of the Philippines the criminal justice system is - Article 2

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Gen. Palparan affirmed his earlier statement made before the Court of Appeals wherein he said that these seemingly legitimate and ordinary organizations are actually enemies of the state. He made an exception, however, with respect to members of these organizations who may not really be enemies of the state but are considered as such due to their membership in these organizations. In an interview by Pia Hontiveros and Tony Velasquez on the TV Program “Top Story,” Gen. Palparan was asked why he considered organizations like Bayan Muna as fronts for the NPA. In response thereto, Gen. Palparan said “… a lot of the members are actually involved in atrocities and crimes …” When asked what evidence he had to support this allegation, he said that he had no evidence, but that “he could feel it.” At the Commission hearing, however, Gen. Palparan said that there are witnesses who are former members of these organizations that have severed their membership who can attest to this. These witnesses or their statements were not presented to the Commission. Gen. Palparan also stressed that “a lot of members” and not all members are involved in atrocities and crimes. 4. Gen. Palparan’s Statements implicating specific Party List Organizations Gen. Palparan was reported to have made the following statements before the media implicating specific Party List Organizations such as Bayan, Karapatan, Gabriela, and Anak Bayan as fronts for the NPA, to wit: “Even though they are in Government as Party List Representatives, no matter what appearance they take, they are still Enemies of the State.” (May 16, 2006, Philippine Daily Inquirer) “The Party List Members of Congress are doing things to further the revolution, the communist movement… I wish they were not there…” (Interview with Pia Hontiveros and Tony Velasquez -- Top Story) “It is my belief that these members of party list in Congress are providing the day-to-day policies of the rebel movement” (February 3, 2006, French Press Agency) When asked to confirm during the Commission hearing whether or not he made these statements before the media, Gen. Palparan only confirmed the statement given in “Top Story.” With respect to the others, he simply evaded the issue by saying that he was not sure or that he could not recall making the statements. When asked to name which organizations he was referring to as enemies of the state, Gen. Palparan responded “… I just want to be general, I just don’t want to specify …” During the latter part of his testimony, however, when he was being questioned by Chief State Prosecutor Zuño, Gen. Palparan specifically named Bayan Muna as a recruitment agency of the CPP NPA in Mindoro, to wit: … in the course of our operation, there were some reports that that BAYAN MUNA headquarters at the time in Mindoro was used as a hideout of the armed group. And as I said, a recruitment agency because they recruit young people there as members of some organizations then eventually go up in the mountain. And then, there were those whosurrendered to us confirming this… ... 8. Collateral Damage; Civilians and Local Officials; Vigilante Killings During the course of his testimony, Gen. Palparan confirmed making the following statements: 8.1 Civilians Killed in Crossfire 144 article 2 • February 2007 Vol. 6, No. 1
My order to my soldiers is that, if they are certain that there are armed rebels in the house or yard, shoot them. It will just be too bad if civilians are killed in the process. We are sorry if you are killed in the crossfire. 9.2 Collateral Damage There would be some collateral damage, but it will be short and tolerable. The enemy would blow it up as a massive violation of human rights. But to me, it would just be necessary incidents. 8.3 Death of Civilians and Local Officials Sorry nalang kung may madamay na civilian;… The death of civilians and local officials were ‘small sacrifices’ brought about by the military’s antiinsurgency campaign. – Philippine Daily Inquirer 12 September 2006 8.4 Vigilante-Style Actions by Anti-Communist Elements Outside the Military: [T]hey cannot be stopped completely … the killings, I would say are necessary incidents in a conflict because they (referring to the rebels) are violent. It’s not necessary that the military alone should be blamed. We are armed, of course, and trained to confront and control violence. But other people whose lives are affected in these areas are also participating … ... In fact, Gen. Palparan confirmed his statement given before the House of Representatives’ Committee on National Defense and Security on May 25, 2005 wherein he said: “I cannot categorically deny that (referring to the military having special units, not properly identified in bonnets and masks, operating in the middle of the night.)” Gen. Palparan, however, also said that if there are facts proving that they (soldiers) are engaged in such activities, he is willing to submit them. He also denounced any involvement by the AFP in the acts that may have been carried out by individual soldiers. ... 14. CPP-NPA Purge Theory Significantly, however, when asked about CPP/NPA’s participation in the political killings, he testified that the killings are not attributable to the alleged CPP/NPA purge. “I don’t charge it to NPA purge.” He also mentioned that he had “to be skeptical on th[ese] report[s].” III. CASE STUDIES ... B. Methodology of Attacks The extrajudicial killings of activists were carried out in a great number of cases by unidentified men riding on motorcycles wearing helmets or bonnet masks. The attackers rode in tandem on their motorcycles, with the backrider getting off to do the shooting. In some of the cases where the attackers killed their victims on foot, they made their escape using motorcycles. The efficiency and confident manner with which the attacks were undertaken clearly suggest that the killers were well-trained professionals who knew their business well. Many of the attacks were carried out during daytime and consummated with a limited number of shots hitting their intended target. The families of the victims in many of the cases reported previous death threats or surveillance by suspected military or police personnel. IV. FINDINGS article 2 • February 2007 Vol. 6, No. 1 145
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Vol. 6, No. 1 February 2007 ISSN 18
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Contents SPECIAL REPORT: THE CRIMIN
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Burma. But where are these laws fou
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The ALRC is acutely aware that thes
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The criminal justice system of the
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When Alberto Yadan (story 12) was m
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A Statement by the Asian Human Righ
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the policemen who killed Baria afte
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Page 19 and 20:
In his 21 February 2007 comments on
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sufficiently adept at creating lawl
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In his letter, Chief Superintendent
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cannot excuse themselves of their f
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Page 31 and 32:
Rotten to the core: Unaddressed kil
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Prof. Jose Ma Cui: Shot dead in cla
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Later, the village chief, Carlito C
Page 37 and 38:
Jesus Servida: Killed for the union
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Roderick Aspili: Shot dead watching
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professors at the Eastern Samar Sta
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a fresh investigation for this purp
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Badilla, Palawan.... jurisdiction,
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Bishop Ramento also openly opposed
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Napoleon Bautista: Abducted, tortur
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The perpetrators questioned Pastor
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Eladio Dasi-an: Gunned down on way
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However, Fr. Geremia was informed t
Page 57 and 58:
Noel Capulong: Shot and killed afte
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Jose Doton: Tailed and shot on moto
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one of the gunmen came close to the
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Enrico had just finished a meeting
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After several questions, the police
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Elpidio de la Victoria: No empty th
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Amante hid behind a tree some 70 me
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Melanio Evangelista: Murdered in be
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found surrounding the house. That e
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Jose Manegdeg: Same job, new victim
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the spot. Those who were seriously
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Diosdado Fortuna: “Is there anybo
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Dacut and a companion were on their
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On October 1, 2004, 327 farm-worker
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The AHRC highlighted the case in a
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The couple had left Padre Burgos at
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It has also been learned that altho
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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 and 118: Fr. Rolando de Leon: Church service
Page 119 and 120: suggestions from the victims’ fam
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: ... 21. Summary/Notable Matters: a.
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
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