of the Philippines the criminal justice system is - Article 2

More documents

Recommendations

Info

Getting away with murder Asian Human Rights Commission, Hong Kong With gross violations of human rights continuing unabated and avenues for seeking justice and redress completely lacking, the Philippine government’s institutions are showing little sign of having the will or capacity to deliver justice. The human rights crisis in the country has worsened during 2006. There are numerous serious cases, in particular the shocking targeted extrajudicial killings of activists, enforced disappearance and torture, being documented almost daily. In fact, these gross violations have already become a subconsciously acceptable way of life for Filipinos. These rights violation cases only represent a fairly well-documented fraction of the reality of human rights—or the lack of—in the country. While the government claims to have upheld human rights at home and abroad, in reality the victims of violations and their relatives are experiencing the complete opposite. The government’s election to two of the United Nations main organs— the Human Rights Council and the Economic and Social Council in May and November respectively—does not exonerate the government from its bleak human rights record. Victims have lost faith in the criminal justice system’s vital pillars: the police, prosecution and judiciary. Should they file cases in court and with quasi-judicial bodies, expectations are low concerning the delivery of adequate and prompt justice in most cases. What can victims expect from the Philippine National Police (PNP) when in fact its personnel are not only entirely incapable of carrying out effective investigations, but some stand accused of having committed—or being accomplices to—these crimes? While the police are on occasion able to identify suspects, make arrests and file charges in court, the results of investigations are frequently challenged or questioned by victims themselves. Police investigators likewise often make premature pronouncements as to the motive of killings, and reject any This article consists of edited extracts from the 2006 Annual Human Rights Report of the Asian Human Rights Commission, issued on 10 December 2006. The full text of the Philippines chapter is available online at: http://material.ahrchk.net/hrreport/2006/Philippines2006.pdf 116 article 2 • February 2007 Vol. 6, No. 1
suggestions from the victims’ families that may be helpful in the investigation of the case. The police have also adopted a strange definition of what they consider as a “solved” case. Once a case is with the prosecutor, their job is done. What happens after that is someone else’s business. Although the government is a State-party to international human rights covenants and conventions, in particular the International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic Social and Cultural Rights, its actual implementation of their provisions is derisory. Furthermore, the government has failed to implement most of the December 2003 concluding observations of the UN Human Rights Committee regarding the ICCPR. The unabated extrajudicial killings of activists could have been prevented if not completely stopped had the government seriously addressed [the] “lack of appropriate measures to investigate crimes allegedly committed by State security forces and agents,” and taken all necessary measures to improve the witness protection programme. there are clear patterns before victims are killed “ ” Widespread extrajudicial killings and links to the military and police From January to the start of December 2006, the Asian Human Rights Commission (AHRC) documented the cases of 56 victims of extrajudicial killing around country. This is a fraction of the total number that has occurred in recent years. Attacks on human rights defenders, political activists, human rights lawyers, labour leaders, religious leaders, journalists, peasants and others serving the poor and defending human rights have intensified this year, with killings taking place almost daily in recent months. There are clear patterns before victims are killed: they receive death threats, their names are included in so-called “orders of battle” by the military, they are tagged as either being sympathetic to the left or having “communist” ideologies, and they are subjected to harassment and surveillance. But there are also cases in which the victims had no known enemies and were killed for motives that also remain unknown. Witnesses and the victims’ families—including women and children—are also targeted. Despite mounting pressure on the government from inside the country and abroad, the police have downplayed the killings by stating that they are not a “systematic and widespread” phenomenon. They have also tried to exonerate themselves by putting the blame on the New People’s Army for perpetrating the killings against “enemy spies” and “counter-revolutionaries.” There is an entrenched bias against groups critical of the government. Instead of acknowledging police incapability to halt the killings, there are attempts to discredit efforts made by human rights groups to document and inform about them. article 2 • February 2007 Vol. 6, No. 1 117
Page 1 and 2:
Vol. 6, No. 1 February 2007 ISSN 18
Page 3 and 4:
Contents SPECIAL REPORT: THE CRIMIN
Page 5 and 6:
Burma. But where are these laws fou
Page 7 and 8:
The ALRC is acutely aware that thes
Page 9 and 10:
The criminal justice system of the
Page 11 and 12:
When Alberto Yadan (story 12) was m
Page 13 and 14:
A Statement by the Asian Human Righ
Page 15 and 16:
the policemen who killed Baria afte
Page 17 and 18:
Page 19 and 20:
In his 21 February 2007 comments on
Page 21 and 22:
sufficiently adept at creating lawl
Page 23 and 24:
In his letter, Chief Superintendent
Page 25 and 26:
cannot excuse themselves of their f
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Rotten to the core: Unaddressed kil
Page 33 and 34:
Prof. Jose Ma Cui: Shot dead in cla
Page 35 and 36:
Later, the village chief, Carlito C
Page 37 and 38:
Jesus Servida: Killed for the union
Page 39 and 40:
Roderick Aspili: Shot dead watching
Page 41 and 42:
professors at the Eastern Samar Sta
Page 43 and 44:
a fresh investigation for this purp
Page 45 and 46:
Badilla, Palawan.... jurisdiction,
Page 47 and 48:
Bishop Ramento also openly opposed
Page 49 and 50:
Napoleon Bautista: Abducted, tortur
Page 51 and 52:
The perpetrators questioned Pastor
Page 53 and 54:
Eladio Dasi-an: Gunned down on way
Page 55 and 56:
However, Fr. Geremia was informed t
Page 57 and 58:
Noel Capulong: Shot and killed afte
Page 59 and 60:
Jose Doton: Tailed and shot on moto
Page 61 and 62:
one of the gunmen came close to the
Page 63 and 64:
Enrico had just finished a meeting
Page 65 and 66:
After several questions, the police
Page 67 and 68: Elpidio de la Victoria: No empty th
Page 69 and 70: Amante hid behind a tree some 70 me
Page 71 and 72: Melanio Evangelista: Murdered in be
Page 73 and 74: found surrounding the house. That e
Page 75 and 76: Jose Manegdeg: Same job, new victim
Page 77 and 78: the spot. Those who were seriously
Page 79 and 80: Diosdado Fortuna: “Is there anybo
Page 81 and 82: Dacut and a companion were on their
Page 83 and 84: On October 1, 2004, 327 farm-worker
Page 85 and 86: The AHRC highlighted the case in a
Page 87 and 88: The couple had left Padre Burgos at
Page 89 and 90: It has also been learned that altho
Page 91 and 92: with rifles and the others had .45-
Page 93 and 94: They warned that they would be shot
Page 95 and 96: of the 7th Infantry Division, gave
Page 97 and 98: unnecessarily delayed. Like other l
Page 99 and 100: wore civilian clothes. The men’s
Page 101 and 102: companion, Rahim, after Ed’l Fit
Page 103 and 104: that the remaining equipment of the
Page 105 and 106: esidents about the noise from the c
Page 107 and 108: following us?” He replied, “Ban
Page 109 and 110: The victims, represented by six law
Page 111 and 112: The absence of a law on torture mea
Page 113 and 114: to the detachment, where he was fur
Page 115 and 116: While it is acknowledged that there
Page 117: Fr. Rolando de Leon: Church service
Page 121 and 122: police who initially conducted the
Page 123 and 124: While the constitution guarantees t
Page 125 and 126: Take the case of 11 persons, two of
Page 127 and 128: The Philippines is a signatory to t
Page 129 and 130: 3. The strengthening of agencies fo
Page 131 and 132: permit outside scrutiny, and a very
Page 133 and 134: conviction before one can conclude
Page 135 and 136: (c) The need to restore accountabil
Page 137 and 138: Appendix II: The Melo Commission Re
Page 139 and 140: More importantly, it is also undisp
Page 141 and 142: 5. TFU did not investigate Gen. Pal
Page 143 and 144: 5. Reaction to Gen. Palparan’s st
Page 145 and 146: ... 21. Summary/Notable Matters: a.
Page 147 and 148: My order to my soldiers is that, if
Page 149 and 150: No witness came forward to testify
Page 151 and 152: It being well-nigh obvious that som
Page 153 and 154: (b) With respect to superior and su
Page 155 and 156: Likewise, the utterance of statemen
Page 157 and 158: towards the greater ideals of democ
Page 159 and 160: There should be no requirement that
Page 161 and 162: Even assuming that these victims an
Page 163 and 164: esponding to ensure their protectio
Page 165 and 166: provided in all cases where require
Page 167 and 168: homicide against Buisan. We were in
Page 169 and 170:
uniformed policemen, reportedly fro
Page 171 and 172:
for fear of the lives due to contin
Page 173 and 174:
members of the armed forces, police
Page 175 and 176:
For the time being we must withhold
Page 177 and 178:
The activists and leaders facing th
Page 179 and 180:
7. The national information agency
Page 181 and 182:
8. Retract statement justifying kil
Page 183 and 184:
5. Questionable evidence The police
Page 185 and 186:
knowledge or information on the com
Page 187 and 188:
(f) he has not at any time been con
Page 189 and 190:
Appendix V: Online Petition— Stop
Page 191 and 192:
article 2 • February 2007 Vol. 6,
Page 193 and 194:
The State party should ensure that
Page 195 and 196:
Other special reports published in
show all

of the Philippines the criminal justice system is - Article 2

Create successful ePaper yourself

Delete template?

Save as template?