Court slams again gov’t failure to find missing activists

MANILA — The Court of Appeals (CA) granted a writ of amparo to disappeared indigenous rights activists Dexter Capuyan and Gene Roz Jamil “Bazoo” De Jesus, along with their family, stressing that state actors had “egregious shortcomings” in conducting investigation and observing due diligence.

A writ of amparo is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.

“Subpar investigations conducted without any subsequent consistent follow-ups and solely obtaining certifications or documents asserting that: (1) Bazoo and Dexter are not held in custody by any detention facility; or (2) there are no records or information regarding Bazoo and Dexter within their systems, merely represent substantial compliance that fail to meet the extraordinary diligence standard required under the Amparo Rule,” the CA said in an August 12 ruling.

Capuyan and De Jesus were reportedly abducted by armed men identifying themselves as members of the Criminal Investigation and Detection Group (CIDG) while riding a tricycle from a mall in Taytay, Rizal. The legal counsel of the two families, La Viña Zarate and Associates (LVZ Law), noted in a statement that the ruling declares Capuyan and De Jesus as victims of enforced disappearance, pointing to strong indications of the state agents’ involvement.

“The ruling revealed that police had already located and interviewed the tricycle driver who witnessed the abduction. Despite this, the information was withheld from both the petitioners and the Court, with the PNP attempting to claim that the victims voluntarily left with the armed men,” LVZ Law said.

The witness said that the passengers were taken at gunpoint by armed men, proving what the Court said was suspiciously concealed and misrepresented.

“The State failed to discharge its duty to prevent and investigate the disappearance of Bazoo and Dexter. Whether the Respondents faithfully comply with the Court’s firm directives is a matter we will still have to closely monitor–and we will do just that,” Atty. Anton Rodriguez, co-counsel of the petitioners said. Exactly one year ago, on August 14, 2024, Idda Alexa C. De Jesus, sister of Bazoo, and Gabrielle Chuwaley D. Capuyan, daughter of Dexter, filed the petition before the Supreme Court.

The granting of a writ of amparo to the disappeared activists and their family, Idda and Gabrielle, means “a significant step in the search for Dexter and Bazoo”, said Ben Galil Te, co-counsel of the victims’ families under LVZ Law. “The Court’s decision gives us hope that they may soon be found, assuming the Respondents comply with its orders. While we know the road ahead remains long, this is a win not just for the families of Dexter and Bazoo, but for all indigenous rights advocates and human rights defenders.”

This is echoed by Idda in a statement released by lawyers: “We are deeply grateful for the court’s decision to grant our petition for the Writ of Amparo. It’s a powerful message that justice, though delayed, will not be denied. This strengthens our resolve in demanding accountability.”

The CA’s ruling is similar to the case of Felix Salaveria, Jr. On July 21, CA granted protective writs of amparo and habeas data regarding Salaveria’s disappearance, also emphasizing the police’s failure to properly investigate the case. Salaveria’s case is also being handled by the LVZ Law.

Read: Court scores gov’t failure to probe, surface missing activist Felix Salaveria Jr.

Court scores gov’t failure to probe, surface missing activist Felix Salaveria Jr.

“We hope the day will soon come when the State’s practice of forcibly disappearing activists with impunity ends, and that all those responsible will finally be brought to justice,” Te said. (DAA)

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