As calls for public disclosure of Melo Report mount

Gloria forms new body to probe AFP involvement

01/31/2007

nAt the same time, a diplomat, who asked for anonymity, told the Tribune yesterday that

the government high level commission’s failure to identify and implicate those responsible for the extra-judicial killings would further erode the country’s credibility before the international community.

“A report without credibility will continue to hurt the Philippines’ image and it’s not good for the country,” the diplomat source said yesterday.

The fact-finding report of the Melo Commission, headed by former Supreme Court Justice Jose Melo, has already been completed and submitted to the President.

“It (the report) should clearly identify those behind the attacks and hold those responsible liable for it. Otherwise, the commission report would not mean anything,” the source said.

Sources earlier said foreign governments, particularly the European Union, will monitor the outcome of the report of the Melo report.

Malacañang yesterday said it will pursue the aspect of “command responsibility” in relation to the involvement of the military in the spate of extra-judicial killings in the country.

Mrs. Arroyo issued the directive after the Melo Commission concluded its probe.

In a Cabinet meeting yesterday, she instructed

At the same time, a diplomat, who asked for anonymity, told the Tribune yesterday that the government high level commission’s failure to identify and implicate those responsible for the extra-judicial killings would further erode the country’s credibility before the international community.

“A report without credibility will continue to hurt the Philippines’ image and it’s not good for the country,” the diplomat source said yesterday.

The fact-finding report of the Melo Commission, headed by former Supreme Court Justice Jose Melo, has already been completed and submitted to the President.

“It (the report) should clearly identify those behind the attacks and hold those responsible liable for it. Otherwise, the commission report would not mean anything,” the source said.

Sources earlier said foreign governments, particularly the European Union, will monitor the outcome of the report of the Melo report.

Malacañang yesterday said it will pursue the aspect of “command responsibility” in relation to the involvement of the military in the spate of extra-judicial killings in the country.

Mrs. Arroyo issued the directive after the Melo Commission concluded its probe.

In a Cabinet meeting yesterday, she instructed the Department of National Defense (DND) and the AFP to come up with an updated doctrine of command responsibility for this to be used as the basis of yet another probe body she says she will be forming to investigate the still unresolved killings, following the leads provided by the Melo Commission.

Press Secretary Ignacio Bunye said Mrs. Arroyo also instructed the AFP and Department of Justice (DoJ) to coordinate with Commission on Human Rights (CHR) in forming the new probe body at the soonest time possible while directing the Department of Foreign Affairs (DFA) to coordinate with the EU, Finland, Sweden and Spain so these countries could send their investigators and participate in the soon-to-be conducted probe.

These countries earlier publicly expressed concern over the alarming spate of media and leftist killings in the Philippines.

Aside from this, Bunye said Mrs. Arroyo also instructed the DoJ to expand and enhance the coverage of the witness protection program so there could be more potential witnesses in the cases of extra-judicial killings.

Presidential Legal Adviser Sergio Apostol was also instructed by Mrs. Arroyo to write the high court and ask for the creation of a special court that would try the accused in extra-judicial killings.

Bunye, however, was very careful when asked if Palparan would be covered by the “command responsibility” angle, as he claimed that the Palace would not like to preempt the upcoming investigation.

Bunye instead said:”President Arroyo has consistently made clear that this government does not condone any form of violence against persons and this government will see to it that justice will be served after objective, impartial and thorough investigations, such as what is called for in the report,” Bunye said.

The Palace also denied the allegations of party list Representative, Rep. Satur Ocampo of Bayan Muna that they are hiding the recommendation of the Melo Commission because Palparan’s name is included as among the culprits.

Bunye said they will only get hold of the recommendation tomorrow.

“The Melo Commission has not yet formally submitted its report although I understand that a turnover is scheduled on Thursday.” Bunye said, even as the Melo commissioners have stated for the record that the report had already been turned over to Malacañang.

Senators yesterday demanded full disclosure of the findings reached by the Palace-created Melo Commission on its probe into the spate of extra-judicial killings in the country, saying the issue hounding Palparan can only be resolved if the body makes public its report, whether he had indeed been implicated.

Minority Leader Aquilino Pimentel Jr. and administration Sen. Miriam Defensor-Santiago, joined the snowballing call for Malacañang to present publicly the Melo Commission report, to put an end to the controversy on whether there had been findings as to the liability or culpability of Palparan.

Pimentel said he is unsure whether the commission made a categorical statement in its report. “It should be made public. So there is no room for doubt as to what exactly the commission said in a report,” he said during an interview with reporters.

Santiago, when sought for a reaction on the issue, said the same although she immediately pointed out that the doctrine of command responsibility cannot be applied on Palparan’s case because the cases are “not a war situation”, under which such principle is allowed by the Rules of Criminal Procedure.

“It is a domestic situation of armed conflict, that’s why we cannot apply the command responsibility (doctrine) because it would come in conflict with the rules on criminal procedure. So they will have to prove first that there was conspiracy between Palparan and whoever the individual soldier was or group of soldiers that apparently carried out those atrocities before you can even include him in the charge,” she said.

“It is very easy to say that ‘well, let’s just identify who was in ultimate command at the time and then let’s make him assume criminal responsibility.’ But that’s not going to be a fair conclusion. First, you have to prove that he knew and that he approved, he gave his consent whether it was expressed or tacit.

“So I will say that if there is any crime indicated and there is a possibility that the perpetrators can be identified, then of course, the report of the commission should be referred to the NBI so that they can gather enough evidence constituting probable cause, that the Ombudsman or the prosecutor can initiate charges in court. Otherwise, it would be unfair for the persons who are implicated by the findings without any element of decisiveness. That’s what’s unfair about the special commissions or special fact-finding bodies,” said Santiago.

Militant congressmen are, however, not satisfied with the Melo report, holding Palparan responsible for the series of extra-judicial killings.

Reps. Teodoro Casino, Satur Ocampo of Bayan Muna and Rafael Mariano of Anakpawis said the investigation of the Melo Commission should not stop at the level of Palparan and other generals implicated to the political killings.

The probe should have reached the level of the Commander-in-Chief, insisting that the matter involved command responsibility. This means that responsibility goes higher than field commanders.

Mariano pointed out that the Melo Commission headed by former Supreme Court Justice Jose Melo consciously avoided the responsibility of Mrs. Arroyo and avoided implicating personalities behind the Committee on Internal Security and the counter insurgency program Oplan Bantay Laya as well.

They pointed out that counter-insurgency programs like Oplan Bantay Laya are crucial in allowing the likes of Palparan to wreak terror on a national scale.

“The report merely scratches the surface and tells us what we already know,” he said.

“The killings were not simply waged by General Palparan on his own and could not have been done without the blessings of Mrs. Arroyo. The assassination of progressive mass leaders is an integral component of Mrs. Arroyo’s counter-insurgency policy.

Muntinlupa Rep. Rufino Biazon and another partylist congressman Crispin Beltran of Anakpawis, for their part expressed doubts whether the Arroyo administration would act on the recommendations submitted by the Melo Commission.

Ocampo and Beltran said the findings of the Melo Commission was “indicative of a whitewash” as it did not get into the bottom of the killings.

“We are highly dissatisfied over the major findings of the Melo Commission as made public by retired Justice Jose Melo. In sum, the Melo Commission failed in its public vow to get into the bottom of the killings,” Ocampo said yesterday.

Ocampo added that the report weakens the people’s case against Palparan by saying he was merely negligent in failing to stop the killings, adding that the Melo report covers up the role of Mrs. Arroyo. The Melo Commission’s contention that soldiers acted individually in these murders is arguably the same as saying the incidents are only isolated cases.

“The fact is that (Mrs.) Arroyo is the only post-Marcos president to publicly proclaim a counter-insurgency operation-plan under which extra-judicial killings have been perpetrated in a systematic and nationwide scale,” he said. Sherwin C. Olaes, Angie M. Rosales, Michaela P. del Callar, Dona Policar, Gerry Baldo and AFP