of the Philippines the criminal justice system is - Article 2
of the Philippines the criminal justice system is - Article 2
of the Philippines the criminal justice system is - Article 2
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92<br />
VICTIM: Rogelio Concepcion<br />
INCIDENT: D<strong>is</strong>appearance<br />
ALLEGED PERPETRATORS:<br />
24th IB personnel<br />
DATE: 6 March 2006<br />
AHRC UA-087-2006<br />
UP-052-2006<br />
“<br />
I am in no<br />
organ<strong>is</strong>ation,<br />
I am just<br />
d<strong>is</strong>gusted by<br />
th<strong>is</strong>—<br />
corrupt<br />
bastards!<br />
—David Twigg, UK”<br />
Rogelio Concepcion:<br />
Labour leader dragged from front <strong>of</strong> workplace<br />
Labour leader Rogelio Concepcion d<strong>is</strong>appeared on 6 March 2006<br />
after being abducted by men riding on a motorcycle as he left <strong>the</strong><br />
Solid Development Corporation factory in Barangay Mataas na<br />
Parang, San Ildefonso, Bulacan where he worked, to go home.<br />
Concepcion’s fellow workers were frightened and fled to safety<br />
upon seeing <strong>the</strong> armed men seizing him. None have shown<br />
interest in cooperating with <strong>the</strong> authorities in investigations as<br />
<strong>the</strong>y also fear for <strong>the</strong>ir lives.<br />
Concepcion’s family fears that he could have been abducted<br />
and killed by elements <strong>of</strong> <strong>the</strong> 24th Infantry Battalion <strong>of</strong> <strong>the</strong><br />
Philippine Army. Mar<strong>is</strong>sa reportedly spotted a van parked near<br />
<strong>the</strong>ir house on <strong>the</strong> afternoon <strong>of</strong> March 6. The van stayed until<br />
late evening.<br />
In November 2005, elements <strong>of</strong> <strong>the</strong> 24th IB entered <strong>the</strong> Solid<br />
Development Corporation factory and conducted a “military<br />
census” among <strong>the</strong> workers, <strong>the</strong>n remained stationed in <strong>the</strong><br />
compound. Concepcion and h<strong>is</strong> colleague, Ador Vasalio, were<br />
reportedly monitored by <strong>the</strong> military since. Concepcion was<br />
<strong>of</strong>ficer-in-charge <strong>of</strong> <strong>the</strong> Solid Development Corporation Workers<br />
Association (SDCWA) and Vasalio its former president. In May<br />
2005 <strong>the</strong> SDCWA had staged a strike because <strong>the</strong> management<br />
refused to recogn<strong>is</strong>e <strong>the</strong> union, despite a Department <strong>of</strong> Labor<br />
and Employment dec<strong>is</strong>ion declaring <strong>the</strong> union “sole and exclusive<br />
bargaining agent”.<br />
The AHRC released a statement on <strong>the</strong> abduction <strong>of</strong><br />
Concepcion and ano<strong>the</strong>r victim <strong>of</strong> forced d<strong>is</strong>appearance, Joey<br />
Estriber (see below) on March 20:<br />
On 3 March 2006, Joey Estriber was waiting for a lift home in Baler,<br />
Aurora, when four armed men suddenly dragged him into a nearby van<br />
and drove <strong>of</strong>f. Days later, Rogelio Concepcion was also forcibly<br />
d<strong>is</strong>appeared in San Ildefonso, Bulacan on March 6. According to witnesses,<br />
two men riding on a motorcycle grabbed him as he left h<strong>is</strong> work at <strong>the</strong><br />
Solid Development Corporation factory. Concepcion <strong>is</strong> a labour leader,<br />
while Estriber <strong>is</strong> a staff member <strong>of</strong> <strong>the</strong> Batar<strong>is</strong> Formation Center. The<br />
men, <strong>the</strong>ir families and colleagues had been followed by military<br />
personnel, and threatened and harassed prior to <strong>the</strong>ir abductions. There<br />
<strong>is</strong> little to suggest that serious <strong>criminal</strong> inquiries into <strong>the</strong>ir d<strong>is</strong>appearances<br />
will follow: to date none <strong>of</strong> <strong>the</strong> possible perpetrators among <strong>the</strong> military<br />
are known to have been investigated. The two cases are already following<br />
<strong>the</strong> familiar pattern known to people throughout <strong>the</strong> <strong>Philippines</strong>, with<br />
little or no investigation and an absence <strong>of</strong> witnesses and accompanying<br />
evidence leading to “case closed” without result.<br />
One reason for th<strong>is</strong> failure <strong>is</strong> that <strong>the</strong>re <strong>is</strong> no law prohibiting forced<br />
d<strong>is</strong>appearance in <strong>the</strong> <strong>Philippines</strong>, despite <strong>the</strong> frequency <strong>of</strong> blatant<br />
abductions <strong>the</strong>re. Without a law, relatives <strong>of</strong> men like Estriber and<br />
Concepcion have little hope for adequate and effective investigations<br />
followed by prosecutions and pun<strong>is</strong>hment <strong>of</strong> <strong>the</strong> perpetrators, as well as<br />
compensation. They have nowhere to turn. Although <strong>the</strong> proposed Act<br />
Defining and Penalizing <strong>the</strong> Crime <strong>of</strong> Enforced or Involuntary<br />
D<strong>is</strong>appearance (HB 1556) <strong>is</strong> pending before <strong>the</strong> parliament, it has been<br />
94<br />
article 2 • February 2007 Vol. 6, No. 1