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FEATURES/MeloCommissionReport-2/Jan. 22, 2007
INDEPENDENT COMMISSION Created under Administrative Order No. 157 (s. 2006) R E P O R T x x x II. PRESENTATION OF WITNESSES/RESOURCE PERSONS A. Task Force Usig; PNP Deputy Director Gen. Avelino I. Razon Jr. 1. Introduction Task Force Usig (TFU) was created, upon instructions of President Gloria Macapagal-Arroyo, by Secretary Ronaldo V. Puno of the Department of Interior and Local Government, to investigate the media and political killings. 2. Statistics on killed activists and newsmen/media men TFU reported that from the 2001 to 2006, the total number of slain/party list members reached 111 while the total number of media men killed for the same period reached 26. TFU's statistics are much lower than the figures reported by Karapatan and Amnesty International for the same period. According to Karapatan, there was a total of 724 killings while Amnesty International claims that there was a total of 244 killings. Gen. Razon could not explain the difference in the figures because, according to him, Karapatan and Amnesty International have refused to meet with TFU. An updated report of TFU as of 23 November 2006 shows an increased total of 115 cases of killings of activists or militants. Out of this total, 46 cases are already “filed in court” and the remaining 69 are still under “extensive investigation and case build-up.” 2.1 Out of the 111 extrajudicial militant killings, 37 criminal complaints have been filed, while 74 cases are still under investigation. The low number of cases filed is allegedly due to: (1) lack of witnesses; (2) absence of sufficient evidence; and (3) the pendency of preliminary investigation. Gen. Razon further added that there is lack of confidence in the impartiality of police, fear of reprisal by other elements of society, and lack of interest of the victims' families. 2.2 Of the total of 26 media persons killed, twenty one (21) cases have been filed while five (5) are still under investigation. When asked to explain the substantial difference in the efficiency of the investigation on media men killings vis-à-vis militant persons, Gen. Razon said that in the case of media personnel, there are more witnesses and the police have received more cooperation from the media. 3. Cases solved Gen. Razon stated that the PNP deems a case solved in line with a NAPOLCOM Resolution stating that a “case is solved” when a suspect has been identified and charges have been filed before the prosecutor or the court, without prejudice to further investigation. However, Gen. Razon clarified that it is not an international definition. In truth, the “solution efficiency” of 29% is even deceptive or misleading. As stated in TFU's updated report “Out of the total 45 cases filed in court, the PNP has filed 5 cases with 8 arrested suspects who are all in jail; filed 25 cases under preliminary investigation, filed one case with surrendered suspect, while the suspects for the remaining 15 incidents are still at large and are subject of manhunt operations.” It is not, therefore, entirely accurate that 45 cases have already been filed in court since “25 cases [are] under preliminary investigation.” Thus, only 20 cases have actually been filed in court; 25 cases are only under preliminary investigation. These cases may yet be dismissed for lack of probable cause. Of the 20 cases filed in court, the accused or suspects have been arrested in only (6) cases. It cannot then be accurately said that the accused in the 27 cases have been brought to justice. Indeed, with respect to the 78 cases still under “extensive investigation,” it is even doubtful whether the perpetrators can even be identified. When asked for the meaning of the term of “under extensive investigation,” Gen. Razon said in each case, regular case conferences are held, more men are assigned to investigate and the organization of special teams such as TFU. Upon inquiry, he replied that TFU receives a monthly budget of P300,000.00. As an incentive, each member of the unit receives P5,000.00 for every suspect captured or case solved. Gen. Razon further testified that the PNP has not been successful in investigating the killings of militants because the CPP/NPA has terrorized the witnesses. 4. Reason for political killings. Gen. Razon admitted that TFU still cannot explain the reason for the increase in political killings . Thus, TFU fell short of its objective to “establish who is responsible for the killings” and to determine whether there is a pattern of serialized killings victimizing leftist activist and journalist.” 4.1 Gen. Razon refused to attribute the upsurge of political killings to the President's declaration of an all out war against the communist insurgents. 4.2 But he was quick to say that their records show that the killings are the result of CPP/NPA” own purging because of “financial opportunism.” Gen. Razon admitted that he agrees with the statement of Gen. Palparan that organizations such as Karapatan and Bayan Muna are “fronts” of the CPP-NPA, and that unless “we stop fooling ourselves that they are not fronts, we will not be able to solve the insurgency problem.” He further asserted that the NDF and Bayan Muna provide support, money, resources, and legal assistance to the CPP/NPA. However, when asked by Chairman Melo whether TFU has data on whom among those killed were finance officers, Gen. Razon could point to only two victims who were allegedly involved in financial operations. 5. TFU did not investigate Gen. Palparan, nor was he asked to account for his statements. 5.1 Notwithstanding the widespread reports that Gen. Palparan had been suspected of being involved in the extrajudicial killing of leftist activists, TFU never summoned Gen. Palparan for questioning or investigation. Gen. Razon made it clear that Gen. Palparan is not under the jurisdiction of the PNP or Task Force Usig. Moreover, he stated that there was still no basis/evidence to summon or investigate a personality such as Gen. Palparan. The PNP needs to operate within the law. Hence, it needs evidence before it can investigate officers. Atty. Vinluan pointed out, however, that the purpose of investigation is precisely to gather evidence. PNP does not need evidence before it can investigate Gen. Palparan. 5.2 Gen. Razon testified that TFU did not ask the Deputy Ombudsman for the Military to look into the alleged violations of Gen. Palparan and the military. However, he supposedly asked the head of the AFP to look into the participation of the military in the killings. Atty. Vinluan asked for copies of such letter-request. 6. Command responsibility TFU did not investigate higher-ranking military officials. Gen. Razon claimed that the PNP cannot go further than the suspect. If the Sergeant remains silent or refuses or fails to point to the involvement of a superior officer, the PNP cannot go higher. TFU pointed out that military operations are beyond the scope of the TFU. Since the military conducts its own operations. TFU investigated only four military personnel. 7. Personal opinion When asked by Chairman Melo whether he would have summoned Gen. Palparan if the latter were under his command, Gen. Razon replied that he would have immediately called Gen. Palparan “to explain why there was an apparent increase in the incident[s] in the areas where he was assigned.” But Gen. Razon also said that Gen. Palparan will not incriminate himself. 8. Recommendations of TFU To conclude his testimony, General Razon made the following recommendations for the successful investigation and prevention of future killings: 8.1 Closer collaboration of law enforcement/prosecution without sacrificing their impartiality; 8.2 Faster issuance of warrants of arrests; 8.3 Expedite conduct of preliminary investigations; 8.4 Strengthen Witness Protection Program, increase budget to provide economic opportunities for families. B. AFP Chief of Staff Gen. Hermogenes Esperon: 1. Opening Statement: AFP Policy and Practice Gen. Esperon sternly declared that the AFP does not condone or employ summary executions as a matter of policy and practice. Neither does it tolerate abuses, crimes, or summary executions. The AFP is a professional institution, which does not engage in summary executions. The AFP, in fact, operates on the basis of the Constitution and thus holds the value of human life to the highest degree. Several publications have been made to educate AFP's soldiers: • AFP Standing Rules of Engagement • Protection of Non-Combatants in the Philippines • The Philippine Army Soldiers' Handbook on Human Rights and International Humanitarian Law • Primer on the Comprehensive Agreement on the Restrict for Human Rights and International Humanitarian Law • Rules of Behavior on Combat • Love of Country/Pagmamahal sa Bayan • Code of Ethics Gen. Esperon further said that it is unfair to link the AFP to all political killings just because the political inclination of the victims is toward the left. He stated that the AFP has been stereotyped as the perpetrator of the extra-judicial killings of journalists and militants. Subjecting the AFP to a trial by publicity is a modus-operandi by the CPP-NPA. However, Gen. Esperon refused to categorically state that the AFP has absolutely nothing to do with the killings of activists, as such statement might be too presumptuous. 2. Reaction to Gen. Jovito Palparan's Statement “Bayan, Karapatan, Anak ng Bayan are all front organizations of the CPP-NPA with Bayan Muna as the umbrella organization” Gen. Esperon agreed that there is truth to the said statement. He claimed that the CPP-NPA uses as a shield the National Democratic Front (NDF), which is an aggrupation of legal organizations that are infiltrated with members of the CPP-NPA. For example, Bayan Muna, while being a legal organization has elements that are also members of the CPP-NPA. These members are conveniently hiding under a legal organization to serve the ends of the CPP. Therefore, these organizations become the front organizations of the armed struggle of the NPA. What is meant by the term “front organizations” is that many members of the legal organization are identified members of the NPA. These members, who are identified with the CPP-NPA, are fooling these (legal) organizations to be the umbrella of the CPP-NPA and work ultimately, wittingly or unwittingly, for the cause of the CPP-NPA. 3. Presentation entitled “Knowing the Enemy” Gen. Esperon confirmed the existence of an AFP Briefing presentation entitled “Knowing the Enemy” which explicitly accuses progressive leftist organizations of being front organizations of the CPP-NPA. 4. AFP considers the CPP-NPA as “enemy of the state” The CPP-NPA is treated as an enemy of the state because the Philippines is a democratic state. The CPP-NPA wants to supplant our democratic way of life with a communist ideology. However, Gen. Esperon was quick to clarify that it does not follow that the AFP similarly treats some left-wing organizations (which are considered front organizations of the CPP-NPA) as enemies of the state because these are legal organizations and serve a function in a democratic way of life. He added that Gen. Palparan's statement that Congressmen Satur Ocampo and Teddy Casiño are “enemies of the state” might have been prompted by the fact that the former was a known member of the CPP. 5. Reaction to Gen. Palparan's statement, “Even though they are in government, as Congress representatives, no matter what appearance they take, they are still enemies of the State,” as reported in the Philippine Daily Inquirer, May 16, 2006, issue. Gen. Esperon said he has not been given a manuscript that contained the said statement. He added that there could be truth to the matter in light of a narration made by a certain Mr. Piedad, a former NPA Commander and a witness to the mass graves in Inupakan, Leyte. According to Mr. Piedad, the orders for the mass killings came from NPA personalities which are known in the filed as Ka Gres, Joma Sison, Ka Louie and Ka Satur. In another incident at Aurora, a letter was uncovered which mentions the name “Ka Satur” as responsible for the purchase of Five Million Pesos (P5,000,000.00) worth of explosives. Though the real identity of “Ka Satur” is unknown, it seems to be a popular name in the underground. Thus, this could be the basis for Gen. Palparan's statements. 6. Local Communist Movement (LCM)- Influenced versus LCM-Infiltrated (as based on an AFP lecture) Indicators of an LCM-Influenced organization: • created or established by the CPP-NPA-NDF and other factions of the LCM; • under the influence of a national democratic underground mass organization of the CPP or its counterpart in the reactionist faction; • adapts the NDF twelve-point program of the actions and similar programs of the other LCM faction; • actively involved in multi-sectoral rallies, wherein issues raised are beyond the traditional interest of the particular society it represents; • radical and violent in the conduct of mass protest action. A sectoral organization is classified as a LCM-Infiltrated if it satisfies any two of the following indicators: • Not categorized as LCM-Influenced but is actively involved in party-list activities; • Under the influence of a national democratic underground mass organization of the CPP or its counterpart in the reactionist faction; • Its aims, objectives, policies and/or pronouncements are similar to the political lines expounded by the LCM; • Activities are similar or complimentary to those of the LCM; • Maintains a close relationship with suspected LCM personalities and/or organizations. Gen. Esperon denied knowing the source of the lecture. However, he said that those are ways that could be used in classifying organizations. The structure of the CPP-NPA-NDF is as follows: The CPP is the brain; the NPA is the armed group; and the NDF is the shield. The NDF is composed of legal organizations that may have been infiltrated by the CPP and NPA. 7. President Arroyo's order to wage an all-out war against the CPP-NPA as a cause for the rise in activist killings Gen. Esperon explained that an “all-out war” means waging a holistic war. The strength of the military will bear down upon the enemy and at the same time, the various government agencies should also contribute in solving the root causes of insurgency such as poverty and injustice. The rise of activist killings has nothing to do with the marching orders of the President. The AFP is currently deploying forces to address the armed threat. At the same time, it is also implementing projects, called Kalayaan Barangay Program, which brings in small-scale development to 600 barangays nationwide. The program involves infrastructure development, day care, etc. 8. One of the basic strategies of the total war is to neutralize the leadership of the Communist Terrorist Movement (CTM) or the Local Communist Movement (LCM) Gen. Esperon explained that the AFP aims to neutralize the leaders of the guerilla front, who are bona fide members of the NPA as evidenced by captured documents. 9. Foreign Support for CPP-NP A Gen. Esperon manifested that the AFP has “captured” several documents which prove that the CPP-NPA had been receiving support from foreign organizations. Further, the purpose of Jose Maria Sison and Luis Jalandoni for being out of the country is to get support from outside the country for the local communist movement. Gen. Esperon reported, however, that since the CPP-NPA has been classified as a foreign terrorist organization by the United States and the European Union, much of their foreign funding has dried up. 10. Investigating encounters between the AFP and the CPP-NPA When asked if the AFP has investigated killings during combat encounters, Gen. Esperon mentioned that all encounters are treated as a scene of crime and is conducted by the scene of crime operations (SOCO), which is a joint undertaking of the AFP and the PNP. However, it has no formal organization. Under Executive Order No. 546, the PNP has become an equal partner in counter-insurgency. 11. Procedure for complaints filed When asked about the AFP's investigations into killings, Gen. Esperon stated that before an investigation can commence, a complaint must first be filed. From the years 2000 to 2006, a total of 770 complaints were investigated. Complaints come from the Commission on Human Rights, the victims themselves, foreign or non-governmental organizations, the Department of Foreign Affairs, or the joint-monitoring committee. Thereafter, the report of the investigation will be submitted to the General Headquarters. However, Gen. Esperon added that although the AFP entertains the complaints filed, it is the PNP which is the rightful or correct agency to proceed with the criminal investigation, with the AFP simply cooperating with the PNP by giving inputs and making its personnel available for investigation. 12. List of NPA victims To emphasize his point that the CPP-NPA is the party to blame for the activist and media killings, Gen. Esperon stated that AFP records show that a total of 1,227 persons have been liquidated by the NPA. Out of the 1,227, 384 were AFP and PNP officers or personnel while 843 were civilians. Interestingly, in the list of liquidated civilians, eight (8) of them were also known to be members of the group Karapatan. 13. Report of Task Force Usig In the Report, a total of 111 militants were slain, six of whom were slain by military elements (2 military, 1 CAFGU, 3 military assets) and 10 other cases were allegedly linked to the military. However, these cases have not been referred to the AFP for investigation. Gen. Esperon relayed his conversation with Gen. Razon wherein the latter mentioned that 15 cases were perpetrated by the NPA. 14. “Ang Tala” “Ang Tala” is an official publication of the AFP which is published by the Civil Relations Service. The magazine may contain articles that do not reflect the official position of the AFP. Gen. Esperon admitted having heard about the 2002 article written by Col. John Bonatus which clamed that the NDF formed Bayan Muna and that its growing influence in the electoral and parliamentary arena is a national security problem. However, he said that he could not comment thereon as he has not read it. 15. AFP Investigation of Gen. Jovito Palparan It was noted that there was an increase in activist killings in the areas where Gen. Palparan was assigned. Thus, it earned him the moniker “Butcher “ or “Berdugo.” Gen. Esperon said that an internal investigation was conducted by the AFP. However, no formal investigation was conducted since no formal complaints were filed against Gen. Palparan. The internal investigations conducted were informal in nature and thus, no records were kept. Moreover, when the reports came out in the media, Task Force Usig was already organized. Thus, the AFP deemed it more appropriate to let the task force conduct any investigation lest the AFP be accused of whitewashing the matter. Additionally, Gen. Esperon said that to investigate Gen. Palparan during the time when he was neutralizing the NPA would have been counter-productive. Although Gen. Esperon admitted that the AFP has the power and authority to investigate if any of its officers has violated certain rules and regulations, such investigation may, however, muddle or obstruct any on-going operation. Gen. Esperon added that the AFP has confidence in the duly constituted investigative body. Atty. Vinluan mentioned an incident in Mindoro wherein Eden Marcellana and Eddie Gumanoy were abducted by 20 men believed to be members of the military and military assets. Gen. Esperon could not say whether an investigation was conducted on the matter, reasoning that he was stationed in Basilan at the time the incident happened. 16. Reaction on the following statements made by Gen. Palparan: General Esperon was asked for his reaction to General Palparan's public image and statements appearing in media reports, among which were as follows: Potential vigilante style actions by anti-communist elements outside the military organization cannot be stopped completely and the killing of activists are necessary incident to conflict. I cannot order my soldiers to kill, it's their judgment call, they can do it on their own. I encourage people victimized by communist rebels to get even . The killings are being attributed to me but I did not kill them, I just inspire the trigger men. Their (three student doing research work outside Manila) disappearance is good for us but as to who abducted them we don't know. Gen. Esperon refused to answer any question in relation to Gen. Palparan's statements, reasoning that Gen. Palparan himself should be the one to answer the same. Chairman Melo asked Gen. Esperon if it occurred to him to call Gen. Palparan to explain his statements. Gen. Esperon related that he called Gen. Palparan regarding the three (3) students who disappeared. Gen. Palparan denied any involvement and expressed his willingness to submit to any investigation by the Task Force Usig. Gen. Esperon added that he recalled calling Gen. Palparan about a statement (he forgot which) and the latter said he was misquoted by the newspaper. Gen. Esperon advised him to be careful with his statements. Gen. Esperon said that assuming the above-statements were true, those “are not right words that should come from an officer.” He added that the statements, if true, do not reflect well on the AFP, but it does not mean that the military should be blamed for the killings. It appears that the AFP did not investigate Gen. Palparan on the matter on the ground that no formal complaint was lodged. 17. Command Responsibility When asked about his concept of command responsibility, Gen. Esperon stated that it means that a commander is responsible for what his men do or fail to do in terms of accomplishing the mission. It does not include criminal liability of the superior if his men or subordinates commit an illegal act that is criminal in nature. Only the subordinate should be liable for the criminal act and not the superior commander. The commander is responsible only for acts he authorized. In relation to reported abuses allegedly committed by Gen. Palparan, Gen. Esperon said that these are only accusations and that no complaints were filed. Moreover, he reiterated that the matter is left to be investigated by Task Force Usig and the Commission. 18. Actions that may be undertaken by the AFP to prevent extrajudicial killings When asked what the AFP is doing to prevent extrajudicial killings, Gen. Esperon simply mentioned that the AFP has its rules on engagement and that the AFP conducts courses which have a module on human rights and there are several publications to reinforce AFP's observance of human rights. Atty. Vinluan suggested that in order to stop extrajudicial killings, the military should correct the impression that left wing organizations, such as Bayan Muna, Gabriela, and Anak Pawis, are fronts of the CPP-NPA. Gen. Esperon countered that Satur Ocampo should denounce the NPA. By doing so, the AFP will know that previous members of the CPP-NPA have truly severed their relations with the underground. Gen. Esperon, at this point, presented to the Commission copies of the following books: -“Breaking Through” by Joel Rocamora –Exhibit “J” -“Suffer Thy Comrades” by Robert Francis Garcia – Exhibit “K” -“The Philippine Revolutionary Movement Combining Armed and Legal Struggles” by Luis Jalandoni – Exhibit “L” 19. Coordination with Task force Usig Gen. Esperon said that AFP's lack of coordination with Task Force Usig is intentional as it did not want to influence the latter's report. Further, coordination between the two bodies might be misconstrued. However, Gen. Esperon added that just the morning he testified, he requested Gen. Razon to furnish the AFP with a report so that it can be used as a basis for its own actions. He said that is it possible that the evaluation of Task Force Usig may be different from the evaluation of the AFP. However, in the end, it will be the courts which will decide should cases be filed. 20. AFP's goal of beating the NPA by 2010 as reported in the Philippine Star Gen. Esperon declined to discuss the operational details on how to defeat the NPA. However, he said that AFP will give developmental activities to communities and try to win the hearts and minds of the people similar to the case of Bohol. Gen. Esperon explained that due to the efforts of the military, Bohol is now free of roaming NPAs and has become a tourist spot. He added that the people of Bohol like Gen. Palparan. 21. Summary/Notable Matters: a. The AFP did not conduct any formal investigation of suspects, but admits a rise in reported killings. b. Gen. Esperon is convinced that the recent activist and journalist killings were carried out by the CPP-NPA as part of a “purge.” Captured documents supposedly prove this. The full contents or a copy of the documents, however, were not presented to the Commission. c. Likewise, Gen. Esperon was firm in his position that the victims were members of the CPP/NPA and that the activist organizations, while legal, are infiltrated by the CPP-NPA. He stated that these organizations are being manipulated by the NPA. d. Gen. Esperon admitted receiving reports about Palparan being suspected of conducting extrajudicial killings, being called Berdugo, etc. but he attributed this to propaganda of CPP/NPA. e. Gen. Esperon admitted that no formal investigation was conducted by the AFP on Gen. Palparan, simply because no complaint was filed. He mentioned that he merely called Gen. Palparan on his cellphone and did not go beyond the latter's denials. (Back to: Melo Commission Report-1 -- Introduction) * * * (POSTSCRIPT comes out in the Philippine STAR every Tuesday, Thursday and Sunday. Its online edition is uploaded the night before at http://www.manilamail.com)
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