‘Ampatuan Massacre Should Be Brought Before International Courts, Tribunals’

The failure of investigators to secure the crime scene, the apparent contamination of forensic evidence, and the weak rebellion case filed against the perpetrators have led people to believe that there is a high probability that the Ampatuan clan would walk away with the murder of 57 people, even as the case has generated a strong international concern.

By JANESS ANN J. ELLAO
Bulatlat.com

MANILA — Even as the Arroyo government appears, at least on the surface, to be making up for its initial reluctance to hold the Ampatuan clan accountable for the November 23 massacre of 57 people, including 30 journalists, there is still a growing concern that the prosecution of Mayor Andal Ampatuan Jr. and his relatives allegedly responsible for the massacre would lead nowhere but to their eventual release and acquittal.

The failure of investigators to secure the crime scene, the apparent contamination of forensic evidence, and the weak rebellion case filed against the perpetrators have led people to believe that there is a high probability that the Ampatuan clan would walk away with the murder of 57 people, even as the case has generated a strong international concern.

From December 6 to 10, a group of international media organizations comprised of the International Federation of Journalists (IFJ), Southeast Asia Press Alliance, the New York-based Committee to Protect Journalists (CPJ), Indonesia’s Alliance of Independent Journalists, Australia’s Media Entertainment and Arts Alliance, Thai Journalists’ Association, International News Safety Institute, International Media Support, Institute for Studies on the FreeFlow of Information and Union Network International went to General Santos City in Mindanao to meet the families of the slain journalists and media workers. In various interviews, the families of the victims as well as members of the media expressed their concern that the investigation has been flawed from the very beginning.

“There are fears that the crime scene was compromised, that forensic evidence was contaminated and the physical examination of the area was cut short due to security concerns and resourcing issues,” the IFJ and the National Union of Journalists in the Philippines reported. They added that key players in the investigation including primary witnesses are in danger and some are demanding for increased protection during the investigation and trial.

A murder case has been filed against Ampatuan Jr. who, witnesses said, led the massacre. A rebellion case has also been filed against 24 people, to include seven members of the Ampatuan clan: Maguindanao Gov. Andal Ampataun Sr., Autonomous Region in Muslim Mindanao Gov. Zaldy Ampatuan, Maguindanao Vice Governor Akmad Tato Ampatuan, Shariff Aguak Mayor Anwar Ampatuan, acting Maguindanao Gov. Sajid Ampautan, Abdullah Kaliangat Ampatuan and Goldo Ampatuan, members of the Civilian Volunteer Organization, a paramilitary group.

According to Bayan Muna Rep. Neri Colmenares, the filing of a rebellion case against seven members of the Ampatuan clan is suspect as it is difficult to prove.

To aggravate the situation, President Gloria Macapagal-Arroyo imposed martial law in the province of Maguindanao, which was immediately opposed by various progressive organizations and even the participants of the recent international solidarity mission, as it would result in more human rights violations.

With the way the investigation and filing of cases is moving, Colmenares said, the probability is high that the members of the Ampatuan clan who are responsible for the massacre would be freed.

Roby Alampay, executive director of the Southeast Asia Press Alliance said, in a press conference on December 9, said the families of the victims are already considering all possible means, including bringing the case to international tribunals if the judicial processes in the country have already been exhausted.

To elevate a case to international courts, Colmenares said, it is not necessary to exhaust all venues for redress in the country. If there is strong evidence that the government is unwilling to prosecute the perpetrators to the fullest extent of the law and is, in fact, merely going through the motions of dispensing justice for the victims of the massacre or is aiding the perpetrators to get off the hook, the relatives of the victims and other concerned parties could already file a case before international tribunals and agencies.

Colmenares said there are already signs that the case should be brought before international tribunals. For one, rebellion, as stipulated in the Revised Penal Code, involves an armed uprising against the government. “But who would believe that they are rebels when the Ampatuans are actually allies of Arroyo?” he asked.

“Murder is easier to prove because there are 57 dead people. Graft and corruption is also easy to prove because I am sure that the funds used in buying the arms found in their possession and paying the salaries of their private army came from the government. Obstruction of justice can also be filed because their private army has been resisting arrest,” Colmenares said, “In fact, in this case, the easiest way to get a conviction is to file charges for illegal possession of firearms. You only have to ask two questions. First, are you armed? Second, do you have a permit?”

And yet, the present administration chose to file a rebellion charge against most of the suspects, which, according to Colmenares, is bailable. Worse, a person convicted of rebellion could apply for amnesty.

“They know that rebellion charges are difficult to prove. It is also the same reason why most political prisoners are charged with common crimes not rebellion,” Colmenares said.