On the crimes-against-humanity charge
‘GMA Can Be Impeached’ – Lawyers, Victims

Lawyers and victims of human rights violations are optimistic that Pres. Gloria Macapagal-Arroyo will be impeached.  They said that they have strong evidences to prove that she committed crimes against humanity thereby constituting a betrayal of public trust.

BY AUBREY SC MAKILAN
Bulatlat

READY TO FILE. Lawyers, mass leaders and personalities prepare the second impeachment complaint against Pres. Arroyo.                         PHOTO BY AUBREY SC MAKILAN

Lawyers and victims of human rights violations are optimistic that Pres. Gloria Macapagal-Arroyo will be impeached.  They said that they have strong evidences to prove that she committed crimes against humanity, thereby constituting a betrayal of public trust. Crimes against humanity In a new impeachment complaint, called “Citizen’s Impeachment Complaint,” to be filed against President Gloria Macapagal-Arroyo on June 26, she is charged with (a) culpable violation of the Constitution; (b) betrayal of public trust; (c) bribery; (d) graft and corruption; and (e) other high crimes.

Under the charge of betrayal of public trust, President Arroyo is being accused of committing crimes against humanity. In the summary of the impeachment complaint given to reporters, it read, “She abetted, if not encouraged, the systematic and widespread killings of political dissidents and journalists to silence criticisms lodged against her and to continue her illegitimate hold on power.”

Under international law, a crime against humanity refers to acts of murderous persecution against a body of people as being the criminal offence above all others. Scholars of international law broadly define crimes against humanity as acts so grave, on a scale so large, that their very execution diminishes the human race as a whole.

In 2002, the International Criminal Court (ICC) was established by the Rome Statute of the International Criminal Court (or simply called Rome Statute) in The Hague, Netherlands, following the principle of universal jurisdiction. The Rome Statute provides for the ICC to have jurisdiction over genocide, crimes against humanity and war crimes.

The Rome Statute describes "crime against humanity" as acts committed as part of a “widespread or systematic” attack directed against any civilian population. Attacks include murder, extermination, enslavement, deportation or forcible transfer of population, imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; torture, rape, and other inhumane acts of similar character.

In an interview with Bulatlat, lawyer Neri Colmenares, a volunteer lawyer for the impeachment complaint against the President, said that in this case, there are “widespread and systematic” killings and other human rights violations and that the “state has culpability” on those cases. He said that the killings are “widespread” as shown in the scope of the killings that are happening nationwide while the fact that there is a state policy to commit those violations reveals its “systematic” character.

Evidences

To support the charge, direct and circumstantial evidences were gathered.

Colmenares said that direct evidences are strong enough to prove that military and police forces committed these “widespread and systematic” killings.

As direct evidences, they will present witnesses, affidavits, and documents pointing to the military and other state agents as the perpetrators.

He cited the abduction of Patricio Abalos in Catbalogan, Samar on April 2, 2005 and the killings of couple Expedito and Manuela Albarillo in Oriental Mindoro on April 8, 2002. In both cases, he said, witnesses have identified men in uniform as the perpetrators.

Circumstantial evidences were also gathered to corroborate other evidences, he said.

“Hindi porke circumstantial wala nang bearing sa korte,” he said. “Maraming nako-convict dahil sa circumstantial evidence basta nagko-corroborate kung marami.” (Even if the evidence is circumstantial it does not mean that it has no bearing in courts.  A lot of people were convicted based on circumstantial evidences for as long as it is corroborated by many other evidences.)

Colmenares said that they have established five parts in the pattern of killings that allegedly show that “the military and the government are usually the perpetrators or at least are engaged in this act.” These are (1) public vilification; (2) increased surveillance; (3) impunity of the attack; (4) complete lack of interest to investigate; and (5) failure to condemn such acts.

Arman Albarillo, son of Expedito, said his father’s case is a perfect example of this pattern.

Arman told Bulatlat that his father was tagged as a communist and supporter of the New People’ Army (NPA). He was even called “Kumander Expede” by the military. His father was subjected to surveillance. During village meetings organized by the military, soldiers would threaten to kill his father. Arman also said that the harassment by the military started when his father, who served as a village councilor, opposed mining operations in their province.

Arman added that until now, there has been no progress in his father’s case and it was not even condemned by the president.

The only difference between his father’s case and the other killings, he added, is that the killers of his father were a group of soldiers while the other killings were committed by assassins riding motorcycles.

Colmenares said other supplemental information strengthening their circumstantial evidences include the power point presentation “Knowing the Enemy,” which identified legal organizations as communist fronts, the promotion of officials implicated in the killings, and the fact that the killings were done mostly in broad daylight and near military and police checkpoints and detachments.

He also said that creation of a task force, such as Task Force Usig, to investigate the killings “does not mean anything.”

“In fact, it meant to dilute the investigation,” he said.  Colmenares said that these task forces were formed to lead the public into thinking that investigations are being conducted but actually these were not.  He cited cases since 2001 with no leads or suspects.

“Based on these evidences, we believe we can pin her down,” Colmenares said.

He added that the chance of success of the new complaint is bigger as they have gathered so many evidences and supporting documents to back their charges. These include Supreme Court decisions declaring some of the president’s issuances, like Presidential Proclamation 1017, Calibrated Preemptive Response (CPR), and Executive Order 464, as unconstitutional. The summary of the complaint stated that these issuances, among other “dictatorial powers,” were exercised by the president allegedly “to silence, if not stifle, political dissent arising from her illegitimate presidency.”

Direct link

Although no direct link would immediately point to the president as the “mastermind” of the crimes, Arman said it nonetheless does not acquit her.

“Kung wala siyang direct na utos, wala rin siyang direct na pagkondena at ginawa para pigilan ang mga pagpatay,” he said, “Therefore, wala siyang ginagawa at alam n’ya ang nangyari bilang commander in chief.” (Even if she did not issue a direct order, she also did not do anything to condemn or put a stop to the killings. Therefore, she has done nothing and knows what is happening as commander-in-chief.)

He added that the president is responsible for allegedly using the military to carry out the crimes. “Si (Maj. Gen. Jovito) Palaparan lang ang pinakaberdugo, pero marami pang iba (opisyal ang sangkot) dahil nationwide ang pagpatay,”(Palparan is the worst, but there are still others since the killings are nationwide.) said Arman

Arman, secretary-general of Bagong Alyansang Makabayan-Southern Tagalog (Bayan-ST or New Patriotic Alliance), said that he too is a target of the military. He cited a military declaration, “uubusin hanggang sa huling patak ng Albarillo.” (We will finish off the last of the Albarillos.)

Arman and other relatives have left Mindoro in 2002. His last visit was in 2003 when a television crew requested him for a location shoot in his hometown.

If Macapagal-Arroyo will be found guilty of this charge, Colmenares said, she will be in the company of world leaders and personalities like Yugoslav president Slobodan Milosevic and Japanese general Tomoyuki Yamashita.

Nuremberg war trials convicted some Germans officers for their crimes in World War II.  It also convicted Milosovic for crimes against peace. Yamashita was charged with “unlawfully disregarding and failing to discharge his duty as commander to control the acts of members of his command by permitting them to commit war crimes” and was tried before a United States Military Commission. Bulatlat

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