Japan Group Releases Report on Killings in Philippines

3. Situation of Extrajudicial Killings

（１）　 Extrajudicial killings have increased under such situation. According to Amnesty International, the number of victims was increasing: there were 66 cases of extrajudicial killings in 2005 and the number of victims reached 5122 in the first six months of 2006. KARAPATAN, a local human rights organization, reported more than 800 extrajudicial killings since Arroyo took office in 200123. The lack of any government policies to stop the killings and investigate unsolved cases has provoked international criticisms. In response to the sharp criticisms from within the country as well as from the international community, President Arroyo publicly criticized extrajudicial killings in the state of the nation address in July 2006 and ordered that these incidents be investigated.

Subsequently, Interior and Local Government Secretary Ronaldo Puno ordered the creation of a national level Task Force, named Task Force USIG (TFU) to investigate the killings of “ party list /militant group members, media men and other high-risk personalities” for the past five years. .24. The President also established a commission named “Independent Commission to Address Media and Activist Killings” (being headed by former Supreme Court justice Jose Melo, this commission is called “Melo Commission”) to investigate extrajudicial killings.25

The Melo Commission submitted its report to the government on 27 January 2007.26 However, the government refused to release it. President Arroyo said the report was “incomplete”27 because of insufficient evidence and ordered the Commission to continue the investigation. She asked European Union countries28 for cooperation with the Melo Commission for investigation.29 The EU said they would not help the commission without receiving a copy of the report.30

In February 2007, Professor Philip Alston, the Special Rapporteur of the United Nations Human Rights Council on extrajudicial, summary or arbitrary executions visited the Philippines and conducted investigations of extrajudicial killings in the Philippines.

On 22 February 2007, he stated in his press statement that “Some killings may have been attributed to the AFP.” “There is little doubt that such killing has been committed”.31 He also urged the government to release the Melo report.32

On the same day, the Melo Commission report was released to media, which concluded in its report that “there is some circumstantial evidence to support the proposition that some elements within or connected to the military are responsible for the killings” 33 34

In response to Mr. Alston’s statement regarding military involvement in the extrajudicial killings, President Gloria Macapacal-Arroyo said that the cases “would be resolved and the Armed Forces of the Philippines (AFP) would continue to protect the people.”35 Subsequently, President Arroyo ordered several measures to address this human rights violation. Meanwhile, the Supreme Court declared the establishment of special tribunals for extrajudicial killings36.

According to the UN Special Rapporteur Mr. Alston, the Philippine government has ordered a range of measures to respond to the problem including as follows. 37

- The Department of National Defense (DND) and the Armed Forces of the Philippines (AFP) have been requested to draft an updated document on Command Responsibility;

- The Department of Justice (DOJ), DND, and the Commission on Human Rights (CHR) have been asked to constitute a Joint Fact-finding body in relation to the alleged involvement of military personnel in the killings, and to charge and prosecute those responsible;

- The DOJ has been asked to broaden and enhance the Witness Protection Program (WPP);

- The Chief Justice of the Supreme Court has announced the creation of 99 Special Courts to try those accused of killings of a political or ideological　nature;

- The Department of Foreign Affairs (DFA) has formally requested assistance from the European Union and others to provide funds to support government responses to the killings;

- An additional 25 million pesos (US$ 510,000) has been provided to the CHR to enable it to better address the problem; and

- The Presidential Human Rights Committee (distinct from the CHR) has been reactivated.

However, even after that the announcement of the above measures, the human rights situation has not been ameliorated. This will be discussed later.