The Asian Human Rights Commission (AHRC) is writing to you regarding the press release issued by the Philippine Information Agency on January 12 entitled, “PNP clarifies case of Herman Baria before Asian Human Rights Commission”. The press release consisted entirely of remarks by Police Chief Superintendent Geary L. Barias denying any wrongdoing by his subordinates in the killing of Hernan Baria and wounding of Romeo Catalan in Iloilo on 23 July 2005, and contained attacks on the AHRC for its call that there should be an independent inquiry into the incident.
The AHRC is outraged by the contents of this press release. While state officials are perfectly entitled to defend themselves against allegations of human rights abuses, it is not the responsibility of your agency to distribute such defences on their behalf. You are not public relations officers for the police. If they wish to respond, they have their own channels, and the concerned officers may hire legal counsel and obtain other support from the institutions established to assist them. The PIA Charter spells out its mission as “to provide for free flow of accurate, timely and relevant information” in order “to assist people in decision-making and identification of opportunities to improve quality of life” and “to enable citizens to participate meaningfully in the democratic processes”. How have any of these functions been fulfilled by your distributing the police account of events that lead to the death of a person, which has never been independently verified?
By giving an entirely one-sided account of the killing and wounding, the press release impliedly validated the police account of what happened to the two victims, without your agency having the means or authority by which to verify the facts. In effect, your office has pre-empted the courts on matters over which they alone have jurisdiction: that is, to judge whether or not the police operation was “legitimate” as claimed, and whether or not any offences have been committed. It is for this purpose that the AHRC issued its appeal on the case: that there might be a credible, independent investigation by the concerned authorities followed by the necessary judicial intervention. Until this much is done, upon what grounds does your agency have any right to issue press releases on behalf of the police? Without this much being done, what part of your press release could be deemed “accurate”?
By reproducing what amounts to a factually erroneous rebuttal of some serious allegations against the police, your agency’s credibility has been severely damaged, as has that of the entire Philippine administration. It casts serious doubts on the sincerity of the state to afford redress to victims of killings, disappearances, torture and other gross abuses in the Philippines. It further isolates victims and their families, and boosts the impunity and fear that is spreading throughout the country. It also undermines the role of the justice system and increases public distrust in the capacity of the state to respond to the very grave human rights abuses that are going on constantly in the Philippines.
Your agency has a crucial role and great responsibility to the people of the Philippines. On this occasion you have somehow confused that role with the acting as . The Asian Human Rights Commission urges you to rescue your reputation and restore some confidence in the work of the government of the Philippines on human rights issues by
1. Retracting the January 12 press release and issuing a public apology to the families of the victims without delay.
2. Conducting an inquiry to establish and discipline the person or persons in your office responsible for the press release.
3. Undertaking that no further such press releases will be issued in the future and that reporting by the agency will in fact be based upon facts rather than one-sided and unproven statements from the police or any other state officers.
The credibility and reputation of any media institution–be it public or private–depends on the accuracy, fairness and independence of its reporting. While your agency is justified in concentrating its reports on the work of state officials and their offices, you cannot afford to confuse this legitimate exercise with becoming an accomplice to contrived and manipulated information aimed at exonerating authorities from wrongdoing or achieving other dubious ends. Do not allow yourselves to be used. If you make that mistake, you will loose the trust of the public in the Philippines and very many other interested persons and organisations beyond its borders, and become known as nothing other than a mouthpiece for state propaganda.
Yours sincerely
Basil Fernando
Executive Director
Asian Human Rights Commission, Hong Kong
