THE Philippine National Police challenged on Wednesday the Moro Islamic Liberation Front to file a case against PO2 Christopher Lalan for killing MILF fighters in their sleep and a civilian a day after the ill-fated operation on January 25.
BACKSTORY: MILF wants SAF survivor charged for slay of 5 rebels, 1 civilian
But the PNP is confident that Lalan would be able to justify his actions that happened in Mamasapano, Maguindanao province where 36 of his comrades in the 55th Special Action Company were mowed down by Moro rebels.
“If they (MILF) feel that Lalan has a criminal liability, then I guess they have to file it in proper court,” PNP spokesperson Chief Superintendent Generoso Cerbo Jr. said in a press briefing.
It was highlighted in the MILF report on the Mamasapano clash that Lalan purportedly shot and killed MILF fighters while sleeping in a makeshift mosque in Barangay (village) Tukanalipao. He also allegedly killed an unarmed civilian, which the MILF said as a violation of International Humanitarian law.
Citing the findings of the PNP’s board of inquiry, Cerbo said it was clear in the report that Lalan was “on survival mode,” exhausting all means to exit alive from the killing zone.
“May statement siya na in act of self-defense, may mga napatay siya para mabuhay so marahil bibigyan natin ng punto ‘yung statement ng survivor,” he said.
“And with due respect to his statement, kaya niyang ilaban at sagutin ito sa proper forum,” Cerbo added.
The MILF noted that under the Geneva Convention of 1944 on the Protection of Victims of International Armed Conflicts, the sleeping MILF combatants were already considered “hors de combat” (out of action).
It said Musib Kasim, Mamarisa Sandigan, Rasul Kamsa, Norhamid Angkay were not in a position to make an assault on Lalan when he fired at them.
As to the human rights violation of Lalan, Cerbo said there is an appropriate body, which will determine the violation the SAF commando allegedly committed. AC