DAVAO CITY—Relatives of five murdered journalists have filed complaints against the Philippine government before the United Nations Human Rights Committee.
Lawyers Harry Roque and Romel Regalado of the Center for International Law, who represent the families, said it was the first time that cases of slain journalists have been brought before the UN agency.
By taking the case to the international body, Roque said the move would hopefully “shame the government into promoting the protection of a person’s right to life and freedom of the press.” The UNHRC can also follow up on what the Philippine government has done to bring justice to the families of the victims.
The journalists—William Yap Yu, Dennis Cuesta, Maricel Vigo, Juan Pala and Fernando Lintua—were killed in separate instances from 2000 to 2008.
None of their families have seen justice for these murders due to a combination of factors, such as non-existent or botched investigations, and failures to ever bring cases before the courts.
In the case of Cuesta, the only identified suspect, a high-ranking police officer with connections to the then mayor of General Santos City has managed to evade arrest since the crime happened on Aug. 4, 2008 even though a warrant for his arrest has been issued. The suspect—Police Chief Insp. Redempto “Boy” Acharon, a first cousin of the then mayor of General Santos City, Pedro Acharon Jr.—was tagged as the second gunman in Cuesta’s killing. He remains at large.
The families said the Philippine government has breached the rights of their loved ones under the International Covenant on Civil and Political Rights, notably the right to life under the convention’s Article 6.
Roque cited previous views expressed by the UN Human Rights Committee which stated that “criminal investigation and consequential prosecution are necessary remedies for violations of human rights.”
He said that under international human rights law, “when a person dies in circumstances that might involve a violation of the right to life, the State party is bound to conduct an investigation and ensure that there is no impunity.”
However, Roque said, the woeful response by the Philippines to these murders has contributed to the impunity for media killings in the country, culminating in the tragic Maguindanao massacre of 2009.
“It’s not surprising that we’re ranked by the Committee to Protect Journalists as the third deadliest country in the world for journalists to work in—and what is the government doing to address this issue? What has it done for these families?” Roque said.
The lawyers for the victims’ families said the killings also amount to a direct assault on the right to free expression. They pointed out that the Philippine government has an obligation under international law to protect journalists from any act that would curtail the enjoyment of any citizen’s freedom of expression. “The murder of journalists is undoubtedly the most extreme way to impair these freedoms,” they said.
If successful, the families hope to be awarded damages for the government’s failure to bring the perpetrators to justice.
Cuesta, married, with seven children, has worked for the radio station RMN-DXMD in General Santos City, Mindanao. He was shot at close range by motorcycle-riding assailants on the afternoon of Aug. 4, 2008, while walking along the National Highway in the city. Before his death, Cuesta had received threats in relation to his recent broadcasts.
Maricel and George Vigo, both broadcast journalists, were shot on June 19, 2006, in Kidapawan City, Mindanao. They left behind five children. Maricel was a host of a weekly radio program that discussed projects in her district.
Lintuan, head of the Davao Sports Writers Association and a daily broadcaster at DXGO, was shot to death on Dec. 24, 2007, along Duterte St. in Davao City. The killers were two motorcycle riders wearing helmets with visors that hid their faces. Lintuan was known as a hard-hitting commentator who criticized illegal logging activities and gambling in the province.
Yu, publisher of the Pagadian City Star, was known for his newspaper’s exposés and was facing libel charges for some stories in his publication. He was shot dead on May 14, 2000, in Pagadian City, Zamboanga del Sur.
A few weeks before his murder, a kidnapping attempt was made upon Yu, which was foiled by nearby security guards. Two days before he was killed, the gasoline station he owned was robbed, with one employee sustaining a gunshot injury on her leg during the robbery.
Yu’s wife was also murdered in April 2010. His family continues to receive threats after the second murder.
Pala, host of two radio programs on DXGO in Davao City, was shot to death on Sept. 6, 2003. He and his bodyguards were ambushed by two armed men using an M16 rifle and a 45 cal. pistol while on their way home. A similar attempt to kill Pala was made in 2001.