Wednesday, November 28, 2007 Carvajal: Triumph of justice By Orlando P. Carvajal Break Point
EXTRAJUDICIAL executions, disappearances and interrogations in safe houses without benefit of counsel are injustice’s worst forms because they violate a most fundamental right to life and an equally fundamental right to due process.
Warrantless arrests, investigations conducted without a lawyer present and planted evidences are some of the other forms. Injustice of this sort could have anarchy as a possible and scary aftermath.
The unjust methods are being justified by its perpetrators as a means to hunt down criminals and enemies of the state. But because these improper methods violate basic human rights, they often victimize the innocent, politicize them and contribute to the breeding of more “enemies” of the state.
It is moreover not rare for extrajudicial killings to be directed not at enemies of the state but at personal enemies of those in power, be they military, police or government official.
We would do well to recall what St. Thomas Moore once said about those who violate fundamental laws in order to “get to the devil.” He said that if you cut down every law of the land in order “to get to the devil,” where will you hide when the devil, his back to the wall, starts to run towards you. A truly free and democratic country like the Philippines wants to be should protect basic human rights as a fundamental means of attaining progress.
It was, therefore, most reassuring to read an item the other day in Sun.Star about a househelp cleared of illegal drug raps. I must commend Judge Gabriel Ingles for keeping justice alive in its most fundamental form. His decision was reassuring on two counts. First it was rendered in favor of a lowly househelp whose stature in society makes her prone to injustice. And second, it struck against a warrantless arrest and an investigation without the benefit of counsel given to the accused.
Judge Ingles has given us hope that justice can still be within reach of the poor and powerless. His significant decision struck at the heart of the injustice system which is military or police might for very few policemen and military personnel are able to resist the temptation of power which comes with the guns they have tucked in their belts.
It has been observed time and again that in Western Europe and the US, if you are hounded by criminal elements you run to the police for help. In the Philippines, you steer clear of the police if you do not want any more trouble than you are already in.
Often, the worst enemies of the state are those who enforce its laws unjustly and abuse their power by planting evidence and forcing confessions. Judge Ingles’ decision is the triumph of justice over those who pervert it. More power to him and to people like him.
