Mindboggling, troubling offers for Maguindanao massacre victims

Nov 23, 2009

Nov 23, 2009

There are a number of disturbing things in the aborted settlement between the Ampatuans and the relatives of the 14 victims of the Nov 23, 2009 massacre that was considered the deadliest day for journalists (32 of the 58 victims were members of media.

It was aborted because the negotiator, identified in the article of Mylah Reyes-Roque for VERA Files a Jun Chan was killed in an ambush in General Santos city last March 25. The death of Chan underscores the chilling reality that four years after massacre, the killing has not stopped.

A month before, Chan met with relatives of the victims at least twice in a mosque in General Santos with a mindboggling offer: P50 million for each of the victim in exchange for their withdrawing the case against the Ampatuans. The offer raises another troubling aspect: the Ampatuans are still in possession of huge amount of money not covered by the government freeze on their assets.(The Court of Appeals has ordered a freeze on Ampatuans assets as petitioned by Anti-Money Laundering Council. AMLAC has filed a forfeiture case on the assets of the Ampatuans.AMLAC is opposing the motion of the victims’ families to intervene in the forfeiture case.)

The leader of the massacre:Andal Ampatuan, Jr.

The leader of the massacre:Andal Ampatuan, Jr.

The VERA Files article said in the first meeting, families of the victims were asked by Chan, who was accompanied by someone addressed as “Prof”, to sign a document authorizing him negotiate a financial settlement on their behalf in return for 15 percent of the amount.

“We said we would not entertain any offer lower than P50 million, and the emissary said he would talk to his principal,” according to the source.

In the second meeting, Chan told the heirs that his principal was amenable to the amount but asked for two affidavits in return, the source said.

One would be an affidavit of desistance. The other would be an affidavit stating that then gubernatorial candidate Esmael “Toto” Mangudadatu had promised each journalist P30,000 as payment for accompanying his wife Genalyn to the Commission on Elections office in Shariff Aguak to file his certificate of candidacy (COC).

“Akala namin nung una, affidavit of desistance lang OK na, pero sabi nila wala na daw magiging epekto yun sa kaso dahil pwede pa ding mag-prosecute ang gobyerno kahit bumitaw kami (We initially thought that they just wanted an affidavit of desistance, which was all right with us. But they said this would have no effect on the case because government can still prosecute the case),” the source said.

The heirs were asked to state in their affidavit that Mangudadatu promised to pay the victims P5,000 as downpayment and the balance of P25,000 after the COC had been filed, the source added.

Said the source: “Gusto nila na idiin si Toto, na alam nya na ipinapain nya ang buhay ng mga media para makapag-file siya ng COC (They wanted to implicate Mangudadatu by showing that he knew he was putting the journalists’ lives in danger).”
The source also said Chan repeatedly warned them “not to talk to anybody about the negotiations for our own safety.” Hence their silence when he was killed a month later.

Harry Roque, who is counsel for 17 of the victims, four of whom were part of the 14 who agreed to a settlement, said even if Chan didn’t get killed the signed settlement will not be recognized by the court.

“They cannot settle a murder case, especially now that they have already submitted their respective testimonies before the court,” he said.

But what is troubling is the desperation of families of the victims. Roque said “Thus far, it’s been almost 4 years and there is still no end in sight to the criminal prosecution of the Ampatuans. In fact, the Philippine government took almost 4 years just to file the information for the 58th victim, Reynaldo Momay. This should give us a clue on how long the criminal proceedings will take.”

Sen. Joker Arroyo once quipped that with 190 accused, it would take 200 years for the cases to be decided.

Roque scored the government for failure to extend support to the victims beyond lip service. Citing views of the United Nations Human Rights Committee, he said the government is obliged to pay the victims “because it is the state itself that breached its obligation to protect and promote the right of the victims to live. This includes not just monetary compensation, but also all that may be required to restore the emotional and psychological well-being of the victims. “

Roque said the Court has not acted on their motion to order government agencies to provide psycho-social support to the victims.

Strangely, Roque said the motion earned him a petition filed by the accused to cite him in contempt allegedly for “prejudging” the merits of the case.”

Roque said “Unless the Philippine government complies with its duty to pay compensation, the victims will continuously be tempted with schemes that may eventually cause a miscarriage of justice.”

Deputy presidential spokesperson Abigail Valte disagreed with Roque on the monetary obligation of the government to the victims. She, however, reiterated the instruction of President Aquino to the prosecutors “to avoid delay in trying the case and to object to dilatory tactics.”

Ampatuan victims open to negotiated settlement due to delay in trial

By Mylah Reyes-Roque, VERA Files

On the 43rd month of the massacre, 14 of the families' victims  entered into a settlement with the suspected murderers.

On the 43rd month of the massacre, 14 of the families’ victims entered into a settlement with the suspected murderers.

Tired of the slow pace of justice, relatives of 14 of the 58 fatalities in November 2009 Ampatuan massacre had signed an agreement with an “emissary” of the accused to negotiate the settlement of the murder case for P50 million.

But no settlement has been reached to date: The “emissary,” identified as Jun Chan, was killed in an ambush en route to his farm in Barangay Sulit in General Santos City a month after the agreement was signed.

The agreement with Chan was reached the third week of February, and Chan was killed on March 25. But the proposed settlement surfaced only recently when an heir of one of the victims decided to provide the details to highlight how precarious their situation is—financially and security-wise—as victims living in Mindanao.

Lawyer Harry Roque confirmed in radio interviews that four of the 14 heirs who signed the agreement with Chan are his clients.

Click here (VERA Files) for the rest of the story.

SEAPA hails Thai court ruling on death of Italian photojourn

THE SOUTHEAST ASIAN PRESS ALLIANCE (SEAPA) on Monday welcomed the precedent-setting inquest ruling of a Bangkok Criminal Court finding Thai security forces responsible for the death of Italian photojournalist Fabio Polenghi, during a crackdown by state forces on red-shirt protesters in Bangkok on 19 May 2010.

The court ruling issued on May 29, Friday, is an important step “in addressing the impunity by the state on violence against media workers, and not only in Thailand,” SEAPA said in a press statement.

A regional network of independent media organizations, SEAPA said the ruling came after over three years of tumultuous investigations through the administrations of two prime ministers, Abhisit Vejajiva and Yingluck Shinawatra. The ruling in effect certified the result of inquiries by the police and the Department of Special Investigation, SEAPA said.

“The credibility of the process was constantly challenged not only by the continuing high tensions in politics, but also the institutional difficulties associated with obtaining cooperation from the armed forces and other authorities in accessing evidence to uncover the truth,” SEAPA said.

Although the court failed to pinpoint the army personnel responsible for firing the bullet that killed Polenghi, SEAPA said “it identified the only military unit located in the area at the time was the Second Cavalry Division, King’s Guard.”

“The inquest finding represents a rare landmark in the judicial process, thanks to relentless efforts of Polenghi’s family and persistent pressure from the international media community,” it added.

SEAPA said it hopes “that this judicial process can be sustained with a momentum than can bring those responsible to Polenghi’s death to justice, through a fair process that should also be applied to other pending cases, including Japanese photographer Hiroyuki Muramoto and those which do not involve members of the media.”

Polenghi and Muramoto were among some 90 people killed during the protracted military-police operation to end the political protests. Several others including local and foreign journalists were also wounded in the various violent incidents between April and May 2010.

Nonetheless, SEAPA said it is aware of “the continuing threats to achieving justice for victims of violence, including the proposed amnesty bills currently being discussed by both government and opposition parties.”

“At the very least, any form of political amnesty should not be pursued at the expense of uncovering the truth and determining culpability for crimes,”it stressed.

SEAPA has since 2011 highlighted the cases of Polenghi and Muramoto as among the priority examples of cases of impunity in the killing of journalists in the region that deserve urgent redress by the states concerned.

“Impunity,” SEAPA said, “is a chronic failure by states, judiciary and law enforcement agencies to bring perpetrators to justice. It amplifies the damage to the deaths involved since it encourages more killing when perpetrators are not held accountable for their crimes.”

In the past five years violence against media workers in Southeast Asia has worsened, following a global trend, “largely due to the failure by governments in the region to uphold the rule of law.”

The PCIJ is a founding member of SEAPA, together with the Thai Journalists Association (TJA), Alliance of Independent Journalists of Indonesia (AJI), Institute for the Study of Free Flow of Information (ISAI) of Indonesia, and the Center for Media Freedom and Responsibility (CMFR) of the Philippines.

The Center for Independent Journalism (CIJ) of Malaysia is also a SEAPA member, while independent media groups in Myanmar, Timor-Leste, Cambodia, and Vietnam are SEAPA partners.

Mindanao journos, netizens: This PCIJ seminar is for you!

CALLING all journalists, netizens, and bloggers based in Mindanao:

Are you into investigative reporting?

Would you like to attend a PCIJ seminar?

The second of four seminars on “Political Clans, Governance, and Journalists’ Safety” of the PCIJ will be held on July 25-28, 2013 for the journalists, netizens, and bloggers of Mindanao.

June 10, Monday, is the deadline for application.

Who may apply?

Researchers, anchors, producers, editors, news managers, freelance reporters, contributors, and stringers of print, TV, radio, and online media may apply. Citizen media and bloggers covering public policy issues are also eligible.

The seminar will feature the following sessions:

* Media Killings, Political Violence, and Impunity in the Philippines
* Political Clans: Past and Future Links
* The Government’s Purse: Tracking the State’s Resources
* Ethics and Safety: Field and Newsroom Judgment Calls
* The Fundamentals of Investigative Reporting
* Tracking the Investigative Trails
– The Paper Trail: Understanding, Connecting, and Organizing Documents and Databases
– The People Trail: The Art of the Interview
* Putting the Story Together (for print, broadcast, and multimedia)

Funding
The PCIJ will cover:
* Round-trip transportation from the participant’s place of work and/or residence to the seminar venue.
* Board and lodging during the seminar.

The PCIJ will also provide a modest fellowship grant for story proposals that will be approved during or immediately after the seminar.

Application Requirements

1. Completed application form with two references (download here).
2. One or two samples of work discussing public policy, development, human rights, or governance issues.

For print and online: link to the stories or attach copies of stories in Word or PDF

For TV and radio: script, story concept/treatment, talking points, or research materials used in the broadcast story. A recording of the broadcast may also be submitted. Work samples may be submitted via:

a. Mail — enclose the CD or USB flash disk containing the recording of broadcast
b. Email — attach the material or send the link.


Selection process

Applicants will be selected based on the following criteria:
- Track record or experience in covering public policy issues.
- Demonstrated interest in doing in-depth reports on governance, development, and human rights issues.
- Potential for playing a key leadership role within his/her organization or media community.

Successful applicants will be notified within 10 working days after deadline.

The seminar graduates will be accorded priority slots in the subsequent Advanced Investigative Reporting Seminars that the PCIJ will conduct in 2014.

Sending your application:

By email:
Email address: training@pcij.org
Please state ‘Application to Attend the PCIJ’s Basic IR Seminar’ on the subject line

Note: We will acknowledge receipt of all submissions. If you do not receive any reply within three working days, please resend your application and move a follow-up email or call (02) 410-4768.

By fax:
Telefax: (02) 410-4768
Please write ‘ATTN: PCIJ Training Desk’ on the fax cover sheet
Note: After faxing, please call (02) 410-4768 to confirm if all the documents had been transmitted successfully.

By mail:
The Training Desk
Philippine Center for Investigative Journalism
3/F Criselda 2 Bldg., 107 Scout de Guia St.
Brgy. Sacred Heart, Quezon City 1104
Note: We will acknowledge receipt of mailed applications via email or text.

Questions?
Please contact the PCIJ Training Desk at (02) 410-4768 or training@pcij.org


Coming soon: More PCIJ regional seminars!

Luzon
Application Deadline: July 10, 2013
Seminar Dates: Aug. 22-25, 2013

NCR
Application Deadline Aug. 1, 2013
Seminar Dates: Sept. 19-22, 2013

Why attend?

Through combined onsite and field learning sessions, the seminar aims to enhance the participants’ investigative reporting skills and practice, and offer a framework for analyzing media killings and safety issues in the context of governance, the culture of impunity, and the presence of political clans and private armed groups in many parts of the country.

The seminar also seeks to highlight the role of the police and human rights organizations as vital sources of information for journalists.

The seminar will feature lecture-discussions and workshops to identify potential risks and practical safety tips when covering dangerous assignments.

A Story Development Workshop will give participants an opportunity to pitch story proposals that the PCIJ may consider for fellowship grants and editorial supervision.

Experts from the academe, national media organizations, the police, human rights agencies and organizations, and data repository agencies will lead the discussions.

Journalists shot, attacked in Malawi, S Africa, Zambia

JOURNALISTS in Malawi, South Africa, and Zambia were beaten up, shot, and assaulted by security forces in separate incidents this past week, according a report by the Media Institute of Southern Africa (MISA).

A nongovernment organization focused on the promotion of free, independent and pluralistic media, freedom of expression, and media development. MISA runs programs for journalists and photojournalists in countries of Southern African. Its report follows:

In MALAWI:

On Thursday, 30 May 2013 Malawian photojournalist Thoko Chikondi was punched several times by the chief parliamentary security officer at the parliament building as she went about her duties, photographing a consumer rights advocate, John Kapito, who had just presented a petition to the national assembly.

However, the chief security officer, identified as Youngson Chilinda, accused her of taking pictures without permission. An image, which appears on the front page of today’s (31 May) The Daily Times shows Chilinda with his fist raised towards the visibly shaken female journalist while pulling her hair with the other hand.

As a result of the assault, the photojournalist sustained bruises on the back and was treated at Kamuzu Central hospital in the capital, Lilongwe. The matter has since been reported to Lingadzi Police Station.

Chilinda is a retired soldier and has previously expressed political aspirations, losing out on a parliamentary seat in the last election in 2009.

The Chairperson of the Malawi Chapter of the Media Institute of Southern Africa (MISA-Malawi) and also MISA Regional Governing Council Chairperson Anthony Kasunda has condemned the assault on the journalist.

“This is uncalled for and regrettable and a great shock to MISA. We strongly request Parliament to investigate and discipline Chilinda. Parliament is a public place and Chikondi had every right to freely gather and report on what was happening at Parliament. Such barbaric acts must stop,” Kasunda said.

At the time of publishing this alert, it was not clear if Chilinda would be arrested.

In SOUTH AFRICA

Photojournalist Motshwari Mofokeng was on Wednesday, 29 May 2013, wounded in the chest when a security guard shot a rubber bullet directly at him. According to the 30 May edition of The Star, the daily newspaper Mofokeng reports for, the incident occurred while he was “covering an eviction of illegal residents living in a building once used as a factory.”

In his own words, Mofokeng was quoted as saying: “I [was] shot in the chest, but (even) before that, I had been slapped twice. The guard had walked away from me as the pain intensified. We don’t know who he is, or what led to the incident. But I’m sure he’ll soon explain himself in a court of law.”

Just before he fell to his knees after being shot, Mofokeng managed to capture the image the security guard shooting directly at him. The image, along with an inset of Mofokeng’s chest wound, appeared on The Star (30 May) front page.

The Star editor, Makhudu Sefara has said his newspaper will “exhaust every possible avenue to ensure that the man who shot Motshwari face the full brunt of the law.”

He added: “Too many photographers have been beaten and even shot in the line of duty recently. Yesterday (Wednesday) they picked the wrong photographer and the wrong newspaper. We intend making an example here and now before one of our colleagues is killed.”

In ZAMBIA

On Saturday, 25 May 2013 Zambia Army personnel roughed up two photojournalists as they tried to capture pictures of dignitaries laying wreaths at the Freedom Statue as part of Zambia’s commemoration of Africa Day.

In an interview with MISA-Zambia, freelance photojournalist Jean Mandela Ndayesega and The Post newspapers photojournalist Salim Dawood, both confirmed being roughed up when they refused to vacate the advantageous position they had stationed themselves at to capture good pictures of the event.

“We tried to reason with them that we want to get good pictures of the event but they would not listen to us and instead roughed us up.” Dawood explained.

In an interview, Zambia Army Public Relations Officer, Colonel Chris Musonda, said that his institution was ready to dialogue with MISA to ensure a conducive media operating environment in Zambia. “We are there for the people and we will be sure to address such matters,” Col. Musonda said.

MISA-Zambia chairperson, Nalumino Nalumino expressed disappointment at the manner in which the two photojournalists were handled by army personnel.

“We wish to appeal to the Zambia Army to orient their officers on how to handle the media during public events because such incidents, if left unchecked, may lead to censorship on the part of the media and reduced access to information on the part of citizens who both the media and the army want to serve,” he said.

MISA Programme Specialist for Media Freedom Monitoring and Research, Levi Kabwato, has described the journalists who came under fire this past week as “brave”.

“They are all brave. The courage they displayed under fire is inspirational and for that we salute them. We are very relieved that none of them was seriously wounded or even lost their life,” Kabwato said.

“Our promise to them, and all the journalists we serve in this region, is that we will continue to work hard in ensuring that the operating environment is not hostile and that journalist’s rights are respected across SADC,” he said.

He added: “We also appeal to public officials and the wider public to familiarize themselves with the role of journalists in society. Some of these attacks wouldn’t occur if there was sufficient understanding of the critical role played by journalists. We further ask all media houses to ensure that their staff have access to medical cover and are equipped with tools and tactics that can enable them to prevent attacks when covering potentially dangerous beats.”