PHILIPPINES: Another female activist killed while her husband was wounded

in a shooting in Bohol

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

6 April 2006
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UA-118-2006: PHILIPPINES: Another female activist killed while her husband was wounded in a shooting
in Bohol

PHILIPPINES: Extra-judicial execution; violence against human rights defender and their family; violence
against women; communal violence; collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) regrets to inform you that another female activist
was killed while her husband was wounded in a shooting on 3 April 2006 in Candijay, Bohol.
Activist Liezelda Estorba-Cuñado (30) was declared dead on arrival at hospital while her husband,
Gerry, suffered a gunshot wound to his arm after their neighbour, Joel Bayron, shot them one
after the other.

According to a report from Karapatan (Alliance for the Advancement of Peoples’ Rights), the couple were
awakened early dawn from the sound of Bayron and his wife shouting in front of their house. The Bayron
couple was yelling out that they were communists and terrorists. Gerry and Liezelda went out to confront
the Bayron couple who continued yelling insulting words at them. They also accused Gerry and Liezelda
of throwing rocks at their house the night before.

Gerry suggested that they should solve this problem later in the morning as they were disturbing and
catching the attention of their neighbours. Joel left with his wife but ten minutes later they both returned
with Joel carrying a gun. While Gerry was talking to their neighbours Joel shot him in the arm. Gerry
immediately ran for safety. As Gerry was about to go around his house, he heard his neighbours
screaming, "Gipatay si Inday!" ("He killed Inday!"). Joel had shot Liezelda at close range in her chest
before fleeing.

Their neighbours immediately rushed Gerry and Liezelda to the municipal hospital. Liezelda was declared
dead on arrival. Gerry was later transferred to the Provincial Hospital for treatment. Thereafter, the local
police arrested Joel’s wife, but Joel still remains at large. It was not immediately known whether Joel’s
motive in killing Liezelda had any connections with her work as activist in the area. That they had
screamed to Gerry and Liezelda that they were communists and terrorists, however, insinuates that it may
well have been.

This is yet another instance of violence against activists and their families in the Philippines. On 20 March
2006, a peasant leader was seriously wounded while his wife and son were killed when unidentified
gunmen shot them in Castillejos, Zambales. (Please see for details of the case: UA-107-2006).

SUGGESTED ACTION:
Please write letters to the concerned agencies listed below voicing your condemnation of this case. Joel
Bayron’s wife must be investigated to determine whether Liezelda Cuñado’s killing had any connections
with her work as an activist. Charges must be filed in court against them. If allegations that Liezelda’s
killing had connections with her work, an inquiry regarding reports of Joel’s involvement as a civilian
informer must also be looked into.

Additionally, an investigation must be conducted as to how Joel was able to secure a firearm, who gave
him authority to carry it and who issued it to him. If found that the barangay (village) officials and the
military have any responsibility in Joel’s possession and use of a firearm, they must likewise be
investigated as to whether there was negligence or inaction on their part.

Suggested letter:

Dear ___________,

PHILIPPINES: Another female activist killed while her husband was wounded in a shooting in
Bohol

Name of victim killed: Liezelda Estorba-Cuñado (30) a.k.a. Inday, a resident of Panadtaran, Candijay,
Bohol. She was a mother of two children aged nine and six. She was a staff member of the Gabriela
Women's Party (GWP).
Name of victim wounded: Gerry Cuñado (30), a peasant. He is the husband of Liezelda. He is also the
district Coordinator of party list Bayan Muna (People First).
Name of allege perpetrator: The victim’s neighbour, Joel Bayron, who is believed to be a member of the
Barangay (village) Intelligence Network handled by the 15th Infantry Battalion, Philippine Army.
Date and time of incident: 3 April 2006 between 2 and 3am
Place of incident: In front of the victim's house in Barangay Panadtaran, Candijay, Bohol

It has come to my attention that another female activist, Liezelda Estorba-Cuñado was killed in a shooting
incident while her husband Gerry was wounded on 3 April 2006. According to information I have received,
the couple was shot one after the other in front of their house in Candijay, Bohol by their neighbour, Joel
Bayron. Joel and his wife confronted the couple and accused them of throwing rocks at their house the
night before.

I am aware that Joel, who is reportedly a member of the Barangay (village) Intelligence Network (BIN)
handled by the 15th Infantry Battalion, Philipine Army, publicly labeled the couple as being communists
and terrorists. Although it was not clear whether the attack had any connection with Liezelda’s work as an
activist, I am deeply concerned that it may have been and yet no further investigations were conducted
into this matter.

Although I welcome the arrest of Joel’s wife by the local police, I am deeply concerned that he has not
been arrested as far as I am aware. I urge the local police to exhaust all means for the immediate arrest
of Joel Bayron. An investigation must also determine whether Joel’s motive in killing and wounding the
victims had any connection with Liezelda’s work or was a part of his duty as a BIN member.

The concerned government agencies, in particular the local police, must also investigate from whom the
suspect managed to secure a firearm. The investigation should determine who is to be held liable for the
issuing of the firearm and who gave authorisation to Joel to carry one, if in fact someone did. This case
should not be treated merely as a communal dispute, but rather all possible scenarios should be looked
into.

I urge your office to ensure that further communal violence in the area be prevented. The local police
must also look into whether the BIN operation is recognised by law. I am deeply concerned by the
possibility that villagers are undertaking duties on behalf of the military or police as informers in the
absence of sufficient training and effective complaint mechanisms on abuses they might commit. The role
of BIN members must clearly be defined. To arm villagers and encourage them to take part in areas
where they do not have sufficient training and understanding is a matter of very serious concern.

I trust that you intervention in this case is forthcoming.

Yours sincerely,

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1. Mrs. Purificacion Quisumbing

Commissioner
Commission on Human Rights of the Philippines
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Tel: +63 2 928 5655 / 926 6188
Fax: +63 2 929 0102
Email: drpvq@chr.gov.ph

2. P/DIR Gen. Arturo Lumibao

Chief, Philippine National Police (PNP)
Camp Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763

3. Mrs. Gloria Macapagal-Arroyo

President
Republic of the Philippines
Malacañang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Tel No: +63 2 735 6201 / 564 1451 to 80
Fax: +63 2 736 1010

4. Mr. Erico Aumentado

Provincial Governor
Province of Bohol
2/F Provincial Capitol Building
C.P.G. Avenue
6300 Tagbilaran City, Bohol
PHILIPPINES
Tel. No. (038) 411-3300
Fax No. +63 38 411-4821 / 501-9847
Email: info@bohol.gov.ph

5. Mr. Philip Alston

Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: lventre@ohchr.org

6. Ms. Yakin Erturk

Special Rapporteur on Violence against Women
c/o Ms Vernonica Birga
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
Email: vbirga@ohchr.org (please also cc: rrico@ohchr.org)

7. Ms. Hina Jilani

Special Representative of the Secretary General for human rights defenders
Attn: Melinda Ching Simon
Room 1-040, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
E-mail: MChingSimon@ohchr.org

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (ahrchk@ahrchk.org)