|
Friday, February 23, 2007
Melo Commission: Military officials liable for slays
MANILA -- The Melo Commission said retired Major General Jovito Palparan and some of his superiors might be held responsible for failing to prevent, punish, or condemn the killing of political activists under the principle of command responsibility.
Malacañang released copies of the 86-page report, plus annexes that included reactions from Armed Forces Chief Hermogenes Esperon Jr. and Palparan.
Arroyo Watch: Sun.Star blog on President Arroyo
A turnover ceremony between Press Secretary Ignacio Bunye and officials of the Malacañang Press Corps was held at the briefing room of the New Executive Building.
The report of the commission headed by retired Supreme Court (SC) associate justice Jose Melo said "it being well-nigh obvious that some elements in the military were behind the killings of activists, it becomes equally plain that some ranking officers in the Army have not performed their function of investigating or preventing the said killings, as well as punishing their perpetrators."
It attributed the failure to act on the misconception that command responsibility extends only to acts ordered or authorized by the commander, and not to criminal acts of his subordinates.
It said no evidence was presented to the commission that Palparan was called by his superiors to explain his alleged involvement in the extrajudicial killings.
It noted that Palparan's statements that he could have inspired some quarters to go after the activists and that some of his men may have been involved "could have provoked disciplinary action against him, not to mention court martial, or violation of the Articles of War."
The commission brushed aside arguments that no action was taken against Palparan because there was no complaint against him.
The commission cleared President Gloria Macapagal-Arroyo of any liability, saying she recognized the need to address the disturbing rise in the number of killings of media persons and activists and created the Task Force Usig and the Melo Commission.
It deplored the human rights group Karapatan and the party-list organization Bayan Muna for refusing to present their evidence saying it would have been to their best interest if they did and that it would have proven their legitimacy aside from dispelling allegations that they are merely front organizations of the New People's Army (NPA).
The commission also said there is some "circumstantial evidence" linking groups within or connected to the military to the spate of killings.
It said the only explanation for most of the deaths is that the victims were allegedly rebels or connected with the Communist Party of the Philippines-New People's Army (CPP-NPA), whose members have been tagged as enemies of the state who should be "neutralized."
The commission said Palparan told the commission that he cannot categorically deny that some of his men may have been behind some of the killings.
It said while the military argued that the extrajudicial killings were part of a purge done by the CPP-NPA, it did not present any witnesses or the "captured documents" detailing such plans.
The commission said the overwhelming majority of victims were "mere students, peasants or laborers, and thus were highly unlikely to have committed any financial opportunism" against the CPP-NPA. It noted that the military has not done anything to promote or encourage such rift within the communist organization when it would greatly benefit from it.
"More telling however is the fact that General Palparan himself does not believe in this 'purge' theory, declaring that he had no reason to believe that the killings were perpetrated by the CPP-NPA," it said.
It said this leaves only the military, or groups within it, as the one responsible for the killings because it has the capacity, organization, and the equipment to do so.
It added that if there were assassins from the NPA roaming the countryside and targeting former cadres, the military should be the first to know but the military did not prevent or investigate the rising number of killings.
The Melo Commission said there is an "unusual trend" of rising number of activist killings in areas where Palparan was assigned. It said Palparan, in his statements before the media, admitted to having openly encouraged persons to perform extrajudicial killings.
It said Palparan condoned the killings by failing to properly investigate the possibility that his men may have been behind them.
It also said Palparan admitted to having helped create the barangay defense forces in order to prevent the entry of the CPP-NPA in certain areas. It said that such groups are "equivalent to an unofficial civilian militia" that "can easily degenerate into a mindless armed mob."
However, the Melo Commission said it could not recommend prosecution of persons responsible for the killings because the militant groups did not present any evidence.
The Melo Commission recommended that:
* President Arroyo reiterate in the strongest possible manner her expressions of determination and firm resolve to stop the killings;
* A civilian body independent of the Armed Forces investigate the killings;
* The PNP Law should be amended and strengthened to ensure the thorough and impartial investigation of erring police officers. Prosecutors must be assigned to review all complaints to evaluate the sufficiency of evidence to determine probable cause and possible conviction;
* The National Bureau of Investigation (NBI) take over the investigation of the case if there is no positive result yet after six months;
* The justice department create a special team of prosecutors to handle the trial of the said cases and request the Supreme Court (SC) to designate special courts to try the cases;
* The Witness Protection Program be enhanced to guarantee the safety of witnesses to the killings;
* The President propose a law requiring the police and military to maintain strict chain-of-command responsibility regarding extrajudicial killings and other offenses committed by their subordinates; and that
* The investigative capabilities of the PNP and NBI be improved by upgrading their equipment and strengthening the information reward system;
President Arroyo, in a statement, said "government is not in denial, these killings will be resolved and the Armed Forces shall continue to be a vanguard for freedom."
She said the release of the Melo Commission report "proves beyond doubt that the Philippine government upholds democracy, human rights and press freedom."
"This is about right and wrong, not about left and right," she said.
Arroyo said 99 percent of soldiers are good and valiant and are on alert to safeguard the people and the nation.
Press Secretary Ignacio Bunye admitted that there are "some bad eggs" in the military. (JMR/Sunnex)
For more Philippine news, visit Sun.Star Davao. (February 23, 2007 issue)
Write letter to the editor. Click here.
Join the Sun.Star message board. Click here. |
|
|
|
[return to top]
[home]
|
|
