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Tuesday, August 22, 2006
Arroyo forms body to look into killings
MANILA -- President Gloria Macapagal-Arroyo on Monday signed an order creating a special commission that would investigate the spate of killings of media practitioners and political activists.
Arroyo said former Supreme Court (SC) justice Jose Melo will head the commission, with National Bureau of Investigation (NBI) Director Nestor Mantaring, Chief State Prosecutor Jovencito Zuño, Batanes Bishop Camilo Gregorio, and University of the Philippines (UP) regent Nelia Gonzalez as members. Lawyer Rogelio Vinluan will serve as senior counsel.
The President announced the formation of the committee in honor of former senator Benigno "Ninoy" Aquino Jr., whom she dubbed as the most famous victim of political killings.
"We have been making progress in bringing these cases to court and putting the killers behind bars but I have been impatient, we've been impatient with the pace," she said during the commemoration of the late senator's 23rd death anniversary.
Arroyo said the commission will be imbued with "wide powers and a sweeping mandate for its members to put murderers behind bars and break this cycle of violence once and for all."
"Democracy in the Philippines will not stand for senseless political killings. Every man and woman in our country is entitled to speak, free from fear that they will pay for their beliefs with their very lives. Whether you are a journalist or a political activist or the Left or the Right, it is the obligation of the government and indeed the entire nation to protect the rights and liberties of every citizen," she said.
"For too long, there has been a culture of violence in our political process. For years, political disputes have been settled looking down the barrel of a gun," she added.
Arroyo said she has ordered Melo to prioritize the investigation of unsolved cases, to be the sole voice of government on the issue of political and media killings, coordinate with families of the victims and the international organizations, and recommend on how to stop the killings.
"I have directed them (Melo Commission) to leave no stone unturned in their pursuit of justice. I want them to pursue every lead down every path. The victims and their families deserve justice to be served. The Filipino people for whom Ninoy died fighting for democracy deserve a democracy they can trust. It's time that the culture of political retribution to be stopped," she said.
She said the commission can also deputize the police and military to help in the investigations, summon records, witnesses and evidence, and administer oaths.
She said she is not giving the commission any deadline to finish their works.
Executive Secretary Eduardo Ermita said the commission will first make an inventory of cases and reconcile the figures of the Philippine National Police (PNP), the Commission on Human Rights (CHR), militant groups and Amnesty International (AI).
National Security Adviser Norberto Gonzales said President Arroyo is expected to raise the issue of extra-judicial killings in the country and at the same time solicit assistance during her European visit next month.
Gonzales said the international body would be in addition to the special six-man commission led by Melo. He said the Arroyo administration is determined to resolve the spate of killings, prevent its repeat, and get to the bottom of these cases.
Arroyo is tentatively set to visit Helsinki and Brussels from September 8 to 12.
Gonzales said at least three countries had initially been invited to be part of the international investigating body but he continued to refuse to name them until they have formally accepted the invitation. He said they could invite more countries and even some international "credible" groups like those formed by the UN to join the body.
He said they would just have to wait until the end of August to get the feedback from the initial batch that they have invited. "We're waiting for September and when September comes, we will go to the international groups," said Gonzales, adding that his office and the Department of Foreign Affairs (DFA) would oversee the invitation and following up of their response to it.
He said: "We see international assistance to look into the killings because human rights is an international issue."
Gonzales also said that it is not embarrassing to the Philippines to "invite the world to come in" as other countries had done the same things in the past like the United Kingdom that sought the Philippines' help in the recent terrorist threat and Australia following the Bali bombing in Indonesia several months back.
Gonzales, meanwhile, rejected the proposal of a communist group in Palawan to reinstate the peace negotiations between the government and Communist Party of the Philippines (CPP) to boost efforts to stop the extra-judicial killings. He said the political killings would end if the CPP-New People's Army (NPA) would order their members to "stop it."
In a press forum in Quezon City, Central Luzon military commander Jovito Palparan said he will submit himself for investigation to a Malacañang-formed commission.
Palparan has been accused by militant groups of masterminding the killings but the military official denied the accusation.
"I have always said that I'm willing to face any investigation and even my men who are identified, if there are. For as long as long as they (his accusers) produce facts, yes, I'm willing to face this investigation," he said.
Palparan said he is leaving the military service on September 11 upon reaching the mandatory retirement age of 56 with a clear conscience. "My hands are clean," he said.
"As to my direct responsibility and my men, I have always said that I could face investigation if there is anyone within my command who is involved in these extra-judicial killings but extra-judicial killings could be undertaken by other people also," he said.
He said has not ordered any of his men to resort to extra-judicial killings or liquidate any member of the communist group.
If there are soldiers who perpetrated any of these extra-judicial killings, they did it on their own, he added. "That's their individual responsibility if they are involved I would say," he said.
Philippine National Police (PNP) Chief Oscar Calderon welcomed President Arroyo's creation of an independent commission that will investigate and prosecute cases of murdered journalists and militants.
Calderon said that with broader powers and authority, the newly organized body will be able to investigate these murder cases. "We hope that the commission will be able to generate the indispensable cooperation and support of all concerned sectors, particularly the party-list group Bayan Muna and its affiliates, similar to what we have established with some media organizations and cause-oriented groups," he said.
"For our part in the PNP, we will extend our full support and cooperation to allow the commission to fulfill its mandate of consolidating inter-agency efforts to serve the ends of justice to the victims," he also said.
Calderon directed the PNP Task Force Usig under Deputy Director General Avelino Razon Jr. to make available all investigative, technical, forensic, and legal support to the commission. He wanted the task force to prepare all records and documents of ongoing investigation.
"Aside from Task Force Usig, I have also directed all concerned directorial staff offices and national police support units to provide the necessary assistance and support to the commission," he said.
He said the creation of an independent commission composed of members of unquestionable credibility is expected to hasten all ongoing investigation on the murders of journalists and militants.
PNP spokesman Samuel Pagdilao blamed the families of the slain militants for the non-solution of majority of the cases. A total of 110 activists have been killed since 2001 but only 28 were filed in court.
"In the killings involving party-list members as victims, we are having a problem on that because many of the cases happened in far-flung areas, in remote areas and we cannot really get witnesses," said Pagdilao.
"And then secondly even the victims' family or families refuse to cooperate with the PNP so these are two factors that affect the ongoing investigation of the PNP," said Pagdilao, referring to the investigation being conducted by PNP Task Force Usig.
He said the cooperation of the activist groups, specifically Bayan Muna, is "very important in the solution of these cases." He also said the cooperation of the victims' families are equally important.
He hoped that militant groups and the families of the victims would cooperate with the commission formed by the President. "With the formation of this special commission, I believe this will now trigger for everybody to participate in the solution of these killings," he said.
Some lawmakers in the House of Representative also welcomed President Arroyo's appointment of Melo as head of the commission. They urged the panel to finish its task by the end of the year so the country can put the issue behind it.
House Deputy Speaker for Mindanao Gerry Salapuddin and Representative Marcelino Libanan of Eastern Samar hoped that the commission could do its job fast enough to give the victims the justice they deserve and absolution for those wrongfully accused.
Salapuddin said they do not doubt the capacity and integrity of Melo to give the extra-judicial killings' issue the proper conclusion. "Being appointed by President Arroyo doesn't mean ex-justice Melo will be biased for the government. His unblemished record speaks for himself. He is trustworthy and credible enough to lead the commission," he said.
He said the panel is an independent commission armed with necessary powers to get to the bottom of the extra-judicial killings. "As mandated by the Palace, we are confident that no one will be spared in its investigation, be it (Major General Jovito) Palparan or any other military or police officials," he added.
Libanan, for his part, urged everyone to give the Melo panel a free hand to be able to work free from pressures.
But a lawyers' group doubted that the commission could investigate political killings in the country alone.
Neri Javier Colmenares, spokesman for the Counsels for Defense Liberties (Codal), said they found unacceptable President Arroyo's creation of a commission without any consultation from the victims and the human rights sector to assure the public that the body is genuinely independent.
"We would have welcomed President Arroyo's plan to create an investigating body if it is genuinely independent, effective, and credible because it is transparent and consultative," he said.
Colmenares said the commission would be just like Task Force Usig, which failed to gain any credibility from the victims and the public because of having no mechanisms that will ensure its independence, credibility, and effectiveness.
For any investigating body to be truly independent, the Codal proposed the following:
* It must have fiscal and administrative autonomy from any government institution, especially from the executive;
* It must have all the powers under Section 37, Chapter 9, Book I of the Administrative Code (AC) of 1987 including the power to issue summons and subpoena duces tecum and contempt powers, specifically the power to facilitate contempt sanctions against anyone who refuses to implement the commission's order;
* The President must assure that any member of the Armed Forces of the Philippines (AFP), the PNP and any official will appear before the commission, and that any duly notified executive official who fails to appear will be summarily punished by the President herself with suspension from whatever position or rank until that official appears before the body;
* The commission's secretariat, including a legal team of human rights lawyers, must also be independent from the executive;
* The body must not only have the power to investigate the killings, abductions, torture and massacres but also the power to prosecute the perpetrators to ensure that no one will belittle its authority. It must, therefore, be clothed with an inherent deputization from the Department of Justice (DOJ) to file the necessary criminal and administrative charges against suspected perpetrators of human rights violations, specifically killings, abductions, torture and massacres. As such, the commission's budget should allow it to get the services of human rights lawyers who will conduct such prosecution;
* The body, for purposes of credibility, must be acceptable to the victims of human rights violation and must have at least one representative each from the victims and the human rights sector. The CHR must also have one representative sitting in the commission. The failure to appoint any representative from the human rights sector while appointing representatives from the NBI and the justice department, two institutions, which have failed to investigate and prosecute perpetrators of the killings in the past five years, immediately puts into question the credibility of the body;
* The commission, for purposes of transparency, must be required to transmit regular reports to the President, the respective human rights committees of the House and the Senate, and the victims or human rights groups. The entire proceedings before the commission must be held in public, and all its documents must accessible to the victims, the perpetrators and the public in general.
* Before the commission is established, there must be consultations with affected sectors, organized by the CHR not only to recommend members of the commission from which the President must chose from but also to ensure that the interest of the victims and those affected by the commission's work will be considered in the crafting of the commission; and
* President Arroyo must allow the UN Human Rights Council, including the UN Special Rapporteurs for Extra-judicial Killings and Involuntary Disappearance, to gain access to the commission's proceedings so that they may monitor its work and therefore assure the international community of the independence and transparency of the body.
Militant lawmakers in the House supported Codal's proposals for the commission to have a modicum of credibility and relevance.
Representatives Satur Ocampo, Joel Virador, and Teodoro Casiño of Bayan Muna; Liza Maza of Gabriela; and Rafael Mariano of Anapawis said they wanted a commission that would be truly independent and granted appropriate powers to investigate and hold accountable even high government officials, including the President.
According to them, they cannot expect any independence from the body proposed by Arroyo since it has members of the NBI and the justice department who are both subordinates of the President and their immediate superior, (Justice Secretary Raul) Gonzalez, is a member of the Cabinet Oversight Committee on Internal Security (Cocis), which is rabidly persecuting the communist movement.
They believed that President Arroyo's commission would only become "a voice of the government" on issues hounding her administration that would eventually absolve them of any guilt.
Another activist legislator, detained Anakpawis party-list Representative Crispin Beltran, asked how a commission composed of a former aide of President Arroyo's father, DOJ subordinates, a pro-Charter change lobbyist, and Presidential appointee can produce an "independent" and "credible" investigation on the killings of 725 activists under the Arroyo administration.
"All of the five appointed members to the Melo Commission are in circumstances which greatly compromise their capacity to conduct an independent investigation on the internationally condemned killings of media practitioners and activists," Beltran said.
He said the appointment of the chief state prosecutor and the NBI director could "not possibly yield any significant results especially since the Cabinet officials who openly tolerate the killings were their bosses."
"How can (Chief State Prosecutor Jovencito) Zuño and (NBI Director Nestor) Mantaring possibly investigate the DOJ secretary, when he is their direct superior? Remember that just two months ago, (DOJ Secretary Raul) Gonzalez outrageously justified the killings as unavoidable 'collateral damage' in the war against the NPA ("You can't avoid collateral damage)," he said.
"Will the commission be able to investigate the 'Oplan Bantay Laya' hatched by (National Security Adviser Norberto) Gonzales and (Executive Secretary Eduardo) Ermita, two of the most protected Cabinet officials? Most, if not all, of the killings were perpetrated under the 'Oplan Bantay Laya'. How do you investigate Cabinet officials identified with the killings if they are the ones calling the shots at the home office? It's an absurd exercise in futility," Beltran said.
Beltran also expressed disappointment with the Palace's choice of private sector commission members who are (Nelia) Gonzalez and Gregorio.
"I believe that (Nelia) Gonzalez's current status as one of the five Presidential appointees to the UP Board of Regents, the university's highest governing body, and her position as chairwoman of the pro-Charter change lobby group 'Malayang Babae para sa Chacha at Reporma (Melchora)' compromises the commission's purported independence. Remember that many of those killed were also known for their vocal opposition to Mrs. Arroyo's Charter Change. How can (Nelia) Gonzalez reconcile her support for Charter change in this point?" Beltran said.
Also, Gregorio was among the few church leaders who were invited to the controversial dinner meeting presided over by President Arroyo at the Discovery Suites in Pasig City last July 8, he said.
Leaders of various religious groups challenged the Melo Commission to be honest to its investigation.
Bishop Teodoro Bacani, in his homily during the 23rd death anniversary celebration of the late senator at the Edsa Shrine, criticized the extra-judicial killings, saying these were not the solution to bring about social reforms in the country but it further bring down efforts to recover from political and economic crises hounding the country.
President Arroyo, together with other government officials, attended the mass. Former President Corazon Aquino, wife of the late lawmaker, and other members of the Aquino family, however, were not present during the occasion.
Fr. Jerry Sabado, spokesman for the Promotion of Church People's Response (PCPR) which has been monitoring cases of extra-judicial killings in the country, said the commission should be more careful in its investigation so as not be labeled as another sham investigating body that will depend on the same informants who were used by the military.
Sabado was referring to Task Force Usig, which he said is "nothing but a façade to protect the real perpetrators of the crime." He condemned the task force's reports linking the communist group to abductions and killings of their three pastors namely Edison Lapuz, Felidito Dacut and Paquito Diaz. (JMR/VR/DBP/MSN/Sunnex)
(August 22, 2006 issue)
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