Bulatlat - The Philippines's alternative weekly newsmagazine

This story was taken from Bulatlat, the Philippines's alternative weekly newsmagazine (www.bulatlat.com, www.bulatlat.net, www.bulatlat.org).
Vol. VI, No. 51, Jan. 28-Feb. 3, 2007

Dutch Lawyers Ask Arroyo to Form New Probe Body

A group of Dutch lawyers is urging President Gloria Macapagal-Arroyo to form another investigative body that would look into the extra-judicial killings of activists, including lawyers and judges in the Philippines. The Melo Commission, they said, “lacks the powers, independence and credibility necessary to do its work effectively.”

BY BULATLAT

In an open letter to Mrs. Arroyo on Jan. 26, the Netherlands-based Lawyers for Lawyers Foundation said the Melo Commission, formed last August by the President to investigate the killings of activists and journalists, “lacks the powers, independence and credibility necessary to do its work effectively.”

The letter was signed by Judith Lichtenberg, executive director, of the Foundation.

The Dutch foundation also expressed its concern over President Arroyo’s failure to address the killings of lawyers and judges in the country, saying the resulting “culture of impunity” brings to question whether the Philippine situation “can still be considered a democracy based on the rule of law.”

“Lawyers for Lawyers considers it unacceptable that your government has failed to address the extra-judicial killings and the wave of violence,” the letter said. Quoting the results of the international fact-finding mission of lawyers and judges in June 2006, the group urged Arroyo “to leave no stone unturned in investigating the serious allegations that its own security forces are involved in the killings and to constitute and fully support an independent body, not controlled by the government, to investigate the killings, threats and harassment.

It cited the recent killing of Judge Nathaniel Pattugalan who was shot dead by motorcycle-riding men on Jan. 19, and the ambush-killings in late 2006 of human rights lawyers Gil Gojol on Dec. 12, Froiland Siobal on Nov. 19 and Leonito Tapel on Dec. 2.

To date, no perpetrator has been arrested in connection with the killings particularly of lawyers and judges. The group said the two government-formed investigative bodies, the Melo Commission and Task Force Usig of the Philippine National Police, have failed to show independence and credibility, especially among human rights organizations and civil society.

The Melo body, which is headed by former Supreme Court Associate Justice Jose Melo, finished its work in December last year and was expected to report its finding to Mrs. Arroyo in the first week of January this year. So far, however, its findings have not been made public.

PNP reports

Instead of relying on its own investigation, the Commission has relied mainly on the reports of Task Force Usig which, the Foundation said, “has not proven to be an independent body: It is chaired by the PNP which has a poor record as far as the effective investigation of the killings is concerned and which is mistrusted by the Philippine people.”

The Philippine government has the legal and moral obligation to treat the families of the victims humanely and to institute effective witness protection mechanisms. The Melo Commission, however, has no power to ensure that witnesses are protected, the Foundation further said. The Commission cannot convince witnesses and victims’ families to testify “out of fear for retaliation of the military and the police,” it added.

It is disappointing, the Foundation said, that the Arroyo government has not adequately taken into account the guidelines and principles that Amnesty International believes would “help ensure the credibility and effectiveness of its [the Melo Commission] efforts and recommendations”. These guidelines and principles are based on UN Principles and a memorandum containing them was handed to Mrs. Arroyo on Sept. 14, 2006.

The lawyers’ group urged the President to implement UN resolutions such as the Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions and the 1985 Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.

The Lawyers for Lawyers was part of a fact-finding mission that visited the country in June 2006 after the killings of four lawyers, and continued harassment on others. The mission reported that most of the lawyer victims were handling human rights-related cases, and some had been labeled as “enemies of the state.” Bulatlat

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