of the Philippines the criminal justice system is - Article 2

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at the time of the abduction, and that Concepcion was a target due to his criticism of a military deployment inside the factory where he worked as an organiser. 9. FORCED DISAPPEARANCE: On 3 April 2006, 24-year-old activist Ronald Intal of Barangay Asturias, Tarlac City, was forcibly abducted and subsequently disappeared, allegedly by armed men who were seen taking him towards a military detachment in Barangay Asturias, Tarlac City, where elements of the 70th Infantry Battalion are stationed. He has not been seen since. Those allegedly involved are not known to have been investigated. As you will agree, these are serious allegations of grave abuses committed by troops under the command of Major General Palparan. In fact, they are but some among many such allegations. Yet in effect you have reportedly cleared him of wrongdoing even without having investigated these incidents or having called him to respond to the substantial allegations of rights violations committed by his subordinates. Regardless of whether or not Major General Palparan was directly involved in any of the alleged abuses, which remain unclear, he is ultimately answerable for the actions of his men. As you will understand very well, the principle of command responsibility is central to the maintenance of discipline in any security force. Where an officer is shown to be beyond the law by virtue of his rank, and not liable for the wrongdoing of those under his orders, it sends a message that it is impunity rather than law that rules the day. It sends a message to the victims and their families that there is no point in seeking justice. It sends a message to the perpetrators of killings, torture and abductions that they are free to continue without fear of retribution. It is therefore essential that senior officers are held to account. The Asian Human Rights Commission strongly insists that unless these and other similar allegations are adequately and effectively investigated, there can be no justification to exonerate either Major General Palparan or any of his accused subordinates. We urge you to retract your publicly reported statement freeing the major general of responsibility, and instruct your subordinates to continue with their inquiries as their top priority. They must exhaust all means possible to ensure that conclusive and strong cases are brought before the courts and the perpetrators of these serious crimes fully prosecuted. In this, we wish to remind you of the commitment given by President Gloria Macapagal-Arroyo in her State of the Nation Address on 24 July 2006: “In the harshest possible terms I condemn political killings. We together stopped judicial executions with the abolition of the death penalty. We urge witnesses to come forward. Together we will stop extrajudicial executions.” Extrajudicial executions and related gross abuses of human rights will only stop, and witnesses come forward, when you as the chief of police recognise that the perpetrators of killings are 170 article 2 • February 2007 Vol. 6, No. 1
members of the armed forces, police, paramilitaries and persons working for them, and make as a top priority the pursuit, investigation and prosecution of the perpetrators. We urge you to do this without delay, and respond to the commitment of your president in real and unequivocal terms that will send a message to the victims and perpetrators alike that these killings and abductions will not be tolerated. Yours sincerely Basil Fernando Executive Director Asian Human Rights Commission, Hong Kong 5. Urgent need for Ombudsman to demonstrate efficiency in resolving cases AHRC-OL-053-2006, August 25, 2006 Mr Orlando Casimiro Deputy Ombudsman Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices (MOLEO) 3rd Floor, Ombudsman Bldg., Agham Road, Diliman (1104) Quezon City PHILIPPINES Fax: + 63 2 926 8747 Dear Mr Casimiro PHILIPPINES: Urgent need for Ombudsman to demonstrate efficiency in resolving cases The Asian Human Rights Commission (AHRC) is writing to you having learnt of your letter to the editor published in the Philippine Daily Inquirer on 22 July 2006, entitled “Baseless complaint vs. graft-buster”. In the last paragraph of that letter you quote the 2005 Ombdusman’s annual report in order to assert that the part of the office under your authority is “the highest performing office in terms of cases resolved”. This remark seeks to give the impression that your agency is performing well. We regret to differ. You are surely aware that the AHRC has in recent times actively and sincerely approached your office and sought intervention on a number of serious cases involving police and military personnel. We have rightly asked you to conduct thorough investigations, recommended the filing of appropriate charges in court, the imposition of sanctions and immediate action on the cases endorsed to you for review. Regrettably, the results of these requests have not been commensurate with our efforts. Allow us to remind you of some of these: 1. Your office has failed to act on the recommendation made by the Commission on Human Rights (CHR VIII) to file multiple murder and attempted murder charges against a military major, article 2 • February 2007 Vol. 6, No. 1 171
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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
Page 11 and 12:
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
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
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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
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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
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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
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The absence of a law on torture mea
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to the detachment, where he was fur
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While it is acknowledged that there
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Fr. Rolando de Leon: Church service
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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 and 164: esponding to ensure their protectio
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: for fear of the lives due to contin
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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