Wikileaks Note: The full text of this cable is not available.

C O N F I D E N T I A L SECTION 01 OF 02 MANILA 005521 SUBJECT: EXTRA-JUDICIAL KILLINGS IN DAVAO AND CEBU HIT NEW HIGHS REF: A. MANILA 5346 B. MANILA 3754 C. MANILA 1774 Classified By: Political Officer Machut Shishak for Reasons 1.4 (b) and (d) 1. (SBU) Summary: Justice Secretary Gonzalez has issued the first public statement by a high-ranking Philippine administration official on the extrajudicial killings of suspected criminals in Davao and Cebu, which continue to increase. This year, at least 147 have been killed in Davao and 104 in Cebu. Local officials appear to openly condone these crimes, and it remains to be seen whether Gonzalez' statements will result in any concrete actions. No arrests have yet been made for past killings, and the killings continue to erode an already low level of public confidence in the rule of law. Mission will continue to urge the apprehension and prosecution of those responsible. End Summary.

----------------------Davao Killings Hit 147 ----------------------2. (U) The Davao-based NGO Kabataan Consortium, a founding member of the Coalition Against Summary Executions (CASE) recorded 147 cases of summary executions in Davao City from January to November 5, an increase of ten since August (ref b). According to press reports (which are not always accurate), the number reached 169 by mid-November. Most of the victims were suspected drug pushers and thieves whose killings have been attributed to suspected members of the "Davao Death Squad" (DDS), the shadowy vigilante group that is suspected of killing 104 persons last year, according to Kabataan (see refs b and c). 3. (SBU) Kabataan documented one case of attempted murder in October in which the alleged "vigilante" suspect was arrested but posted bail. The trial hearing was scheduled to start on November 28, but Kabataan informed Pol FSN that the victim's family has withdrawn their complaint and that the case will likely be dismissed as a result. Kabataan has five other cases it wants to bring to the courts, but is worried about the level of protection local police would provide to its witnesses. ------Cebu 94 -------

4. (SBU) According to press reports confirmed by Cebu City Councilor Procopio Fernandez, the number of vigilante-style killings in Cebu reached 104 in mid-November. The killings began in December 2004, when Cebu City Mayor Tomas Osmena announced the creation of a special police "Hunter Team" to crack down on crime. In one recent example, on October 1 a gunman in Cebu shot and killed a man who had been jailed six times for alleged petty crimes. 5. (U) The Cebu City chapter of the Integrated Bar of the Philippines approved a resolution on October 5 asking the House of Representatives to address the failure of local authorities to resolve or stop the summary executions of people with criminal backgrounds in Cebu and other parts of the country. Cebu's Roman Catholic Archbishop Ricardo Vidal and the Cebu Commission on Human Rights have also continued to be critical of city government officials for failing to curb the killings. --------------------------------Mayors Appear to Condone Killings --------------------------------6. (SBU) Public officials, including the mayors of both Cebu City and Davao City, appear to condone if not encourage these killings. In October, Mayor Osmena publicly speculated that vigilante killings had frightened criminals in Cebu City and reduced crime. He was referring to a reported 31 percent decline in the incidence of robberies between

January and September, according to local police statistics. Osmena has also stated in the press that solving vigilante killings is among the least of his priorities. (Note: One reason why some officials and members of the public may condone such killings is a weak judicial sector, partly reflected in a low conviction rate; in this context, "quick" justice becomes a way to circumvent a slow-moving and inefficient or corrupt judicial process. End Note.) 7. (C) Andrei Seeto, the human rights reporting officer at the Embassy of Australia in Manila, told poloff that during a recent conversation he had with Davao City Mayor Duterte, the mayor very bluntly said the killings were what criminals understood and that was "the way things are done here." Duterte also criticized human rights groups for "putting ideas" into people's heads about the killings. ----------------------The GRP Speaks, Finally ----------------------8. (SBU) On September 15, Justice Secretary Raul Gonzalez issued a statement ordering the National Bureau of Investigation (NBI) to investigate the reported extrajudicial or vigilante killings in Davao City. Gonzalez stated, however, that these reports were unsubstantiated. He claimed that police investigations show that many of these cases are not vigilante killings, and that media reports blow the real situation out of proportion.

According to the Chief State Prosecutor, the investigation will be a joint effort by members of the NBI headquarters and regional Davao office. In October, Gonzalez also ordered the NBI to investigate the killings in Cebu. An NBI official told Pol FSN said the NBI in Cebu was investigating some cases of summary killings but that these were not yet classified as vigilante killings. ------Comment ------9. (C) These vigilante killings, together with the killings of leftist activists (ref a) and journalists (septel) are eroding public confidence in the rule of law. Despite GRP assurances that it is investigating the killings, there has been little action on the ground. It remains to be seen whether Gonzalez' recent statements will lead to arrests and convictions or a decline in vigilante killings, especially when local officials appear to condone these crimes openly. Mission continues to urge the GRP to vigorously investigate these killings and bring to justice those responsible, as well as to support and encourage reform of the PNP and judicial system. Jones (Edited and reading.) reformatted by Andres for ease of