s failure to prevent, punish or condemn killings that took place under his command, and if so, to provide a copy of the judgment.
18. 136. Noting with deep regret that the Government has not provided any information on the progress made in the investigation, prosecution and trial of cases of abduction and enforced disappearance [see 370th Report, October 2013, paras 77 and 84], the Committee reiterates its firm expectation that the Government take expeditious and effective measures in this regard and keep it informed of the steps taken and the relevant court rulings as soon as they are handed down. The Committee also observes that the Government does not provide any information on the progress made in the adoption of the Bill concerning enforced and involuntary disappearances, to which it has previously referred and which the Committee has considered could represent an important step in acknowledging the existence of enforced disappearances and ensuring significant and dissuasive sanctions [see 356th Report, March 2010, para. 1160]. The Committee requests the Government to provide information in this regard to the Committee of Experts on the Application of Conventions and Recommendations (Committee of Experts) to which it refers this legislative aspect of the case.
19. 137. Further observing with regret that the Government does not provide any information with regard to the resolution by the CHR of the remaining cases of harassment and intimidation [see 370th Report, October 2013, paras 78, 79(ii)–(iii) and 85], the Committee once again requests the Government to provide information on the eventual progress made in ensuring the full and swift resolution by the CHR of the remaining alleged cases of harassment and intimidation.
20. 138. The Committee also notes the absence of any information provided in response to its previous recommendations on the previously announced review by the Supreme Court and the CHR of the witness protection programme on the writ of amparo adopted in 2007 and the application of the Anti-Torture Act No. 9745, as well as of Act No. 9851 on crimes against international humanitarian law, genocide and other crimes against humanity, but observes that the Government representatives informed the 2019 Conference Committee on the Application of Standards about a strategic planning regarding the provision of adequate assistance and protection to witnesses under the Witness Protection Programme. The Committee requests the Government to provide further details on the above matters to the Committee of Experts, to which it refers this legislative aspect of the case.
21. 139. Finally, considering the absence of any updates in this regard, the Committee urges the Government once again to provide further specific information in relation to the allegations of illegal arrest and detention regarding the AMADO-KADENA officers and members; the 250 workers of a food and beverages company in Cabuyao; and the 72 persons in Calapan City, Mindoro Oriental, of which 12 are trade union leaders and advocates [see 364th Report, June 2012, para. 968]. The Committee requests the Government to take all necessary measures so as to ensure that the investigation and judicial examination of all cases of illegal arrest and detention proceed in full independence and without further delay, so as to shed full light on the current situation of those concerned and the circumstances surrounding their arrest. The Committee also requests the Government to communicate the texts of any judgments handed down in the above cases, together with the grounds adduced therefore; and to keep it informed of the outcome of the cases against 19 workers of a home decor producing factory [see 364th Report, June 2012, para. 966].
22. 140. The Committee draws the special attention of the Governing Body to the extreme seriousness and urgent nature of this case.