[WAC news alert] Labor activist' family clueless of gunmen's sketch, investigation

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Workers' Assistance Center

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Dec 17, 2006, 10:12:22 PM12/17/06
to WAC news alert
A press release by the Workers' Assistance Center, Inc. (WAC)

December 18, 2006

Labor activist' family clueless of gunmen's sketch, investigation

While the Imus police claimed to have completed investigation and have
produced the cartographic sketch of the alleged gunmen of murdered
labor activist Jesus Buth Servida, the latter's wife Maricel today
was clueless of any result of investigation by the police.

"Wala pong ibinigay sa amin (cartographic sketch). Wala pong kumausap
sa amin simula nung napatay ang asawa ko. 'San po ba kukunin 'yon?
(We were not given anything. Nobody (police investigators) speak to us
after my husband was killed. Where are we going to get it?), was
Maricel's remark when asked to on the investigation result today.

According to Maricel none of the police investigators from Imus
Municipal Police Station (IMPO) approached them as part of their
investigation. The police's claims that they already completed their
investigations and produced sketches of gunmen came to a surprise.

The Solidarity of Cavite Workers (SCW), an alliance of labor groups,
therefore challenged the police investigators, in particular Supt.
Efren Castro, chief of the IMPO to produce the result of their
investigation, cartographic sketches and to coordinate with the
victim's family. The police's claim did not convince the victim's
relatives and colleagues that the motive of his death was "business
rivalry" and not caused by is activism.

During the funeral mass in Bucandala Church on Sunday, Ramil Tined,
president of the Samahan ng mga Manggagawa sa EMI (SM-EMI), read in
public the union's manifesto condemning the report by the Imus
Municipal Police Office (IMPO) as lies that Servida's death was
business rivalry and not politically motivated, nor part of the
unabated killings of activists.

"Mariin naming itong pinabubulaanan. Kinokondina ng opisyales at
buong kasapian ng unyon ang brutal na pagpaslang kay kasamang Buth at
bigong pagpaslang kay kasamang Jowel" (We strongly deny this (police
report). The officers and members of our union condemn the brutal
killing of Buth and attempt on the life of Jowel (Sale)," Tined said
quoting the manifesto.

Sale was with Servida and two other companions when they were attacked
in front of the gate of a Japanese-owned factory, EMI Yazaki on
December 11. Sale remains being treated for his serious injuries on the
face at a local hospital in Dasmarinas, Cavite.

Servida's colleagues at the SM-EMI are not convinced with the
police's finding and believed his murder was a sequel to the attempt
on the life of Gerardo Cristobal in April 28 this year by gunmen later
identified as intelligence officers and civilian assets attached to the
IMPO. They, however, urges the police investigators to continue
investigations into Servida's murder.

Prior to Servida's death, his relatives noticed persons asking for
him and his whereabouts at their house. Before Servida was killed, he
already had threats on his life. There are unknown persons who are
looking for him in his place in Barangay (village) Malagasang, Imus.
There was also several times where he relayed these concerns to the
officers of the SM-EMI union.

According to the union's manifesto, they no longer expect for justice
but should there be evidence to warrant to the police' theory that
the motive was "business rivalry" it is necessary that this should
be pushed through because this will led to the doorsteps of the office
of Governor Ireneo "Ayong" Maliksi of Cavite.

The union believed that the persons responsible to the alleged
"business rivalry" are the same persons who are behind the Cavite
Industrial Peace Advisory Group (CIPAG) and Barangay and Community
Alternative Leaders (BACAL) of the office of the Provincial Governor
(OPG). These are all implementing the busting of unions in Cavite,
harassment of union leaders in the community and factories, and showing
off firearms to sow fear to workers willing to form labor unions.

What did Servida do why he was killed?

Servida was one of those critical of the undue interference by the
office of Governor Maliksi regarding formation of unions inside the
EMI-Yazaki and its implementation of the No union, No strike policy
within the province of Cavite.

Servida was also the spokesperson of the EMI in rallies. He bravely
exposed in all rallies the corruption by persons who claimed to be
"consultants" of Governor Maliksi in CIPAG with the funds of the
Kristong Manggagawa sa EMI (KM-EMI) union. These consultants were
serving the union's funds as their "milking cows".

He also strongly criticize in previous rallies these corrupt practices
the inclusion of some officers of KM-EMI in the payroll of the OPG as
organizers for BACAL. These union officers were earning salaries as
employees of EMI-Yazaki, earning salary from the union's fund and
they also earn salary as organizers for BACAL of OPG. The KM-EMI is
part of BACAL, and BACAL is an electoral machinery of Governor Maliksi.

Servida also bravely criticize the carrying of firearms in public by
these "consultants" of CIPAG and the officers of the KM-EMI as
organizers for BACAL outside and inside the factory of EMI-Yazaki. They
were however not confronted by police nor arrested because they were
riding on government-owned vehicles of the province.

As labor activist, Servida decided to organize the workers and
community in Imus and Bacoor, all in Cavite after he was dismissed from
work in EMI-Yazaki. He explained to the workers the value of unionism,
the right to livelihood and the unity to fight the No union, No strike
policy of Governor Maliksi.

Servida has no known enemies in the community at even inside the
EMI-Yazaki. What his enemy was the No union, No strike policy of
Governor Maliksi, his "consultants" for the CIPAG, and former
officers of the KM-EMI who organized the BACAL for the incoming
elections.

At the time of his death, Servida's stance to form a genuine union
that would defend his fellow workers rights was strong. Servida's
campaign got the ire of the management and their rival union KM-EMI.
Servida had exposed the rival union's corruption and malpractices.
Servida's labor activism was too costly for him and his own family
that in December 2005 he was dismissed from his work.

In an effort to continue helping his fellow workers, when the SM-EMI
union won the certificate election (CE) in a landslide vote and later
finally signed the CBA in November 2006, Servida agreed to become the
union's full-time organizer. Servida's main function as an
organizer was to help other unorganized workers in Imus to organize
themselves into union to defend their rights.

No credible, efficient police investigations

The involvement by some of intelligence officers of the IMPO's in an
ambush of Gerardo Cristobal puts their credibility to conduct a fair
and impartial investigation into a serious question.

After Cristobal was ambushed, the police quickly pronounced it was
Cristobal who ambushed their intelligence officers and not their men.
They likewise immediately filed fabricated charges multiple frustrated
murder against Cristobal in court and had him securely guarded at the
hospital by armed policemen after the shooting. The charges, however,
was later dismissed.

Despite demands by Cristobal's colleagues and the regional human
rights groups Asian Human Rights Commission (AHRC) for a separate fresh
police investigations, it was not done so. The IMPO were likewise not
held accountable for the false charges they filed against Cristobal in
court. Nor they were met with sanctions despite serious allegations
that their men were involved in the ambush.

When Servida was murdered on December 11, it was the same police unit
who conducted the investigations into the case. As expected, they
quickly declared his death as a "business rivalry".

Harassment at the funeral march, protest

Katarungan para kay Jesus Buth Servida, Katarungan! (Justice for Jesus
Buth Servida)

Is what the chant by hundreds of mourners of Servida mostly wearing
black shirts, red and black armbands and streamers condemning his
death. The mourners brave the noontime scorching heat of the sun and
three-hour funeral march from Servida's house to the Bucandala Church
and to the Imus Cemetery where he was laid to rest on December 17.

And when the funeral march was held for Servida, elements of the Imus
Traffic Management Office (ITMO) had a shouting match at the mourners
joining the funeral march and nearly clash with them soon after the
latter came out of the Bucandala church. The ITMO were insisting to
insert the vehicles pass through the line to which the latter strongly
opposed.

"Mga walang kayong konsensiya, wala kayong respetu sa patay (You have
no conscience and respect for the dead)," said one of the protesters
telling the traffic enforces.

Had one of the traffic enforcer's colleagues not convinced his
colleagues to let the mourners and protesters passed, he would not
agreed to do so.

When the march reach a police station beside the Municipal Hall on
their way to the cemetery, heavily armed policemen who are members of
Special Weapons and Tactics (Swat) of the Imus Police have already
positioned themselves outside as if preparing for an assault. A fire
truck was also seen parked in front of their office.

Soon after Servida was laid to rest, the mourners and protesters
trooped to the police headquarters in Imus, Cavite to once again
express condemnation. Few minute later, the policemen inside were seen
started taking pictures of the protesters outside. A fire truck later
arrived and went inside the police camp. No one came out to speak with
the protesters though.

The protesters later peacefully dispersed.

Those joining Servida's funeral march were members of the Samahan ng
mga Manggagawa sa EMI-Yazaki (SM-EMI), Solidarity of Cavite Workers
(SCW), Workers' Assistance Center, Bagong Alyansang Makabayan
(Bayan-Cavite), Cavite Enumenical Movement for Justice and Peace
(CEMJP), Kalipunan ng mga Damayang Mahihirap (Kadamay).


You can read the manifesto written in Tagalog by the SM-EMI to links
below;

http://www.wacphilippines.com/wp-content/uploads/2006/12/Press%20statement%20of%20the%20Samahan%20ng%20mga%20Manggagawa%20sa%20EMI%20(SM-EMI).pdf

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