Extrajudicial killings and forced disappearances in the Philippines

Extrajudicial killings and forced disappearances in the Philippines are illegal liquidations, unlawful or felonious killings and forced disappearances in the Philippines.[1] These are forms of extrajudicial punishment, and include extrajudicial executions, summary executions, arbitrary arrest and detentions, and failed prosecutions due to political activities of leading political, trade union members, dissident and/or social figures, left-wing political parties, non-governmental organizations, political journalists, outspoken clergy, anti-mining activists, agricultural reform activists, members of organizations that are allied or legal fronts of the communist movement like "Bayan group" or suspected supporters of the NPA and its political wing, the Communist Party of the Philippines (CPP).[2][3]

Extrajudicial killings are most commonly referred to as "salvaging" in Philippine English.[4][5][6] The word is believed to be a direct Anglicization of Tagalog salbahe ("cruel", "barbaric"), from Spanish salvaje ("wild", "savage").[7]

Extrajudicial killings (EJKs) is also synonymous with the term "extralegal killings" (ELKs). Extrajudicial/ extralegal killings (EJKs/ ELKs) and enforced disappearances (EDs) are unique in the Philippines in as much as it is publicly and commonly known to be committed also by non-state armed groups (NAGs) such as the New Peoples Army (NPA) and the Moro Islamic Liberation Front (MILF). Though cases have been well documented with conservative estimates of EJKs/ ELKs and EDs committed by the NPAs numbering to about 900-1,000 victims based on the discovery of numerous mass grave sites all over country, legal mechanisms for accountability of non-state actors have been weak if not wholly non-existent.

Aside from the Philippines, extrajudicial killings, death squads and desaparecidos were common in South and Central America during the cold war. It is also currently common in the Middle East.

Nature

Philippine extrajudicial killings are politically motivated murders committed by government officers, punished by local and international law or convention. They include assassinations; deaths due to strafing or indiscriminate firing; massacre; summary execution is done if the victim becomes passive before the moment of death (i.e., abduction leading to death); assassination means forthwith or instant killing while massacre is akin to genocide or mass extermination; thus, killings occurred in many regions or places throughout the Philippines in different times - 136 killings in Southern Tagalog region were recorded by human rights group Karapatan from 2001 to May 19, 2006.[8][9][10]

A forced disappearance (desaparecidos), on the other hand, as form of extrajudicial punishment is perpetrated by government officers, when any of its public officers abducts an individual, to vanish from public view, resulting to murder or plain sequestration. The victim is first kidnapped, then illegally detained in concentration camps, often tortured, and finally executed and the corpse hidden. In Spanish and Portuguese, "disappeared people" are called desaparecidos, a term which specifically refers to the mostly South American victims of state terrorism during the 1970s and the 1980s, in particular concerning Operation Condor. In the International Convention for the Protection of All Persons from Enforced Disappearance, "Enforced disappearance" is defined in Article 2 of the United Nations Convention Against Torture as "the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law."[11][12]

Even if Philippine Republic Act No. 7438[13] provides for the rights of persons arrested, detained, it does not punish acts of enforced disappearances. Thus, on August 27, Bayan Muna (People First), Gabriela Women's Party (GWP), and Anakpawis (Toiling Masses) filed House Bill 2263 - “An act defining and penalizing the crime of enforced or involuntary disappearance.” Sen. Jinggoy Estrada also filed last June 30, 2007, Senate Bill No. 7 - “An Act Penalizing the Commission of Acts of Torture and Involuntary Disappearance of Persons Arrested, Detained or Under Custodial Investigation, and Granting Jurisdiction to the Commission on Human Rights to Conduct Preliminary Investigation for Violation of the Custodial Rights of the Accused, Amending for this Purpose Sections 2, 3 and 4 of RA 7438, and for Other Purposes.” [14][15][16]

Background

Marcos regime

In 1995 10,000 Filipinos won a U.S. class-suit against the Ferdinand Marcos estate. The charges were filed by victims or their surviving relatives for torture, execution and disappearances.[17] Human rights groups placed the number of victims of extrajudicial killings under martial law at 1500 and over 800 abductions; Karapatan (a local human rights group's) records show 759 involuntarily disappeared (their bodies never found). Military historian Alfred McCoy in his book "Closer than Brothers: Manhood at the Philippine Military Academy" and in his speech "Dark Legacy" cites 3,257 extrajudicial killings, 35,000 torture victims, and 70,000 incarcerated during the Marcos years.[18][19] The newspaper "Bulatlat" places the number of victims of arbitrary arrest and detention at 120,000.[20][21][22]

The New People's Army (NPA) groups known as "Sparrow Units" were active in the mid-1980s, killing government officials, police personnel, military members, and anyone else they targeted for elimination. They were also part of an NPA operation called "Agaw Armas" (Filipino for "Stealing Weapons"), where they raided government armories as well as stealing weapons from slain military and police personnel. A low level civil war with south Muslims, Al-Qaeda sympathizers and communist insurgents has led to a general break down of law and order. The Philippines government has promised to curb the killings, but is itself implicated in many of the killings.[23][24][25]

Since 1975, the Armed Forces of the Philippines (AFP) was deeply concerned in politics. Because of the armed conflict, the military continued its campaign versus the New People’s Army of the Communist Party of the Philippines (CPP). Since 1969 it aimed to establish a Marxist regime with armed rebellion against the government. On top of all these chaos, left-wing non-governmental organizations (NGOs) were/are critical of the Gloria Macapagal-Arroyo administration. The members who associated with the CPP and NPA had been targeted as victims in the spate of political killings. Human Rights Watch investigated extrajudicial murders in the Philippines in September 2007.[18][26][27]

Philip Alston

Three major investigation groups were commissioned and their final reports had been submitted and published: the Gloria Macapagal-Arroyo government-appointed bodies: a) Task Force Usig created by her on August; as a special police body, it was assigned to solve 10 cases of killings; it claimed having solved 21 cases, by initiating court cases, but only 12 suspects were arrested; b) the Melo Commission (chaired by Supreme Court Associate Justice Jose Melo) with members National Bureau of Investigation Director Nestor Mantaring, Chief State Prosecutor Jovencito Zuño, Bishop Juan de dios Pueblos, and Nelia Torres Gonzales; its final report states: "There is no official or sanctioned policy on the part of the military or its civilian superiors to resort to what other countries euphemistically call “alternative procedures”—meaning illegal liquidations. However, there is certainly evidence pointing the finger of suspicion at some elements and personalities in the armed forces, in particular General Jovito Palparan, as responsible for an undetermined number of killings, by allowing, tolerating, and even encouraging the killings." (Melo Commission report, p. 53),[28] and c) Philip Alston, the United Nations Special Rapporteur on Extrajudicial Executions (February 12 to 21, 2007)

Remedies

Malacañang's peace summit and Puno's killings summit

Promulgation of Writs of Amparo and Habeas Data

Because of the inefficacy and insufficiency of the Philippines Writ of Habeas Corpus, on September 25, 2007, Chief Justice Reynato Puno signed and released the Writ of Amparo: "This rule will provide the victims of extralegal killings and enforced disappearances the protection they need and the promise of vindication for their rights. This rule empowers our courts to issue reliefs that may be granted through judicial orders of protection, production, inspection and other relief to safeguard one's life and liberty The writ of amparo shall hold public authorities, those who took their oath to defend the constitution and enforce our laws, to a high standard of official conduct and hold them accountable to our people. The sovereign Filipino people should be assured that if their right to life and liberty is threatened or violated, they will find vindication in our courts of justice'."[40][41][42][43] Puno explained the interim reliefs under amparo: temporary protection order (TPO), inspection order (IO), production order (PO), and witness protection order (WPO, RA 6981).[44] As supplement to Amparo, on August 30, 2007, Puno (at Silliman University in Dumaguete City, Negros Oriental) promised to release also the writ of habeas data (“you should have the idea” or “you should have the data”) another new legal remedy to solve the extrajudicial killings and enforced disappearances. Puno explained that the writ of amparo denies to authorities defense of simple denial, and habeas data can find out what information is held by the officer, rectify or even the destroy erroneous data gathered. Brazil used the writ, followed by Colombia, Paraguay, Peru, Argentina and Ecuador.[45]

For other legal remedies see also Writ of Amparo and Habeas Data (Philippines)

International groups' 2006 and 2008 probe of killings

In 2006, the Dutch Lawyers for Lawyers Foundation and Lawyers without Borders with the support of the Netherlands Bar Association, the Amsterdam Bar Association and the International Association of Democratic Lawyers created a fact-finding mission in different parts of the Philippines. The international groups conducted interviews of various legal sectors from June 15 to June 20, 2006.

From November 4–12, 2008, the Dutch Lawyers for Lawyers Foundation will conduct a follow-up verification and fact finding mission (IVFFM) in Manila and Mindanao, with the National Host Committee, National Union of Peoples' Lawyers (NUPL) and the Counsels for the Defense of Liberties (CODAL). This team is composed of 8 judges and lawyers from Belgium and Netherlands, who had dialogue with Reynato Puno on the probe of killings.[50] [51][52]

International criticism

On September 28, 2007, the Asian Human Rights Commission (AHRC) criticized the Writ of Amparo and Habeas Data (Philippines) for being insufficient: "Though it responds to practical areas it is still necessary that further action must be taken in addition to this. The legislative bodies, House of Representatives and Senate, should also initiate its own actions promptly and without delay. They must enact laws which ensure protection of rights—laws against torture and enforced disappearance and laws to afford adequate legal remedies to victims." AHRC objected since the writ failed to protect non-witnesses, even if they too face threats or risk to their lives.[53]

International reports - the root cause of killings

Alston UN report

Failed investigations and prosecutions

The Eric G. John and G. Eugene Martin testimonies

FIDH report

2008 US Department of State report

On March 11, 2008, the US Department of State reported that "arbitrary, unlawful arrests and extrajudicial and political killings continued to be a major problem in the Philippines in 2007.[64] Washington stated that "many of these killings went unsolved and unpunished despite intensified efforts of the government to investigate and prosecute these cases."[65]

Judicial corruption

On January 25, 2005, and on December 10, 2006, Philippines Social Weather Stations released the results of its two surveys on corruption in the judiciary; it published that: a) like 1995, 1/4 of lawyers said many/very many judges are corrupt. But (49%) stated that a judges received bribes, just 8% of lawyers admitted they reported the bribery, because they could not prove it. [Tables 8-9]; judges, however, said, just 7% call many/very many judges as corrupt[Tables 10-11];b) "Judges see some corruption; proportions who said - many/very many corrupt judges or justices: 17% in reference to RTC judges, 14% to MTC judges, 12% to Court of Appeals justices, 4% i to Shari'a Court judges, 4% to Sandiganbayan justices and 2% in reference to Supreme Court justices [Table 15].[66][67]

Maguindanao massacre

In the Maguindanao massacre in the Philippines on November 23, 2009, 57 people were killed while en route to file an electoral certificate of candidacy for Esmael Mangudadatu, vice mayor of Buluan town, in upcoming gubernatorial elections for Maguindanao province.[68] The dead included Mangudadatu's wife, his two sisters, journalists, lawyers, aides, and motorists who were witnesses. At least 198 suspects were charged with murder, including incumbent governor Andal Ampatuan Sr., and his son, Andal Ampatuan Jr. who was to be a candidate to succeed him.[69] On November 16, 2010, the international non-governmental organization Human Rights Watch issued a 96 page report titled "They Own the People," charting the Ampatuans’ rise to power, including their use of violence to expand their control and eliminate threats to the family’s rule.[70]

Events

See also

General:

Monitoring organizations

References

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External links

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