DOJ report: Slay raps vs 90 MILF, BIFF rebels

MANILA, Philippines–State prosecutors have recommended the filing of criminal charges against 90 Moro rebels for the deaths of 35 police commandos during a clash in Mamasapano, Maguindanao province, on Jan. 25, Justice Secretary Leila de Lima said on Thursday.

De Lima told a news conference that investigators from the Department of Justice (DOJ) and the National Bureau of Investigation had submitted their report on the Mamasapano clash, which left 44 Philippine National Police Special Action Force (SAF) commandos, 17 Moro Islamic Liberation Front (MILF) rebels and three civilians dead.

The DOJ said a team of prosecutors and investigators was given another two months to find out who killed the nine commandos from the 84th SAC, the 17 MILF rebels and the three civilians.

“We will review this report this weekend. We will submit a copy to the Office of the President, then we will announce on Monday if the report can already be released,” De Lima said.

If she approves all the recommendations of the prosecutors, De Lima said, charges will be filed against 90 suspects from the MILF and the Bangsamoro Islamic Freedom Fighters (BIFF).

De Lima declined to say what cases would be brought against the suspects, although she said earlier that the prosecutors were looking at possible violations of the Philippines’ penal code and international humanitarian laws.

Third-party witness

De Lima said the cases were based on “findings [of the investigative team] and positive identification” by a third-party witness.

The witness, identified only as “Marathon,” had named eight field commanders from the MILF and three from the BIFF as having been involved in the killing of the 35 commandos from the 55th Special Action Company (SAC), De Lima said.

A source who had knowledge of the investigation said Marathon and other witnesses had identified all the suspects by their names or their aliases.

“There’s no John Doe,” the source said.

De Lima said the 224-page report, on which the cases are based, covered only the killing of 35 commandos from the 55th SAC in Tukanalipao village in Mamasapano. Only one member of the unit survived.

Nine other commandos from another SAF unit, the 84th SAC, died in a clash with gunmen in Pidsandawan village, also in Mamasapano, during the secret operation to capture Malaysian terrorists Zulkifli bin Hir, alias “Marwan,” and Amin Baco, alias “Jihad,” and their Filipinos associate Basit Usman.

The MILF, which has signed a peace agreement with the government, has denied responsibility for the clash and claimed self-defense after investigating the bloodbath.

MILF seeks sanctions vs lone survivor

A report on the MILF investigation released recently by the Malaysian-led International Monitoring Team recommended sanctions against the lone survivor from the 55th SAC, PO2 Christopher Lalan, for the killing of MILF rebels who were sleeping in a mosque and the civilians.

De Lima said the DOJ investigators had not found third-party witnesses for the investigation into the deaths of the nine commandos from the 84th SAC.

She said no charges had been recommended in the killing of the civilians “because we were not able to access witnesses on those.”

“We made several requests to the MILF to allow us access to possible witnesses and the families of the victims. There’s no response yet so this aspect is not included [in the report]. We hope the MILF will give us access so that cases can be filed,” De Lima said.

She said Lalan, a radioman and other SAF members who were involved in the counterterrorism operation had been subjected to clarificatory questioning by the investigative team.

The PNP welcomed the state prosecutors’ recommendation to bring charges against the killers of the SAF commandos.

Chief Supt. Generoso Cerbo Jr. said the PNP would support the DOJ’s decision, as it “seeks justice for our gallant heroes.”

“Their investigation is focused on finding out the criminal liability of those involved in the killing of the 44 Special Action Force troopers. The DOJ is in a position to do that,” Cerbo said in a text message.

The PNP’s investigation blamed the clash on the SAF’s failure to coordinate the operation with the military and the joint government-MILF ceasefire committee, following instructions from suspended PNP chief, Director General Alan Purisima, who supervised the mission with the knowledge of President Aquino.

A Senate investigation reached similar findings. The House of Representatives and the Office of the Ombudsman have yet to complete their investigation of the clash.

Mohagher Iqbal, the MILF’s chief peace negotiator, declined to make any comment.

The prosecution of the killers of the SAF commandos is expected to assuage a public outcry for justice that has heaped pressure on President Aquino, whose popularity ratings have plunged to their lowest in five years because of his handling of the Mamasapano clash.

The demands for justice include persistent calls for the abandonment of the peace deal with the MILF, but Aquino insists on the completion of the peace process, prodding Congress to pass the Bangsamoro Basic Law that would establish a new autonomous region for Muslims in Mindanao.–With reports from Nancy C. Carvajal, Julie M. Aurelio and wires