v11n0203

“
The Maguindanao
massacre is proof
that the existing
domestic mechanism,
despite its
recognition of the
rights, is unable
to comply with
its international
obligations.
30
”
implement the Committee’s views, even if a state is held to have
committed the violations of the Covenant and international law
it signed, the notion of “effective remedy” will not exist in reality.
The maguindanao massacre is proof that the existing domestic
mechanism, despite its recognition of the rights, is unable to
comply with its international obligations because of the chronic
defects of its own criminal justice system.
The recognition of these rights in the 1987 Constitution,
the codification of statutory laws and in criminal procedures
and adoption of jurisprudence from foreign countries will not
have substantial benefits to ensure protection of the right to an
“effective remedy”. A well-developed domestic mechanism is a
precondition in order to implement these rights.
article 2 � June-Sept 2012 Vol. 11, No. 2-3