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COMMISSION ON HUMAN RIGHTS
PRESS RELEASE
10 April 2010
CHR Urges PNP to
Accept Morong 43 in
Civilian Detention
The Commission on
Human Rights decries the continued detention in a military camp of the
group known as the “Morong 43”, and called for the Philippine National
Police and the Armed Forced of the Philippines to effectively work
together to effect their immediate transfer to civilian facilities.
CHR Chairperson
Leila de Lima said that the lack of coordination that reportedly blocked
the recent attempt of the AFP to transfer the group from the Army’s Camp
Capinpin in Rizal province to the PNP’s main facility, Camp Crame, was
“far short of the obligations demanded by law from both the AFP and the
PNP in terms of criminal procedure and human rights respect.”
De Lima further
said: “These two institutions are demonstrating a serious deficiency of
coordination, as eloquently demonstrated by the delivery of 38 of the
Morong 43 to Camp Crame, only to have them promptly rejected by the PNP
and returned to the military facility of Camp Capinpin. Excuses have been
given by both institutions for this failed hand over, and attempts are
being made by each party to evade responsibility, but at the end of the
day the sad fact is that it is the detainees who will continue to suffer.
It is their rights which will continue to be placed in jeopardy, as they
remain locked up in a military camp, instead of a civilian detention
facility.”
“We have noticed
that the PNP and AFP have each been passing responsibility, not just for
the detention, but also for all operations concerning the Morong 43, on to
the other,” added Chair de Lima. “With both institutions singing different
tunes, we are perplexed as to which one of them is really behind this
entire muddle.”
Criminal charges for
illegal possession of firearms had already been filed against the
detainees who were arrested on February 6 in Morong, Rizal during a raid
thereat. “Without yet declaring the existence of human rights violations,
including the alleged illegal detention, which are the subjects of the
ongoing CHR inquiry, it can still be said that the filing of criminal
information firmly placed the suspects within the jurisdiction of the
civilian criminal justice system,” said de Lima, “meaning, that the proper
place for their detention is in a civilian facility.”
There is no legal
basis for their continued detention in a military camp, nor is there legal
basis for the PNP to refuse to take them into custody. “In fact, the law
requires the PNP to take them into custody,” said the CHR Chief. “It’s
not optional for the PNP to say they can take suspects in or not. The PNP
has the duty to receive these detainees, and if it must make temporary
arrangements while working on more permanent accommodations, then it must
do so.”
“Is the PNP saying
that it does not have the room or the manpower to ensure the proper
detention of a few dozen suspects who have not proven to be violent?”
asked the CHR Chairperson. “If so, then the top government leaders must
ensure that the necessary resources should be immediately mobilized so
that law enforcers can do their jobs effectively.”
The CHR had already
publicly called for the transfer to civilian facilities during its public
inquiry into the case of the so-called Morong 43 on March 18. Another
session of the public inquiry is scheduled for this coming Monday, 12
April, at the CHR in Quezon City.
“May I remind the
AFP or PNP custodians, as the case may be, to comply, under pain of
contempt, with our standing directive to produce the detainees during our
public inquiry on Monday, ” said the CHR Chair.
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