Zamboanga court orders arrest of Nur Misuari
The Zamboanga City Regional Trial Court ordered on Wednesday the arrest of Moro leader Nur Misuari and three of his key lieutenants in connection with the deadly attack on the city that cost the lives of 218 persons and displaced more than 100,000 others last month.
Judge Eric Elumba of the court’s 13th branch issued warrants for the arrest of Misuari and Moro National Liberation Front (MNLF) commanders Habier Malik, Assamin Hussin and Bas Akri, all of whom are at large.
No bail
The judge set no bail for Misuari and the three MNLF commanders, but recommended a P200,000 bail for each of their accused followers.
The arrest order came down three days after the Department of Justice brought rebellion and other criminal charges against Misuari and his lieutenants and 60 of their followers who were captured or who surrendered during the 21-day siege that also razed more than 10,000 houses in Zamboanga City.
The government also laid charges of violating international humanitarian law for taking hostages and using them as human shields during the fighting.
Justice Secretary Leila de Lima told reporters on Wednesday that the government had a strong case to be able to “successfully” prosecute Misuari.
Humanitarian law
De Lima said the second charge against Misuari and his followers was based on the premise that “the accused were nonstate actors involved in an international armed conflict and they committed certain acts” punishable under the Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity.
She said the third charge was based on the taking of hostages by the rebels and using them as human shields, actions considered “violence to life.”
Against peace talks
Hundreds of rebels from the MNLF faction led by Misuari attacked Zamboanga City on Sept. 9, occupying a number of coastal villages and battling military troops and police in a bid to derail peace talks between the government and a rival insurgent group, the Moro Islamic Liberation Front.
To thwart a military assault, the rebels seized scores of villagers and used them as human shields.
They also torched hundreds of houses to slow down a military advance.
Although the government acknowledges that Misuari was not among the armed attackers, it says it has proof he ordered the operation.
Misuari faces life in prison if convicted.
Charges welcomed
The military welcomed the filing of charges against Misuari and his followers.
Armed Forces spokesman Lt. Col. Ramon Zagala said the military would support law enforcement efforts to arrest Misuari and his lieutenants.
“This is one way to determine who were really responsible for the attack or were at fault,” Zagala said.
The Philippine National Police said bringing charges against Misuari and his followers would help the government prevent a recurrence of similar incidents.
“This will be a good deterrent to such actions,” said PNP spokesman Senior Supt. Reuben Theodore Sindac.
Asked if the police knew where Misuari was hiding, Sindac said he could not disclose such “operational details.”
Last week, police raided Misuari’s Zamboanga City home and found explosives and documents there, but no sign of Misuari.
The raid followed the issuance of an order for Misuari’s arrest on rebellion and criminal charges brought by the Zamboanga City police.
Medardo de Lemos
De Lima traveled to Zamboanga City over the weekend to look into the cases to be filed against Misuari and his followers.
She said President Aquino had instructed her to make sure the government had a strong case against Misuari this time around, as the MNLF founder had been previously charged for an attack on Sulu province in 2001 but was acquitted for insufficient evidence.
“So we want to make sure that these charges will hold water or will stick in court,” De Lima said.
She said justice department prosecutors had written the Supreme Court seeking the transfer of the trial venue of the cases against Misuari and his men from Zamboanga City “to anywhere within the National Capital Region” for security reasons.
In Malacañang, presidential spokesperson Edwin Lacierda said Metro Manila residents should not fear the security implications of the transfer of the trial to the capital.
He said Moro rebels had seen the capability of government forces during the fighting in Zamboanga and he gave an assurance that state forces could “repeat” the city operation.
Lacierda said the review of the 1996 peace agreement with the MNLF would continue despite the filing of charges against Misuari and his followers.
Three charges
In the rebellion charge, state prosecutors accused Misuari and his followers of conspiring to rise publicly and take arms against the government.
For the rebels’ attack on Zamboanga City and their attempt to hoist their flag at City Hall, the prosecutors accused them of murder, pillage, disorder, looting, arson and destruction of private property.
In the second information against the rebels, the state accused them of waging an armed conflict against the government that resulted in acts of violence against the lives and persons of the residents, taking hostages, and during the captivity of the hostages, caused the death of 12 and injuries to 75 others from Sept. 9 to 30.
And in the third information, the government accused the rebels of intentionally directing attacks against the civilian population by forcibly opening houses and dwellings and attacking occupants. They also used the residents as human shields and burned 9,732 houses and buildings with a damage cost of P201 million, the prosecutors said.—With reports from Marlon Ramos, Michael Lim Ubac and AFP
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