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of the Philippines the criminal justice system is - Article 2

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Diosdado Fortuna: “Is <strong>the</strong>re anybody dead here?”<br />

On 22 September 2005, at around 8am labour leader Diosdado<br />

Fortuna arrived at <strong>the</strong> compound <strong>of</strong> <strong>the</strong> Nestle <strong>Philippines</strong>-<br />

Cabuyao Plant in Barangay Niugan, Cabuyao, Laguna, where<br />

workers were on strike. Afterwards he went to <strong>the</strong> <strong>of</strong>fice <strong>of</strong> <strong>the</strong><br />

Organ<strong>is</strong>ed Labour in Line Industries and Agriculture located at<br />

<strong>the</strong> Shine Land Subdiv<strong>is</strong>ion in Cabuyao for a meeting. He arrived<br />

at around 9am.<br />

Around midday, two men in <strong>the</strong>ir 30s in an old maroon Toyota<br />

Corolla stopped in front <strong>of</strong> <strong>the</strong> <strong>of</strong>fice, sounded <strong>the</strong>ir horn and<br />

lowered a window. One <strong>of</strong> <strong>the</strong> men, who both had short-cropped<br />

hair, white t-shirts and muscular builds, asked <strong>the</strong> union<br />

president, “Is <strong>the</strong>re anybody dead here?” Fortuna, who was <strong>the</strong>n<br />

presiding over <strong>the</strong> meeting, stood up and looked out to <strong>the</strong> gate.<br />

Hermie, <strong>the</strong> president, told <strong>the</strong>m, “Nobody died here.” The car<br />

<strong>the</strong>n sped <strong>of</strong>f towards <strong>the</strong> exit <strong>of</strong> <strong>the</strong> subdiv<strong>is</strong>ion.<br />

Fortuna left in <strong>the</strong> afternoon and went back to <strong>the</strong> Nestle picket<br />

line, where he met several students from <strong>the</strong> University <strong>of</strong> Sto.<br />

Tomas and stayed until around 4:30pm. He <strong>the</strong>n received a text<br />

message from h<strong>is</strong> wife, Luzviminda, informing him that <strong>the</strong>ir<br />

grandson was ill and needed to be taken to hospital. Fortuna told<br />

a colleague that he would leave and come back later.<br />

During that time, an unidentified man was seen sitting on a<br />

chair in front <strong>of</strong> a store inside <strong>the</strong> compound near <strong>the</strong> picket<br />

line. He was seated directly in front <strong>of</strong> <strong>the</strong> entrance <strong>of</strong> <strong>the</strong> picket<br />

line. When he was asked by a store attendant “Are you buying<br />

something?” <strong>the</strong> man, who was writing text messages on h<strong>is</strong><br />

mobile, stopped and placed h<strong>is</strong> phone in h<strong>is</strong> pocket. He stayed<br />

<strong>the</strong>re for about 15 minutes and hurriedly left just ahead <strong>of</strong><br />

Fortuna, who boarded h<strong>is</strong> motorbike to go home.<br />

Around 5:20pm, two men wearing helmets were seen shooting<br />

Fortuna twice in h<strong>is</strong> back outside <strong>the</strong> Sagara Factory. They sped<br />

<strong>of</strong>f on board a motorcycle heading towards Rodriguez Subdiv<strong>is</strong>ion.<br />

Ano<strong>the</strong>r motorcycle came and stopped alongside Fortuna, who<br />

was lying on <strong>the</strong> ground wounded.<br />

A tricycle driver took Fortuna to <strong>the</strong> Calamba Doctors Hospital<br />

but he died an hour later <strong>of</strong> wounds to h<strong>is</strong> heart and liver.<br />

Norman Bocar: Ano<strong>the</strong>r human rights lawyer...<br />

On <strong>the</strong> morning <strong>of</strong> 1 September 2005, human rights lawyer<br />

Norman Bocar was shot dead by two unidentified gunmen on a<br />

motorcycle in Borongan, Eastern Samar, V<strong>is</strong>ayas. Bocar was<br />

coming out from a meeting when he was shot in <strong>the</strong> head.<br />

Bocar was <strong>the</strong> regional chairman <strong>of</strong> umbrella group Bayan.<br />

He had sought help from <strong>the</strong> police for h<strong>is</strong> security, after serious<br />

threats against h<strong>is</strong> life; however, he received no protection.<br />

The police investigation into h<strong>is</strong> death reached no conclusive<br />

findings and <strong>the</strong> perpetrators were not identified. The police<br />

formed a special task force to investigate <strong>the</strong> killing but th<strong>is</strong> too<br />

has failed to resolve <strong>the</strong> case.<br />

68<br />

VICTIM: Diosdado Fortuna<br />

INCIDENT: Killing<br />

ALLEGED PERPETRATORS:<br />

Two unidentified gunmen<br />

DATE: 22 September 2005<br />

AHRC FA-027-2005<br />

UP-009-2006<br />

69<br />

VICTIM: Norman Bocar<br />

INCIDENT: Killing<br />

ALLEGED PERPETRATORS:<br />

Two wo unidentified gunmen<br />

DATE: 1 September 2005<br />

AHRC UP-106-2005<br />

PHOTO: PCPR<br />

article 2 • February 2007 Vol. 6, No. 1 77

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