14.02.2014 Views

of the Philippines the criminal justice system is - Article 2

of the Philippines the criminal justice system is - Article 2

of the Philippines the criminal justice system is - Article 2

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

2.2 Of <strong>the</strong> total <strong>of</strong> 26 media persons killed, twenty one (21) cases have been<br />

filed while five (5) are still under investigation. When asked to explain <strong>the</strong><br />

substantial difference in <strong>the</strong> efficiency <strong>of</strong> <strong>the</strong> investigation on media men<br />

killings v<strong>is</strong>-à-v<strong>is</strong> militant persons, Gen. Razon said that in <strong>the</strong> case <strong>of</strong> media<br />

personnel, <strong>the</strong>re are more witnesses and <strong>the</strong> police have received more<br />

cooperation from <strong>the</strong> media.<br />

3. Cases solved<br />

Gen. Razon stated that <strong>the</strong> PNP deems a case solved in line with a NAPOLCOM<br />

Resolution stating that a “case <strong>is</strong> solved” when a suspect has been identified<br />

and charges have been filed before <strong>the</strong> prosecutor or <strong>the</strong> court, without<br />

prejudice to fur<strong>the</strong>r investigation. However, Gen. Razon clarified that it <strong>is</strong> not<br />

an international definition.<br />

In truth, <strong>the</strong> “solution efficiency” <strong>of</strong> 29% <strong>is</strong> even deceptive or m<strong>is</strong>leading.As<br />

stated in TFU’s updated report “Out <strong>of</strong> <strong>the</strong> total 45 cases filed in court, <strong>the</strong> PNP<br />

has filed 5 cases with 8 arrested suspects who are all in jail; filed 25 cases under<br />

preliminary investigation, filed 1 case with surrendered suspect, while <strong>the</strong><br />

suspects for <strong>the</strong> remaining 15 incidents are still at large and are subject <strong>of</strong><br />

manhunt operations.” It <strong>is</strong> not, <strong>the</strong>refore, entirely accurate that 45 cases have<br />

already been filed in court since “25 cases [are] under preliminary<br />

investigation.” Thus, only 20 cases have actually been filed in court; 25 cases<br />

are only under preliminary investigation. These cases may yet be d<strong>is</strong>m<strong>is</strong>sed<br />

for lack <strong>of</strong> probable cause. Of <strong>the</strong> 20 cases filed in court, <strong>the</strong> accused or suspects<br />

have been arrested in only (6) cases. It cannot <strong>the</strong>n be accurately said that <strong>the</strong><br />

accused in <strong>the</strong> 27 cases have been brought to <strong>justice</strong>. Indeed, with respect to <strong>the</strong><br />

78 cases still under “extensive investigation,” it <strong>is</strong> even doubtful whe<strong>the</strong>r <strong>the</strong><br />

perpetrators can even be identified.<br />

When asked for <strong>the</strong> meaning <strong>of</strong> <strong>the</strong> term <strong>of</strong> “under extensive investigation,”<br />

Gen. Razon said in each case, regular case conferences are held, more men are<br />

assigned to investigate and <strong>the</strong> organization <strong>of</strong> special teams such as TFU.<br />

Upon inquiry, he replied that TFU receives a monthly budget <strong>of</strong> P300,000.00.<br />

As an incentive, each member <strong>of</strong> <strong>the</strong> unit receives P5,000.00 for every suspect<br />

captured or case solved. Gen. Razon fur<strong>the</strong>r testified that <strong>the</strong> PNP has not been<br />

successful in investigating <strong>the</strong> killings <strong>of</strong> militants because <strong>the</strong> CPP/NPA has<br />

terrorized <strong>the</strong> witnesses.<br />

4. Reason for political killings.<br />

Gen. Razon admitted that TFU still cannot explain <strong>the</strong> reason for <strong>the</strong> increase<br />

in political killings. Thus, TFU fell short <strong>of</strong> its objective to “establ<strong>is</strong>h who <strong>is</strong><br />

responsible for <strong>the</strong> killings” and to determine whe<strong>the</strong>r <strong>the</strong>re <strong>is</strong> a pattern <strong>of</strong><br />

serialized killings victimizing left<strong>is</strong>t activ<strong>is</strong>t and journal<strong>is</strong>t.”<br />

4.1 Gen. Razon refused to attribute <strong>the</strong> upsurge <strong>of</strong> political killings to <strong>the</strong><br />

President’s declaration <strong>of</strong> an all out war against <strong>the</strong> commun<strong>is</strong>t insurgents.<br />

4.2 But he was quick to say that <strong>the</strong>ir records show that <strong>the</strong> killings are <strong>the</strong><br />

result <strong>of</strong> CPP/NPA” own purging because <strong>of</strong> “financial opportun<strong>is</strong>m.” Gen.<br />

Razon admitted that he agrees with <strong>the</strong> statement <strong>of</strong> Gen. Palparan that<br />

organizations such as Karapatan and Bayan Muna are “fronts” <strong>of</strong> <strong>the</strong> CPP-<br />

NPA, and that unless “we stop fooling ourselves that <strong>the</strong>y are not fronts, we<br />

will not be able to solve <strong>the</strong> insurgency problem.” He fur<strong>the</strong>r asserted that <strong>the</strong><br />

NDF and Bayan Muna provide support, money, resources, and legal ass<strong>is</strong>tance<br />

to <strong>the</strong> CPP/NPA.<br />

However, when asked by Chairman Melo whe<strong>the</strong>r TFU has data on whom<br />

among those killed were finance <strong>of</strong>ficers, Gen. Razon could point to only two<br />

victims who were allegedly involved in financial operations.<br />

138<br />

article 2 • February 2007 Vol. 6, No. 1

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!