On May 12, the Department of Interior and Local Government formed “Task Force Usig”, a police-led investigative unit to probe the unrelenting killings of activists and family members in the Philippines. The task force has publicly admitted that the two big difficulties it has are that witnesses cannot be located or are unwilling to cooperate; and, that victims’ families and local support groups are sceptical about the task force and reluctant to get involved.
The reluctance of witnesses and victims’ families to cooperate with police investigators comes as no surprise. The police have themselves been implicated in the abductions and killings. For instance, one of the three hooded men who attempted to take the life of labour leader Gerardo Cristobal in Imus, Cavite on April 28 was allegedly police intelligence officer SPO1 Romeo Lara. In many other cases too state agents are suspected of involvement.
Although Task Force Usig has publicly recognised that it has a problem with cooperation by witnesses and relatives of victims, it has not yet recognised that the reason for this is the lack of effective witness protection in the Philippines. In fact the failing undermines the country’s entire judicial system. The government and Commission on Human Rights of the Philippines too have publicly accepted that these killings are a “gross violation of rights” and a “failure of the justice system” without making this connection, and taking steps to remedy the situation by legislative and judicial means.
The Asian Human Rights Commission (AHRC) recalls the recommendations of the UN Human Rights Committee in its concluding observations on the Philippines’ compliance with the International Covenant on Civil and Political Rights in December 2003. The Committee clearly stipulated that, “The State party [Philippines] should adopt legislative and other measures to prevent… violations, in keeping with articles 2, 6 and 9 of the Covenant, and ensure effective enforcement of the legislation” (para. 8a). This means giving witness protection as stipulated under the existing law, and through constant application of the law, improvements in procedures and measures as necessary.
Without witness protection there can be no fight against impunity. A legal system that promotes justice but does not set in place the means to protect witnesses is a fraud. When victims of human rights abuses understand this, naturally they do not come forward to assert their rights against the perpetrators. No attempt is even begun to make complaints and assert rights. The victims remain silent, inert and fearful. If fear prevails, evidence cannot be collected. When evidence is not collected, the courts either do not take up cases or dismiss the charges against the accused, as the judge can only consider what is brought before the court. In this manner, the perpetrators of torture, extrajudicial killings and forced disappearances routinely escape justice.
Just as the outcome of a case depends upon the quality of evidence presented to the court, the quality of evidence depends upon the investigation, from its earliest stages. If a complainant is unafraid and comes forward shortly after a crime, describes in detail what happened, points to other persons and materials that substantiate this account, is supported by other witnesses and does not change the account, the case will probably be a success. By contrast, if a complainant is fearful and has low expectations of the courts, coming forward only much later if at all, reluctantly giving details of what happened and who else may be able to substantiate the story, and under pressure changes the account, the case is unlikely to succeed. In human rights cases especially, the determining factor between one outcome and the other is protection.
Protecting witnesses is a duty of the state. This is a fundamental and globally-established principle. Where the state declines to protect witnesses, it denies justice to society. The state must find the people, money and means to do this. A state that talks about witness protection but does not allocate funds and resources for that purpose fails in its duty. But the real problem in setting up a witness protection programme is not money; it is about the place of witness protection in state policy. Where the importance of protecting witnesses to obtain justice is understood and articulated, an authority to give effect to this policy can be quickly established and developed. There are many available resources for such work these days. Where witness protection is limited or non-existent it is primarily a question of understanding and official will. This is the real problem that now faces Task Force Usig.
Task Force Usig must begin its work by recognising that witness protection the overriding concern. It must work with the Department of Justice to make Witness Protection, Security and Benefit Act (RA 6981) reality. The success of Task Force Usig’s investigations, and any subsequent trials, depends on this, as does its reputation and that of the justice department.
Forming a task force is one thing, going to the root problem is another. While Task Force Usig is a welcome initiative, it will be meaningless unless accompanied by a firm effort to provide witness protection. Task forces come and go, but the unsolved killings continue. The task force set up to look into the murder of human rights lawyer Norman Bocar on 1 September 2005, for instance, has not made any progress for the same reason that no other cases have been resolved: the failure to recognise witness protection as the precondition to effective investigations and fair trial. The credibility of Task Force Usig depends upon it starting by recognising and addressing this primary obstacle to justice for the victims of killings in the Philippines. The task force has an opportunity to build a model for future work aimed at stopping these killings by placing protection of witnesses and relatives before everything else. The AHRC calls on all concerned persons and organisations in the Philippines to demand of the task force that it set this example, and earn, rather than simply expect, the cooperation of victims’ families and witnesses.
