of the Philippines the criminal justice system is - Article 2

Mr Felidito Dacut, a human rights lawyer, was slain on 14
March 2005 in Tacloban City. In a 30 May 2005 letter received
by the AHRC from the Commission on Human Rights (CHR)
regional director, Mr Paquito Nacino stated that the witness in
his case, Felix Dumlao, could no longer be located, thus
jeopardising the process in prosecuting the perpetrators. Dumlao
soon after went into hiding for fear for his life. The AHRC is
unaware of any action taken by the government to locate him or
provide him with security under RA 6981.
Mr Alfredo Malinao and Fr. Edison Lapuz were slain on 12 May
2005 in San Isidro, Leyte. An inquiry conducted by the CHR
regional director, Mr Nacino has revealed that their relatives
are either reluctant or not cooperating in their inquiry. The
relatives’ reluctance to cooperate does not constitute a disinterest
in pursuing this case, but rather demonstrates the fear they
have for their security should they become involved.
Additionally, the AHRC has observed that of those
investigations conducted into extra-judicial killings and violence
against activists by the police, their actions have been completely
inadequate. We are unaware of any effort to maximise the
country’s forensic or scientific methods of investigation. If this
in fact has been done, why then have the police failed to identify
the suspects in most cases? Why too has the government failed
to arrest and prosecute the hit-and-run squads who continually
evade the law?
While we appreciate the government’s written concern and
assurance that it will remedy this situation, mere words alone
will not ensure this. Government’s assurances are empty and
have no meaning to the families of the dead if they continue to
endure serious threats to their lives and the perpetrators
continue to remain at large.
Protection of human rights, in particular the right to life – as
a non derogable right – is clearly stipulated in the International
Covenant on Civil and Political Rights (ICCPR), of which the
Philippine government has ratified. However, there is a ‘key
challenge of accountability’ regarding how these rights are
enjoyed by Filipinos. In his annual report for 2005, Mr Philip
Alston, UN Special Rapporteur for extra-judicial, summary or
arbitrary executions clearly states that: “The essential thrust of
international human rights law is to establish and uphold the
principle of accountability for measure both to protect human
rights and to respond fully and appropriately to violations of those
rights.”
Thus, the responsibility of the Philippine government to
properly intervene in this matter does not only include “prompt
and meticulous” investigation, but also requires an adequate
effort to protect victims and witnesses in order to prevent the
violence from reoccurring. Therefore, it is essential that the
witness protection mechanism be functional and effective and
162
article 2 • February 2007 Vol. 6, No. 1