Post by admin on Dec 14, 2012 11:45:59 GMT 8
CHR recommends filing of charges vs soldiers involved in killing of botanist
By VERA Files | The Inbox
Dec 11, 2012
By Mylah Reyes-Roque,VERA Files
The Commission on Human Rights is recommending the filing of criminal and administrative charges against soldiers involved in the shooting of botanist Leonard Co and two others based on findings that run counter to initial reports released by a Department of Justice panel.
CHR chairperson Loretta Ann Rosales announced her recommendation at the launching of the 2nd National International Humanitarian Law (IHL) Summit at the Mabini building in Malacanang Tuesday morning.
Rosales said the killing of Co is a war crime or "crime against International Humanitarian Law" because, she said, the soldiers "failed to distinguish between a combatant and a noncombatant."
She said the commission will also recommend that charges be filed against the soldiers' superiors under the doctrine of command responsibility.
Co, forest guard Sofronio Cortez and farmer Julius Borromeo were shot on Nov. 15, 2010 in Kananga, Leyte province in an incident that the military referred to as a crossfire between the Army's 19th Infantry Battalion and the New People's Army.
"They were claiming na NPA 'yun, allegedly NPA, pero nakita ba nila (but could the soldiers see well) at 50 meters? Obviously they could not distinguish kasi (because they were) civilians."
Rosales pointed out that the incident was a violation of the "principle of distinction" under the Geneva Convention, which is embodied in Republic Act 98511, an act defining and penalizing crimes against IHL, genocide and other crimes against humanity, organizing jurisdiction, designating special courts, and for related purposes.
The law was already effective the day Co was killed.
CHR Chair Etta Rosales and other participants of the IHL summit in Malacanang
The DOJ fact-finding panel released a report on Jan. 20, 2011 that cleared the military of wrongdoing. The DOJ, however, has yet to release the results of its preliminary investigation.
Rosales insisted that aside from the crossfire, there is also a second violation of the principle.
"Nakita na nilang sugatan, interview pa sila ng interview (The soldiers saw Co and others had already been wounded, but they kept interviewing them), they kept on interrogating and it took them 30 minutes before they brought the wounded to the hospital," she said.
Rosales added that forensic pathologist Raquel Fortun had said that Co could have lived if he had been brought to the hospital sooner.
Brig. Gen. Domingo Tutaan of the AFP Human Rights Office said the military will cooperate with the investigation.
Tutaan was among the resource speakers in the summit, which was participated in by various government offices and civil society groups.
Representatives from the International Committee of the Red Cross also participated, in its capacity as guardian of the implementation of the Geneva Convention. Representatives of various embassies led by the ambassadors of Switzerland and the Netherlands were also present, as IHL involves the implementation of treaty obligations.
The multisectoral summit is expected to come up with a Philippine program of action on effecting IHL.
Prof. Harry Roque, co-chair of the Philippine Coalition on the International Criminal Court, delivered the keynote message, while Undersecretary Maria Cleofe Sandoval of the Office of the Presidential Adviser on the Peace Process discussed the Framework Agreement on the Bangsamoro.
(VERA Files is put out by veteran journalists taking a deeper look at current issues. Vera is Latin for "true.")
ph.news.yahoo.com/blogs/the-inbox/chr-recommends-filing-charges-vs-soldiers-involved-killing-090457105.html
By VERA Files | The Inbox
Dec 11, 2012
By Mylah Reyes-Roque,VERA Files
The Commission on Human Rights is recommending the filing of criminal and administrative charges against soldiers involved in the shooting of botanist Leonard Co and two others based on findings that run counter to initial reports released by a Department of Justice panel.
CHR chairperson Loretta Ann Rosales announced her recommendation at the launching of the 2nd National International Humanitarian Law (IHL) Summit at the Mabini building in Malacanang Tuesday morning.
Rosales said the killing of Co is a war crime or "crime against International Humanitarian Law" because, she said, the soldiers "failed to distinguish between a combatant and a noncombatant."
She said the commission will also recommend that charges be filed against the soldiers' superiors under the doctrine of command responsibility.
Co, forest guard Sofronio Cortez and farmer Julius Borromeo were shot on Nov. 15, 2010 in Kananga, Leyte province in an incident that the military referred to as a crossfire between the Army's 19th Infantry Battalion and the New People's Army.
"They were claiming na NPA 'yun, allegedly NPA, pero nakita ba nila (but could the soldiers see well) at 50 meters? Obviously they could not distinguish kasi (because they were) civilians."
Rosales pointed out that the incident was a violation of the "principle of distinction" under the Geneva Convention, which is embodied in Republic Act 98511, an act defining and penalizing crimes against IHL, genocide and other crimes against humanity, organizing jurisdiction, designating special courts, and for related purposes.
The law was already effective the day Co was killed.
CHR Chair Etta Rosales and other participants of the IHL summit in Malacanang
The DOJ fact-finding panel released a report on Jan. 20, 2011 that cleared the military of wrongdoing. The DOJ, however, has yet to release the results of its preliminary investigation.
Rosales insisted that aside from the crossfire, there is also a second violation of the principle.
"Nakita na nilang sugatan, interview pa sila ng interview (The soldiers saw Co and others had already been wounded, but they kept interviewing them), they kept on interrogating and it took them 30 minutes before they brought the wounded to the hospital," she said.
Rosales added that forensic pathologist Raquel Fortun had said that Co could have lived if he had been brought to the hospital sooner.
Brig. Gen. Domingo Tutaan of the AFP Human Rights Office said the military will cooperate with the investigation.
Tutaan was among the resource speakers in the summit, which was participated in by various government offices and civil society groups.
Representatives from the International Committee of the Red Cross also participated, in its capacity as guardian of the implementation of the Geneva Convention. Representatives of various embassies led by the ambassadors of Switzerland and the Netherlands were also present, as IHL involves the implementation of treaty obligations.
The multisectoral summit is expected to come up with a Philippine program of action on effecting IHL.
Prof. Harry Roque, co-chair of the Philippine Coalition on the International Criminal Court, delivered the keynote message, while Undersecretary Maria Cleofe Sandoval of the Office of the Presidential Adviser on the Peace Process discussed the Framework Agreement on the Bangsamoro.
(VERA Files is put out by veteran journalists taking a deeper look at current issues. Vera is Latin for "true.")
ph.news.yahoo.com/blogs/the-inbox/chr-recommends-filing-charges-vs-soldiers-involved-killing-090457105.html