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CHR pushes raps vs cops in deadly Parañaque shootout


(Updated 2:00 a.m.) The Commission on Human Rights (CHR) has recommended the filing of criminal and administrative charges against 22 policemen implicated in the December 2008 Parañaque shootout that claimed the lives of 16 people, including a seven-year old girl. In a 64-page resolution, CHR Commissioner Leila de Lima said that based on forensic ballistic evidence and witnesses’ accounts, some members of the Philippine National Police's (PNP) Highway Patrol Group (HPG) led by Chief Inspector Joel Mendoza were culpable for multiple human rights violation, incompetence, gross negligence, and obstruction of justice. “The core finding is that multiple human rights violation has been committed including arbitrary killings, deprivation of the victims' rights to be secure, and failure to respect the right to be presumed innocent," she said.
A report by GMA News’ Claire Delfin said De Lima also recommended the comprehensive review of the police’s operational standards to prevent a repeat of the tragic incident, the passage of a bill that will require the mandatory autopsy of victims of violent or wrongful deaths, and the modernization of the police’s firearms and ballistic data base. For its part, the HPG said it is ready to face the recommendations of the CHR even as it claimed innocence for its members involved in the shootout. “We would like to maintain [that the] operation was legitimate. Our personnel involved there acted in the lawful performance of their duties," HPG spokesperson Superintendent Edwin Bucatan said in the newscast. He added that while the police were saddened by the deaths of the civilians, it should not be forgotten that one of their men also died in line of duty, while two were seriously wounded in the firefight, including Senior Supt. Eleuterio Gutierrez, a bemedaled cop who was rendered disabled after he sustained gunshot wound in the head. The CHR recommendations will be submitted to the PNP, National Police Commission (Napolcom), Department of Justice, the Office of the Ombudsman, and the Congress for necessary action. Justice Secretary Agnes Devanadera, however, said in a separate interview that she is yet to confer with the department’s prosecution team on recommended criminal cases against the involved police officers. PNP spokesperson Leonardo Espina could not be reached for comment as calls to his phone went unanswered. Mistaken for robbers The exchange of fire between cops and suspected members of Waray-Waray/Ozamis robbery-holdup group in United Parañaque Subdivision last Dec. 5, 2008 resulted in the death of 16 people. Five of them were civilians, including Alfonso de Vera and his 7-year-old daughter Lia Alyana. [See: 17 killed in shootout in Sucat area, Parañaque] De Vera's wife, Lilian, expressed elation with the decision, a radio dzBB report said. Nonetheless, she said she prefers it if the cops were formally charged for their supposed violations. “Dapat may mangyari sa kaso natin para mabigyan ng lesson yung mga police (Our case should amount to something, to give those policemen a lesson)," De Vera said in the in the television interview. Lilian had earlier filed separate murder charges against 29 policemen in connection with the shootout. The policemen were also accused of violating the PNP's rules of engagement. [See: Multiple murder raps filed vs 29 cops over Parañaque shootout] In her complaint, Lilian said the policemen may have mistaken her husband's vehicle for one of the getaway vans used by the suspects, who had engaged the law enforcers in a running gun battle. She said that based on the statements of witnesses, her husband and daughter were on board their Isuzu Crosswind (XEW-327) van when several police officers wearing Regional Special Action Force (RSAF) vests fired at them inside the United Parañaque Subdivision IV in Sucat district. She further claimed that Alfonso went out of the vehicle, moved to the front passenger side where Lia was sitting, and carried her out to safety as she was bleeding at that time. They were however, pursued and shot by the police. Among those named respondents in Lilia's complaint were: Deputy Director General Leopoldo Bataoil, head of the Philippine National Police’s Directorate for Integrated Police Operations in Northern Luzon; Chief Superintendent Leocadio Santiago Jr., head of the PNP-Special Action Force (SAF); and Chief Superintendent Perfecto Palad, head of the PNP Highway Patrol Group. In an earlier decision, the PNP has recommended the filing of administrative charges against nine cops over the deadly incident. [See: Admin charges recommended for 9 cops in P'que shootout] Facing possible neglect of duty and grave misconduct charges were: Mendoza, Chief Inspector Lawrence Cajipe, Inspector Gerardo Balatucan, PO3 Jolito Mamanao Jr, PO3 Fernando Rey Gapuz, PO2 Eduardo Blanco, PO2 Edwin Santos at PO1 Josil Rey Lucena. Possible human rights violation meanwhile was recommended against P01 Elybeer Cayaban. Second CHR resolution This is the second resolution that the CHR issued since last week, as de Lima promised more decisions from the agency on human rights issues throughout the year. In a resolution last week, the CHR also recommended the filing of criminal and administrative charges against police officers who allegedly illegally detained and tortured an elder activist. [See: CHR urges filing of charges vs AFP, PNP in ‘torture’ of Moro activist] The victim, 50-year-old Mohammad Diya Hamja, is a human rights activist apprehended by armed men in civilian clothes in Mindanao Ave. in Maharlika Village on Nov. 28, 2008. He was accidentally found by the CHR’s investigating team in Camp Crame six days after he was arrested. The CHR subsequently sided with Diya’s claim that he was held incommunicado and tortured by officers of the PNP, Criminal Investigation and Detection Group, Naval Intelligence and Security Force, and the National Intelligence Coordinating Agency. The CHR has been actively doing independent investigations on cases of human rights violations, such as the alleged spate of killings by the so-called Davao Death Squad, and the massacre in Maguindanao. [See: CHR to probe vigilante killings in Davao and CHR to dig for possible 58th massacre victim] - Aie Balagtas See/RSJ/KBK with report from Jerrie M. Abella/JV, GMANews.TV
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