of the Philippines the criminal justice system is - Article 2
of the Philippines the criminal justice system is - Article 2
of the Philippines the criminal justice system is - Article 2
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In h<strong>is</strong> letter, Chief Superintendent Mendoza<br />
implies that commun<strong>is</strong>t rebels have perpetrated<br />
most <strong>of</strong> <strong>the</strong> killings. H<strong>is</strong> opinions were reflected<br />
in <strong>the</strong> 18 October 2006 letter from <strong>the</strong> Secretary<br />
<strong>of</strong> <strong>the</strong> Department <strong>of</strong> Justice, Raul Gonzalez, who<br />
while acknowledging that “suspicions alone do not<br />
give <strong>the</strong> police authorities <strong>the</strong> green light to make<br />
arrests”,<br />
We strongly deny, as evidence in <strong>the</strong> possession <strong>of</strong> <strong>the</strong><br />
authorities will support th<strong>is</strong>, that such killings are<br />
government-inspired. [The] majority <strong>of</strong> <strong>the</strong>se killings<br />
were done by elements <strong>of</strong> Commun<strong>is</strong>ts, <strong>the</strong> NPA, who<br />
pass <strong>the</strong>mselves <strong>of</strong>f as peasants but who are in practice<br />
and in reality, no more than bandits.<br />
While Secretary Gonzalez claims that <strong>the</strong><br />
killings are not government-inspired, public<br />
statements by military <strong>of</strong>ficials and <strong>the</strong> cons<strong>is</strong>tent<br />
pattern <strong>of</strong> police and <strong>of</strong>ficial inaction towards<br />
killings, particularly those that have followed<br />
labelling <strong>of</strong> individuals or groups, speaks to <strong>the</strong><br />
opposite. For instance, retired Major General<br />
Jovito Palparan Jr., former head <strong>of</strong> <strong>the</strong> 7th Infantry<br />
Div<strong>is</strong>ion, was quoted by <strong>the</strong> Philippine Inquirer on<br />
22 August 2006 as saying that,<br />
We are encouraging people to fight th<strong>is</strong> problem. If<br />
<strong>the</strong> people, who have been victimized by insurgents,<br />
decide to take it upon <strong>the</strong>mselves to get even with <strong>the</strong><br />
enemy, that <strong>is</strong> <strong>the</strong>ir individual responsibility. They<br />
know who were responsible for <strong>the</strong>se killings before<br />
we came in. I have encouraged <strong>the</strong> people to take <strong>the</strong><br />
law into <strong>the</strong>ir own hands.<br />
“<br />
Despite <strong>the</strong> weight <strong>of</strong> national and<br />
international opinion against him, Palparan was<br />
not sanctioned for making such statements,<br />
instead enjoying support from government<br />
<strong>of</strong>ficials, including President Gloria Macapagal-<br />
Arroyo, who had lauded him for h<strong>is</strong> antiinsurgency<br />
campaign during her State <strong>of</strong> <strong>the</strong><br />
Nation Address in July 2006.<br />
In October Secretary Gonzalez even <strong>of</strong>fered Major General<br />
Palparan a consultancy with h<strong>is</strong> department. When challenged<br />
about <strong>the</strong> alleged gross abuses <strong>of</strong> human rights committed by<br />
Palparan and h<strong>is</strong> subordinates, Gonzalez replied that <strong>the</strong>se have<br />
“not yet been proven”. Presumably with h<strong>is</strong> oversight <strong>of</strong> <strong>the</strong><br />
“<strong>justice</strong>” department <strong>the</strong>y are unlikely to be.<br />
However, military and <strong>of</strong>ficial denials <strong>of</strong> responsibility have<br />
become irrelevant since <strong>the</strong> findings <strong>of</strong> <strong>the</strong> presidentiallyappointed<br />
Melo Comm<strong>is</strong>sion—announced at <strong>the</strong> end <strong>of</strong> January<br />
2007—that <strong>the</strong> killings are linked to <strong>the</strong> armed forces and that<br />
<strong>the</strong> police and <strong>justice</strong> department had failed to address <strong>the</strong>m<br />
effectively (see appendix II). On Palparan specifically <strong>the</strong><br />
comm<strong>is</strong>sion noted that:<br />
I have encouraged <strong>the</strong><br />
people to take <strong>the</strong><br />
law into <strong>the</strong>ir<br />
own hands<br />
”<br />
article 2 • February 2007 Vol. 6, No. 1 21<br />
PHOTO: REUTERS<br />
—Major General<br />
Jovito Palparan Jr.