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Two Cases of IHL Violations
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Atty. Dianne De Leon
CHR
I will be presenting two cases. We opted not to
disclose the title of the case as well as the identities
of the parties for these cases are still pending
in
investigation with the Commission on Human Rights.
Case No 1. ls about a killing of a ceftain victim and
wounding of another which occurred sometime
in July 2011. During that time, the victim, his son
and his mother were sleeping inside their nipa hut
situated in a barangay somewhere in Bulacan. The
shooting that happened was allegedly caused by the
indiscriminate flring allegedly committed by soldiers
which resulted in the death of the victim and the
woundlng of the victim's son.
The last case happened sometime in March 2012,
when a sudden explosion was heard in a certain
barangay in the province of Capiz. As a result, a
child, six years old, was killed, and another child,
three years old, was severely wounded. Said children
Said soldiers were said to have mistaken the victim
as a member of the NPA. The wounded son of the
victim alleged that while in confinemeni at the V.
Luna Hospital, he was forced by the soldiers of the
Philippine Army to admit that he is a member of NpA
and out of fear he was forced to sign a blank paper.
Again, when he was transferred to Fort Bonifacio
Hospital he was forced to admit that he is an NpA
but he replied that he is a mere charcoal maker.
The CHR conducted an investigation particularly the
Regional Office in Region 3. An ocular inspection was
also conducted where the team recovered 43 shells
from an unknown caliber of flre arms, which we later
were playing
in their own
backyard when the
explosion happened nearby, hitting both victims on
different parts of their bodies. Both were brought to
the hospital for medical treatment
Police conducted an investigation but unfortunately,
the crime scene was already contaminated allegedly
by some of the community people. Fortunately,
a
barangay official was able to find an alleged shrapnel
from an M203 grenade. They went to the Philippine
Army detachment in the area and conducted an
inventory of the ammunition of each and every person.
According to PNP all ammunitions were accounted
for, including holders of M203 grenade launchers.
endorsed to the PNP Regional Crime Laboratory for
comparison with the slugs found in the buttocks of
the victim and his wounded son. The case is still
pending investigation before the CHR but we already
The victims father and other witnesses alleged that
before the explosion they heard a soft explosion and
requested the chief of staff of the AFP to allow the
members of the concerned infantry battalion of the
was situated 200 meters away from where the incident
Philippine Army to submit their respective firearms
for ba llistic exa mi nation.
a whooshing sound I1om the army detachment that
happened. Thereafter they heard the explosion
downhill from the detachment The status of these
cases are still pending before the Commission.
Itaguyod ang IHL Sibilyan Pangalagaan