of the Philippines the criminal justice system is - Article 2

From the evidence and presentations received by the Commission, it became
apparent early on that the Commission must differentiate its inquiry into the
killings of activists from those of media personnel and agrarian reform
movement. It appeared that the killings of media personnel are more or less
attributable to reprisals for the victims’ exposés or other media practices. In
the media killings, local politicians, warlords, or big business interests are
viewed as the parties responsible for the killings, while in agrarian reform
related killings, it is suspected that landowners and those opposed to the
implementation of land reform are behind the killings. On the other hand, the
killings of activists were invariably laid at the doorstep of the military.
The investigation of killings of media personnel by the PNP was notably more
successful than that that of activist killings. For the media killings, formal
complaints have been filed in a great majority of cases. Suspects in the media
killings have been named and identified. In activist killings, there have been a
measly number of complaints filed with the authorities.
In all, the killings of media personnel have been, more or less, solved, compared
to the activist killings and agrarian reform related killings. On the other hand,
it is not clear if the agrarian reform related killings have the same etiology as
the activist killings. Thus, the Commission hereby sees fit to submit its findings
on activist killings independently of that of the media killings and agrarian
reform related killings.
...
AGRARIAN REFORM RELATED KILLINGS
With the exception of Hernando Baria, the killing of farmers-activists appeared
to have followed the same pattern as other activists. In the case of the Vigo
spouses, their killing could have been motivated by political reasons or by
reason of their perceived ties with the NPA. In the case of Enrico Cabanit, it
appears that he was killed for his activities as a peasant farmer leader, and not
for affiliation with politicians or with the NPA. In any case, their deaths are
equally deplorable and cannot be countenanced. Most of the cases of agrarian
related killings have pending investigations or legal action before the proper
authorities. Hence, the result of such investigations should shed more light on
the persons or interests behind the killings. In this regard, the prosecution and
law enforcement authorities concerned should expedite the investigation and
prosecution of these crimes. Particular attention should be placed on the
investigations being undertaken by the police in the various cases, specifically
that of Cabanit, it appearing that the police seemed to have failed to earnestly
and properly investigate the same.
ACTIVIST KILLINGS
From the evidence gathered, and after an extensive study of the same, the
Commission comes to the conclusion that there is no direct evidence, but only
circumstantial evidence, linking some elements in the military to the killings.
THERE IS NO OFFICIAL OR SANCTIONED POLICY ON THE PART OF THE
MILITARY OR ITS CIVILIAN SUPERIORS TO RESORT TO WHAT OTHER
COUNTRIES EUPHEMISTICALLY CALL “ALTERNATIVE PROCEDURES” –
MEANING ILLEGAL LIQUIDATIONS. However, there is certainly evidence
pointing the finger of suspicion at some elements and personalities in the
armed forces, in particular General Palparan, as responsible for an
undetermined number of killings, by allowing, tolerating, and even
encouraging the killings.
A. THERE IS SOME CIRCUMSTANTIAL EVIDENCE TO SUPPORT THE
PROPOSITION THAT SOME ELEMENTS WITHIN OR CONNECTED TO THE
MILITARY ARE RESPONSIBLE FOR THE KILLINGS:
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article 2 • February 2007 Vol. 6, No. 1