of the Philippines the criminal justice system is - Article 2

A Statement by the Asian Human Rights Commission
Police “solve” cases but killings continue
AS-171-2006, July 21, 2006
The Philippine National Police have a unique definition of the word “solved”.
According to them, once a charge is filed against a suspect with the Office of the
Prosecutor it is solved. Suspects not arrested? No matter, it is solved. Investigation
flawed? No matter, it is solved. Requests of victim’s family for more inquiries
unanswered? No matter, it is solved. Witnesses got no protection? No matter...
Once the case is with the prosecutor, they reason, their job is done. What happens
after that is someone else’s business.
This approach has serious implications for victims of the relentless extrajudicial
killings and other grave abuses of human rights going on in the Philippines. Take
the case of slain activists George and Maricel Vigo, a husband and wife who were
killed this June 19 in Kidapawan City. A special unit was set up to probe the
killings and it promptly identified and filed criminal charges against the alleged
perpetrators. Despite deep dissatisfaction with its findings among the victims’
relatives, the unit is reportedly refusing to make further inquiries. It also
apparently could not care less about the grave security threats to witnesses and
family members. Case solved.
When labour leader Gerardo Cristobal survived an attack on April 28--allegedly by
policemen attached to Imus Police Station, Cavite--he was himself charged with
frustrated murder by police investigators on that same day. Those who filed charges
against him are the subordinates of those who have been accused of attacking
him. There has been no impartial investigation to look into the alleged attempt
on Cristobal’s life. He has been charged; case solved.
The killing of a soldier during a February 10 raid at a military detachment in
Cabiten, Mankayan, Benguet led to the filing of robbery with homicide charges
against 11 persons whom the police illegally arrested and allegedly tortured in
Buguias two days later. Although the court ruled that the arrest was illegal, still
the police have insisted on filing the case. Again, there has been no impartial
and independent investigation into the torture allegations in this “solved” case.
Solving cases is all about performance efficiency. No doubt it suits the purposes of
the PNP to lower the bar for what qualifies as a solved case because it gives a
better impression of its supposed efficiency. Unfortunately, the reality is the
opposite. While it is true that police authority is limited to conducting investigations
and filing charges in court, efficiency rest on the outcomes of those cases: whether
or not the real perpetrators are charged; whether or not the investigation has
been done properly; whether or not the case stands up in court; whether or not the
witnesses and relatives of a victim are free from threats and attacks. By any of
these measures, the work of the Philippine police is a dismal failure and “solved”
cases are few. The effect of encouraging police to “solve” cases simply by getting
them into court is in fact to encourage them to rush inquiries, torture innocent
persons, neglect the needs and protests of concerned persons and ignore all the
consequences.
The duty of the police does not end with the filing of a case with a prosecutor. It
ends only when justice has been duly served. It involves sincerity in dealings
with the victims and their families. The filing of charges is (continued overleat)
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