of the Philippines the criminal justice system is - Article 2

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“ where grave problems are widely known but remain unaddressed, something is very wrong.... ” unaddressed, something is very wrong. It is a sign that society has not only of a failed system but of a failure in society: to grasp, think and discuss about what is happening. This publication is a small attempt, after some years of work, to provoke new attempts at grasping, thinking and discussing. In 2006 the Asian Human Rights Commission launched an online petition against the ongoing extrajudicial killings in the Philippines, at www.pinoyhr.net, addressed to the justice secretary and other government officials. The text of the petition is among other appendices to this report: open letters to the authorities in the Philippines, the country’s witness protection law, and some recommendations of the UN Human Rights Committee to the Philippines in 2003. So far over 6000 persons have signed the petition. We urge all readers to join them. One of the striking characteristics about the response to the petition has been the huge number of outraged, angry, thoughtful and poignant comments added by signatories. In recognition of these voices, we are reproducing just a few of them in this report. To read all, visit the petition website and click on “signatures”. Acknowledgements This report was authored by staff and colleagues of the ALRC who for security reasons must remain anonymous. It was edited and prepared by Nick Cheesman and Lynn Yu. The authors wish to acknowledge the following groups for the work that they have done for the advancement on human rights in the Philippines: Karapatan (Alliance for the Advancement of People’s Rights) Task Force Detainees of the Philippines Workers’ Assistance Center, Inc. Partnership for Agrarian Reform & Rural Development Services Kilusan Para sa Pambansang Demokrasya Center for Trade Union and Human Rights Promotion of Church Peoples’ Response Cordillera Human Rights Alliance The authors especially acknowledge the determination of the Filipino people to overcome the obstacles placed before them by their country’s rotten criminal justice system and corrupted institutions. It is their willingness to do this that makes this publication, and others like it, both possible and meaningful. As “The criminal justice system of the Philippines is rotten” was going to print, the UN Special Rapporteur on extrajudicial executions, Professor Philip Alston, visited the Philippines and released a summary of his observations. Shortly thereafter the government made public the findings of the Melo Commission into extrajudicial killings. The Special Rapporteur’s comments and extracts from the commission report have been added to the appendices and referenced in the body of this document. 6 article 2 • February 2007 Vol. 6, No. 1
The criminal justice system of the Philippines is rotten Philippines Desk, Asian Human Rights Commission, Hong Kong Why do victims and witnesses do not come forward to file charges or support cases in court after shootings, assaults and other serious crimes in the Philippines today? Their unwillingness to lodge complaints, support prosecutions or otherwise act to obtain justice speaks to the total lack of confidence in the country’s rotten criminal justice system. Impunity is written large across the face of criminal justice in the Philippines: perpetrators of killings, torture, abductions and other gross abuses have easy assurances that they will get away with whatever they have done. And where these persons are themselves a part of the police, military or armed groups working on their behalf, impunity is all but guaranteed. Little wonder that attacks are carried out in broad daylight and in public places—a crowded market, the front of the victim’s home, during a church service—by men who don’t even bother to conceal their faces or identities. They know full well that they will never be arrested; the victim’s family may even be too terrified to admit seeing the perpetrators’ faces. Where they do, some innocent persons can easily be found to take the place of the actual offenders. Either way, the lack of witnesses and other evidence together with disinterested and primitive investigating mean that few cases ever reach full trial in the courts. Flawed and misguided criminal investigations The police are the first and biggest obstacle to victims and their families obtaining justice in the Philippines. Where family members and witnesses come forward, they often find that police investigations contradict their versions of incidents. Police investigators sometimes make premature pronouncements about the motive for a killing and its cause, flatly rejecting alternative suggestions, particularly where state officers or persons allegedly connected to them are among the possible suspects. article 2 • February 2007 Vol. 6, No. 1 7
Page 1 and 2: Vol. 6, No. 1 February 2007 ISSN 18
Page 3 and 4: Contents SPECIAL REPORT: THE CRIMIN
Page 5 and 6: Burma. But where are these laws fou
Page 7: The ALRC is acutely aware that thes
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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