UN Castigates Philippine Gov’t on Marcellana-Gumanoy Case

The 12-page UN Human Rights Committee’s decision was released on October 30 during its 94th session held at the UN headquarters in Geneva, Switzerland.

The official communication tabbed as CCPR/C/94/1560/2007 and dated 11 November 2008 was received by Karapatan November 21.

Justice

In an interview, Helen Mercado-Macalalad, older sister of Marcellana, said, “Sa tinagal-tagal simula nang pinatay siya, nagkakaroon na ng katarungan.” (After a long while since she was killed, justice is slowly being realized.)

Macalalad expressed frustration over the dismissal of the murder charges filed against the perpetrators in local courts. “Naaabala kami sa mga hearings, wala naming naging resulta.” (We religiously attended the hearings and got no results.) “Nakakapanghina ng loob,” (We were losing hope then.) she recalled.

She said that Palparan, the alleged mastermind of the killings, even attended the hearings.

Marie Hilao-Enriquez, Karapatan secretary general said, “Mabuti pa ang UN, nagkaroon na ng desisyon. Dito sa atin, walang remedyo.” (It is good that the UN decided on the case. Here there are no remedies available for the victims and their families.)

Enriquez said Karapatan, together with the families, exhausted all possible remedies. “Remedies available turned out to be ineffective,” she said.

Macalalad said she hopes the perpetrators will receive punishment. She said she believes Palparan has a hand in the killings. “Malakas ang ebidensya [laban kay Palparan.]” (The evidence against Palparan is strong.)

The Committee said that the Philippine government “is under an obligation to provide the authors [complainants] with an effective remedy, including initiation and pursuit of criminal proceedings to establish responsibility for the kidnapping and death of the victims.”

Macalalad said their parents Isidro and Menecia Mercado would welcome the news. She has yet to inform them of the UN findings when she gets back to Quezon province.

She added though, “Hindi rin lubos ang kasiyahan. Kahit bayaran pa kami ng milyon, di na siya [Eden] maibabalik pa.” (Our happiness is not complete. Even if they pay us millions of pesos, they can never bring her back to us alive.)

The Philippine government, said the Committee, must also provide the complainants appropriate compensation.

Twelve-year-old Dana, daughter of Marcellana, said she is happy about the decision. She was only seven when her mother was killed.

But when asked about their reaction when Mrs. Gloria Macapagal-Arroyo praised Palparan during her State of the Nation Address (SONA) in 2006, Dana said, “Si Palparan daw ang nagbibigay ng kapayapaan samantalang sila ang gumagawa ng mga pagpatay.” (Palparan was said to bring peace while in reality, they are the ones who do the killings.)

Macalalad said Orly Marcellana, husband of Eden, already received the good news. She said he is happy.

The Committee asked the Philippine government to submit, within 180 days, information about the measures taken to give effect to the Committee’s views.

The Committee said the Philippine government should also ‘take measures to ensure that such violations do not recur in the future.’

Enriquez said the UN’s decision is a clear indictment of the Arroyo government. “It’s a shame that the Philippine government is a party to the ICCPR and has been found to be violating it.”

She added, “There is a basis to prosecute the criminals. The government must fulfill its obligations.”

Enriquez also said the UN decision would contribute to the wealth of evidence on human rights violations alleged in the impeachment complaint against Arroyo.”(Bulatlat.com)