Urgent need for Ombudsman to demonstrate efficiency in resolving cases

An Open Letter to the Deputy Ombudsman of the Philippines by the Asian Human Rights Commission
August 25, 2006

Mr. Orlando Casimiro
Deputy Ombudsman
Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices (MOLEO)
3rd Floor, Ombudsman Bldg., Agham Road, Diliman (1104)
Quezon City, PHILIPPINES
Fax: + 63 2 926 8747

Dear Mr. Casimiro,

The Asian Human Rights Commission (AHRC) is writing to you having learnt of your letter to the editor published in the Philippine Daily Inquirer on 22 July 2006, entitled "Baseless complaint vs. graft-buster". In the last paragraph of that letter you quote the 2005 Ombudsman's annual report in order to assert that the part of the office under your authority is "the highest performing office in terms of cases resolved". This remark seeks to give the impression that your agency is performing well.

We regret to differ. You are surely aware that the AHRC has in recent times actively and sincerely approached your office and sought intervention on a number of serious cases involving police and military personnel. We have rightly asked you to conduct thorough investigations, recommended the filing of appropriate charges in court, the imposition of sanctions and immediate action on the cases endorsed to you for review. Regrettably, the results of these requests have not been commensurate with our efforts. Allow us to remind you of some of these:

1. Your office has failed to act on the recommendation made by the Commission on Human Rights (CHR VIII) to file multiple murder and attempted murder charges against a military major, his two sergeants and a corporal involved in the killing of nine peasants in Palo, Leyte on 21 November 2005. The Commission endorsed its findings for your review in February but your office has yet to act on it. Charges cannot be filed in court as a result.

2. You also failed to act on the recommendations made by the Office of the Provincial Prosecutor to file murder and attempted murder charges against two military lieutenants and their men involved in the killing of three persons and wounding of three others in Kiblawan, Davao del Sur on 8 February 2005. The prosecutor already endorsed the findings to you on July 2005, yet you have failed to resolve the case. The military men involved have not been formally charged in court.

3. We are not aware of any response from your office to the directives of a Regional Trial Court judge on 17 May 2006 to amend the charge of murder to homicide against a military sergeant and his 31 men involved in the killings of Bacar Japalali and his wife Carmen in Tagum City during September 2004. You are aware that the case cannot proceed in court unless your office responds to the judge's directives to determine the nature of the charges against the military.

4. We are not aware of any result of your investigation into the alleged torture of Haron Abubakar Buisan, who was arrested due to mistaken identity by policemen in General Santos City on 12 December 2005. In a letter dated 10 January 2006 you assured us that there would be "an appropriate fact finding investigation" conducted by your office. But to our knowledge there has been no action against the accused police.

5. You made similar assurances concerning the case of slain activists Jose Manegdeg III of San Esteban, Ilocos Sur; Albert Terredano of Bangued, Abra; and Cathy Alcantara of Abucay, Bataan. You have been repeatedly requested to intervene into these cases, but again we are unaware of any conclusive investigation by your office. The perpetrators of these killings-- alleged to have been state personnel or persons linked to them--have not even been identified, let alone arrested and charged.

We believe that you will agree with us that any claims of efficiency and high standards of performance by any government office, in particular yours, must be reflected of how this performance contributes to upholding the public interest. Where your office is concerned, there is a special obligation to meet the interests of the victims and family members who are seeking redress for the wrongful acts of military and law-enforcement officers.

When victims are denied speedy disposition of their cases due to inaction and unnecessary delays, while in the meantime they are forced to endure constant threats and insecurity, any public office responsible for this situation is not worthy of citation as "high performing". Only when the needs and interests of these persons and the public are fully met can such praise be given.

For the time being we must withhold any such praise from your office. However, we remain hopeful that this situation may change. We look forward to your office effectively and efficiently dealing with all of the abovementioned cases, as all cases of alleged gross violations by army and police officers that come to its attention, in order to fulfill public expectations as well as those of the parties with a direct interest. We will continue to submit cases to your office and will judge your performance not by numbers in an annual report but by what clear action we can see in response to these.