of the Philippines the criminal justice system is - Article 2

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or not any offences have been committed. It is for this purpose that the AHRC issued its appeal on the case: that there might be a credible, independent investigation by the concerned authorities followed by the necessary judicial intervention. Until this much is done, upon what grounds does your agency have any right to issue press releases on behalf of the police? Without this much being done, what part of your press release could be deemed “accurate”? By reproducing what amounts to a factually erroneous rebuttal of some serious allegations against the police, your agency’s credibility has been severely damaged, as has that of the entire Philippine administration. It casts serious doubts on the sincerity of the state to afford redress to victims of killings, disappearances, torture and other gross abuses in the Philippines. It further isolates victims and their families, and boosts the impunity and fear that is spreading throughout the country. It also undermines the role of the justice system and increases public distrust in the capacity of the state to respond to the very grave human rights abuses that are going on constantly in the Philippines. Your agency has a crucial role and great responsibility to the people of the Philippines. On this occasion you have somehow confused that role with the acting as a mouthpiece for police propaganda. The Asian Human Rights Commission urges you to rescue your reputation and restore some confidence in the work of the government of the Philippines on human rights issues by 1. Retracting the January 12 press release and issuing a public apology to the families of the victims without delay. 2. Conducting an inquiry to establish and discipline the person or persons in your office responsible for the press release. 3. Undertaking that no further such press releases will be issued in the future and that reporting by the agency will in fact be based upon facts rather than one-sided and unproven statements from the police or any other state officers. The credibility and reputation of any media institution--be it public or private--depends on the accuracy, fairness and independence of its reporting. While your agency is justified in concentrating its reports on the work of state officials and their offices, you cannot afford to confuse this legitimate exercise with becoming an accomplice to contrived and manipulated information aimed at exonerating authorities from wrongdoing or achieving other dubious ends. Do not allow yourselves to be used. If you make that mistake, you will loose the trust of the public in the Philippines and very many other interested persons and organisations beyond its borders, and become known as nothing other than a mouthpiece for state propaganda. Yours sincerely Basil Fernando Executive Director Asian Human Rights Commission 178 article 2 • February 2007 Vol. 6, No. 1
8. Retract statement justifying killing & order impartial investigation AHRC-OL-004-2007, January 23, 2007 General Oscar Calderon Chief Philippine National Police (PNP) Camp General Rafael Crame Quezon City PHILIPPINES Tel: +63 2 726 4361/4366/8763 Fax: +63 2724 8763 Email: bluetree73@gmail.com Dear General Calderon PHILIPPINES: Retract statement justifying killing & order impartial investigation The Asian Human Rights Commission (AHRC) writes to express our outrage at a recent statement by a senior police officer issued through the Philippine Information Agency asserting that the killing and wounding respectively of two men was due to a “legitimate police operation”, and to call for a retraction of the statements and a proper investigation into the incident, as demanded by human rights defenders in the Philippines and our organisation. On January 12, the national information agency issued a press release quoting former Police Regional Office 6 director Chief Superintendent Geary Barias justifying the killing and wounding of two agrarian reform activists, Hernando Baria and Romeo Catalan, on 23 July 2005 in Balasan, Iloilo. The release goes on to accuse the AHRC of spreading false information about the incident. The AHRC flatly rejects Barias’ assertions and demands that the Philippine National Police makes clear on what grounds and in what capacity he was making his remarks. No mention is made in the statement of any independent investigation ever having been conducted, as called for by our organisation. Nor is there any indication of under whose authority or in what capacity Barias was making the comments. Whether the operation was legitimate and can be justified or not is in no way a matter for concerned the police to decide. Those police stand as the accused and comments in defence by the alleged perpetrators or their superiors are of relevance only inasmuch that they may be taken in evidence by independent investigators, and weighed against other statements and evidence by a judicial authority. article 2 • February 2007 Vol. 6, No. 1 179
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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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In his 21 February 2007 comments on
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sufficiently adept at creating lawl
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In his letter, Chief Superintendent
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cannot excuse themselves of their f
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Rotten to the core: Unaddressed kil
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Prof. Jose Ma Cui: Shot dead in cla
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Later, the village chief, Carlito C
Page 37 and 38:
Jesus Servida: Killed for the union
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Roderick Aspili: Shot dead watching
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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
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The perpetrators questioned Pastor
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Eladio Dasi-an: Gunned down on way
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However, Fr. Geremia was informed t
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Noel Capulong: Shot and killed afte
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Jose Doton: Tailed and shot on moto
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one of the gunmen came close to the
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Enrico had just finished a meeting
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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-
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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
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police who initially conducted the
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While the constitution guarantees t
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Take the case of 11 persons, two of
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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 and 178: The activists and leaders facing th
Page 179: 7. The national information agency
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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