Monday, October 31, 2011

The Davao Death Squad, Through the Eyes of HRW, Part 3

Whethere they use pistols, knives...and now super hero costumes and whips, Vice Mayor Rodrigo "Roddy" Duterte of Davao City is always on the job and always sure that his minions are terrorising the "scum" of society. Glue sniffing twelve year olds and men who dare to walk the dangerous path of marijuana addiction better watch out cause Righteous Roddy is waiting and ready to smite them in all their inequity. Having watched a bootleg copy of "The Star Chamber" a bit too often Daffy Duterte decided that smacking jeepney drivers and dropping political opponents head firts out of helicopters over Davao Bay just wasn't cutting it and so he decided to dress up as "McGruff the Crime Dog" and take a bite of crime.

Since at least the late 1990s Vice Mayor Duterte has been stading idly by as literally hundreds of constituents have been murdered on his city streets, in broad daylight and yet Duterte is portrayed as being rabidly effective at cutting crime. Those that laud him ignore these hundreds of murders while placing Davao City's mad dog mayor on a pedestal. Standing idly by is all Duterte can do because he is neck deep in blood since he plays a central role in many of these killings. Indeed Duterte makes no secret that the buck stops with him. Whether on his Sunday morning ego-laden extravaganza, "Gikan sa Masa, Para sa Masa" (From the Masses to the Massed) or his Tuesday, not quite ready for prime time, "Ato ni Bay" ( Duterte readily admits to killing kidnappers, "terrorists," drug dealers and so on.

Unfortunately the Human Rights Watch report that I am posting verbatim in this three part series of entries, "You Can Die at Anytime: The Davao Death Squad," (Human Rights Watch, April, 2009) does a terrible job at investigating this dynamic. Focusing on twenty-eight killings that mostly took place in Davao City (several occurred in Digos City and General Santos City, aka GenSan), it veers into lunacy when it purports to link the stabbings of gang members to Duterte's 45 caliber pistole wielding thugs. Never the less, it is worth posting if only to draw a modicum of light unto this rarely discussed side of Davao City.

In this, the third and last part of my posting I stop midwat through page 11, out of 15 pages, because at the point at which I stop the investigation, if one can even call it that, ends and HRW's explanation about the roles that the police, prosecutors, Ombudsman's Office, and the Commission on Human Rights are SUPPOSED to play according to Philippine Law. Also, it includes HRW recommendations to those entities, such intellectually stimulating tidbbits like, "should do their job" repeated several times over. I don't feel that inclusion of that materiel will add anything, now would omitting it reduce the substance of what really ends up being nothing but fluff, above and beyond factoids such as names and dates which are always helpful.

I begin here midway thru page 10. A reminder, the word "Amo" used in the report signifies a "handler," or "supervisor."

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pp10 (continued)

Confirming eyewitness accounts to killings and the statistics gathered by CASE, Ramon said that, in recent years, the DDS started using knives more often. He said that his friend showed him two knives that he received after joining the DDS- one was a so-called Rambo Knife (a mid size, double bladed saw tooth knife) and the other was a long knife, approximately 4Cm (about 16 inches) in length. He said that the DDS started using knives more extensively because they are cheaper and attract less attention. Moreover, stab wounds make it easier for the police to claim that the victim has been killed by gang members or ordinary criminals.

The motorcycles provided to death squad members often do not have liscence plates, which is a traffic law violation in Davao City. According to Ramos, the police do not stop drivers of such motorcycles because "they have connections to the police." Fernando said that DDS members sometimes use red "governmental" liscence plates, which allow unimpeded movement through checkpoints and road police posts, and then members "simply take them off before the hit."

According to Ramon, while the group does not have any uniform, they usually wear jackets (even during hot weather) or buttoned shirts, to hide firearms or knives underneath, as well as baseball caps. Ramon said that masks are rare, and usually worn when a hitman operates alone, driving a motorcycle himself.

"Maria," who said an uncle of hers was a DDS member, told Human Rights Watch:

"My uncle owned two guns, one of which appeared to be a 45-caliber gun. He carried them hidden inside his jacket or inside a compartment underneath his XRM motorcycle seat. When he went outside at night, he would wear a black basebal cap, a black or khaki camouflage jacket, and often sunglasses. He would go out two or three times per week, and when he came back home, he would have cash."

Recruitment and Training

Individuals whose friends or relatives were allegedly members of the DDS told Human Rights Watch that people they knew had joined the group to make easy money, but they did not seem to feel any remorse about the victims, claiming that those killed were the "scum of society anyway."

Apparently, some also believed that the execution of criminals is the only solution when the legal system is unable to prosecute them. Ramon told Human Rights Watch:

"My friend (the DDS member) used to say that while the police sometimes arrest drug dealers or rugby sniffers, eventually they release them, and they go back to their usual business and way of life. They are repeat offenders- so this is simply the 'final solution' for them."

Older recruits who come to the DDS with what is considered relevant experience apparently do not receive any additional training. But young recruits, according to Ramon, go through an initiation ritual and training upon joining the DDS, just like school fraternities and military academies. He described the initiation ritual to Human Rights Watch:

"Memebers who have been with the group for awhile beat you and ask you, 'Why do you want to join the group? What are you going to do with the money you get?' You are supposed to say, 'I want to help my family and I want to help Davao City get rid of criminals'."

The training for new recruits, according to Ramon, takes place in a "DDS compound." Ramon said he visited the compound once, in January 2008, along with a friend of his and several other DDS members. They drove there on two motorcycles, one of which did not have a liscence plate.

At the compound they joined another group of DDS members who arrived there on two motorcycles and two cars. The group's amo was also there- Ramon described him as a short man with "big tummy" who arrived at the compound in his Toyota pickup truck.

The compound is located in a secluded section in the Calinan area, south of Davao City. Ramon described a big house, which he said he did not enter, and a small hut where they were having a drinking session. The compound was surrounded by a concrete fence with a steel gate. Ramon said he did not notice any sign on the gate.

At the compound, Ramon saw a makeshift shooting range with some wooden installations, soda cans, and coconuts that were being used as targets for shooting practice. Ramon told Human Rights Watch what he knew about the training process:

"(The) amo and older recruits conducted the training. The amo explained the goals of the group- to get rid of the criminals in the city- but the training mostly focused on how to stab and how to shoot...For the stabbing instruction, the amo had a poster with a picture of the human body projected on the wall. He showed the vital points on the human body, which have to be targeted to cause fatal wounds- The amo also showed how to hold the knife and how to strike to ensure most impact. There was also a stuffed dummy there to practice on."

Ramon's account was accompanied by expressive gestures that imitated the process of instruction. He showed the "right" and "wrong" ways to hold the knife, and pointed to different parts of the body where the strikes had to be directed.

Identifying the Targets

In many of the cases reported to Human Rights Watch, victims' families had learned one way or another that their relatives had been on a "list," or an "order of battle" or OB, before they were murdered.

Accounts of persons familiar with current operations of the DDS confirm that police and barangay officials still take the initiative to compile the "lists."

One DDS insider told Human Rights Watch that he currently works as an informant for the barangay police chief who is also a DDS member. He said that his job was to inform the police chief about "suspicious individuals" in the barangay, some of whom would be then added to the "order of battle."

Another insider, a local official, said he used to receive the "order of battle" from the Philippine Drug Enforcement Agency (PDEA). Hisjob was to convince the people on the list to surrender, and those who did not later fell victim to killings. Before the 2007 general election in the Philippines, barangay officials requested that he compile and submit a list of drug users and other individuals involved in criminal activities.

Accounts of other insiders confirmed the existence of these lists, which are ultimately used to determine the targets for the DDS. A well respected man in his barangay told Human Rights Watch:

"Once, my motorcycle got stolen. A barangay intelligence official quickly contacted me, saying they have found the guy who stole it. He said that the man has been on the DDS list already and barangay officials suggested that now they should 'get him.' The intelligence official, however, advised them against it, knowing that I wouldn't approve of the killing. He said they would arrest the guy, but eventually he managed to flee."

Several other insiders also believe that, in recent years, death squad handlers have started to demonstrate more initiative in determining targets, rather than just going through the lists compiled by police or barangay officials. Knowing the general categories of persons sought, (drug dealers, thieves, repeat offenders, gang members, and the like), the handlers now more actively identify specific individuals as targets.

Ramon said that handlers use an "errand runner" in each group to collect information from the police and barangay officials on individuals involved in criminal activities.

The amo then calls for a meeting where he assigns the targets to different cells. Such meetings usually take place in unofficial "safe houses." Human Rights Watch obtained a description of one such safe house in Davao City. According to "Grace," in October 2007, her father visited a DDS safe house to deliver certain items for the DDS members. Some of her family members had fallen victim to DDS killinga, and her father had genuine interest in finding out as much as possible about the DDS, Grace said:

"He saw lists with photos posted on the wall, some with 'X' marks, others with future dates marked. He also stumbled on a list that contained names of victims, killers, and the amount of money paid for each killing. He wrote down the information about (his relatives)- it said, for one of them, 30,000 Pesos (about US265) were paid. For the other- 10,000 Pesos (about US208). Outside the hideout, there were quite a few motorcycles of different kinds, including XRM and DT-types, mostly without liscence plates."

According to Ramon, each cell usually gets three nanes every "quincina" (15 days). That does not mean, however, that all three would be killed in this period of time. First, Ramon explained, "you have to work like a policeman- gather intelligence, ask around, conduct surveillance, and maybe even pay an informant in the community if you don't know the target."

Other insiders indicated that the targets are assigned through a "bidding" process. During the meeting, an amo announces names of targets and corresponding prices for each, and the cells "bid" to determine who gets to carry out which operation. Usually, the cell that already knows the target, or at least has access to the community, gets "the job." Fernando described the "bidding" process to Human Rights Watch:

"The handler calls a meeting for the group- usually, one representative from each cell. The handler announces the names and the bidding price, and then a cell offers its services. If several cells want the job, they would discuss which cell can do it better- for example, based on their knowledge of the area or familiarity with the target."

Anthony provided a similar account:

"When choosing a hitman for a particular operation, the handler does that based on the classification of the target, determining what kind of skills the operation would require. If the subject is a low level criminal, thet don't really care, they can do it openly, and the hitman can be less experienced. But if the target is high profile, maybe has bodyguards- it becomes more complicated and covert, and requires more people and better skil.

Fernando said that when the target has a long record of criminal activity, the cell is instructed to carry out the killing immediately. However, if it is a first time offender, they communicate a warning to the target or the family first.

Operations

According to Ramon, upon assigning an operation to one of the cells, the amo gives them the name of the target, sometimes the address or other available intelligence, and even a photo. He said that during his visit to the DDS compound he saw one of these photos- which happened to be, to his horror, one of his friends who had been killed sometme before. Ramon said that the photo was a standard police mugshot with his friend's name and the crime for which he was accused.

Anthony also confirmed that his friends' amo "gives them names, some intelligemce, and partial payment."

An "operation" or a "hit" is usually carried out by three people. According to Ramon, one person drives the motorcycle and acts as a lookout, while the other two carry out the killing. Anthony said:

"It depends on the classification of the target. If it is a 'big fish,' there will be more support- a lookout, or sometimes, several of them. If it's a 'small fish' it can be two people, a driver and a hitman, or even one person who would drive a motorcycle and carry out the hit."

Angela, whose uncle was allegedly a DDS member, described to Human Rights Watch how her uncle usually left for "operations":

"Everytime they had an operation, they would pick him up from our house or my aunt's store at the market. That was usually twice a month. My father and uncle used to drink together and then some men would arrive on a big motorcycle. They were armed with 45-caliber pistols. My father used to ask, 'Where are you going?' And in response my uncle would make a throat cutting gesture with his hand."

According to Ramon, once the group arrives at their destination on their motorcycle, they try to make themselves visible to police mobile units patrolling the area. This serves as a signal that the operation is about to begin and the police should leave the area, which they do.

Ramon said that cells tend to rotate from one area to another, trying to avoid carrying out two consecutive hits in the same place. Most operations take place in Davao City, although, according to Ramon, they also reach other locations, including Digos City, General Santos City, and Tagum City, and locations in Davao Oriental Province. Ramon mentioned that these cities now have their own death squads, so the DDS members only go there in pursuit of a target who has left Davao City for one of those places, especially if the target is a "big fish."

The insiders believe that most of the killings in General Santos City and Digos City are carried out by local groups using the Davao Death Squad as a model. One of the insiders in Digos City noted that the DDS used to come to Digos City to carry out killings, but then a local death squad was formed with training provided by the gunmen from the DDS.

Financing

According to various insiders, the payment for each "successful" operation ranges from 5,000 to 50,000 Pesos (about US104 to US1,041) and may go as high as 100,000 Pesos (about US2,082). The money is divided between members of the cell who carry out the operation. One of the journalists interviewed by Human Rights Watch said that, according to his sources, the price for an "operation" depends on the target, with larger rewards promised for more serious criminals, known gangsters, and leaders of drug distribution networks.

For working class Filipinos, the payment offered to DDS members is a huge amount of money, which, according to several insiders, is one of the main reasons why people join the DDS.

Ramon for example, believes that it was the money that made his friend join the DDS. He said that the friend, a car washer, used to make 70 to 200 Pesos (about US 1.50 to 4.00) a day, while his work with the DDS paid him almost ten times that. Ramon, who also worked as a car washer, admitted tat when the DDS tried to recruit him, he found the offer very tempting, but decided to "continue earning an honest living."

Angela said that her uncle also joined the DDS to make money. She explained:

"They made, I think, 50,000 Pesos (about US1,042) per operation, split between those involved. I know because my uncle once asked my brother to drive the motorcycle, so that they could split the money just between them, without having to share with someone else. But my brother refused. My uncle knew he was doing the wrong thing, but he said he had no other job."

Killings of Death Squad Members

Death Squad members themselves fall victim to targeted killings. Several persons familiar with DDS operations said that the members are sometimes killed by their own men "when they make a mistake and target a wrong person, fail to carry out an operation, or when they get to know too much.

A local journalist told Human Rights Watch that he interviewed many relatives of the early recruits to the DDS- former NPA rebels who surrendered to the Government- who had been killed because they "have been with the group for awhile and knew too much." He added that some DDS members move to another area or leave Davao City altogether after six or so hits to avoid being killed.

Ramon also said that the fear of being eventually executed was one of the reasons he decided to refuse the DDS recruitment offer. He explained:

"I heard that after you work there for some time, you also get executed. That is because you know too much, and the amo doesn't want to be implicated later on, in case you get caught or decide to quit. There are lots of stories about hitmen being executed."

Human Rights Watch documented at least two cases of Death Squad killings where the victims- according to their families, were members of the DDS. One such case was that of Rolando Jimenes, 50, a retired member of CAFGU who lived in Davao City. According to a family member, shortly after his release from prison on a murder conviction in July 2007, Jimenes joined the DDS and took part in killings. He did not try to hide his affiliation with the DDS from his family. On June 15, 2008, he was shot dead by another DDS member, who apparently knew him.
pp11

X.Failure to Investigate and Prosecute the Perpetrators

"When the police arrived at the scene, they didn't try to find any witnesses. They just kept asking me, 'What happened? Who killed your son?' I was hysterical, and kept telling them, 'Why are you asking me? You are the policemen- ask witnesses around here!' "

-Clarita Alia, Davao City, July 19, 2008

Human Rights Watch's investigation in Davao City, General Santos City, and Digos City found that local police are not conducting serious investigations into the killings. Many families of victims told Human Rights Watch that the police always arrived at the scene of the crime too late to arrest the perpetrators, even when the killings took place very close to a police station.

The police often did not talk to eyewitnesses of the killings, neglected to collect the most obvious pieces of evidence, such as spent bullet casings, and later failed to inform the families of victims of any progress in their investigation. Instead, they often pressured the families of victims to identify the perpetrators, but when they offered leads, the police ignored such information.

In none of the 28 killings documented by Human Rights Watch were families of victims aware of any arrests or prosecutions of perpetrators.

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