of the Philippines the criminal justice system is - Article 2

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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
provided in all cases where required. This is a precondition to uphold the protection of human rights envisaged in the ICCPR Covenant. Unless the government assumes responsibility and accountability to find effective remedies to prosecute the perpetrators of these killings and prevent further violence against its citizens, in particular against human rights and political activist, the competence of the country’s policing and judicial system will continue to be challenged. I trust that these concerns that I have raised will be acted upon appropriately. Yours sincerely, Basil Fernando Executive Director Asian Human Rights Commission 2. Brutal beating of a person by the police was not a “justifiable degree of force” AHRC-OL-004-2006, March 9, 2006 Senior Superintendent Alfredo Toroctocon City Police Director General Santos City Police Office (GSCPO) Camp Fermin G. Lira 9500 General Santos City PHILIPPINES Tel. No.: +63 83 554 6606 Pages: 2 Dear Sr. Supt. Toroctocon PHILIPPINES: Brutal beating of a person by the police was not a “justifiable degree of force” The Asian Human Rights Commission is in receipt of your letter dated 21 January 2006 in which you deny allegations of torture on Haron Abubakar Buisan by elements of the General Santos City Police Office (GSCPO), and in particular the Special Weapon and Tactics (Swat), to which you are the Director. Although not referring directly to Buisan’s case, you wrote that a certain “justifiable degree of force” could be applied as a Standard Operating Procedure (SOP) when a person resisted arrest in order to immobilise him. Do you subscribe as justifiable your police’s act of allegedly brutally beating Buisan even though there was no resistance on his part and that he was already in their custody? We are aware that Buisan was kicked and repeatedly beaten all over his body with a stone following his arrest on 12 December 2005. We are also aware that Buisan was beaten despite there being no justifiable circumstance for the police to use force on article 2 • February 2007 Vol. 6, No. 1 163
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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
Page 9 and 10:
The criminal justice system of the
Page 11 and 12:
When Alberto Yadan (story 12) was m
Page 13 and 14:
A Statement by the Asian Human Righ
Page 15 and 16:
the policemen who killed Baria afte
Page 17 and 18:
Page 19 and 20:
In his 21 February 2007 comments on
Page 21 and 22:
sufficiently adept at creating lawl
Page 23 and 24:
In his letter, Chief Superintendent
Page 25 and 26:
cannot excuse themselves of their f
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Rotten to the core: Unaddressed kil
Page 33 and 34:
Prof. Jose Ma Cui: Shot dead in cla
Page 35 and 36:
Later, the village chief, Carlito C
Page 37 and 38:
Jesus Servida: Killed for the union
Page 39 and 40:
Roderick Aspili: Shot dead watching
Page 41 and 42:
professors at the Eastern Samar Sta
Page 43 and 44:
a fresh investigation for this purp
Page 45 and 46:
Badilla, Palawan.... jurisdiction,
Page 47 and 48:
Bishop Ramento also openly opposed
Page 49 and 50:
Napoleon Bautista: Abducted, tortur
Page 51 and 52:
The perpetrators questioned Pastor
Page 53 and 54:
Eladio Dasi-an: Gunned down on way
Page 55 and 56:
However, Fr. Geremia was informed t
Page 57 and 58:
Noel Capulong: Shot and killed afte
Page 59 and 60:
Jose Doton: Tailed and shot on moto
Page 61 and 62:
one of the gunmen came close to the
Page 63 and 64:
Enrico had just finished a meeting
Page 65 and 66:
After several questions, the police
Page 67 and 68:
Elpidio de la Victoria: No empty th
Page 69 and 70:
Amante hid behind a tree some 70 me
Page 71 and 72:
Melanio Evangelista: Murdered in be
Page 73 and 74:
found surrounding the house. That e
Page 75 and 76:
Jose Manegdeg: Same job, new victim
Page 77 and 78:
the spot. Those who were seriously
Page 79 and 80:
Diosdado Fortuna: “Is there anybo
Page 81 and 82:
Dacut and a companion were on their
Page 83 and 84:
On October 1, 2004, 327 farm-worker
Page 85 and 86:
The AHRC highlighted the case in a
Page 87 and 88:
The couple had left Padre Burgos at
Page 89 and 90:
It has also been learned that altho
Page 91 and 92:
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 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 and 162: Even assuming that these victims an
Page 163: esponding to ensure their protectio
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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