Saturday, December 09, 2006 'Salvaging' still tops human rights violation By Grace L. Plata
MURDER and homicide cases have topped the list of human rights violations for two consecutive years 2005 and 2006, the Commission of Human Rights (CHR)-Southern Mindanao said.
Most of these cases are actually extra-judicial killings or "salvaging."
CHR Director Alberto Sipaco, during the Kapihan sa Dabaw press conference Friday, said that of 184 of murder and homicide, 140 is due to extra-judicial killings.
But Sipaco was quick to add that such figure is lesser compared to last year's 221 cases.
Sipaco said extra-judicial killings have become a popular means of curbing crime. But because it is a means wherein people put the law into their hands then this notorious act negates the promotion and protection of human rights.
He reported that CHR has investigated and completed 158 cases as of this year and its legal division has resolved 150 cases, which has been dismissed of or forwarded to the proper judicial body.
Sipaco, however, said the speedy disposition of cases would be bettered if CHR were granted prosecutory powers.
He explained that it is CHR's investigatory function that would make them more effective as prosecutors since they have the appreciation of first-instance facts, having strong prosecution possibilities.
Sipaco said that present protocol states that cases investigated by CHR will be forwarded to the Prosecutor's Office or the Ombudsman depending on the nature of the case.
These agencies, after receiving the investigation report from CHR, will also conduct their own preliminary investigation to validate CHR's investigation resulting in delay before a case is finally brought to court risking loss or weakening of evidence overtime.
Sipaco said that if CHR-investigated cases will be directly filed by them, it would expedite the process.
But Task Force Detainees of the Philippines (TFDP) Mindanao Representative Rita Melecio says otherwise. She said CHR must first strengthen its investigatory capabilities before it accepts another workload.
TFDP, a human rights advocate organization, has handed over several complaints to CHR but lamented the slow feedback of the commission.
Melecio said that one case that TFDP has brought to the attention of CHR was the B'laan Massacre in Matan-aw in February 2005.
TFDP submitted a report complete with the signed affidavits of witnesses to CHR on March of the same year, but Melecio said it took CHR eight months to resolve the case.
Melecio added that CHR should work on its witness protection program so that witnesses will not be afraid to come out and have their say especially when powerful individuals are involved in the case.
Sipaco, on the other hand, said one factor that the lessening of crime reports and speedy resolution of cases can be attributed to is CHR's Barangay Human Rights Action Center, which addresses complaints on the lowest level.
Sipaco said the Barangay Human Rights Action Officer would collate all complaints with supporting data before submitting it to the Regional Office therefore facilitating easy access and saving precious time.
The Barangay Action Center also gives free legal assistance.
