Melo Commission: Palparan could be held liable for killings

The Melo Commission said Thursday retired Army Maj. Gen. Jovito Palparan and some of his superiors could be held liable for failing to prevent, punish or condemn the killing of political activists under the principle of command responsibility. The military dismissed it as unfair. Armed Forces Chief Gen. Hermogenes Esperon admitted receiving reports linking Palparan to the killings, but dismissed them as communist propaganda. He said no formal investigation of Palparan was conducted by the military because no complaint was filed. Malacañang released copies of the 86-page report, plus annexes that included reactions from Armed Forces chief Gen. Hermogenes Esperon Jr and Palparan. Army blamed The report said “it being well-nigh obvious that some elements in the military were behind the killings of activists, it becomes equally plain that some ranking officers in the Army have not performed their function of investigating or preventing the said killings, as well as punishing their perpetrators." It attributed the failure to act on the misconception that command responsibility extends only to acts ordered or authorized by the commander, and not to criminal acts of his subordinates. The report said no evidence was presented to the commission that Palparan was called upon to account for and to explain his activities by his superiors. It noted that Palparan’s statements that he could have inspired some quarters to go after the activists and that some of his men might have been involved “could have provoked disciplinary action against him, not to mention court martial, or violation of the Articles of War." The commission brushed aside arguments that no action was taken against Palparan because there was no complaint against him. Arroyo cleared The commission cleared President Gloria Macapagal Arroyo of any liability, saying she recognized the need to address the disturbing rise in the number of killings of media persons and activists by creating the Task Force Usig and the Melo Commission. It deplored the activist groups such as Karapatan and Bayan Muna for declining to present their evidence, saying it would have been to their best interest if they submitted evidence and that it would have proven their legitimacy and dispelled allegations that they are merely front organizations of the New People’s Army. The commission also said there is some “circumstantial evidence" linking groups within or connected to the military to the spate of killings. It said the only explanation for most of the deaths is that the victims were allegedly rebels or connected with the CPP-NPA, whose members have been tagged as enemies of the state who should be “neutralized." Victims mostly students The report said Palparan told the commission that he cannot categorically deny that some of his men might have been behind some of the killings. It said while the military argued that the extrajudicial killings were part of a purge done by the Communist Party of the Philippines-New People’s Army (CPP-NPA), it did not present any witnesses or the “captured documents" detailing the plans of the guerrillas. The commission said the overwhelming majority of victims were “mere students, peasants or laborers, and thus were highly unlikely to have committed any financial opportunism" against the CPP-NPA. It noted that the military has not done anything to promote or encourage such rift within the communist organization when it would greatly benefit from it. “More telling, however, is the fact that General Palparan himself does not believe in this ‘purge’ theory, declaring that he had no reason to believe that the killings were perpetrated by the CPP-NPA," it said. It said this leaves only the military, or groups within it, as the one responsible for the killings because it has the capacity, organization, and the equipment to do so. “It’s members roam the countryside free from restrictions pursuant to their ‘all-out war’ on communism," it said. It added that if there were assassins from the NPA roaming the countryside and targeting former cadres, the military should be the first to know. But it said the military did not prevent or investigate the rising number of killings. Unsual trend of killings The Melo Commission said there is an “unusual trend" of rising number of activist killings in areas where Palparan was assigned. It said Palparan, in his statements before the media, admitted to having openly encouraged persons to perform extrajudicial killings. It said Palparan condoned the killings by failing to properly investigate the possibility that his men might have been behind them. It said Palparan admitted to having helped create the barangay defense forces in order to prevent the entry of the CPP-NPA in certain areas. It said that such groups are “equivalent to an unofficial civilian militia" that “can easily degenerate into a mindless armed mob." “In this way, Gen. Palparan contributed to the extrajudicial killings by creating ideal situations for their commission and by indirectly encouraging them," it said. However, the Melo Commission said it could not recommend prosecution of persons responsible for the killings because the militant groups did not present any evidence. “The circumstantial evidence presented before the commission and the inferences it draws there from are probably inadequate to support a criminal conviction," it said. The Melo Commission recommended that: * President Arroyo reiterate in the strongest possible manner her expressions of determination and firm resolve to stop the killings; * A civilian body independent of the Armed Forces should be created to investigate the killings; * The Philippine National Police Law be amended and strengthened to ensure the thorough and impartial investigation of erring police officers. Prosecutors must be assigned to review all complaints to evaluate the sufficiency of evidence to determine probable cause and possible conviction; * The NBI take over the investigation of the case if there is no positive result yet after six months; * The justice department create a special team of prosecutors to handle the trial of the said cases and request the Supreme Court to designate special courts to try the cases; * The Witness Protection Program be enhanced to guarantee the safety of witnesses to the killings; * The President propose a law requiring the police and military to maintain strict chain-of-command responsibility regarding extrajudicial killings and other offenses committed by their subordinates; and that * The investigative capabilities of the PNP and NBI be improved by upgrading their equipment and strengthening the information reward system; Mrs Arroyo, in a statement, said “government is not in denial, these killings will be resolved and the Armed Forces shall continue to be a vanguard for freedom." She said the release of the Melo Commission report “proves beyond doubt that the Philippine government upholds democracy, human rights and press freedom." “This is about right and wrong, not about left and right," she said. Mrs Arroyo said 99 percent of soldiers are good and valiant and are on alert to safeguard the people and the nation. Press Secretary Ignacio Bunye admitted that there are “some bad eggs" in the military. “We are pained by the fact that some of these elements may have been involved," he said. Executive Secretary Eduardo Ermita said there is a video of CPP founder Jose Ma. Sison acknowledging his groups front organizations in an interview with Belgian journalists. He said the video was also shown to UN special rapporteur on extrajudicial killings Philip Alston. - GMANews.TV