of the Philippines the criminal justice system is - Article 2

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Appendix III: Open letters to the Philippine authorities 1. A functioning and effective policing and judicial system is required if extra-judicial killings are to be properly prosecuted and prevented AHRC-OL-002-2006, January 11, 2006 Hon. Raul Gonzalez Secretary Department of Justice DOJ Bldg., Padre Faura 1004 Manila PHILIPPINES Fax: +63 2 521 1614 Email: sechbp@infocom.com.ph Dear Mr. Gonzalez PHILIPPINES: A functioning and effective policing and judicial system is required if extra-judicial killings are to be properly prosecuted and prevented The Asian Human Rights Commission (AHRC) is in receipt of your letter dated 13 December 2005 detailing the Philippine government’s response to our concern about the unabated incidents of extra-judicial killings and violence against activists, the lack of witness protection and the failures in police investigations. In your letter you said: “I assure you that the Philippine government never condones murders, assassinations, killings and other violent acts against activists or protesters. All reported killings incidents are promptly and meticulously investigated by the police and other intelligence unit”. While we appreciate these assurances, there was no mention of exactly how this is being done or how justice and human rights protection are effectively being upheld. Your Department acknowledges the need for witnesses as an essential requirement for prosecution but, did not elaborate on how it is 160 article 2 • February 2007 Vol. 6, No. 1
esponding to ensure their protection and security, as stipulated in RA 6981, an Act for Witness Protection, Security and Benefit. As you are aware, the AHRC has previously sent you many letters requesting your intervention in providing protection to witnesses. Yet despite our request and your department’s obligations to implement the provisions of the Act, we are unaware of any action taken in the cases we have forwarded to you. Under Section 3 of RA 6981, any person who has witnessed or has knowledge or information on the commission of a crime and has testified or is testifying or about to testify before any judicial or quasi-judicial body, or before any investigating authority, may be admitted into the programme. Additionally, one of the conditions is that any member of a family subjected to threats on their lives shall likewise be admitted. In line with this, the AHRC wishes to bring your attention your department’s failure to apply the conditions of the Act to potential witnesses and relatives of the dead. We specifically draw your attention to the killings of activists who failed to receive security and protection from the police; a witness killed prior to testifying in court; another witness fleeing for fear of his life; and the many families who have failed to secure protection and as a result are reluctant to cooperate in any investigation for fear of their lives. Despite your department having been made aware of these situations, to our knowledge no adequate action has been taken. Mr Norman Bocar, a lawyer from Eastern Samar, was killed on 1 September 2005. Prior to his death Bocar sought the help of the police for his security following serious threats against his life. It is not known however, whether the police acted on his request. The police investigation into his death has reached no conclusive findings and the perpetrators were not identified. The police formed “Task Force Bocar” to investigate the killing but this has failed to bring any justice to this case. Mr Joel Reyes was killed on 16 March 2005 in Panganiban, Camarines Norte. The lone witness to his case, Dario Oresca, was also slain before he could testify in court. Even though the local police were aware of the threats made against Oresca, he was not placed under any protection. In a letter to the AHRC, the Commission on Human Rights (CHR) regional office in Naga City, the Commission’s special investigator, Raymundo de Silva admitted failure of the RA 6981. De Silva said that the programme was not yet thoroughly understood by the populace. Although De Silva concluded in his findings that the killing of Reyes and Oresca could have been perpetrated by a reformist armed group critical of the communist movement and identified two alleged perpetrators, named only as Ka Clito or Ka Abril and Ka Darlin or Ka Love, these persons have not been located. Thus, the case will be highly jeopardised by the absence of a prosecution witness in court. article 2 • February 2007 Vol. 6, No. 1 161
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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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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
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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-
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They warned that they would be shot
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of the 7th Infantry Division, gave
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unnecessarily delayed. Like other l
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wore civilian clothes. The men’s
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companion, Rahim, after Ed’l Fit
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that the remaining equipment of the
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esidents about the noise from the c
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following us?” He replied, “Ban
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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 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: Even assuming that these victims an
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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