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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.

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