Finding the missing: Media and the disappeared

APRIL 28, 2024 marked one year since the abduction of Cordillera activists Gene Roz “Bazoo” De Jesus and Dexter Capuyan in Taytay, Rizal – activists who have yet to be found. Enough headlines have called attention to their disappearance but as families continue their search for their missing loved one, media should scale up coverage that can help hold perpetrators accountable. 

De Jesus and Capuyan are just two of the 16 cases of enforced disappearances recorded under the presidency of Ferdinand Marcos Jr.  The disappearances of activists and human rights defenders have marred the record of past administrations, but perhaps, nothing can match the record of Ferdinand Marcos Sr. in the number of persons who were “disappeared.”  

The current wave of cases suggests that little has changed in the mindset of law enforcement agents, whose conduct has been dismissive of due process in dealing with those regarded as “enemies of the state.” According to Karapatan’s year-end report in 2023, 13 cases of enforced disappearances were recorded from July 2022 to December 2023, which raises questions about the sincerity of Marcos Jr.’s words. 

While the media has consistently reported on cases of enforced disappearances, the coverage has lacked the kind of information that can hold perpetrators to account.

Media did follow closely the cases of Dyan Gumanao and Armand Dayoha and Jhed Tamano and Jonila Castro. Rappler and Bulatlat picked up a crucial background that other reports missed, noting the pattern of presenting the disappeared as “fake surrenders” – presenting their disappearance as voluntary on the part of the victims. 

But the cases constitute a human rights crisis that the media cannot report as isolated incidents or episodes. Coverage should help the public understand that disappearances have become a pattern. Reporting cases as they happen have limited impact, especially when reports are devoid of a human rights lens.

To sustain meaningful coverage, newsrooms must apply a strategic approach. Journalists must develop their capacity to report on legal paths that will force the state to make known the whereabouts of the “disappeared” and eventually release the victims. Reporters must connect with experts, lawyers, and human rights activists about the ways and means to scale up efforts to locate the victims and force agencies to release them.

Understanding existing laws and its lapses

“Most of the cases of enforced disappearances have no lead,” Alfred Balajola, Commission on Human Rights (CHR) Investigator, admitted to Rappler. This perhaps is the biggest roadblock for families and progressive groups in finding their loved ones, and the media to continue their story.

Lawyer Antonio La Viña said in his column that a lot has changed in law. The Anti-Enforced or Involuntary Disappearance Act (Republic Act 10353), was signed into law in 2012 by then-President Benigno “Noynoy” Aquino III. The culmination of 16 years of lobbying by victims’ families, it is the first and most comprehensive anti-enforced disappearance law in Asia. But the law has not been implemented at all, and more activists have disappeared since its enactment.

Families of Victims of Involuntary Disappearances (FIND) said that the law highlights the different character of human rights violations, setting these apart from ordinary crimes. 

The Human Rights Watch (HRW) added that “by most accounts, this law has proven useless.” HRW has pressed Marcos Jr. to push for the Senate’s ratification of the International Convention for the Protection of All Persons from Enforced Disappearance, the prompt and impartial investigation of disappearance cases, and the appropriate prosecution of those responsible, regardless of position or rank.

Mary Bacalso, executive director of FORUM-ASIA, wrote in Vera Files that “the Philippine government’s refusal to ratify this fundamental international human rights treaty, which guarantees the right to truth and protection against enforced disappearances, can be attributed to a lack of political determination, concerns about international oversight and subsequent accountability, and a reluctance to fulfill reporting obligations.”

The CHR Protection Cluster also agrees on the need to sign on to the international convention. In a Viber message to CMFR, the Legal Office said that while the RA 10353 is already in place for victims of enforced disappearances, the country’s ratification of the convention will help strengthen the monitoring mandate of the Commission and the government’s implementation of the law. 

CHR sent CMFR a copy of their position paper, pointing out “notable challenges” in implementing the law. The paper also suggests amendments to make the law more effective. Various agencies neglect to fulfill requirements, such as keeping information they are required to disclose, such as the location of detention centers and promptly submitting written certification of persons in captivity.

Karapatan pointed to the existence of “secret prisons” scattered throughout the country, where desaparecidos may be held. The CHR can investigate these detention centers, but the Commission said that various agencies fail to comply with requirements. 

CHR also cited Administrative Order (AO) 35, issued in 2012, which monitors cases of enforced disappearances. “If the case is within its mandate, special investigative teams are created and CHR is invited to be part,” CHR said. But in 2021, Rappler published an explainer on the AO 35, pointing to its poor track record and zero cases recorded during the Duterte government.

Protective writs

Media reports can also focus on petitions filed by activists. Activists have filed protective writs, such as the writ of amparo. A writ of amparo is a legal remedy for persons whose right to life, liberty, and security were violated or threatened by “an unlawful act or omission of a public official or employee, or of a private individual or entity.” An amparo, if granted, would come in the form of a protection order which functions like a restraining order. Tamano and Castro filed a petition for a writ of amparo before the Supreme Court, which the high court granted.

Meanwhile, the families of De Jesus and Capuyan filed petitions for writ of habeas corpus in the Court of Appeals. A writ of habeas corpus is a judicial remedy that orders who has custody of a person to produce them in court and explain the legal basis for depriving their liberty.

While CA granted their first petition, it dismissed the second one as both the military and police denied that Capuyan and De Jesus are in their custody. Their families told Bulatlat that they discussed the case with a new group of lawyers, and will file new petitions for legal remedy in May. 

In late 2020, the Supreme Court promised to review the efficiency and strength of protective writs, adding that it will have indicative results by the first quarter of 2024. 

Recently, on May 8, the Supreme Court ruled and clearly defined that red-tagging threatens a person’s right to life, liberty, or security. It granted a writ of amparo in favor of former Bayan Muna lawmaker Siegfred Deduro – a landmark ruling and another case that can be closely looked into as reference for other reports.

Rising number

Despite existing laws and legal remedies, La Viña said in an interview with CMFR that “the blank spot and blank data” is the real challenge in these cases, rendering the law and remedies ineffective. He added: “Hindi batas yung sagot. Ang sagot ay yung kapag alam mo na sino yung kumuha. Ang sagot – vigilance and immediate response.” (The answer is not the law. The answer is when you know who the abductors are. The answer is vigilance and immediate response.)

As of December 2023, CHR documented 97 cases since the law’s implementation in 2012. This is far from FIND’s count which documented 183 disappearances since 2012. “61 cases have been resolved or finally disposed and 36 cases are under investigation or pending disposition.” CHR also said that they awarded financial assistance to 4 cases and 7 cases are recommended for financial assistance.

But this is little comfort to the families of Capuyan and De Jesus who officially marked one year of searching, or to activists who spoke out and now fear for their safety daily, and to many other families who have been searching for decades.

As for the media, La Viña said human rights issues should be “mainstreamed,” and involve other sectors like the church, non-Left-leaning organizations, and the academe. This should not be left to ordinary reports but should be subject to long-form journalism and more investigative pieces – “parang (like a) detective because that will help point out who the perpetrators are.” 

Media should also ask the hard questions. For one, why are law enforcement agencies resistant to following and implementing the law?