Today, August 30, on the International Day of the Disappeared, Families of the Disappeared for Justice (Desaparecidos) and KARAPATAN remember all victims of enforced disappearance and continue to call on the State to surface them and tell the truth about their disappearance.
As part of their continuing demand for accountability from the perpetrators and justice for the victims, families of desaparecidos submitted a letter to the Supreme Court on Friday calling for a thorough review of the writs of amparo and habeas data, citing the failure of these judicial remedies to adequately protect victims of enforced disappearance and their families. The letter, signed by families of desaparecidos, including those who have filed petitions for the writ of amparo, was addressed to Chief Justice Alexander G. Gesmundo.
“For many families, the promise of these measures remains unfulfilled,” said Edita Burgos, KARAPATAN vice-chairperson, and mother of missing farmer-activist Jonas Burgos. “What families have experienced are delays, procedural roadblocks, and lack of meaningful enforcement.”
More than 1,900 victims of enforced disappearance have been documented in the Philippines since the Marcos Sr. regime. Since the writ of amparo took effect on October 24, 2007, there have been 272 documented cases of enforced disappearance, with 206 cases recorded during the Arroyo administration, 29 during the Aquino administration, 20 during the Duterte administration, and 17 under the Marcos Jr. administration.
“Rather than ensuring immediate protection and accountability, many petitions have been met with procedural delays, dismissals, or orders that are inadequately enforced,” Burgos added.
This August also marks the second year since the disappearance of Felix Salaveria Jr., who was abducted in Tabaco City, Albay, on August 28, 2024, and that of James Jazmines, who disappeared on August 23, 2024, after attending Felix’s birthday gathering in the same city. Despite the Court of Appeals’ grant of writs of amparo for Felix and James, both remain missing. Court reprimands against the police for their failure to exercise extraordinary diligence in searching for the missing activists have not led to their surfacing.
“For two years, Felix and James have remained missing under the Marcos Jr. administration. This government cannot simply wash its hands of their continued disappearance. Its failure to surface them, coupled with the continuing policy of abduction and enforced disappearance against activists and critics, makes the Marcos Jr. government accountable for their continued disappearance. As long as Felix and James and the 14 others abducted under the Marcos Jr. administration remain missing, alongside the thousands who disappeared under previous regimes, the current administration remains accountable for the perpetuation of one of the worst forms of human rights violations perpetrated by the State,” Burgos said.
The groups stressed that the continued disappearance of victims despite the utilization of judicial relief also reveals the ineffectiveness of the writs of amparo, habeas data, and habeas corpus as existing judicial remedies.
State forces have also failed to comply with Republic Act No. 10353, or the Anti-Enforced or Involuntary Disappearance Act of 2012, amid the thick veil of impunity that continues to shield the masterminds and perpetrators of enforced disappearance. Families have had to contend with the State’s lack of empathy and accountability in addressing a grave human rights violation perpetrated by State forces.
“With our prolonged anguish amid the prevalence of impunity, we are aghast that many more become victims of abduction and enforced disappearance even after our loved ones have disappeared,” Burgos said.
Desaparecidos and KARAPATAN vowed that families, friends, and advocates will not relent in their struggle to demand justice and continue the search for victims of enforced disappearance.
“The way to honor Felix, James, Jonas, and all other victims of enforced disappearance is to keep their names and stories alive and ensure that those who masterminded their disappearance are met with justice,” Burgos said.
“We will never forget the disappeared, and will not stop demanding: Surface all Desaparecidos! Justice for all victims of State terror!”