Finding Solutions

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Group IX

• Finding Solutions

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I. DEFINITION OF EXTRAJUDICIAL KILLINGS

• FIRST CATEGORY
• Extrajudicial killings, also known as political
  killings are killings due to the 1) political
  affiliations of the victims or their advocacy 2)
  the method of attack and 3) involvement or
  acquiescence of state agents in the commission of
  the killings.

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• SECOND CATEGORY
• Summary killings and enforced disappearances
  committed by non-state actors without recourse
  to, or in disregard of the State's legal and
  judicial processes.

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• THIRD CATEGORY
• Summary killings or salvaging and executions of
  persons or individuals who are suspected
  criminals.

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II CAUSES OF EXTRAJUDICIAL KILLINGS

• We adopt the following causes as expressed in
  yesterdays proceedings, specifically
• a) to stifle political dissent and immobilize
  mass leaders
• b) to silence partisan opposition
• c) to eliminate political opponents

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• 1. Political intolerance

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• 2. Lack of respect for the supremacy of the law,
  and its duly-constituted authorities, including
  the democratic processes

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• 3. Some breaches in discipline in some military
  and police personnel and

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• 4. Problematic orientation of the national
  security paradigm, especially in addressing the
  problem of insurgency.

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III Recommendations

• 1. Legislative reform by expanding the
  jurisdiction and powers of the Commission on
  Human Rights (CHR) to include prosecutorial and
  contempt powers, as well as, fiscal autonomy to
  ensure its independence.

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• 2. Review the Witness Protection Program for the
  purpose of
• 1) Relaxing the criteria to qualify under the
  program.
• 2) Increasing its appropriation and
• 3) Studying the feasibility of establishing
  linkages between the government and religious and
  non-governmental sanctuary programs.

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• 3. Create a comprehensive education and dialogue
  program among all stakeholders.

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• 4. Review the provisions of Rule 102 on Habeas
  Corpus to specifically address illegal
  confinements to grant a more permissible
  presentation of evidence and counter-evidence.
  Study the sanctions and provide stiffer penalties
  against parties who employ malicious and willful
  misrepresentations in Court.

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• 5. Expand the definition of "extrajudicial
  killings," as specified in Supreme Court
  Administrative Circular No. 25-2007 to include
  extrajudicial killings of persons by reason of
  their "advocacies."

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• 6. The identification by the prosecutor if the
  case falls under Administrative Circular No.
  25-2007 in order to expedite the conduct of their
  preliminary investigations, and the filing of the
  cases in court.

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• 7. A majority of the group proposes a resumption
  of peace talks preferably with ceasefire, if
  possible, while the members of the AFP in the
  group recommend that a ceasefire be a made a
  precondition for the peace talks.

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• 8. Review the Comprehensive Agreement on Respect
  for Human Rights and International Humanitarian
  Law signed between the Government and the
  CPP/NDF/NPA so that it becomes more effective in
  promoting human rights and averting extrajudicial
  killings.

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• 9. In the long term, there should be
  comprehensive political, cultural, social and
  economic reforms to address the root causes of
  insurgency.

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• 10. The group supports the ratification by the
  Philippine government of the Optional Protocol
  for the Convention Against Torture and the
  International Convention for the Protection of
  All Persons from Enforced Disappearances. But the
  members of the AFP interposed their reservation
  regarding the ratification of the ICC,
  specifically on the concept of "command
  responsibility."

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• 11. Above all, there must be an end to all
  killings. We must adopt a personal commitment to
  peace.