Atty Al Parreno's Report on the Legal Audit of EJK cases 2001 - 2010

Noli Capulong

May 27, 2006Brgy. Parian, Calamba City, Laguna

Date of Incident/ Place

On May 27, 2006, at around 6:00 PM, the victim, while driving his owner-‐type jeep, was gunned down by bonnet-‐wearing men on board motorcycles.

Short Facts

Deputy Secretary-‐General of Bayan MunaSouthern Tagalog ChapterVolunteer Radio Veritas reporter

Profession

Involvement in Activist Group Bayan Muna

Probable Reason for Killing

Noli Capulong

Noli Capulong

Alfred Alinsunurin

Suspects

Unidentified

Profession of Suspect

4 years 2 months

No. of days sincedate of incident

The case was dismissed by the City Prosecution Office of Calamba, Laguna on January 18, 2007

Case Status

Information for the prosecution was only based on a police report, the prosecutor dismissed the case for insufficiency of evidence

Reason for Dismissal

Case of Noel Villarante

August 19, 2003Santa Cruz, Laguna


At about 6:45 pm of August 19, 2003, Noel Villarante, was shot dead at Santa Cruz, Laguna just outside of his residence. After being shot, Villarante ran inside his home. As his relatives helped him outside to get to a hospital, the gunman once again shot Villarante, causing his instantaneous death.

Short Facts

Commentator in the local DZRJ RadioWriter for the local newspaper Laguna Score

Profession

Noel Villarante

Case of Noel Villarante

Senando Palumbarit and two (2) John Does

Suspects

Civilian police agent

Profession of Suspect

6 years 10 months

No. of days sincedate of incident

Case dismissed by the trial court

Case Status

Witnesses were no longer interested in testifying against the accused.

Reason for Dismissal

Presentation Objectives

What is the problem?

Where is the problem?

Current Sentiments

How do we solve it?

Preliminary Matters

How we defined Extra Judicial Killings?

How we did the study?

What we did not cover?

Extrajudicial killing Elements

Political Affiliation of VictimsPolitical activistsJournalists

Method of AttackProfessionally executedUse ofmotorcycles-‐41% of Assailantsbonnets-‐12%darkness-‐23%

Involvement or Acquiescence of State AgentsCannot be determined until conviction

HOW WE DID THE STUDY

Created a database

The Summaries were Generated The Analysis This

Presentation

What we did not cover

Specifically who did what

Motive or characteristics

Focus on IBP and DOJ Data

Maguindanao was not included in the numbers

What is the Problem?Problem Statements

Extrajudicial Killing is Rampant in the

Philippines

Most of the Victims Are Members or Officers of Activist

Groups

Most Identified Suspects Belong to

the Military

State Actors Are Involved (?)

The Rebels are also Suspects

What is the Problem?Extrajudicial Killing is Present All Over the Philippines

62

4743

28 2623

1713

8 85 5 6 4 3 3 4

72

61

55

45

30 28

2017

13 117 7 6 5 5 4 4

0

10

20

30

40

50

60

70

80

Region III

Region V

Region VIII

Region VI

Region I Region IV-‐A

Region XI

NCR Region VII

Region XII

Region XIII

Region IV-‐B

Region II Region IX

ARMM Region X CAR

No. of Incidents/Victims Per Region

No. Of Incidents No. Of Victims

Total No. of Incidents: 305Total No. of Victims: 390

Source: Parreno Extra Judicial Killing Audit dated August 15, 2010

Incidents with Suspects Identified as State Actors per Region

13

23

32

2

138 10

0 2 14 3 2 0 0 2 2

11

2

6

5

10

1 0

01 0

0 0 22 0

0 00

10

20

30

40

50

60

70

Region III Region V Region VIII

Region VI Region I Region IV-‐A

Region XI NCR Region VII

Region XII

Region XIII

Region IV-‐B

Region II Region IX ARMM Region X CAR

Info not available

Elected Govt. Official

CAFGU

Public Officer

Rebel

Police

MilitaryUnidentified Armed Men

What is the Problem?Most of the Victims Are Members or Officers of Activist Groups

Officer-‐Member of Activist Group

32%

Elected Govt. Official15%

Journalist15%

Farmer10% Rebel

8%Other7% Lawyer

5%

Public Officer3%

Officer-‐Member of Religious Group

3%Judge2%

Other13%

Profession of Victim

Total: 390


What is the Problem?Identified Suspects Belong to the Military

Unidentified Armed Men57%

Military19%

Police9%

Rebel12%

Public Officer1%

CAFGU1% Elected Govt. Official

1%

Total: 837


What is the Problem?Rebels are also suspects

Unidentified Armed Men57%Military

19%

Police9%

Rebel12%

Public Officer1%

CAFGU1%


Total: 837


What is the Problem?State Actors Are Involved?

Unidentified Armed Men57%

Rebel12%

Public Officer1%


Total: 837


-‐Where is the Problem?-‐

Pampanga has the Most Number of Victims, followed by Northern Samar and Negros Occidental

The Years 2005 and 2006, during the term of Gloria Macapagal-‐Arroyo Saw, the Most Number of Cases

-‐Where is the Problem?-‐Pampanga has the Most Number of Victims, followed by

Northern Samar and Negros Occidental

37

2528

1311

15 14 13 14

68 7 7

9 97 6 5 6 6 4 6 5 3 3 2 4 3 2 3 3 2 3 2 2 2 2 1 1 1 1 1 2 1 1 1

4139

33

17 18 17 1715 16

12 11 11 10 9 10 9 8 8 7 6 6 6 5 5 5 5 4 4 4 3 3 3 3 2 2 2 2 2 2 1 1 1 2 1 1 10

5

10

15

20

25

30

35

40

45

Pampanga

Negros O

cciden

tal

Northern Samar

Metro M

anila

Leyte

Albay

Pangasinan

Camarines Norte

Nue

va Ecija

Sorsogon

Que

zon

Boho

lDa

vao de

l Sur

Laguna

Bataan

Masbate

Camarines Sur

Cotabato

Ilocos S

urIlocos N

orte

Batangas

Davao de

l Norte

Isabela

Orie

ntal M

indo

roSurig

ao del Sur

Sulu

Southe

rn Le

yte

Zambo

anga del Norte

Capiz

Sarangani

Tarla

cMisa

mis Orie

ntal

Davao Orie

ntal

Ifugao

Cavite

Surig

ao del Norte

Palawan

Zambales

Negros O

riental

Abra

Camiguin

Zambo

anga Sibugay

Aklan

Kalinga

Nue

va Vizc

aya

Compo

stela Va

lley

No. of Incidents/Victims Per Province

No. Of Incidents No. Of Victims

Total No. of Incidents: 305Total No. of Victims: 390


-‐Where is the Problem?-‐The Years 2005 and 2006, during the term of Gloria Macapagal-‐

Arroyo had the Most Number of Cases

1

27

1625

66 70

37

17

6 8

1/1/2000-‐1/20/2001

1/20/2001-‐12/30/2002

2003

2004

2005

2006

2007

2008

1/1/2009-‐6/30/2010

7/1/2010-‐8/15/2010

No. Of Incidents Per President/Per Year

Presidents of the Philippines:EstradaArroyoAquino


-‐Where is the Problem?-‐Rate of Killings: GMA Jan-‐Oct 2006

2

7

12

9

5

3

8

1

6 6

8

3

9

6

9

5

8

3

10

6

43

43 3

0

2

4

6

8

10

12

14

Arroyo's Term-‐Rate per Month (Jan'05-‐Dec'06)

01

4

9

30

13

10

10

10

1 1 12

12

14

7 75

0

5

10

15

20

25

30

35

2002 2003 2004 Jan'05-‐Aug'05 Sep'05-‐Sep'06 Oct'06-‐Dec'06 2007

Region III

Region IV-‐B

Region VIII

Source: Parreno Extra Judicial Killing Audit dated August 15, 2010Source: Parreno Extra Judicial Killing Audit dated August 15, 2010

-‐Where is the Problem?-‐Following Accountability of Military

Current Sentiments

The United Nations Representative Expressed Concern

The Commission on Human Rights Cannot Solve It

The Aquino Administration Has Stated It Will Take Action Against It

-‐Current Sentiments-‐The United Nations Representative Expressed Concern

Alston recognizes the widespread killing of activistsAlston does not adhere to the Purge Theory of the AFPRecommend 12 specific actions for the government to take

-‐Current Sentiments-‐The Commission on Human Rights Effort

Shock with the number of extra judicial killingsCampaign for the observance of command responsibility particularly among the higher echelons of the PNP and AFP command

-‐Current SentimentsThe Aquino Administration Stated it Will Take Action Against It

P-‐Noy Condemns EJK

SONA Statements of P-‐Noy:Natukoy na rin po ang salarin sa mga kaso ninaFrancisco Baldomero, Jose Daguio at Miguel Belen, tatlosa anim na insidente ng extralegal killings mula nangumupo tayo.

Singkuwenta porsyento po ng mga insidente ngextralegal killings ang patungo na sa kanilangresolusyon.

Ang natitira pong kalahati ay hindi natin tatantanan angpag-‐usig hanggang makamit ang katarungan.

Pananagutin natin ang mga mamamatay-‐tao. Pananagutin din natin ang mga corrupt sa gobyerno

8 incidents of EJK since the President took office

-‐Where is the Problem?-‐Rate of Killings: GMA vs. P-‐Noy

4

0

3 3

0

0.5

1

1.5

2

2.5

3

3.5

4

4.5

Jun 30, 2006-‐Jul 07, 2006

Jul 07, 2006-‐Jul 14, 2006

Jul 14, 2006-‐Jul 21, 2006

Jul 21, 2006-‐Jul 28, 2006

Arroyo's 2nd Term-‐Rate per Week=2.5 (1st month)

2

5

0

1

0

1

2

3

4

5

6

Jul 01, 2010-‐Jul 08, 2010

Jul 09, 2010-‐Jul 16, 2010

Jul 17, 2010-‐Jul 24, 2010

Jul 25, 2010-‐Aug 01, 2010

Aquino's Term-‐Rate per Week=2, 1.5 (1st Month)

EJK in Aquino AdmintrationCase of Jose Daguio

July 3, 2010Barangay Tuga, Tabuk, Kalinga


At around 8:00PM, Jose Daguio was shot inside his house while having dinner by an unidentified man, using a shotgun.

Short Facts

Commentator of local radio station Radyo Natin and correspondent for Kalinga-‐based weekly newspaper Guru Press

Profession

Motives for his killing range from his being a former media man, a family land dispute and knowledge of the activities of an alleged cattle rustling group in Kalinga.


At large

Status of Suspects

A witness has surfaced which has identified at least 5 people as suspects. The case is currently in preliminary investigation stage.

Status of Investigation

EJK in Aquino AdmintrationCase of Fernando Baldomero

July 5, 2010Barangay Estancia, Kalibo, Aklan


At around 6:30AM, as Fernando Baldomero was about to bring his 12 year-‐old son to school, an undidentified man approached Baldomero and shot him dead in front of his own son whom he tried to cover and protect.

Short Facts

Town Councilor and Provincial Coordinator for Aklan of Bayan Muna

Profession

Apart from being a local Bayan Muna leader, Baldomero ran and won as municipal councillor under the Liberal Party. He was also previously accused by the military and the police of links with the communist rebels.


At large

Status of Suspects

Murder charges against primary suspect Dindo Lovon Ancero, 35, resident of Malingin Bogo City, Cebu and several John Does have been filed before the Aklan


EJK in Aquino AdmintrationCase of Pascual Guevarra

July 9, 2010 Barangay San Isidro, Laur, Nueva Ecija


At around 4:30PM, Pascual Guevarra, 78 was shot by an unidentifed gunman in front of his family members as he was repairing their kitchen inside their house in Barangay San Isidro. His grandson, Ronnel Viloria, 18, tried to help his grandfather but the gunman shot and wounded him also. The gunman escaped aboard a motorcycle driven by another man.

Short Facts

Farmer and Head of the local Agrarian Reform Beneficiaries Association (ARBA), Alyansa ng Magbubukid na Nagkakaisa 3100 and member of the Anakpawis party-‐list

Profession

Agrarian reform dispute over the 3,100 hectares of agricultural land inside the Fort Magsaysay military reservation in Nueva Ecija


At large

Status of Suspects

Pending investigation

No suspects have been identified

Military denies involvement


EJK in Aquino AdmintrationCase of Miguel Belen

July 9, 2010 Nabua, Camarines Sur


On July 9, 2010, motorcycle-‐riding men shot Belen while he was on his way home to Francia village in Iriga City. Belen survived the attack but later succumbed to the serious injuries suffered.

Short Facts

Local broadcaster of radio station dwEB

Profession

Police are looking into politics and robbery as possible motives in the incident.


At large

Status of Suspects

a suspect has already been identified by the police investigators.




EJK in Aquino AdmintrationCase of Mark Francisco

July 11, 2010Sitio Umawas, Barangay Malibas, Palanas, Masbate


Mark Francisco, 27, was on his way home on a motorcycle along with four other teachers who were also on motorcycles when he was gunned down by two men wearing ski masks and military fatigues wielding M-‐16 rifles at around 5 p.m. Francisco died instantly.

Short Facts

Elementary School Teacher and member of Alliance of Concerned Teachers Party-‐list

Profession

Alliance of Concerned Teachers party-‐list has been the target of a vilification campaign since the previous elections. The said party-‐list is considered to be a front for the CPP/NPA/NDF


At large

Status of Suspects




EJK in Aquino AdmintrationCase of Josephine Estacio

July 12, 2010Barangay Central, Masbate City, Masbate


Josephine C. Estacio was shot dead in front of the Tenejero Elementary School at 7:20 a.m. as she alighted from a tricycle. The bonnet-‐wearing assailants immediately fled from the Scene.

Short Facts

Grade 1 Teacher and member of Alliance of Concerned Teachers Party-‐list

Profession



At large

Status of Suspects




EJK in Aquino AdmintrationCase of Edgar Fernandez

July 13, 2010Barangay Central, Masbate City, Masbate


As Edgar Fernandez and his companion were on their way home from Barangay Central, Masbate City, Masbate, an unidentified man shot them both killing Fernandez instantly and wounding his companion.

Short Facts

Member of Alliance of Concerned Teachers Party-‐list

Profession



At large

Status of Suspects




EJK in Aquino AdmintrationCase of Edilberto Cruz

August 1, 2010Barangay San Juan Accfa, Cabanatuan City


Edilberto Cruz was on his way home on his motorcycle when he was ambushed by an unidentified gunman. He survived the ambush despite being shot several times but however died in the hospital while undergoing treatment.

Short Facts

Publisher and Editor of local newspaper "Salida"

Profession

was having an affair with a free-‐lance radio announcer who was also slain in 2007.

Police are also looking into the possibility that the killing was related to his work as a journalist.


At large

Status of Suspects




-‐ -‐Judicial Conclusions

Statistically 1.05% Conviction (2000 to 2010)

Insufficiency of Evidence is the Number 1 Reason for Dismissal

Thirty-‐two percent of the cases remain unsolved

The Non-‐identification of the Assailants is the Main Reason why 61% of the cases have Remained Unsolved

The Process Takes Too Long 5 Years, 2 Months and 11 Days for a Case of Extrajudicial Killing to undergo the Criminal Process.

-‐ -‐Statistically 1.05% Conviction (2000 to 2010)

050

100150200250300350

No. of Incidents

No. of Cases Filed in the Prosecutor: 56.29%

No. of Cases Prosecuted-‐33.22%

No. of Cases Tried in

Court-‐32.52%

No. of Conviction-‐

1.05%

305

169101 99

4

Succes per Judicial Stage


Cases that are still in Prelim

Investigation and

Dismissed in Fiscal Level-‐

40%

Cases that are

Provisionally Dismissed because Accused is still at large-‐

2%

Cases that are still

undergoing trial and dismissed-‐

96%

Cases that have

remained unsolved and cold cases-‐

45%

-‐ -‐Insufficiency of Evidence is the Number 1 Reason for Dismissal

39%

34%

17%

5% 5%

Common Causes for Case to be Dismissed in the Trial and Prosecutorial Level

Insufficiency of Evidence to Implicate the Suspects

Assailants are unidentified

No Available Witnesses

Non-‐Cooperation of Material Witnesses

Refusal of the Victim's Family to Cooperate in the Investigation


-‐ -‐Most of the Incidents are still Cold Cases

Case Remain Unsolved32%

Police Investigation12%

Case Dismissed16%

Trial21%

Preliminary Investigation6%

Case Archived8% Arraignment

3%

Judgment1%

Case Provisionally Dismissed

1%

Other5%

Status of the Incidents

Total: 305


-‐ -‐The Non-‐identification of the Assailants is the Main Reason why 61% of the cases

have Remained Unsolved

61%19%

12%4% 3%

1%

Common Causes for Case to Remain Unsolved


Accused is still At-‐Large

No Available Witnesses

Refusal of the Victim's Family to Cooperate in the Investigation


Insufficiency of Evidence to Implicate the Suspects


-‐ -‐The Process Takes Too Long 5 Years, 2 Months and 11 Days for a Case of Extrajudicial

Killing to undergo the Criminal Process.

From Filing of Complaint to Issuance of Resolution-‐6 months and 29 days

From Filing of Information to Arraignment-‐ 8 months

and 22 days

From Arraignment to Pre-‐trial-‐ 3 months and 24

daysFrom Start of Trial(For cases pending trial,

dismissed, or resolved)-‐ 3 years, 7 months and 25

days

Average Number of Days for Each Stage of the Trial

Total Average: 5 years, 2 months and 11 days


Melo Report Alston Report

Year Made 2006 2008

Coverage Philippines Philippines

Key Finding There are circumstantial evidence that indicate the military are perpetrators of EJK

The RP has shown itself willing and capable to address HR issues yet finds its measures to address EJK wanting

Purge Theory Not True Not True

State Participation GMA was proactive about it Both the military and the police are identified as EJK perpetrators

KeyRecommendations

Strong and Resolute Political Will from the PresidentPrompt, impartial and effective

investigation of EJK by a civilian agencyPNP must produce evidence strong

enough to secure a conviction not merely for probable causeSpecial team of prosecutors to

handle EJK casesBetter witness protectionEnactment of a law for chain of

command responsibility

Elimination of EJK in counter-‐insurgencyoperationsConviction of EJK perpetrators must be

achievedReform policy considerations for the

criminal justice systemReform and proper implementation of the

witness protection programEnactment of measures by the Supreme

Court to ensure the effective prosecution of EJK casesSafeguard human rights during peace

processesPromote independence and effectiveness

of the CHR

Comparison of Recommendations

Analyzing the ConvictionsCase of Jose Doton

May 17, 2006, Pangasinan

Date of Incident/ Province

About 10:30 AM of May 16 2006, armed men suddenly attacked Jose Doton and Diosdado Dotonon their way home to Brgy. Camangaan, San Nicolas, Pangasinan. Jose Doton was killed and his brother was badly wounded. Prior to the shooting incident, the Doton brother received death threats. Joel S. Flores, the accused, was arrested by the Pangasinanpolice for illegal possession of firearms, which turned out to be the gun used in the killing of Jose Doton.

Short Facts

President, TIMMAWA(Tignayan dagiti Mannalon a Mangwayawaya ti Agno), a peasant organization in San Manuel, Pangasinan.

Profession

Victim was one of the key leaders of the struggle against the construction of the San Roque Multi-‐Purpose Dam in the boundary of Pangasinan and Benguet provinces


Analyzing the Convictions Case of Jose Doton

Joel Flores

Accused

Member of the AFP

Profession of Accused

May 30, 2008Reclusion Perpetua and indemnity for liquidated damages worth Php. 500,000.00

Date of Decision and Penalty imposed

1 year 10 months and 11 days

No. of days for Conviction

Immediate identification of the accusedAvailability of the witnessesTracking of various watchgroupsMedia attention to the case

Probable Reason for Conviction

Analyzing the Convictions Case of Marlene Esperat

24 March 2005, Purok Ilang-‐ilang, Barangay New Isabela, Tacurong City, Sultan Kudarat


On 24 March 2005, Marlene G. Esperat was shot and killed in her home in Purok Ilang-‐ilang, Barangay New Isabela, Tacurong City, Sultan Kudaratwhile having dinner with her family.

Short Facts

Former employee of the Department of Agriculture in Central Mindanao (DA-‐12) and Midland Review, Tacurong City columnist

Profession

During her employment in the Department of Agriculture (DA) Region 12 from 1987 to 2004, she uncovered various cases of graft and corrupt practices by public officials involving rampant misuse of public funds intended for the alleviation of marginalized farmers


Analyzing the Convictions Case of Marlene Esperat

Estanislao Bismanos-‐UnidentifiedJerry Baguin CabayagRowie Barua-‐Member of the 36th Military Intelligence Company

Randy Fernandez GreciaOsmena Montaner-‐UnidentifiedEstrella Sabay-‐Chief Accountant of the Department of Agriculture, Region 12

Accused

September 28, 2006Only the following suspects were convicted with the penalty of Reclusion Perpetua:Estanislao BismanosJerry Baguin CabayagRandy Fernandez GreciaThe accused Rowie Barua became a state witness and was acquittedThe case against the suspected masterminds Estrella Sabay and OsmeñaMontañer is still undergoing trial


1 year 5 months and 19 days


Cooperation by one of the suspects to become a state witnessTransfer of Venue from Cotabato to Cebu CityAvailability of the witnessesTracking of various watchgroupsMedia attention to the case


Analyzing the Convictions Case of Armando Pace

July 18, 2006, Digos City, Davao del Sur.


On July 18, 2006, the victim, Armando Pace, was shot in the head and chest by two motorcycle-‐riding assailants while traveling home from work on a busy street in Digos City, Davao del Sur.

Short Facts

Block Timer, Radio Commentator Of DXDS Radio Ukay show entitled "Ukadyang"

Profession

His commentaries against local politicians and his murder might have been in retribution for his comments


Analyzing the Convictions Case of Armando Pace

Joy Anticamara Enggano

Accused

March 29, 2009, Prision mayor to reclusion temporal


2 years 7 months and 5 days


Availability of witnessesImmediate identification of the accused by the investigatorsAvailability of the Evidence


Analyzing the Convictions Case of Baron Cervantes

December 31, 2001, Alabang-‐Zapote Road in Las Piñas


At about 6:00 p.m, Alabang-‐Zapote Road in Las Piñas, the accused, Joseph Abad Mostrales, Jaime Salvador Centeno, Erlindo Tateo Torres and Santiago Camacho, members of the Police Force, gunned down the victim, Baron Cervantes, inflicting on him, mortal and fatal injuries which caused his direct death.

Short Facts

Member of the PNPChairman of the Young Officers Union

Profession

Possible involvement in an alleged coup d'état


Analyzing the Convictions Case of Baron Cervantes

Rafael Cardeno-‐Philippine National Police SuperintendentJoseph Abad MostralesJaime Salvador CentenoErlindo Tateo TorresSantiago P. Camacho

Accused

On March 26, 2009, the court found Rafael Cardeno guilty as principal of the crime of murder and sentence him to reclusion perpetua.


4 years

No. of years for Conviction

Media attention to the caseAvailability of witnessesImmediate identification of the accused by the investigatorsAvailability of the Evidence


-‐ Six Pillars of Success-‐

An Independent Watchdog

Aggressive Government

Public Awareness

and Participation

Availability of Evidence

A Dedicated Prosecutor

An Impartial Tribunal

FINDING ACCOUNTABILITY PREVENTION

Policy Recommendation-‐Conceptual Structure

Measurement

Regular Monitoring

AFP /JAGO

Parallel Investigation

Truth Commission Agenda

Was it a GovtPolicy

Measurement

Regular Monitoring

Presidential Condemnation

Presidential Action

Command Responsibility

POCC

Dedicated Task Force

DND AFP NAPOLCOM PNP DOJ

IHR Grp in the AFP

General leads the Group

Evaluation and Success of AFP CommandersNational

International

Court Watch

Case Watch

Court Status

Best Practices/Best Policy

Expert

Witness

Process

PNP/NBI

Technology

PNP/NBI

People

PNP/NBI

Finding Them

Perpetuation

Investigation

Witness Protection

NGODOJ

Discovery

DOJ

Private Prosecutor

Public ProsecutorDOJ Task Force/NBIDedicated Good Impartial

Speed

Impartial

SC Admin Order 25-‐2007

Venue Change

Court Watch

SUCCESS FACTORS

AN INDEPENDENT WATCHDOG

AGGRESSIVE GOVERNMENT

PUBLIC AWARENESSand PARTICIPATION

AVAILABILITY OF EVIDENCE

A DEDICATED PROSECUTOR

AN IMPARTIAL TRIBUNAL

Pillar Task Objective Resources Needed

Organizations Needed

Preliminary Project Recommendations

AN INDEPENDENT WATCHDOG

Establish measurements and proper monitoring

CHR division for monitoring

Standardize Definition of EJKCreate measurements

Regular Monitoring and reports

Legal, Quality Control and Project Management Training for CHR to be able to produce standardized measurements

CHR with NGO or Private Support

Monthly Bulletin and Discussion

Standardize Definition of EJKCreate measurements

Regular Monitoring and reports

Legal, Quality Control and Project Management Training for CHR to be able to produce standardized measurements

CHR with NGO or Private Support

AGGRESSIVE GOVERNMENT

Create a New Inter Agency DOJ Task Force

Recommend PolicyReview and Improve Process

Investigate Cold CasesDetermine best practices

Government Support DOJ, PNP, DILG, AFP,

NAPOLCOM, NBI, DND, CHR, NGO, Media

Presidential Message of Widespread Condemnation Show widespread condemnation

Presidential Message and Policy Change

PCOO, DND, AFP, NAPOLCOM, PNP, DOJ

Implement administrative investigation of responsible

persons Show widespread condemnation AFP Chief of Staff Mandate AFP/JAGO

Reiterate Command Responsibility Doctrine Create accountability on top AO or EO from President OP

Determine whether it was an official government policy during

the previous administration

Determine topmost accountability Government Support Truth Commission

Include HR Compliance among evaluators for AFP and PNP

personnel

Ensure compliance of CHR directives

Make known AFP and PNP adherence to HR directives

Change in Evaluation of AFP and PNP Personnel CHR, AFP, PNP, Napolcom




AWARENESS Create a Public Awareness Campaign

Inform public of status of cases

Inform of measures, protocol and rules

Collaborate with local and international bodies

Media, Feedback Mechanism, Mass and

new media tools (internet, web 2.0)

CHR, NGO

AVAILABILITY OF EVIDENCE

Develop investigative and forensic expertise in the

NBI / PNP

Improve investigation capability

Solve problems on physical evidence

Government Budget and manpower allocation PNP, NBI, DOJ Task Force

Develop availability of witness programs witness protection

program

Availability of witnessDOJ ImplementationCongressional revision

DOJ, Congress

Increase use of discovery and perpetuation tools

Perpetuate witness availability Training, Manuals DOJ Task Force

Pilot in Pampanga Determine Effectivity of Investigative Procedures NBI and PNP Task Force NBI, PNP, DOJ




A DEDICATED PROSECUTOR

Create a DOJ / NBI clear

partnership

Ensure Efficient and Speedy Prosecution

DOJ Sec Order, DOJ Task Force DOJ

A SPEEDY and IMPARTIAL TRIBUNAL

SC Prioritize Change of Venue due to EJK

Ensure speed and impartiality with the SC SC Resolution SC Administrator

Monitor and Report status of SC Admin Order

25-‐2007

Ensure speed and impartiality with the SC

SC Resolution/ CHR Report SC Administrator

HOW IT WILL WORK

CHR-‐CREATE

STANDARD MONTHLY REPORT

DOCUMENT: MONTHLY REPORT

GOES THRU

MONTHLY

DISCUSSION WITH STAKEHOLDERS

CHANGES?

NO?

CHR-‐ CREATE STANDARD MONTHLY REPORT

DOJ TASK FORCE-‐USE IT FOR

PROSECUTION

AFP-‐USE IT FOR EVALUATION OF COMMANDERS

PNP-‐USE IT FOR INVESTIGATION

SC COURT ADMINISTRATOR-‐USE IT FOR ASSIGNING CASES

MEDIA/NGO-‐USE IT AS BASIS FOR MONITORING

& AWARENESS

YES? MOVE FORWARD

Insufficiency of Evidence to Implicate

the Suspects39%


34%

No Available Witnesses17%


5%

Refusal of the Victim's Family to Cooperate in

the Investigation5%

Other10%

Source: Parreno Extra Judicial Killing Audit dated August 15, 2010Source: Parreno Extra Judicial Killing Audit dated August 15, 2010

Policy Recommendations Anchored on Reason for Dismissal of Cases

Look into Transferring Venues to

Metro Manila or Metro Cebu

Use Discovery Procedures Early On

Institute a Proper Implementation of the Witness Protection Program

Improved Methods of Gathering Evidence

Take Extra Effort to

Identify the Mastermind

Conclusion 1What is the Problem?

Human Rights

DISASTEREJK is Rampant in the Philippines

Prevalent During the GMA

Administration

Most victims are from the left and most accused are from the military

Cases remain unsolved

Growing Trend

Will the Aquino Govt Stop it

Conclusion 2

No Physical Evidence

No Witness

No Conviction

No Political Will

No Aggressive

Govt

No Prevention

Conclusion 3How do we solve it?

Ensure and Impartial and Speedy Tribunal

Ensure a Dedicated and Proactive Prosecution

Develop Measures to Make Evidence Available

Create Public Awareness and Participation

Implement Aggressive Government Policy Against It

Create an Independent Watchdog

Conclusion 4Paradigm Shift

Conclusion 4Paradigm Shift

ParanoiaViolence

Breeds hatredCorruption

Chaos

Injustice

Documents

Atty Al Parreno's Report on the Legal Audit of EJK cases 2001 - 2010