ASIAN HUMAN RIGHTS COMMISSION HAS SENT US THE FOLLOWING REPORT:
PHILIPPINES: Rotten criminal justice system victimizes every
Filipino, new report says
(Hong Kong, March 10, 2007) The Asian Legal Resource Centre (ALRC)
launched on Friday a new report describing how the rotten criminal
justice system in the Philippines fails to deliver justice to its
people and contributes to the widespread human rights violations in
the country.
The 192-page report, "The criminal justice system of the Philippines
is rotten", describes how the police and courts fail to investigate
and solve various human rights violations because of the lack of
sincerity, despite well-established institutions on papers. It calls
for the government to reform the criminal justice system and fulfil
the promises it made to the Filipinos in the laws.
"The Philippines has one of the best constitutions, but the criminal
justice system is subverted," Basil Fernando, executive director of
the Hong Kong-based regional rights group, said on the report's
release.
"Not only activists are targeted, common people also suffer. The
entire people of the Philippines are targeted under this rotten
system. Even in a case of common murder, it is unlikely that any
investigation or prosecution is carried out," Fernando said.
Professor Michael Davis from the Chinese University of Hong Kong
said, “institutions alone are not enough, political will is
needed for human rights protection, that is what the Philippines
lacks."
The report contains 110 cases of killing, torture disappearance,
abduction, illegal arrest and intimidation, which the Asian Human
Rights Commission, the sister organization of ALRC, documented since
2004. Among the cases, 81 of them related to killing, but none of
them has been solved so far.
The killing of Bishop Ramento of the Philippine Independent Church is
among them. He had actively campaigned to stop extra-judicial
killings. He was killed in last October in his parish, after
receiving numerous death threats.
Aldos Ramento, son of Bishop Ramento, spoke about his father's death.
"The issue right now about my father's case is that they (the police)
do not consider it as extra-judicial killing, but claim it is a plain
robbery and homicide," said Ramento.
"My family and church members do not believe such claim, we believe
it is just a cover-up,” Ramento added. He also provided details
of irregularities in investigation of the case.
The ALRC report analyses why the criminal justice system in the
Philippines fails to function. It identifies as including
“command irresponsibility”, the non-existent witness
protection programme, the bias of state officers towards victims and
their families, and the irregularities in investigation and
prosecution .
"An effective criminal justice system is a basic element of
democracy. However, there is a virtual impunity in the Philippines
now with the collapse of law enforcement," Fernando added.
The report introduce a list of recommendations, calling for the set
up of an independent commission to review the criminal justice
system, implementation of the witness and victim protection scheme,
strengthening investigation agencies handling complaints against
military and police.
"The military should be held responsible what they do, the government
has responsibility under international human rights law to do so,"
Davis added.
The ALRC is distributing copies of the report very widely, including
different organizations in the Philippines and abroad.
"By exposing the crisis in the country, we hope the report will serve
as a starting point for new thinking and discussions in the civil
society and international community on the rotten criminal justice
system in the Philippines," Fernando added.
It is the first lengthy report exclusively on the Philippines
published by the ALRC.
The report, which is published as the February edition of the
organisation's bimonthly periodical, article 2, is available online
at:
http://www.article2.org.
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About ALRC: The Asian Legal Resource Centre is an independent
regional non-governmental organisation holding general consultative
status with the Economic and Social Council of the United Nations. It
is the sister organisation of the Asian Human Rights Commission. The
Hong Kong-based group seeks to strengthen and encourage positive
action on legal and human rights issues at local and national levels
throughout Asia.