“Some of them are labeled as ‘enemy of the state’, especially lawyers who represent clients who are accused of being a supporter or a member of the New People’s Army (NPA). As a result of this, lawyers and judges are still hampered in carrying out their legal profession,” the international mission said.
“In general, there does not seem to be any sense of urgency amongst the Philippine authorities to see that justice is done and to see that the lives and independence of lawyers and judges involved are protected,” said the mission.
Command Responsibility, Writ of Amparo
The international mission said that, to gain credibility, Philippine authorities must investigate accusations of killings perpetrated by state agents. It noted, however, that the government has not followed the Melo Commission’s recommendation to propose legislation on command responsibility.
In its findings, the Melo Commission recommended that some senior military officers be held responsible for their failure to prevent, punish or condemn the killings. In the Philippines, however, according to the ruling opinion, the principle of command responsibility cannot be used in criminal cases.
The international mission praised the Supreme Court for playing an active role in addressing the issue of extrajudicial killings and enforced disappearances, citing the introduction of the writ of amparo as its most important initiative. The writ allows courts to order the temporary protection, inspection and production of documents in cases where an individual’s life, liberty or security has been violated or is under threat.
The international mission noted, however, the need for further development in the implementation and enforcement of the writ to make it more effective. (Bulatlat.com)
