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Thursday, December 30, 2004
Speak out: Unlawful executions
By Alejandro P. Alonso Jr.
Director
Commission on Human Rights 7
This is a reaction to Bobby Nalzaro’s column, “Criminals deserve no mercy” (Sun.Star Cebu, Dec. 29). With due respect to Mr. Nalzaro, I beg to differ with him on some points.
Lest I be misunderstood as a coddler of criminals, or probably an apologist for the malefactors, I will first state my position on the issue of criminality.
I am opposed to any form of criminality. I do not condone and will never condone crimes and criminals. Crimes are violations of law and are, therefore, human rights violations.
As a party to various international treaties on human rights, the Philippine Government has an obligation to protect and secure the lives and properties of its people against all forms of human rights violations whether committed by the state or by non-state actors.
Government is accountable and has to answer to the various monitoring bodies of the United Nations if it fails to curb or check the rising tide of criminality in its jurisdiction, including the series of homicides or murders of suspects.
Hunter's Team
It is within this context that I pose no objection to the creation of the “Hunters Team,” as it is an administrative measure against the rising tide of criminality in Cebu City.
I made it clear, however, that its operations must be within the bounds of the law.
If the suspected wrongdoers are killed, the team members have the onus probandi that their deaths arise from lawful self-defense and in keeping with the rules of engagement.
Which brings me to the question: Do criminals deserve mercy? Mr. Nalzaro said no.
I might agree with him if what he meant is that offenders whose guilt has been proven beyond reasonable doubt in a court of law deserve the punishment imposed on them, be it death or otherwise.
However, I am bothered by his comment that the critics of the recent spate of killings are more “concerned with the rights of the few individuals (i.e., the criminals) who are wreaking havoc in our society.”
“Are they for the interest of the majority who want to live in a peaceful and safe community?” he asked.
Government as victim
I was told in my study of the law that the victim and the proper plaintiff in a criminal case is the state whose penal laws are violated. It is the “People of the Philippines” that is the victim, meaning the government.
The state has all the machinery to protect its rights and prosecute the offenders. The four components of the criminal justice system – the police, the prosecutors, the courts, and the correctional institutions – are the government’s.
What about the poor fisherfolk who does not know how to read and write and is accused of a crime? What does he have to defend himself and maintain his presumption of innocence under the constitution?
The complainant or victim of criminality has all the machinery at his command. The government takes up the cudgels for him. But who will take up the cudgels for the accused that is himself the victim of murder?
Wrong signal
By eliminating the “criminals” before they can do more harm to society, as my esteemed friend Bobby suggests, might send the wrong signal to the “Hunters Team” or the police in general. It may encourage our law enforcers to take the law into their hands by engaging in extra-judicial and summary execution against people wanted by law.
To crusade against criminality but condone the unlawful killings of criminals (which are crimes in themselves) is inconsistent and contradictory. To say that, “criminals deserve no mercy and don’t have human rights” is simply inconsistent with human rights norms.
To ask, as Mr. Nalzaro asks, “if these criminals observed human rights and due process when they killed their victims” is also illogical and contradictory. Can you sensibly expect a person in the act of killing to observe human rights and due process? How can he commit a crime if he does so?
Bars of justice
The Commission on Human Rights condemns all human rights violations, whether committed by the state or non-state actors. We condemn robbery, theft, rape, homicide, murder etc., and we sympathize with the victims and urge the government to bring the offenders to the bars of justice.
But we condemn also the unlawful execution of suspects and offenders and urge the government to bring the perpetrators to the bars justice.
(December 30, 2004 issue)
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