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of the Philippines the criminal justice system is - Article 2

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uniformed policemen, reportedly from Balanga Police Station,<br />

accompanied by military personnel. No adequate investigation<br />

<strong>is</strong> known to have been conducted into <strong>the</strong>se allegations.<br />

8. Activ<strong>is</strong>t Elena Mendiola (a.k.a. Baby) and her partner Ricardo<br />

Balauag were killed on 10 May 2006 in Barangay Garit, Echague,<br />

Isabela. Elena had survived an earlier attempt on 10 March 2006,<br />

after which she was not afforded any protection by <strong>the</strong> authorities.<br />

The lack <strong>of</strong> concern for her security, despite her life obviously<br />

being in danger, cost her and her partner <strong>the</strong>ir lives.<br />

These are a few among <strong>the</strong> extraordinarily large number <strong>of</strong><br />

killings that have been documented by <strong>the</strong> AHRC and o<strong>the</strong>r groups<br />

in recent times. Toge<strong>the</strong>r <strong>the</strong>y speak to a total failure <strong>of</strong> <strong>the</strong><br />

<strong>criminal</strong> investigation, witness protection and policing <strong>system</strong><br />

<strong>of</strong> <strong>the</strong> <strong>Philippines</strong> when it comes to <strong>the</strong> lives <strong>of</strong> human rights<br />

defenders and social activ<strong>is</strong>ts.<br />

The Witness Protection Security and Benefit Act (6981) does<br />

not appear to be operative at all. Nor are we aware <strong>of</strong> any efforts<br />

made by <strong>the</strong> police to recommend that persons at r<strong>is</strong>k be<br />

recommended to <strong>the</strong> Department <strong>of</strong> Justice as beneficiaries<br />

under th<strong>is</strong> law.<br />

Over a month since Task Force Usig was created <strong>the</strong>re <strong>is</strong> no<br />

evidence <strong>of</strong> any substantial progress in its work. No results <strong>of</strong> its<br />

findings or progress <strong>of</strong> its investigations have been made public,<br />

in order that concerned persons in <strong>the</strong> <strong>Philippines</strong> and abroad<br />

be able to d<strong>is</strong>cuss its work and engage <strong>the</strong> government on <strong>the</strong><br />

bas<strong>is</strong> <strong>of</strong> recommendations given by <strong>the</strong> task force.<br />

The Asian Human Rights Comm<strong>is</strong>sion <strong>the</strong>refore urges you as<br />

<strong>the</strong> new chief <strong>of</strong> <strong>the</strong> Philippine National Police to exhaust all<br />

possible means to prevent fur<strong>the</strong>r killings and place <strong>the</strong><br />

investigations <strong>of</strong> earlier incidents as your foremost priority. We<br />

call upon you to make a public commitment to <strong>the</strong> victims, <strong>the</strong>ir<br />

families and witnesses in <strong>the</strong>se cases. It <strong>is</strong> not sufficient to say<br />

that simply addressing <strong>the</strong> unrelenting killings <strong>is</strong> a part <strong>of</strong> your<br />

agenda: it must be at <strong>the</strong> TOP <strong>of</strong> your agenda. Perpetrators must<br />

be identified, arrested and prosecuted. Witnesses and families<br />

must be protected. The killings must stop.<br />

The credibility and efficiency <strong>of</strong> your leadership and that <strong>of</strong><br />

<strong>the</strong> Philippine National Police, not to mention your country’s<br />

reputation internationally, rests upon your response to <strong>the</strong>se<br />

killings. We sincerely hope that you will take your duty in th<strong>is</strong><br />

regard with <strong>the</strong> utmost seriousness and look forward to your firm<br />

action accordingly.<br />

Yours sincerely<br />

Basil Fernando<br />

Executive Director<br />

Asian Human Rights Comm<strong>is</strong>sion, Hong Kong<br />

article 2 • February 2007 Vol. 6, No. 1 167

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