Agency would not hesitate to bring massacre case to international court

The Commission on Human Rights (CHR) on Wednesday said it would not hesitate to endorse the Maguindanao slay case to the International Court of Justice (ICJ) if the Philippine government fails to act swiftly on the matter. "It's an option to go the international court if domestic remedies don't work," CHR chairperson Leila de Lima said at a press conference in Makati City. “But we have to give a chance to our domestic remedies and exhaust all [domestic] means." In the meantime, the “advantage" of bringing the matter up to an international body is “being pondered," said Lawyer Harry Roque of CenterLaw, which helps the CHR in the parallel probe. But he doubted whether the Arroyo government would bother seeking the ICJ’s assistance since it would likely cause “embarrassment" for the administration. The International Court of Justice was formed in June 1945 to settle legal disputes submitted to it by states and give advisory opinions on legal questions. If ever the executive department refuses to take action, the CHR – an independent office created through the 1987 Philippine Constitution – could just be the agency to bring up the matter to the international court. If the ICJ takes up the case, it would likely be considered as a "crime against humanity," rather than genocide, foreign forensic experts pointed out during the same press conference. Save for a few, Maguindanao massacre victims belonged to a convoy heading for the Ampatuan turf of Shariff Aguak. The group accompanied the wife of gubernatorial aspirant Ismael "Toto" Mangudadatu who would represent her husband once she files his candidacy. Te convoy included members of the Mangudadatu clan, including Toto's wife and two sisters, lawyers, supporters, and journalists. Motorists trailing the convoy were also killed. [See: PNP: Massacre in Ampatuan town carried out by 161 armed men] Disturbed In its parallel investigation, the CHR and foreign experts led by Peruvian Jose Pablo Baraybay found that the crime scene had been "disturbed" making it difficult to undertake follow-up investigations. [See: Probe set for 200 more murders in Maguindanao] Media groups earlier claimed that authorities failed to properly secure the massacre site where potential evidence against the perpetrators can be found. The CHR and the foreign experts also lamented the "impunity and ambivalence" that seemed to have dominated the case. "How is it possible that so many people were stopped? How can you fire so many rounds that can be heard in surrounding areas and the response only came five hours later," said Baraybar. Quoting local police officials, Baraybay said the convoy was flagged down at the checkpoint at about 10 a.m. of November 23 along a highway in Barangay Salman in Ampatuan town. Given that the road was bumpy and located some three kilometers from the highway, investigators believed it took the suspects between 45 minutes to one hour to bring their captives to the hilly massacre site – which would have already been about 11 a.m. of the same day. But the military, believed to be the first to respond to the crime, arrived at the scene at around 3 p.m. [See: The Ampatuan Massacre: A map and a timeline] The government has earlier lauded the military for getting to the crime scene so early that the suspects had to prematurely drop their activity – that is burying their victims – and scampered away from the site. When authorities arrived, they discovered some bodies lying around while some were beside or inside the vehicles belonging to the convoy. Climate of fear But de Lima stressed that "the promptness of response is a great issue here," given that a military detachment was located not too far from the site. "A climate of fear has been tolerated so accountability is the challenge," De Lima said. The CHR said it would be sharing the results of their investigation to the Department of Justice, which has lodged murder charges against members of the Ampatuan clan, including its patriarch Maguindanao Gov. Andal Ampatuan Sr. In return, the CHR has also requested the Philippine National Police to furnish the rights body with copies of the results of its official investigation. After completing its probe, the CHR hopes to make recommendations for the prosecution of suspects in the grisly massacre. Lawyer Harry Roque, who represents 10 of the 30 journalists killed in the incident, said the climate of fear was not only present among villagers but has trickled down to the very families of the victims. Families of victims refused to be involved in any of the cases stemming from the November 23 massacre for fear that perpetrators would get back at them next, Roque said. RJAB Jr., GMANews.TV