Lawyers group says state, not rogue elements, behind Burgos disappearance

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The Court of Appeals’ decision on the abduction of farmer-activist Jonas Burgos shows it is not “rogue elements” in the military and police but the two institutions themselves that are responsible for enforced disappearances and extrajudicial killings of people perceived as “enemies of state,” a lawyers’ group said Saturday.

The National Union of People Lawyers (NULP), counsel of the Burgos’ family, said in a statement that the appellate court “correctly ruled” that the military and police did not undertake “extraordinary diligence” despite knowing about the abduction.

“It is our firm belief based on evidence, information, knowledge and experience that the military and police in the case of Burgos are not only accountable but complicit,” NULP secretary-general Edre Olalia said.

He said the ruling, though late and could probably never bring back Burgos, could at least open everyone’s eyes on the real reasons behind abductions, extrajudicial killings and tortures of activists.

“We hope that the ruling will not be for naught even as we take good note of studied opinions that it is tantamount to an indictment of the system itself,” Olalia said.

Olalia said the court rulings in the habeas corpus and amparo petitions on Burgos’ abduction were “highly significant” and a testament to the courage of Burgos’ mother Edith and her supporters who fought for the case not just in courts but before national and international forums.

“It (the court ruling) again judicially validates what human rights defenders and several national and international rights groups have been saying all along: that enforced disappearances—and extrajudicial killings and torture—are systematically perpetrated and perpetuated by the military and State forces,” Olalia said.

Clearly accountable

“It is thus not only some ‘rogue’ members but the Armed Forces of the Philippines, the Philippine Army and even the Philippine National Police that are clearly institutionally accountable for such acts,” he added.

Olalia said the NULP hopes the Burgos case ruling would not be “another pyrrhic victory that resurrects false hopes for the crucified lives of the victims’ kin who have long suffered and waited.”

He noted that it took almost six years before the court finally spoke about who was responsible for the abduction of Burgos, who was seized by unknown men at a Quezon City mall in April 2007.

The NUPL questioned whether the Supreme Court rules for the writ of amparo

—issued in October 2007 and designed to be a legal remedy for those whose right to life, liberty and security against extrajudicial killings and disappearances is violated or threatened—has been effective or timely.

“Has it abated the killings and the disappearances? …Or has it remained largely ineffective?” the group asked.

Olalia said that both the police and the military “consistently tried to cover up and put up ridiculous scripts about the case,” and merely conducted an investigation that was “sloppy, partisan, perfunctory [and] token.”

“[They] over the years provided obstacles and made dilatory moves every step of the way, and casually moved to dismiss the petitions, conceal pertinent documents and records, produce false and perjured witnesses and pass off the blame,” the lawyer said.

The NULP maintained that the abduction and disappearance of Burgos was a planned and orchestrated operation that would not happen “without the acquiescence, tolerance, encouragement, knowledge, orders or instruction of higher officials,” some of whom may have been conveniently transferred or even promoted.

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  • Pio Gante

    kung ganun eh di patunayan niyo

  • elvie

    hirap nga yan. nawala na ang tao. Paano na yan. Thank you na lang. Si Palparan, di pa rin nakikita? Paano yon. Tinatago nila? Nagbubulagan lang?

  • Clovis Sangrail

    proof?

  • Fulpol

    it is always a losing case, a failure advocacy if the people who kept on protesting were always tagged as communists..

    would they care to change the perception of themselves… “hey we are not communists, we are socialists and we don’t use guns to push our advocacy”.. that is better..

    i myself support activists actions, but not on any ideological stand.. you can protest about gov’t incompetency on resolving issues.. that is good.. but behind that protest is the ideology of communism, well i don’t support..

    as I said, they will lost the case, if all behind the motive of their actions is rooted on false ideology.

    admit it.. change it.. you surely get the support of many.. i myself hates oligarchy.. but never believed on the ideals of communism..

    • Benigno the Turd

      but be wary of cosmetic activists who are actually just proxies of oligarchs..Akbayad, i mean Akbayan, for example.

  • virgoyap

    It’s clear that it is the system itself that persecuted or even kidnapped or killed those who are considered “enemies of the state”. So can this system be changed or transformed or resurrected so that this will not become elitist but to make it pro-justice, pro-people and pro-poor?

  • yxoiyiu

    nakakapagtaka na pag aaksayahan ng panahon ng AFP na dukutin si Jonas Burgos kung siya ay ordinaryong aktibista lamang. baka pakulo ng CPP-NPA ang pagkawala ni Jonas, katulad ng mga nangyari noong mga ibang aktibista na nawala at pinatay ng CPP-NPA sa kutob na deep penetration agent sila.

  • kaddy

    it is systemic problem caused by lack of checks and balances, accountability, feudal and patronage politics and skewed power politics. Exacerbating this is the lack of moral ascendancy and responsibility in our society. There is no proper dynamic balance between the State, religion and society to achieve equilibrium which enables person in authority,i.e. state, religious or plain individual, to act accordingly in accountable and responsible manner. Our educational system is too defective to a fault.

  • alfred sanchez

    dami supporter ng npa ha, tama lang ginawa nila palparan dyan ubusin ang npa

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