Disappeared but
unsilenced
A Press Statement by
the Families of Victims of Involuntary Disappearance (FIND) on the
10th Anniversary of the Disappearance of the PICOP 6 Workers
October
14, 2010
Artemio Ayala, Jr.,
Joseph Belar, Arnold Dangquiasan, Jovencio Lagare, Diosdado Oliver and
Romualdo Orcullo were unlawfully arrested, illegally detained,
inhumanely tortured, violently killed, unceremoniously buried, hastily
unearthed, and unconscionably burned.
On the night of
October 14, 2000, six sub-contractual workers of the PICOP Resources,
Inc. were forcibly abducted from a videoke bar in Sta. Maria,
Trento, Agusan del Sur
by members of the 62nd Infantry Battalion of the Philippine Army.
On the tenth
anniversary of their enforced disappearance, their families join FIND
(Families of Victims of Involuntary Disappearance) in urging the Aquino government to formulate and fully implement a human rights
agenda that will prevent if not end enforced disappearance and other
human rights violations.
FIND challenges the
president not to temporize in addressing the persistent impunity and
virtual immunity of human rights violators.
After eight long
years, only one of the soldiers has been convicted and only as an
accomplice to the crime of kidnapping and serious illegal detention.
Giving credence to the
prosecution witness, Army Sgt. Eseqiuas Duyogan, who testified in
rebuttal, the Regional Trial Court Branch 6 in Prosperidad, Agusan Del
Sur declared in July 2008 that “there is now cause for the Department
of Justice to start an inquiry” into the “criminal culpability” of the
13 other military men whom he implicated in the kidnapping, serious
illegal detention, torture and killing of the six workers.
The snail-paced
investigation by the National Bureau of Investigation (NBI) prompted
the families to file a complaint for the multiple murder before the
office of the Provincial Prosecutors in Agusan del Sur. The complaint
is under preliminary investigation.
The multiple murder
case could be problematic because of the absence of the bodies of the
victims. Such eventuality could be obviated by a special law that
penalizes enforced disappearance as a continuing crime.
The proposed
anti-enforced or involuntary disappearance law specifies concealment
of the fate and whereabouts of the victim as one of the elements of
the crime.
Eight of the nine
anti-enforced or involuntary disappearance bills pending before the
15th Congress adopt the definition of enforced disappearance under the
International Convention for the Protection of All Persons from
Enforced Disappearance.
The Convention
considers enforced disappearance as “the arrest, detention, abduction
or any other form of deprivation of liberty by agents of the State or
by persons or groups of persons acting with the authorization, support
or acquiescence of the State, followed by a refusal to acknowledge the
deprivation of liberty or by concealment of the fate or whereabouts of
the disappeared person which place such a person outside the
protection of the law.”
It is beyond dispute
that the PICOP 6 case exhibits all the essential elements of enforced
disappearance as the workers were abducted and herded into the army
camp by a team of soldiers who denied taking them into custody or who
concealed the victims’ fate and whereabouts thereby depriving them of
protection of the law.
Despite the long wait
for an appropriate law under which perpetrators of enforced
disappearance can be effectively prosecuted, the families of the PICOP
6 desaparecidos as well as those of other victims of enforced
disappearance have been steadfast in their search for truth and
justice.
Until the truth is
uncovered and justice dispensed, there is no closure to the PICOP 6
and other enforced disappearance cases.
ENACT AN ANTI-ENFORCED
DISAPPEARANCE LAW.
SIGN AND RATIFY THE
INTERNATIONAL CONVENTION FOR THE PROTECTION OF ALL PERSONS FROM
ENFORCED DISAPPEARANCE.