Letter
to Professor Philip Alston Attachments |
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10 March
2008
PROFESSOR PHILIP ALSTON
Special Rapporteur on Extrajudicial, Summary or
Arbitrary Executions
Special Adviser, Human Rights Commission
UNITED NATIONS
Dear Professor Alston:
This is to update you on the recent aggressions
committed by the New People’s Army (NPA). From November
27, 2007 up to March 10, 2008, there were at least 41
incidents reported by various media sources involving
assaults made by the NPA. Attached is a summary of these
incidents for your reference. This report excludes
unreported incidents since some of the victims’ families
refuse to talk for fear of retaliation from the said
rebel group.
You stated in your report that “the CPP/NPA/NDF’s system
of “people’s courts” is either deeply flawed or simply a
sham. The question whether the Comprehensive Agreement
on Respect for Human Rights and International
Humanitarian Law (CARHRIHL) can be interpreted to affirm
the CPP/NPA/NDF’s contention that it has a right to
constitute courts and conduct trials is a matter of
controversy. However, insofar as the CPP/NPA/NDF does
conduct trials, international humanitarian law (IHL)
unambiguously requires it to ensure respect for due
process rights. One telling due process violation is
that, while a people’s court purportedly requires
“specification of charges . . . prior to trial”, the CPP/NPA/NDF
lacks anything that could reasonably be characterized as
a penal code. It is apparent that the CPP/NPA/NDF does
impose punishments for both ordinary and
counterrevolutionary crimes in areas of the country that
it controls. But NDF representatives were unable to
provide me with any concrete details on the operation of
the people’s court system. This suggests that little or
no judicial process is involved. In some cases, the use
of people’s courts would appear to amount to little more
than an end run around the principle of non-combatant
immunity. In other words, it seeks to add a veneer of
legality to what would better be termed vigilantism or
murder. Failure to respect due process norms constitutes
a violation of IHL for the NPA/CPP/NDF and may
constitute a war crime for participating cadres. Public
statements by CPP/NPA/NDF representatives that opponents
owe “blood debts”, have “accountabilities to the
people”, or are subject to prosecution before a people’s
court, are tantamount to death threats. Issuing such
threats under the guise of revolutionary justice is
utterly inappropriate and must be decisively
repudiated.”
Your assessment however was ignored by the New People’s
Army. In fact, Rigoberto Sanchez, spokesman of the
Merardo Arce Command-Southern Mindanao Regional
Operations Command of the NPA, admitted commiting a
mistake in that one of its victim, Vicente Ferrazini,
according to their investigation, did not merit the
maximum penalty of death. The Ka Paking Guimbaolibot Red
Partisan Brigade of the NPA claimed responsibility for
the killing on Feb. 4 of Ferrazini. Sanchez further
stated that “as a matter of self-criticism, we apologize
to the family of Mr. Ferrazini as well as to the people
in general for this highly regrettable occurrence”.
Unfortunately and much to the chagrin of the loved ones
of the victim, the apology cannot bring Mr. Ferrazini
back to life.
On a related matter, attached herewith is a pertinent
communication from Undersecretary Rafael E. Seguis of
the Department of Foreign Affairs and a copy of
Resolution No-0573-07, Series of 2007 of the Sangguniang
Panlungsod, City of Davao for your information and
reference.
Thank you.
Truly yours,
UNDERSECRETARY RICARDO R. BLANCAFLOR
Department of Justice
Chairman, TASK FORCE 211 (“Task Force Against Political
Violence”)
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