PHILIPPINES: A credible inquiry needs to be begin into extrajudicial killings and General Jovito Palparan in particular

An announcement by President Gloria Macapagal Arroyo that she is appointing a high level Commission of Inquiry to probe into the extrajudicial killings was exposed as a hoax within just a few days of the announcement and even one of the nominated commissioners, a catholic bishop, publicly announced that he would not be party to this commission.

Also the proposed commission was exposed to have no power to summon witnesses or to deal with their non-compliance with the commission’s requests by way of contempt proceedings.  Such powers cannot be given by the president herself since the law requires that these must be approved by the Congress and the Senate.  The president has not brought any bill before these bodies to give authority to a credible commission to inquire into and take appropriate action against these killings.

Meanwhile General Palparan made a statement that he had encouraged his soldiers to act in violation of constitutional rights and take revenge for their fallen comrades, and that he also encouraged the citizens the take the law into their own hands.  In the same statement he went on to say that he has advised those who have been victimised to “get even” and this came under heavy criticism by the international press as well as the local press.  In an editorial of the Herald Tribune,

“The mindset and the blatant disregard of constitutional rights of a people by the Armed Forces of the Philippines were made clear by an Army officer, who, even in disclosing this, didn’t seem to find anything illegal and unconstitutional about soldiers violating the rights of citizens…The fact that Palparan and his ilk believe that they can disregard – and with impunity – these constitutional guarantees of a people, and even encourage “those victimized” to take the law into their own hands, already shows that they do not believe in the rule of law. And to think they are mandated to protect the people and defend the Constitution.”

Editorial, Herald Tribune August 23, 2006

Local and international public opinion has also clearly come out against the president herself who has failed to condemn extrajudicial killings unequivocally, and who has also failed to give a clear command to stop these killings.  The complicity of the president in allowing the likes of General Palparan to continue to hold his rank has now become starkly clear.  In hindsight, the praise heaped upon this general by the president during her State of the Nation Address (SONA) must now become an embarrassment to her, as the general now openly speaks of his encouragement to the soldiers and the citizens themselves to engage in such killings.  Now the president is faced with the problem of taking the general to task.  However, until the president does so her words about taking action against extrajudicial killings will have little credibility locally and internationally.

The problems faced by the Filipino people continue as further killings are taking place, such as the murder of Hermelino Marquezas, a member of a left wing peasant group who was killed on August 21.  During the preceding two weeks there have been several other killings.  Naturally all these killings will seriously challenge the credibility of the president.

The state has now been reached where the law makers in the country need to take the upper hand in finding a quick and credible solution to the ongoing extrajudicial killings allegedly taking place with the direct involvement of the military.  Pure publicity stunts, such as the announcement by the president to resolve ten cases in ten weeks, or announcements of the formation of high level commissions will only further frustrate the people of the Philippines, and the families of the victims in particular.  Against the voice of a general talking about his encouragement for soldiers and the people to break the law, the voices of reason need to arise to reinforce the belief in the enforcement of law in the country.  There will be less and less expectation that the president will take the right action in this situation.  The people themselves have to find a solution to these continuous killings in spite of president.  Now all those who hold legal and moral responsibility in the country are faced with the challenge of resolving this problem.  All attempts to find a solution to this grave problem within the legal framework of the country deserve the support of the international community.

Document Type : Statement
Document ID : AS-195-2006
Countries : Philippines,
Campaigns : Stop extra-judicial killings in the Philippines