NPA Armed Contacts for the Fourth Quarter of 2011, Part XI: Human Rights Watch FINALLY Looks at the NPA and Screams 'Foul!'

Regular readers will know that I don't particularly have a lot of faith in the US- based international NGO, or in Filipino-speak, Civil Society Group, "Human Rights Watch," or "HRW" in shorthand. When I get my hands on their product, usually in the form of "reports," I spend a significant amount of time vetting their data, checking and re-checking their factual assertions, and so on. The following report, "Philippines: Communist Rebels Target Civilians: New People's Army Should Stop Unlawful Killings, Detentions," published on October 4th, 2011 condemns the NPA for the targeting of civilians, non-combatants. It is basically nothing but fluff, but worth including simply as a reference piece. The several killings described are all factually correct though, as far as I am concerned, the quotation from Philip Alston earns this short piece all the space it wants. Alstom served as the United Nations Rappoteur on Extra-Judicial Executions from 2004 to 2010. Speaking of the NPA's so called "People's Court," Alston says, "is either severly flawed, or else a sham." I am tempted to interject "I couldn't have said it better," but alas, I certainly can. It is a sham, point blank. The "Court Orders" it mysteriously talks about is simply one or two highly placed talking heads playing with people's lives.

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"Philippines: Communist Rebels Target Civilians: New People's Army Should Stop Unlawful Killings, Detentions"

The rebel New People's Army (NPA) in the Philippines should immediately end unlawful killings and detention of civilians, Human Rights Watch said today. The NPA, the armed wing of the Communist Party of the Philippines, has admitted to gunning down civilians and detaining others in recent months.

"For four decades the New People's Army has offered excuses for cold blooded killings of civilians," said Elaine Pearson, Deputy Asia Director at Human Rights Watch. "Recent attacks show that there has been no real departure from this illegal practice."

According to an NPA press statement provided to a journalist, the NPA's Mount Alip Front Operations Command in far south Mindanao admitted to the September 2, 2011 killing of Ramelito "Ramel" Gonzaga, 46, who the statement said was a member of a Government paramilitary force. The statement said that Gonzaga was sentenced to death by the NPA's "Revolutionary People's Court" or Hukumang Bayan, for "Crimes Against the People." The group has acknowledged that a stray bullet unintentionally wounded a pregnant woman, Ana Marie Campo.

The NPA has also claimed responsibility for the August 19 killing of Raymundo "Monding" Agaze in Kabankalan City, Negros Occidental, saying it was carrying out a 2008 order of the "People's Court."

NPA leaders have often sought to justify killings by noting that "People's Courts" have condemned victims to death because of various "Crimes Against the People." Punishments are imposed both for alleged criminal acts, such as rape and murder, and for activities deemed anti-NPA, such as spying for the Armed Forces.

Philip Alston, the United Nations Special Rappoteur on Extra-Judicial Executions from 2004 to 2010, reported that the NPA's court system "is either deeply flawed or simply a sham."

"Any claim that people who are tried by the NPA's 'People's Courts' are receiving a fair hearing is ludicrous," Pearson said. "The NPA's 'Revolutionary Justice' is not justi it is simply old-fashioned murder."

The NPA has also detained civilians in violation of International Law. It is currently holding at least 13 people in Mindanao, at least some of them civilians. These include Mayor Henry Dano of Lingig, Surigao del Sur Province, along with his two Military Escorts, Cpl.Alrey Villasis de Samparado and Private First Class Allan Pellino (Actually, the last soldier's surname is "Saban"-Raki). The NPA captured them on July 13 and claims that they are intelligence operatives of the 75th Infantry Battalion- Intelligence Section and will face charges before the "People's Court." On October 1 the Communist Party of the Philippines ordered Mayor Dano's release. The NPA also detained four Bureau of Jail Management and Penology (BJMP) guards on July 21- Murphy B.Todyog, Eric D.Llamasares, Rogelio E.Begontes, and Rolando D.Bajuyo Jr.- and claims to have granted them "Prisoner of War Status."

The remaining six are traders from Misamis Occidental, Ronald Boiles, James Mabaylan, Nelson Bagares, Ernesto Callo Jr., and Julieto Sarsaba, accused by the group of being Government spies. A representative of the families told Human Rights Watch that the six were going house to house on August 19 on the border of Davao City and Bukidnon selling "Kutson," Filipino style beds, when the NPA captured them, accusing them of trespassing. Ka Ariel Inda Magbanwag, Spokesperson for the NPA in Bukidnon-North Central Mindanao, has told journalists that the six are to be tried in the "People's Court."

Human Rights Watch called on the Philippine Government authorities to promptly investigate the killings and unlawful detentions and to prosecute those responsible in accordance with the law. Human Rights Watch has previously criticized the Philippine armed forces and police for Extra Judicial Killings and enforced disappearances of alleged NPA supporters and Leftist politicians and activists.

"Both the NPA and Government forces have committed atrocities in more than 40 years of armed conflict," Pearson said. "Each claims to have the interests of the ordinary Filipino at heart, but neither seems to show it."

Background

Since 1969 the NPA has engaged in an armed rebellion with the goal of establishing a Maoist State in the Philippines. The Philippine Military currently estimates that NPA consists of around 4,700 guerillas, who are active in about 69 of the country's 81 provinces.

As a party to an internal armed conflict, the NPA is obligated to abide by International Humanitarian Law, including Common Article 3 to the Geneva Conventions of 1949 and its Second Additional Protocol, to which the Philippines is party. International Humanitarian Law prohibits the killing of civilians, mistreating anyone in custody, and convicting anyone in proceedings that do not meet international fair trial standards.

The NPA has long admitted to killing Government officials; soldiers, police, and pro-Government militia; civilians who are deemed to engage in acts "against the people;" and allegedly traitorous NPA or Communist Party members.

Recent killings implicating the NPA include:

On July 13, 2010, NPA members shot and killed Mateo Biong Jr., a former mayor of Giporlas town, Eastern Samar. The NPA claimed responsibility, saying it was carrying out a Death Sentence ordered by the NPA's "Revolutionary People's Court."

On July 23, 2010, NPA members shot and killed Sergio Villadar, a sugarcane farmer, in Escalanye Citu, Negros Occidental. The NPA claimed responsibility, saying its forces killed Villsar because he resisted arrest after being charged before the "People's Court."

On July 31, 2010, two NPA members shot and killed Leonardo "Andot" Behing, a leader of LUPACA (Lumadnong Pakigbisog sa Caraga), a group reported to have been affiliated with the Philippine armed forces at one time and is now largely a criminal band based in the town of Sibagat, Agusan del Sur.

On November 2, 2010, NPA fighters shot and killed Renante Canete, a former leader of the NPA breakaway faction, the Revolutionary Proletarian Army, in Sagay City, Negros Occidental.

On February 28, 2011, NPA members shot and killed Jeffrey Nerveza in Albay, Bicol, saying that thet were carrying out a Death Sentence ordered by the "People's Court."

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NPA Armed Contacts for the Fourth Quarter of 2011, Part II: Release of Lingig Mayor Henry Dano and Two Soldiers from the 75IB

In a prior "NPA Armed Contacts for the Third Quarter" entry I discussed the NPA attack on Mayor Henry Dano's home in the municipality of Lingig in Surigao del Sur Province. In that August 6th, 2011 attack by the NPA's Front 20, the Conrado Heredia Command of the SMRC, or Southern Mindanao Regional Committee, guerillas in plain clothes presented themselves as NBI (National Bureau of Investigation) Agents working a case in that town. As per Standard Operating Procedure the agents merely wished to make a courtesy call on Mayor Dano to apprise him of their presence and reason for it. Dano's residential compound was being guarded with an NCO, or Non-Commissioned Officer, Corporal Alrey de Samparado and a soldier, Private First Class Alan Saban, from the 75IB (Infantry Battalion). The soldier on duty, Saban, allowed three "NBI Agents" to enter the gated compound and was promptly disarmed of both his M16 and his 45 caliber sidearm. The guerillas then re-opened the compound's gate allowing a throng of fellow guerillas into the compound.

Using Saban as a decoy the NPA then infiltrated Dano's home and held him, his family, and his second security escort, Corporal Alrey de Samparado, at gunpoint as they searched the premises for weapons and intelligence. As I noted in my entry "NPA Armed Contacts for the Fourth Quarter, Part I," the usual NPA prisoner is released at the two week mark. As I also noted however, the impasse in the GPH-NDFP Peace Process (Government of the Philippines and National Democratic Front of the Philippines as the umbrela entity encompassing the NPA and its political wing, CPP, or Communist Party of the Philippines is known) has led to significantly longer captivities. The "impasse" revolves around a 1995 Joint Agreement known as JASIG, or the Joint Agreement on Safety and Immunity Guarantees. As one might surmise JASIG was designed to protect NPA/CPP members involved in the Peace Process. Unfortunately for Mayor Dano et al the Government has failed to abide by the document with more than a dozen JASIG-protected personalities currently imprisoned in Philippine prisons.

Finally, in the last days of September on NDFP Peace Panel Chairperson Luis G.Jalandoni's fresh from his last sojourn to the Philippines (he is in exile in the Netherlands) both sides managed to make a tad bit of progress on the issue so that on September 28th the NPA ordered the release of Mayor Dano and his two security escorts, Saban and de Samparado. However, their release was put on hold as the AFP continued pushing tactical operations. Finally, on Sunday, October 9th, 2011, the NPA was able to release all three in the municipality of Trento's Barangay Pulang Lupa, in Agusan del Sur Province. At 3PM, in Sitio Upper New Visayas' Purok #5 the NPA's Front 20 held the typical NPA propaganda party with Surigao del Sur Governor Johnny Pimentel doing his part for Manila. At the Governor's side were the three wives of the prisoners who collapsed in tears upon first seeing their husbands enter the jungle clearing.

After the usual rigamorole Mayor Dano was escorted by Governor Pimentel to Davao City for a de-briefing and medical exam while Corporal de Samaparado and Private First Class Saban were driven to Brigade Headquarters in Bislig City, in Surigao del Sur Province. I am sure the last POL, or Proof of Life released by the NPA will be the first thing discussed. In that POL, released at the end of September, both men swore that they were quitting the AFP, and offered heartfelt apologies for their "counter-revolutionary activities" and "crimes against the people." Of particular note AFTERWARDS was an admonishment by the NPA in which it stated on October 6th that although both men were being released on humanitarian grounds, both men owed a "blood debt to the people" and that they were only being given a "conditional release" which left them still liable to execution in the future.

The bee in the NPA's bonnet was that both men, allegedly Military Inelligence assets, had played significant roles in an operation while both were formerly attached to the 36IB in which they were, according to the NPA spin meisters, for the death of a cadre in Front 6 of the NCMRC, or Northcentral Mindanao Regional Committee. Likewise, during their current role as Security Escorts for Mayor Dano and attached to the 75IB they allegedly provided intelligence that led to the 6th Scout Rangers Company and 25IB over running a rendevouz of five NPA Fronts on May 29th, 2011. The meeting, at an NPA encampment in the municipality of Cateel in Davao Oriental Province, led to the lover of Front 20's Secretary, or leader, becoming a quadripalegic. That lover, Vanessa "Ka Enchang" de los Reyes was one of three guerillas personally airlifted by Davao City Vice Mayor slash local warlord Rodrigo "Roddy" Duterte in a Government helicopter so as to get Ms.de los Reyes life saving medical care in Davao City.

IF either man had any real role in that sordid affair I have no doubt that Front 20 members would have already killed them. Front 20, co-incidentally, aside from being the Front operating in the municipality of Lingig, was also the island's Custodial Front. Any prisoner taken on Mindanao was held by Front 20 but with that May 29th operation that responsibility passed to Front 53, the Herminio Alfonso Command of the SMRC. Yet, Mayor Dano and these two Security Escorts were retained by Front 20 more out of logistical needs than anything else. Although Front 53 now holds that role it was already saddled with four BJMP, or Bureau of Jail Management and Prisons' employees who were captured by Front 88 of NCMRC while freeing high ranking cadre Dennis Rodinas on July 21st, 2011. Eventually six civilian prisoners would be added when, on August 10th, Front 88 "captured" six door to door salesmen who, as of this writing on Monday, October 10th, remain in captivity. Therefore Front 20 was delegated the care of Mayor Dano and these two AFP members. Had there been a real connection to Ms.de los Reyes' injuries this wouldn't have been allowed to transpire.