of the Philippines the criminal justice system is - Article 2

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In this issue of article 2 SPECIAL REPORT: The criminal justice system of the Philippines is rotten Basil Fernando, Executive Director, Asian Human Rights Commission & Asian Legal Resource Centre, Hong Kong • Foreword: The rotten criminal justice system of the Philippines must be cleaned out Editorial board, article 2 • Introduction: The criminal justice system of the Philippines is rotten Asian Human Rights Commission, Hong Kong • The criminal justice system of the Philippines is rotten • Getting away with murder Asian Legal Resource Centre, Hong Kong • Six suggestions to improve the criminal justice system of the Philippines And • Rotten to the core: Unaddressed killings, disappearances & torture in the Philippines • Statement of UN Special Rapporteur on extrajudicial killings after visit to the Philippines • The Melo Commission Report • Open letters to the Philippine authorities • Witness Protection, Security & Benefit Act • Online petition—Stop the killings! • Concluding observations of the UN Human Rights Committee on the Philippines article 2 is published by the Asian Legal Resource Centre (ALRC) in conjuction with Human Rights SOLIDARITY, published online by the Asian Human Rights Commission (AHRC). ALRC is an independent regional nongovernmental organisation holding general consultative status with the Economic and Social Council of the United Nations. ALRC seeks to strengthen and encourage positive action on legal and human rights issues at local and national levels throughout Asia. ALRC invites submissions to article 2 by interested persons and organisations concerned with implementation of human rights standards in the region. For further details, email the editor: editor@article2.org Back issues of article 2 available online: www.article2.org Editorial Board Nick CHEESMAN Meryam DABHOIWALA Basil FERNANDO Bijo FRANCIS Jayantha de Almeida GUNERATNE KWAK Nohyun LAO Mong Hay Kishali PINTO-JAYAWARDENA Samith de SILVA Bruce VAN VOORHIS WONG Kai Shing Annual Subscription Fee (6 issues) Hong Kong HK$250 Asian Countries US$35 Outside Asia US$50 Printed on recycled paper Asian Legal Resource Centre Floor 19 , Go-Up Commercial Building 998 Canton Road, Mongkok, Kowloon Hong Kong SAR, China Tel: +(852) 2698-6339 Fax: +(852) 2698-6367 E-mail: editor@article2.org Website: www.article2.org
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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
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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
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3. The strengthening of agencies fo
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permit outside scrutiny, and a very
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conviction before one can conclude
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(c) The need to restore accountabil
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Appendix II: The Melo Commission Re
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More importantly, it is also undisp
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5. TFU did not investigate Gen. Pal
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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 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: Other special reports published in
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