Archives for 

extralegal killings



REF. Prof. Harry Roque 09175398096

(Prof Roque represented the deceased Nilo Baculio n procuring the first ever Writ of Amparo in favor of a journalist. The CA, however, did not issue inhis favor a writ of protection)


Nilo Baculio, a crusading journalist from Mindoro, was reportedly killed today at about 12 noon by two motorcycle men riding in tandem. He is the latest in the increasing number of journalists who are being killed with impunity because of the failure of he P Noy administration to investigate and punish the killers of journalists in this country.

But Nilo was not just another journalist killed. Prior to his killing, he was the first journalist for whom the Supreme Court issued a Writ of Amparo. Regrettably, when remanded to the Court of Appeals for determination of propriety of issuance of a protection order, the Court of Appeals denied his plea ruling that Nilo failed to prove the threat on his life .

His killing today is what happens when the Court errs in their appreciation of evidence.

Nilo in his application for protection order stated under oath that locally elected officials engaged in the illegal drug trade are out to kill him. The CA said this was not supported by evidence beyond the say so of Nilo. Granted that the CA’s decision was prior to the ruling of the Supreme Court in the Manado brothers case where the Court said that Amparo is proper in order to release a petitioner form the threat of fear form his life, the CA, in Baculios case, wanted evidence which oftentimes cannot be provided given the nature of threats against anyone: their verification is almost difficult if not possible.

In any case, the killing of Nilo Baculio should prompt our courts to be more circumspect in dismissing applications for protection orders. While a wrongfully issued writ will not hurt anyone, a person denied of the same could result in the death of the petitioner.

There is blood in the hands of the CA Justices who refused Nilo Baculio protection.

Top ten issues for human rights in 2012

imagesHere’s my choice for the top ten most important developments for Human Rights in the Philippines for 2012:
1. Passage of the Anti-Enforced Disappearance Law. Unfortunately, the passage of this law was overshadowed by the passage of the Reproductive Health Law. I say unfortunate because unlike the RH Law which in jurisprudence says is a penumbra of the due process clause, the crime of “desperacidos”, which unlike violations of international humanitarian law is not considered a crime under customary public international law.

This means that a domestic law is actually required to make enforced disappearances criminal. Now that we have this law, victims of desperacidos can actually file criminal charges for enforced disappearances without relying on kidnapping, if their loved ones survive; or murder, if their loved ones are found dead.

2. Passage of the Reproductive Health Law. The passage of this law has made jurisprudence on the right to privacy unnecessary. Prior to passage of the law, women’s rights advocates relied on the United Nations Convention on the Elimination of Discrimination Against Women in arguing that failure of the state to provide family planning implements to those who cannot afford them is a form of discrimination.

They also relied on the US Supreme Court decision that states that the right to limit one’s family size is covered by the right to privacy and is a “penumbra” of the due process clause. With this domestic law in place, it has now become the business of government to ensure that its citizens can freely choose the size of their families.

3. Passage of the Cybercrime Prevention Act of 2012. This is in the list not because it promotes and protects human rights, but precisely because it will violate them. Unless declared unconstitutional, libel in cyberspace, which has already been pronounced as infringing on freedom of expression by the United Nations Human Rights Committee, will be even more severely punished under the new law. All future convicts will be guaranteed time in jail as the new penalties for cyber libel make them no longer eligible for parole.

Furthermore, the law’s so-called “take-down” provision, which enables the Justice secretary to unilaterally shut down Web sites, will enable the state to act as investigator, prosecutor, judge and executioner. It’s not on top of the list because of the temporary restraining order issued by the
Supreme Court enjoining the law’s implementation.

4. The Philippines’ ratification of the Domestic Workers Convention. Our ratification of the convention literally enabled the treaty to come into effect. This is the first convention that seeks to standardize the terms and conditions of employment of an estimated 50 million to 100 million domestic workers worldwide.

Under this convention, domestic workers are entitled to protection available to other workers, including weekly days off, limits to hours of work, and minimum wage and social security coverage. The convention also obliges governments to protect domestic workers from violence and abuse, and to prevent child labor in domestic work.

This will benefit at least 2 million domestic helpers locally, and millions more overseas. A domestic law that seeks to implement this convention was also passed by Congress this 2012.

5. The Philippines’ ratification of the Optional Protocol to the Convention Against Torture. This will enable private individuals now to submit their individual communications to the Committee Against Torture whenever they feel that the country has failed to protect and promote the absolute prohibition on torture. We are the first Southeast Asian country to have ratified this optional protocol.

6. The periodic review of the Philippines in the Human Rights Council. Done once every four years, it is described by the UN High Commissioner as such: “The [Universal Periodic Review] is a state-driven process, under the auspices of the Human Rights Council, which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfill their human rights obligations. As one of the main features of the Council, the UPR is designed to ensure equal treatment for every country when their human rights situations are assessed.”

In its concluding observations, the Human Rights Council highlighted the need for the Philippines to take action against those who perpetrate violations to the right to life as evidenced by the high number of extralegal killings and enforced disappearances.

7. The periodic review of the Philippines in the UN Human Rights Committee. Also conducted every four years, this periodic review aims to “promote state compliance with the treaty principles and it should be an “honest appraisal of their conformity to the treaty obligations.” It is also a venue where state parties to the International Covenant on Civil and Political Rights report on “the measures [that the State has] adopted which give effect to the rights recognized” under the Covenant. In its concluding observations, the Committee asked the Philippine government to ensure
the binding and self-executory nature of the ICCPR and to inter-alia, also address the issues of libel as an infringement of freedom of expression, reparations of victims of trafficking, and also to end
impunity for those behind extralegal killings and enforced disappearances.

8. Five media killings in 2012. This highlights that impunity, particularly against media practitioners, continues.

9. Four victims of enforced disappearances. This highlights the need to implement the new anti-enforced disappearance law.

10. Failure of the Aquino administration to adopt human rights agenda. This last item highlights that while it has supported crucial legislation to protect and promote human rights, the absence of a national human rights agenda is proof that human rights is not a priority.

Awed during the second national IHL summit

222276_10151375614154289_227657715_n(I delivered the keynote address entitled “In Awe” during the Second International Humanitarian Law Summit at Malacañang yesterday. I am publishing here excerpts of my address where I explained why I was “in awe”.)

I am awed because not too long ago, civil society — which I belong to, was excluded in the task of disseminating and ensuring compliance with our state obligations under IHL. We do not know exactly why the past GMA administration opted to expel civil society from the National IHL Committee. x x x Whatever the real reasons may have been, what we are certain is that the administration that banned us was the same administration that showered adulation on a war criminal, the Butcher Jovito Palparan who today, has gone on “voluntary disappearance and is now a fugitive from justice. What we also know is the same administration that banned us was the same regime that UN Special Rapporteur Philip Alston condemned for its gross breaches of human
rights law. Specifically, Alston, whom a former Secretary of Justice has referred as a “muchacho” of the UN, confirmed that extralegal killings, even if it is still unsure how many there have been, are
evidence that the Philippines is in breach of its obligation to protect and promote the right to

I therefore stand before you today as a member of civil society- triumphant- that in an administration that has received a genuine mandate to govern, we are recognized anew as an invaluable partner of the state in the discharge of its obligations under International Law.

I am awed, too, at how a few years can indeed make the difference.

In 2009, Congress enacted RA 9851 that defined war crimes, crimes against humanity and genocide as being criminal. Furthermore, it is a law that codified the applicability of the exercise of universal
jurisdiction for these crimes, the fact that these prosecutions are not subject to prescription, and the fact that the defense of sovereign immunity, including that of a sitting President, may no longer be invoked as a defense for the prosecution of these crimes. xxx

Almost immediately after assuming office, PNoy did what we all thought would talk two lifetimes to realize: he sent the Rome Statute of the International Criminal Court for concurrence of the Senate, paving the way for our membership to the International Criminal Court. Our membership to the ICC is without a doubt a signal to one and all that the Philippines will no longer allow impunity to persist.

The Philippines further ratified and became a party to the 1977 First Additional Protocol to the Geneva Convention and the Optional Protocol to the Torture Convention. Under the additional protocol, the Philippines now ranks as amongst the countries that have undertaken to insulate civilian populations from the adverse consequences of war. Our ratification of the Optional protocol to the Torture Convention, in turn, had the effect of recognizing the jurisdiction of the Torture Committee, the treaty monitoring body for the Convention Against Torture, and will enable our nationals to file individual complaints with the said Committee when they feel that their rights, as provided in the Convention, are not being promoted and promoted by our government.

Finally, in recognition that enforced disappearance is the ultimate form of torture for its victims – who do not know if they should weep for the loss of their loved ones or still hope that they will be
found — Congress has passed its final version of the anti-enforced disappearance law…This promises to be the first law of its act in the whole of Asia. I am confident that the President will either sign it into law or will allow it to lapse into one.

I stand today before you also in awe with the tremendous challenges ahead of us …our burden to discharge our obligations under the aut dedere aut judicare principle, or that states must investigate and punish those who commit international crimes, can only be discharged if our domestic legal system is able to investigate, prosecute and punish those who will commit war crimes and crimes against humanity.

Already, our experience with the prosecutions of ordinary murders,such as the Ampatuan massacre case, the Doc Gerry Ortega case, the Binayug torture case and the unresolved enforced disappearances of Jonas Burgos, the three Islamic scholars who disappeared in the sterile premises of Terminal 3 of the Naia in January of this year, and even the disappearance of prominent lawyer, Atty. Frank “Joe” Zulueta, underscore a tremendous structural challenge now facing us. And while
we acknowledge that the destruction of our criminal justice system was the handiwork of the past dispensation, the task of governance demand that it is this administration that should now rebuild these damaged institutions.

Let us now build the capacity of the PNP to utilize forensic evidence rather than rely on testimonial evidence. The latter is oftentimes cheap or readily available through resort to torture. Let us demand from the National Prosecution Service a better conviction rate- definitely better than its current 1 percent conviction rate for cases involving extralegal killings as reported in the Pareno report commissioned by the Asia Foundation.

Let us dialogue with the Judiciary and discuss if we should instead adopt the inquisitorial system where it is the judge that gathers the evidence in the resolution of a judicial dispute rather than the current adversarial system where the judge is a passive recipient of evidence adduced by the parties.

Perhaps, the ultimate challenge is to aim for the time when IHL becomes a purely academic field of study in this country. This will only happen when we have achieved a lasting and just peace, when armed conflicts remain part of our history, but no longer a part of and not our daily lives. In sa Allah.

A band-aid solution to gangrene

The country’s failure to protect and promote the right to life has taken center stage anew. On the eve of the third anniversary of the Ampatuan massacre, President Benigno Aquino III signed Administrative Order No. 35 creating a super-body headed by Justice Secretary Leila De Lima. The body would lead the effort to investigate and […] More →


  NOY’S HUMAN RIGHTS RECORD Geneva, Switzerland. The Philippines will be the object of the Universal Periodic Review (UPR) in May of this year by the United Nations Human Rights Council. The Council is a body composed of 47 states tasked with the protection and promotion of human rights. The Council seeks to achieve its […] More →

Pray for you lives and be safe

The recent death and burning of used car dealers Emerson Lozano and Venzon Evangelista highlight anew President Noynoy Aquino’s most pressing challenge: the restoration of the rule of law. I have said it before and will say it again: these killings are happening because of a lack of political will to make the criminal justice […] More →

The First Aquino SONA

I’m happy that two of my most important advocacies, the investigation and prosecution of extralegal killings and the reform of the Witness Protection Program, figured in President Noynoy Aquino’s first State-of-the-Nation Address. While I would have preferred an express mention of the Maguindanao massacre in the first Sona since the massacre took place, and specific […] More →