CHR clears Palparan -dakung sagpa sa mga leftists

[budmendz]

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CHR clears Palparan on CL slays

By KATHERINE ADRANEDA

The Philippine Star

There is no evidence linking retired Maj. Gen. Jovito Palparan to human rights violations in Central Luzon and the charges against him should be dismissed, a Commission on Human Rights official said Tuesday.

However, Eligio Mallari, CHR officer-in-charge for Central Luzon, Calabarzon, Mimaropa Region and the Bicol Region, recommended the filing of charges against a certain 1st Lt. Elmer Taglinawan because a witness has "positively identified him."

Mallari recommended the dismissal of charges against Palparan before the CHR, saying there was no direct evidence that would pin the general on human rights violations in Central Luzon.

Militants have tagged Palparan as "the butcher," citing the proliferation of different cases of human rights abuse in towns and provinces where he was once assigned.

"There is no direct (evidence) pinpointing (to) Palparan as the one responsible for the killings and other human rights violations (in Central Luzon)," he said.

"The bonnet and fatigue (allegedly worn by the suspects as claimed by the witnesses) won’t prove that the military did it. Or even if the suspects were indeed members of the military, it still has no direct evidence that Palparan ordered (the killings or commission of human rights violations)."

Mallari also recommended to the CHR en banc the dismissal of the case filed against a certain M/Sgt. Rizal Hilario.

Mallari, head of the CHR Protection Group, including the CHR Legal and Investigation Office, expressed confidence that the CHR en banc "will not dispute" his 20-page report, asserting that his findings were based on "concrete evidence".

Palparan is accused of various human rights violations in Central Luzon, including killings and enforced disappearances, allegedly perpetrated when he was commander of the Army’s 7th Infantry Division based in Laur, Nueva Ecija.

Palparan was assigned to the 2nd Infantry Division (ID) based in Mindoro, and to the 8th ID in Samar before being transferred to Central Luzon.

Before retiring on Sept. 11, 2006, Palparan served as 7th ID commander.

Based on records of the human rights group Karapatan, there have been 142 cases of unexplained killings in Central Luzon since President Arroyo assumed office in 2001.

This figure is the second highest among regions nationwide, next only to Calabarzon, which had a total of 152 cases of political killings.

To date, Karapatan said it has documented at least 830 cases of killings since 2001.


It has been everybody's knowledge that in general the Commission on Human Rights is more sympathetic to the leftists than the military. Pirme lang gilat-an ug maayo sa CHR ang military kung dunay investigations that involve human rights abuses. Now the story is suddenly different. And it's not so surprising that the leftists if CHR favors them, up to the heavens are the songs of praise. Karon nala-in ang na ang istorya kay ila nang gilabhan ang CHR. Karon lain na WA NAY HINUNGDAN ANG CHR. See below the reaction of one of these groups.


Party-list group slams Commission on Human Rights report

By Erwin Oliva
INQUIRER.net
Last updated 01:16pm (Mla time) 03/21/2007

MANILA, Philippines -- The Commission on Human Rights’ recommendation to clear a retired military officer who has been linked to the spate of extrajudicial killings in Central Luzon was “hogwash,” a party-list lawmaker said Wednesday.

Anakpawis Representative Rafael Mariano issued the statement Wednesday after a fact-finding team, led by CHR Commissioner Eligio Mallari, said it found no evidence against Major General Jovito Palparan whom militants have called “the butcher” for his alleged role in the murders of Left-leaning activists.

“Mallari’s report and recommendation for dismissal of the case against ‘the butcher’ smacks of cowardice and failure of the CHR to uphold and assert human rights,” Mariano said.

Before the CHR report, Professor Philip Alston, United Nations special rapporteur, and earlier still the Melo Commission, a Malacañang-backed fact-finding body, headed by retired Associate Justice Jose Melo, had held Palparan and other military officers responsible for the killings.

“In the light of United Nations’ Special Rapporteur Professor Philip Alston and the Melo commission’s pronouncement holding Palparan responsible for the political killings, Mallari’s findings is highly unacceptable to the victims,” Mariano said.

The Mallari report also cleared the 7th Infantry Division, headed by Palparan, from any wrongdoing, adding that command responsibility “is not a subject matter under the criminal law.”

Mariano stressed that Mallari's report was “nothing but hogwash.”

Mariano warned the CHR against “upholding the Mallari fact-finding team’s findings.”

“[This] will make the CHR guilty of allowing itself to be used by the Arroyo government in its desperate attempt to cover up Palparan and the military’s crimes against the people,” he said.

He urged the CHR to reject the Mallari report.

“It appears that the fact-finding team limited the scope of its probe on so-called criminal law. In fact, the country’s criminal law is an inadequate instrument for dealing with extrajudicial killings,” Mariano said.

“Using criminal law only degrades the victims as well as the gravity of the crimes as if these were ordinary murders and ignores the involvement of the State,” he said.


What I'm afraid of is when Satur losses his petition before the SC and rules out that the warrant of arrest is valid. Abot sa langit cguro panunglo ning mga militante batok sa Supreme Court. Maayo ra ba kaayo na silang nakadayeg sa Supreme Court everytime mapilde ang gobierno nila sa SC rulings. Likewise, karon ang CHR nga dapig kaayo nila ug buot hunahuna-on gisugdan na ug saway. And they all will have the same accusations- TUTA NI GLORIA ANG SUPREME COURT UG CHR. This will be there next battle cry.

[salbahis]

nothing's new on those neps!, basta pildi gani sila magsamoksamok dayon!, they always shouted justice yet themselves are in-justice!!!

[duke pikaso]

PRESS RELEASE
Information Bureau
Communist Party of the Philippines

Outlawing CPP futile against NPA but treacherous to activists—CPP
March 17, 2007

The Communist Party of the Philippines (CPP) scorned Armed Forces chief Gen. Hermogenes Esperon and National Security Adviser Norberto Gonzales' call to have the CPP outlawed again saying this will only result in worsening military abuses and suppression of human rights.

CPP spokesperson Gregorio "Ka Roger" Rosal said "Gonzales and Esperon know fully well that the legal reproscription of the CPP will have, in fact, very little effect on the de facto illegal status of the CPP, nor will it stop the growth of the New People's Army and the advance of the people's war."

Rosal pointed out that despite the repeal of the 1947 Anti-Subversion Law which criminalizes membership in the CPP, members of the CPP continue to be persecuted and are usually charged with ordinary crimes.

"The real objective of their call to reproscribe the CPP is to legitimize their current plan of targeting and setting up legal progressive parties, organizations and individuals for intensified military attacks and fascist suppression by merely tagging these as 'communist front-organizations", Rosal said.

Rosal said such a measure "will only embolden and license Arroyo's armed forces, police, security forces and death squads to launch more fascist attacks and repressive measures as well as 'legal offensives' against the progressive organizations, parties and leaders in the name of suppressing the CPP."

Speaking before journalists, General Esperon said yesterday that "If I had my way, I would want to arrest all these suspects, but no, we have to file the appropriate cases, we need warrants of arrest." He said proscribing the CPP as a terrorist organization can be done through the Anti-Terror Law or Human Security Act which will take effect starting July this year.

"Such statements of the chief-of-staff bare the armed forces' brazen fascist contempt for already tenuous legal procedures that provide for the legitimate existence and exercise of rights of progressive parties and organizations," said Rosal.

"Obviously behind the Arroyo regime's plan to proscribe the CPP and NPA, is its objective of consequently proscribing legal progressive parties and organizations which Arroyo and her officials insist on tagging as 'communist-front organizations' and 'enemies of the state'," Rosal said. "Outlawing the CPP will only be used by the Arroyo regime as justification in having the leaders of members of progressive parties and organizations arrested and charged as CPP members and as "terrorists'," said Rosal.

"Expect that as soon as the Anti-Terrorist Act takes effect in July, aside from proscribing the CPP and proceeding to attempt at the proscription as well of progressive forces, the Arroyo regime will commit more abuses of human rights and violations of civil liberties in its desperation to stiffle resistance to its rotten and brutal rule and preserve itself in power," added Rosal.

Reference:
Marco Valbuena
Media Officer
Cellphone Numbers: 09179776392 :: 09282242061
E-mail:cppmedia@gmail.com

[budmendz]

^^^ There is no need to resurrect the Anti-Subversion Law. It's a waste of time. After the election, the best the government can do is to declare them terrorists and that is legal. The CPP could become a movement of terrorists and certainly Rosal will be one of them. See the comments of Senator Santiago below.


DOJ asks: Did Satur avail himself of Aquino amnesty?
By Mike Frialde
The Philippine Star 03/22/2007

Justice Secretary Raul Gonzalez yesterday called on Bayan Muna Rep. Satur Ocampo to inform the government whether he had availed himself of the amnesty given by President Corazon Aquino to political prisoners in 1986.

Speaking to reporters, Gonzalez said if the lawmaker could prove that he had applied for amnesty during the Aquino administration and had accepted it, then he can now claim to be covered by the amnesty.

"You have to accept it (amnesty)," he said.

"You must make a formal acceptance that the invocation of amnesty is in the nature of a plea of confession and avoidance which means that he admits (to) the allegations against him.

"I doubt if he can claim amnesty because to be benefited by amnesty you must accept it. If the President grants amnesty you must apply and accept the amnesty because if you would not acknowledge the crime you cannot benefit from amnesty."

In 1986, Aquino had granted "full and complete amnesty in favor of all persons who have or may have committed any act penalized under existing laws in furtherance of their political beliefs."

At the Manila police headquarters on United Nations Avenue, supporters of Ocampo have vowed to keep vigil until he is released.

Some 200 Bayan Muna members from Southern Luzon who marched to police headquarters yesterday afternoon were met by a phalanx of anti-riot policemen.

Superintendent Che Guevarra, Manila police general assignments section chief, gave the rallyists several minutes to hold their program on UN Avenue fronting the police headquarters.

Heavy traffic built up along UN Avenue, while the militants took turns assailing the police, military and the Arroyo administration.

Media men were prohibited from interviewing the detained lawmaker.


Ocampo, a terrorist?


On the other hand, Sen. Miriam Defensor-Santiago said yesterday Ocampo can be charged with terrorism under a new law, the Human Security Act, despite the amnesty granted to communist rebels by Aquino.

"The amnesty applied only to political offenders, but today, a terrorist is no longer considered a political offender," she said.

Santiago said Aquino’s 1986 amnesty proclamation applied only to "any act penalized under existing laws in furtherance of their political beliefs."

"When Ocampo escaped from jail in May of 1985, terrorism under international law was already defined as any activity that involved a violent act dangerous to human life that is also a violation of the Philippine criminal law," she said.

Santiago said a political offense would be one committed in the course of, and incidental to, a violent political disturbance, such as war, revolution and rebellion.

"A political offense is any crime directly against the government, for example, treason and sedition," she said.

"Under jurisprudence, an offense does not have a political character, simply because it is politically motivated. While the defense will argue that Satur is a political offender, the military will argue that he is a terrorist who does not fall under any amnesty proclamation."

Also, since the military discovered the Leyte mass grave only in August last year, the 20-year period for filing the murder cases had not yet prescribed, Santiago said.

On the other hand, Senators Manuel Roxas II and Rodolfo Biazon said Ocampo’s human rights must be protected by the government.

Roxas said the apparent mishandling of Ocampo only highlighted bad governance in the area of human rights protection.

"It’s clear in the handling of this case that powers have been abused. He was awakened at 3 a.m. while it was not clear that he should be transferred to Leyte," he said.

"This shows there is no predictability in the implementation of laws."

Roxas said it was clear that civil liberties and human rights were violated in the foiled attempt to transfer Ocampo to Leyte.

"This is not in anyway to say he is guilty or innocent," he said. "Clearly, you would not want that to happen to you or anybody else in our society."

The military and the government’s security cluster should have made sure that Ocampo was not covered by the amnesty proclamations of former Presidents Aquino and Fidel Ramos, Biazon said.



Ocampo not safe in Leyte-Casiño


On the other hand, Ocampo "faces danger" in Leyte and the Philippine National Police could not ensure his safety because the province is under the control of the Armed Forces, Bayan Muna Rep. Teodoro Casiño said yesterday.

"Since 2001, there had been 29 Bayan Muna leaders killed in Leyte," he said. "We don’t want Satur to be the 30th."

Casiño said they would exhaust all legal means to stop Ocampo’s transfer to Leyte for trial for his alleged involvement in an alleged New People’s Army mass murder some 20 years ago.

Leyte is a highly militarized area, which could be dangerous for the detained lawmaker, he added.

Casiño said they have been receiving reports that the military in the province is calling on civilians to welcome Ocampo’s arrival with protests.

"He would be demonized when he arrives there," he said.

Bayan Muna would ask the Supreme Court to transfer Ocampo’s murder trial to Manila to ensure his safety, Casiño said.


Binay: I’m next



In Makati, Mayor Jejomar Binay, United Opposition president, said yesterday he and two other candidates would be arrested next to paralyze the opposition.

Quoting intelligence sources, Binay said a warrant of arrest is now being readied against him and former Polytechnic University of the Philippines president Nemesio Prudente in connection with a sedition case in the 1980s.

"It is still possible," he said. "It’s not a provocation. They are just laying the foundation."

Binay said the scenario of postponing the May 14 elections is highly possible, especially since the candidates of Team Unity are not doing well in the surveys.

"They are going to use the sedition case that was filed against me in the early 1980s to have me arrested," he said.

Meanwhile, the administration was accused yesterday of laying the groundwork for widespread cheating in the May 14 elections and to prevent leftist party-list groups from winning seats in Congress.

Speaking to reporters in Quezon City yesterday, Fr. Artemio Jusayan, Order of Carmelites Commissary general, said the arrest of Bayan Muna Rep. Ocampo and the massive campaign against party-list groups in the countryside are a "clear indication" that cheating and political killings will highlight the elections on May 14.

"We are praying and urging the people to stand up and protect their right to vote. They must put an end to the vicious cycle of cheating and violence during elections," he said. – With Jose Rodel Clapano, Aurea Calica, Nestor Etolle, James Mananghaya, Perseus Echeminada, Artemio Dumlao

[duke pikaso]

WAHAHAHA... SOREEE KA NALANG.....


Acting CHR chief denies Palparan off the hook

http://newsinfo.inquirer.net/breakin...ticle_id=56427

Says AFP response to killings insufficient
By Kit Bagaipo
Visayas Bureau
Last updated 07:06pm (Mla time) 03/22/2007

TAGBILARAN CITY, Philippines -- Officials of the Commission on Human Rights (CHR), including the acting chair, said on Thursday that, contrary to reports, retired major general Jovito Palparan is not yet off the hook on the issue of extrajudicial killings in Central Luzon, where he was once military commander.

Acting CHR chair Dominador Calamba II also slammed the Armed Forces of the Philippines (AFP) for not sufficiently answering cases of human rights violations lodged against soldiers.

Calamba and CHR commissioner Quintin Quito III disputed the statement made by their fellow commissioner, Eligio Mallari, who earlier claimed the human rights body would likely adopt a fact-finding team’s recommendation to clear Palparan of any responsibility in extrajudicial killings in Central Luzon.

The acting CHR chair said the inability of the Armed Forces to investigate troops alleged to have committed extrajudicial killings when they had the resources and expertise to resolve cases could make the military administratively liable.

He also said Palparan could not deny the fact that killings were rampant in areas where he was assigned.

Calamba added that Palparan’s failure to initiate inquiries into these killings made him even more suspect.

"As far as the commission is concerned, there is no final finding yet" on Palparan, according to Calamba, who pointed out that the commission en banc is still set to review Mallari's draft resolution, which he said is considered "a report" subject to the scrutiny of all the other commissioners.

Quito said Mallari's resolution was not the conclusion of the CHR as it was just "a result of a public inquiry" made in Central Luzon, where Palparan was assigned as 7th Infantry Division commander.

After reviewing Mallari's report, Calamba and Quito said the commission might decide to deploy their field investigators to gather more evidence and interview witnesses.

But Mallari said he was confident the CHR would adopt his resolution, which found no prima facie evidence to link Palparan to the reported killings. He said the inquiry he conducted in Central Luzon on Aug. 24 to 25 last year was fair and balanced.

Mallari said he is in a better position to evaluate the cases as head of the CHR's Protection Group, which oversees the legal and investigation divisions of the CHR. Mallari is also the commissioner in charge of Regions 3, 4 and 5.

He said copies of his resolution were already provided to the CHR secretariat and he was aware that some of the commissioners had received their copies.

Calamba also disclosed that he had instructed all CHR regional directors to at least submit findings on reported extrajudicial or political killings in their areas of concern.

Calamba, Quinto and Mallari were in this city for basic forensics training the CHR is giving its field investigators.

The acting CHR chair said they have officially recorded 262 alleged extrajudicial killings but added that in most of these cases, the respondents are not necessarily military personnel.

CHR legal division chief Flora Atillano said that based on data from their regional offices, from 2001 to 2006, there had been 44 cases of extrajudicial killings in which personnel of the AFP and the Philippine National Police were implicated.

The 44 cases are being compiled charges will soon be filed against the respondents, Calamba added

[voldemort]

Palparan for Congress!