of the Philippines the criminal justice system is - Article 2

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The meaning of article 2: Implementation of human rights All over the world extensive programmes are now taking place to educate people on human rights. As a result today there exists a vast number of persons and organisations firmly committed to human rights; more than at any other time in the history of humankind. Yet human rights continue to be monstrously violated. It is time for the global human rights movement to examine why it may not yet be achieving real improvement in the global human rights situation. One factor hindering honest examination is the belief that improvement of knowledge about human rights will by itself end human rights violations. This is a myth based on the corresponding belief that education is itself capable of improving things. In reality human rights can only be implemented through a system of justice. If this system is fundamentally flawed, no amount of knowledge—no amount of repetition of human rights concepts—will by itself correct its defects. Rather, these need to be studied and corrected by practical actions. Hence research and intimate knowledge of local issues must become an integral part of human rights education and related work. article 2 aims to do this by drawing attention to article 2 of the International Covenant on Civil and Political Rights, and make it a key concern of all partners in the global human rights community. This integral article deals with provision of adequate remedies for human rights violations by legislative, administrative and judicial means. It reads in part: 3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted. Sadly, article 2 is much neglected. One reason for this is that in the ‘developed world’ the existence of basically functioning judicial systems is taken for granted. Persons from those countries may be unable to grasp what it means to live in a society where ‘institutions of justice’ are in fact instruments to deny justice. And as these persons guide the global human rights movement, vital problems do not receive necessary attention. For people in many countries, international human rights discourse then loses relevance. Other difficulties also arise with article 2. One is the fear to meddle in the ‘internal affairs’ of sovereign countries. Governments are creating more and more many obstacles for those trying to go deep down to learn about the roots of problems. Thus, inadequate knowledge of actual situations may follow. A further and quite recent disturbance is the portrayal of national human rights institutions and their equivalents as surrogate agencies for dealing with article 2 related issues. Some state parties may agree to new national human rights institutions taking on this role because they know that by doing so they may avoid criticisms of a more fundamental nature. Thus after many years of work, the Asian Legal Resource Centre began publishing article 2 to draw attention to this vital provision in international law, and to raise awareness of the need to implement human rights standards and provide effective remedies at the local level in Asia. Relevant submissions by interested persons and organizations are welcome.
Contents SPECIAL REPORT: THE CRIMINAL JUSTICE SYSTEM OF THE PHILIPPINES IS ROTTEN Foreword: The rotten criminal justice system of the Philippines must be cleaned out 2 Basil Fernando, Executive Director, Asian Human Rights Commission & Asian Legal Resource Centre, Hong Kong Introduction: The criminal justice system of the Philippines is rotten 4 Editorial board, article 2 The criminal justice system of the Philippines is rotten 7 Philippines Desk, Asian Human Rights Commission, Hong Kong Rotten to the core: Unaddressed killings, disappearances & torture in the Philippines 29 Getting away with murder 116 Asian Human Rights Commission, Hong Kong Six suggestions to improve the criminal justice system of the Philippines 126 Asian Legal Resource Centre, Hong Kong APPENDICES Appendix I: Statement of UN Special Rapporteur on extrajudicial killings after visit to the Philippines 128 Appendix II: The Melo Commission Report 135 Appendix III: Open letters to the Philippine authorities 160 Appendix IV: Witness Protection, Security & Benefit Act 182 Appendix V: Online petition—Stop the killings! 187 Appendix VI: Concluding observations of the UN Human Rights Committee on the Philippines 190 article 2 • February 2007 Vol. 6, No. 1 1
Page 1: Vol. 6, No. 1 February 2007 ISSN 18
Page 5 and 6: Burma. But where are these laws fou
Page 7 and 8: The ALRC is acutely aware that thes
Page 9 and 10: The criminal justice system of the
Page 11 and 12: When Alberto Yadan (story 12) was m
Page 13 and 14: A Statement by the Asian Human Righ
Page 15 and 16: the policemen who killed Baria afte
Page 19 and 20: In his 21 February 2007 comments on
Page 21 and 22: sufficiently adept at creating lawl
Page 23 and 24: In his letter, Chief Superintendent
Page 25 and 26: cannot excuse themselves of their f
Page 31 and 32: Rotten to the core: Unaddressed kil
Page 33 and 34: 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
Page 43 and 44: a fresh investigation for this purp
Page 45 and 46: Badilla, Palawan.... jurisdiction,
Page 47 and 48: Bishop Ramento also openly opposed
Page 49 and 50: 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
Page 61 and 62:
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
Page 67 and 68:
Elpidio de la Victoria: No empty th
Page 69 and 70:
Amante hid behind a tree some 70 me
Page 71 and 72:
Melanio Evangelista: Murdered in be
Page 73 and 74:
found surrounding the house. That e
Page 75 and 76:
Jose Manegdeg: Same job, new victim
Page 77 and 78:
the spot. Those who were seriously
Page 79 and 80:
Diosdado Fortuna: “Is there anybo
Page 81 and 82:
Dacut and a companion were on their
Page 83 and 84:
On October 1, 2004, 327 farm-worker
Page 85 and 86:
The AHRC highlighted the case in a
Page 87 and 88:
The couple had left Padre Burgos at
Page 89 and 90:
It has also been learned that altho
Page 91 and 92:
with rifles and the others had .45-
Page 93 and 94:
They warned that they would be shot
Page 95 and 96:
of the 7th Infantry Division, gave
Page 97 and 98:
unnecessarily delayed. Like other l
Page 99 and 100:
wore civilian clothes. The men’s
Page 101 and 102:
companion, Rahim, after Ed’l Fit
Page 103 and 104:
that the remaining equipment of the
Page 105 and 106:
esidents about the noise from the c
Page 107 and 108:
following us?” He replied, “Ban
Page 109 and 110:
The victims, represented by six law
Page 111 and 112:
The absence of a law on torture mea
Page 113 and 114:
to the detachment, where he was fur
Page 115 and 116:
While it is acknowledged that there
Page 117 and 118:
Fr. Rolando de Leon: Church service
Page 119 and 120:
suggestions from the victims’ fam
Page 121 and 122:
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 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 and 196:
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