The Irony of the AFP’s
call for observance of “Due Process”
A Press Statement of
KATUNGOD-SB-KARAPATAN
November 26, 2007
Last November 24, 2007
the Armed Forces of the Philippines had published their official
statement thru Maj. Othello Yañez on the “abduction and killing of one
Elizabeth Guttierez”. The AFP called on all human rights organization
to conduct an investigation on the matter.
[see
news article]
We, in the Regional
Human Rights Alliance KATUNGOD-SB-KARAPATAN, investigates cases of
human rights violations filed before our office from individuals and
from cases recognized by our Provincial Chapters all over the Region.
We investigate cases of human rights violations specifically those
perpetrated by agents of the State who are supposedly the one
protecting innocent civilians. It is on the premise that agents of the
State are the ones who are considered as the duly constituted
authority. Being as such, they are at all times accountable to the
people and to the Constitution. Investigating cases perpetrated by
non-agents of the State or of private individuals are not within our
bounds such as petty crimes. There are other agencies who can properly
address these cases. It is a well settled doctrine that the concept of
human rights came into being in order to protect individuals from the
powerful hands of the State. Human rights organizations such as our Alliance
are bound by these principles.
We don’t have the
legal standing to question the CPP or the NPA or the NDF since they
are not operating within the bounds of the Philippine law. Since they
have already admitted the killing, it is now the duty of our law
enforcement agents to do their job.
At this point, allow
me to discuss some points pressed by Maj. Yañez in his official
statement.
1. going back to the
statement made by the AFP, they did not specifically deny the
allegations of the Spokesperson of the National Democratic Front, Fr.
Santiago Salas, that Elizabeth Guttierez was a spy. Considering her as
such, as provided for by the International Laws, a spy is not
considered as a civilian and is considered as playing an active role
in armed conflict and is subject for punishment upon being unveiled.
2. on the allegations
that her execution was not made with “due process”, we must first
situate ourselves on who’s “due process”? The Communist Party with the
New People’s Army have been waging war for decades already. They have
what they call their territory, own government, and people. It is
rather safe for us to assume that they also have their own laws and
with it the observance of “due process”.
Since the AFP have
“opened” the argument on “due process”, it is ironic that they are
able use the term easily. How dare them talk about “due process” when
even they themselves do not observe the “due process” as provided for
by our laws: the Constitution and the Rules of Court. How many poor
peasants have they arrested without warrants, only on mere suspicions
that they were NPA’s and without giving those that they have arrested
the chance to know why they were being arrested, detained, and
tortured.
How dare them talk
about due process when they illegally arrested a couple in Basey,
Samar with their five year old child. They (the military) tortured the
couple on mere suspicion that they were members of the NPA and
detained them for almost a week at the 52nd IB Battalion Headquarters.
The couple were even briefed by Col. Jonathan Ponce to admit before
the public that they were members of the NPA and that they have guns.
How dare them talk
about due process when they tortured, illegally arrested, and detained Dominador Doque from Sitio Ogbok, Brgy. Villa Aurora, Basey, Samar and
afterwards also arrested his family with his three years old and one
year old children and then detained them at the Battalion Headquarters
of the 62nd Infantry Battalion at Brgy. Polangi, Calbiga, Samar.
Thus, we are
challenging the Armed Forces of the
Philippines
to observe and to religiously follow the due process that we all
adhere to, the due process provided for in our Constitution. Before
passing the question and before making allegations that their enemies
have violated the same, they must at least make it appear that they
are indeed following due process.
3. though killing is
against our laws, it is commendable for the New People’s Army to admit
that they had executed a person and for explaining why they committed
such deed. Looking at the other side, there were many cases of
extrajudicial killings obviously pointing to the elements of the
military but none of those were ever admitted by them. There were
about 863 cases of extrajudicial killings and none have been closed
because of the continued denial of the elements of the State. As what
Prof. Phillip Alston, UN Special Rapporteur on Extrajudicial Killings
have pointed out in his reports that “the military is in the state of
total denial”.
4. lastly, the
military never commented in their statement the alleged human rights
violations attributed to them by the Spokesperson of the National
Democratic Front: the abduction of Ina Gerellana and her family and
the abduction of Juliet Fernandez and Manuel Pajarito.
Considering the turn
of events in the past years, the records of human rights violations
all over the Philippines is worsening and escalating, it is but our
moral duty as a Human Rights Alliance to call for the resumption of
the peace talks between the Government of the Philippines and the
National Democratic Front so as to address this matter.
Reference:
Atty. Kathrina R. Castillo
Secretary-General
KATUNGOD-SB-KARAPATAN
