|
Wednesday, July 18, 2007
Law on violence v. gov't critics proposed in summit
MANILA -- Delegates to the recently concluded summit on extrajudicial killings on Tuesday were unanimous in proposing the creation of a new law that will criminalize violence against so-called political dissenters, particularly media men and activists.
At the end of the two-day Supreme Court (SC)-sponsored National Consultative Summit on Extrajudicial Killings and Enforced Disappearances, the 12 groups of panelists, each chaired by 12 justices of the SC, were in agreement with the proposal of Armed Forces Chief Hermogenes Esperon Jr. for a three-year bilateral peace talks with the communist movement saying the failure of the two parties to reach a truce was the root cause of the violence.
Pinoy Votes: Sun.Star Election 2007 Coverage
View here the list of local winners
The most viable and long-term solution to the problem of the killings and disappearances is going back to the peace process, they said.
There must be a renunciation of the armed struggle particularly in relation to the Communist Party of the Philippines-New People's Army (CPP-NPA), said the group of Associate Justice Consuelo Ynares-Snatiago.
A continuous dialogue between government and various sectors of society was also encouraged so that each side may be heard, the group said, adding that the insurgency problem is not a military problem but a political one.
The military has repeatedly denied any hand in the killing of political activists and the administration's perceived critics, but justified its iron-fist stance against the communist movement.
At the opening of the summit last Monday, Esperon called for the reopening of bilateral talks between the government panel and the CPP's negotiating arm, the National Democratic Front (NDF).
The delegates were one in denouncing the spate of summary and arbitrary executions of supposed critics of government, pointing out that extrajudicial killings and involuntary disappearances "are abominable and have no place in a democratic society."
The group of Senior Associate Justice Leonardo Quisumbing, husband of Commission on Human Rights chairperson Purificacion Quisumbing, also proposed a new crime classification where the victim or offended party is a journalist, judge, media, or militant who is killed or kidnapped in the course of the performance of his duties.
The group said its proposal is not an intrusion by the judiciary into the domain of the legislature as under the laws, the Courts can propose laws for the enactment of Congress.
The group also wants included in the penal code a provision that grants a court hearing a writ of habeas corpus authority to allow a government official entry into military and police camps, safe houses, offices, and detention centers.
The group of Associate Justice Santiago said there is a need to specifically define offenses involving extrajudicial killings and enforced disappearances, apart from murder, kidnapping, and serious physical injuries, as defined under the penal code.
The writ of habeas corpus was insufficient in dealing with killings and forced disappearances because the respondent can easily deny having possession of the victim, added Santiago's group.
Associate Justice Angelina Sandoval-Gutierrez noted the failure of the military to adequately protect the citizens by its sins of omissions, in cases where it is asked to produce the body of a person in habeas corpus cases and to explain the basis for detention.
Military or police authorities merely issue a general denial of custody and nothing more, forgetful of their role as protector of the State and the people.
To restore trust and confidence in these agencies is to erase the perception that extrajudicial killings are committed by these authorities, Gutierrez's group said.
The group further recommended that a serious study of the writ of Amparo be undertaken to see how it can be availed of as protective and remedial tool.
It further called for the enactment of a law on command responsibility of military superiors over the actions of their subordinates.
The group also proposed the revival of a bill similar to a national ID system, which sets down clear parameters but will not violate basic human rights.
During the deliberation of this group, 13 members concurred with the recommendation for the issuance, through this summit, of a resolution requesting the President to issue an order to all agencies concerned to put a stop to the extrajudicial killings and enforced disappearances.
Four members of the panel dissented, all of them from the military and police.
Associate Justice Antonio Carpio recommended that in habeas corpus proceedings, the petitioner may ask the court for an order allowing him to search specific private and public premises under the guidelines prescribed by the court in the presence of Commission on Human Rights and police representatives.
Carpios's group also urged the SC to adopt a rule allowing persons threatened with extrajudicial killings--whether by state agents, insurgents or other armed groups--to apply for a protection order from the courts. (ECV/Sunnex)
For more Philippine news, visit Sun.Star Pangasinan. (July 18, 2007 issue)
Write letter to the editor. Click here.
Join the Sun.Star message board. Click here. |
|
|
|
[return to top]
[home]
|
|
