of the Philippines the criminal justice system is - Article 2

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settlers. They were not provided with relocation sites, compensation or alternative means of making a livelihood in order to ensure their subsistence. This is a further illustration of the government’s complete disregard for its citizens’ rights to adequate housing and economic rights. Alongside these issues, the AHRC is also concerned that the Human Rights Commission does not have the Constitutional mandate to intervene with regard to economic, social and cultural rights violations. We are aware that Article XIII, Section 18 (1) of the Philippine Constitution stipulates that “the [Commission on Human Rights] investigates “violations involving civil and political rights”. While we appreciate that there have been efforts by the Commission to include investigation on economic, social and cultural rights violations, we are deeply concerned by its lack of a Constitutional mandate to carry out these activities. We strongly believe that unless the Commission has had a clear mandate it cannot effectively function and perform its duties. We are aware that the Commission’s ability to investigate violations of economic and social rights is restricted by mandate limitations. The capabilities of the Commission’s investigators concerning labour and agrarian related cases are not satisfactory. How can the Commission perform its duties and function effectively with regard to economic, social and cultural rights when it has no Constitutional mandate to do so? What is the Commission doing to have this situation changed? The AHRC is seriously concerned by your comments, notably as they appear to brand the media and NGOs as disruptive and “negative” forces when they take up human rights issues. The media and the NGOs play a significant role in the protection and promotion of human rights and in attempts to make the authorities accountable for their actions where violations occur. These activities should be welcomed by the Human Rights Commission, if it is indeed itself engaged in the protection and promotion of human rights in good faith. It is vital that the Human Rights Commission fulfill its mandate in a transparent and independent manner if it is to be of any value to the people of the Philippines - not just to the country’s authorities. We trust that you will give serious consideration to these matters and will make a public statement of acknowledgement of the gravity of the human rights situation in the country and the importance of the roles of the free press and NGOs with regard to human rights and the creation of a just and humane society in the Philippines. Yours sincerely, Basil Fernando Executive Director Asian Human Rights Commission 176 article 2 • February 2007 Vol. 6, No. 1
7. The national information agency is not a mouthpiece for police propaganda AHRC-OL-003-2007, January 19, 2006 Secretary Condrado A. Limcaoco, Jr. Director-General Philippine Information Agency (PIA) PIA Building, Visayas Avenue, Diliman Quezon City, Metro Manila PHILIPPINES Tel: +63 2 920 4386 Fax: +63 2 920 1224 Email: calop@pldtdsl.net, conradolimcaoco@yahoo.com Dear Secretary Limcaoco PHILIPPINES: The national information agency is not a mouthpiece for police propaganda The Asian Human Rights Commission (AHRC) is writing to you regarding the press release issued by the Philippine Information Agency on January 12 entitled, “PNP clarifies case of Herman Baria before Asian Human Rights Commission”. The press release consisted entirely of remarks by Police Chief Superintendent Geary L. Barias denying any wrongdoing by his subordinates in the killing of Hernan Baria and wounding of Romeo Catalan in Iloilo on 23 July 2005, and contained attacks on the AHRC for its call that there should be an independent inquiry into the incident. The AHRC is outraged by the contents of this press release. While state officials are perfectly entitled to defend themselves against allegations of human rights abuses, it is not the responsibility of your agency to distribute such defences on their behalf. You are not public relations officers for the police. If they wish to respond, they have their own channels, and the concerned officers may hire legal counsel and obtain other support from the institutions established to assist them. The PIA Charter spells out its mission as “to provide for free flow of accurate, timely and relevant information” in order “to assist people in decision-making and identification of opportunities to improve quality of life” and “to enable citizens to participate meaningfully in the democratic processes”. How have any of these functions been fulfilled by your distributing the police account of events that lead to the death of a person, which has never been independently verified? By giving an entirely one-sided account of the killing and wounding, the press release impliedly validated the police account of what happened to the two victims, without your agency having the means or authority by which to verify the facts. In effect, your office has pre-empted the courts on matters over which they alone have jurisdiction: that is, to judge whether or not the police operation was “legitimate” as claimed, and whether article 2 • February 2007 Vol. 6, No. 1 177
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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
Page 23 and 24:
In his letter, Chief Superintendent
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cannot excuse themselves of their f
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Page 29 and 30:
Page 31 and 32:
Rotten to the core: Unaddressed kil
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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
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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
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
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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-
Page 93 and 94:
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
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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 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: The activists and leaders facing th
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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