Desaparecidos

Law
Right now, there is this culture of impunity
covering executive ofcials, that they can do
whatever they want and they will not be held
accountable.
!enator Rodolfo "ia#on
!ubmitted to$
%tty. &une Dela 'ru#
!ubmitted by$
(ariel &osine David
)**)+,)
CONTENTS
-. -ntroduction
a. .nforced Disappearances
b. /amous 'ases of Desaparecidos
c. !tatistics
--. Remedies
a. 0rit of 1abeas 'orpus
b. 0rit of %mparo
---. Desaparecidos Law
-2. %nalysis of Desaparecidos Law
2. Recommendations
Introduction
Desaparecidos. 3nce a mere translation for disappeared has
transformed into a political issue. -t now gives the victims of
enforced disappearances a special status in the realm of human
rights.
4he past four decades witnessed the prevalence of enforced
disappearances, summary executions, statesponsored militarism,
and other forms of human rights violations. (ost of the victims are
activists, students, 5ournalists, civil society leaders, trade unionists,
land reform advocates, and human rights defenders. !tatistics, while
fairly representative, do not accurately present the actual number of
victims. %s a defense, the government portrays the victims as
members of the 'ommunist 6arty of the 6hilippines and its armed
wing, the 7ew 6eople8s %rmy. 4he '6676% aims to revolutioni#e the
semifeudal, neocolonial society of the 6hilippines through armed
struggle. -t has existed for more than half a century in continuous
warfare with the military. -t is terrifying to note that while not all
leftists are members of the '6676%, it has become somewhat a
license to sub5ect activists to statesponsored terrorism. 4he military
has also blamed the disappearances on an ongoing purge within
the '66 itself. 1owever, studies have shown that this is a vain
attempt to di9use accountability on the part of the military.
%ccording to the -nternational 'onvention for the 6rotection of
%ll 6ersons from .nforced Disappearance, .nforced Disappearance
is
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.
3ddly enough, the 6hilippines is not a party to this convention.
%mnesty -nternational de:nes .nforced disappearance as the arrest,
detention, abduction, and generally the deprivation of liberty by the
government or its agencies.
%ccording to ;arapatan, a human rights organi#ation in the country,
there are +<= cases of enforced disappearances during the (arcos
administration, >*) during that of 'ory %?uino@s, A= during /idel Ramos@,
*B during &oseph .strada@s, *CB during Dloria %rroyo@s, and = during the
current term of "enigno %?uino ---. %ccording to ;arapatan@s Dlossary of
1uman Rights 2iolations, a missing person is considered disappeared if
hisEher whereabouts remain unFnown for more than +* hours.
6hilip %lston, a former G7 !pecial Rapporteur on extra5udicial
executions came to the 6hilippines in *CC+, reported that the executions
had eliminated civil society leaders, including human rights defenders,
trade unionists, and land reform advocates, intimidated a vast number of
civil society actors, and narrowed the country@s political discourse.
!amous "ases of Desaparecidos
#onas $urgos
Jonas Joseph T. Burgos is a farmer advocate and a member of
%ilusang &agbubukid sa $ulacan was abducted by a group of , men and )
woman from 1apag ;ainan Restaurant in .ver Dotesco (all. 0itnesses
claim that he was shouting %Ftibista aFoH %Ftibista aFoH when he was
being dragged out by his abductors. 4he security guard tooF note of the
plate number of the maroon 4oyota Revo I4%" )=,J. !aid plate number
was linFed to a vehicle which was previously impounded by the
%aren 'mpeno, Sherlyn "adapan and &anuel &erino
(aymond and (eynaldo &analo
(onald Intal
)*el +inpin, )ristedes Sarmiento, 'nrico ,banez, &ichael &asayez and (iel
"ustodio -.agaytay /0