Japan Group Releases Report on Killings in Philippines

The State of the Philippines must, first decline its state policy concerning “neutralization” officially, and sincerely investigate all human rights violations within all governmental organs.

(2) Obligation to Ensure Right to Life

As a State party to the ICCPR, the State of the Philippines has a legal duty to ensure the right to life.

The Inter-American Court of Human Rights held, in Velásquez Rodríguez v. Honduras168as follows:

“174. The State has a legal duty to take reasonable steps to prevent human rights violations and to use the means at its disposal to carry out a serious investigation of violations committed within its jurisdiction, to identify those responsible, to impose the appropriate punishment and to ensure the victim adequate compensation.”

The Court ruled that the Inter-American Convention requires states to investigate every situation violating the rights protected by the Convention169 and the investigation must be always effective and never be a mere formality and carried out under the recognition of its legal duty.170

The Court ruled that the Inter-American Convention requires states to investigate every situation violating the rights protected by the Convention171 and the investigation must be always effective and never be merely a formality, and it should be carried out under the recognition of its legal duty.172

In the case of extrajudicial killings and enforced disappearances in the Philippines, no matter how the perpetrators are identified, the government must investigate thoroughly, identify the responsible persons, not only the actual perpetrators, but also identifying the chain of command, as well as ensuring reparations for the victims.

2. Right to an Effective Remedy

Both International Human Rights Law and International Humanitarian Law provide the right to an effective remedy. In 2005, the UN General Assembly adopted a resolution on Extrajudicial, Summary or Arbitrary Execution which provides state obligation to compensate victims of extrajudicial killings. The UN ”[r]eiterates the obligation of all Governments to […] grant adequate compensation within a reasonable time to the victims or their families”173

Article 2(3) of the ICCPR also obliged state parties to ensure the right to effective remedy to individuals whose Covenant rights have been violated. The scope of obligation includes, for the first place, cessation of the ongoing violation, and investigation of human rights violations.

The Human Rights Committee General Comment 31174 stated, “a failure by a State Party to investigate allegations of violations could in and of itself give rise to a separate breach of the Covenant. Cessation of an ongoing violation is an essential element of the right to an effective remedy.” (Paragraph 15)

“Where the investigations referred to in paragraph 15 reveal violations of certain Covenant rights, States Parties must ensure that those responsible are brought to justice. As with failure to investigate, failure to bring to justice perpetrators of such violations could in and of itself give rise to a separate breach of the Covenant.・・・Indeed, the problem of impunity for these violations, a matter of sustained concern by the Committee, may well be an important contributing element in the recurrence of the violations.” ( Paragraph 18)

In this regard, the Philippines government should take all necessary measure to cease all acts of extrajudicial killings and investigate all the case to sweep impunity. Second, the scope of obligation includes access to justice.

General Comment 31 also states,

“Article 2, paragraph 3, requires that in addition to effective protection of Covenant rights States Parties must ensure that individuals also have accessible and effective remedies to vindicate those rights.”

In this regard, the state should ensure access to justice for all victims and relatives of alleged extrajudicial killing and enforced disappearances. The state of the Philippines must not disregard any claims of human rights violation raised within the country, in particular, raised by local human rights organizations. Also, in order to ensure justice, victims, relatives and witness should be able to have access to justice without fear. The state of the Philippines should take all necessary measures to protect victims, relatives and witnesses. Finally, the scope of effective remedies includes various measure of remedy.

General Comment 31 also states, “The Committee considers that the Covenant generally entails appropriate compensation. The Committee notes that, where appropriate, reparation can involve restitution, rehabilitation and measures of satisfaction, such as public apologies, public memorials, guarantees of non-repetition and changes in relevant laws and practices, as well as bringing to justice the perpetrators of human rights violations.”

The state of the Philippines should realize compensation, restitution, rehabilitation, satisfaction, and guarantees of non-repetition for all victims of human rights violations. Public apology is necessary as the satisfactory measure, as well as institutional reform thorough investigations of command responsibility within government. This is the key to guarantee of non-repetition.