Codal lawyer: Chief Justice suspects AFP, PNP behind killings of lawyers, judges

Chief Justice Artemio Panganiban thinks that both the Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP) could have masterminded the series of killings of lawyers and judges in the country, according to lawyer Neri Colmenares, a member of the Counsels for the Defense of Liberties (CODAL).

Colmenares told The STAR in an interview that he heard Panganiban voice his opinion on the possible involvement of the AFP and the PNP in the killings of judges and lawyers before members of the international fact-finding mission (IFFM) which visited the Philippines to conduct their own probe starting yesterday up until June 20.

The IFFM panel is composed of international lawyers from Belgium and Netherlands led by Judge Jan Bless, head of the delegation; Gerrard Boot, Jo Dereymaeker, Hein Karskens, Judith Lichtenberg, Angela Meijer, Adrie van der Streek and Judge Nol Vermolen.

The meeting, which was also attended by Colmenares, was held at Panganiban’s office last Thursday. Panganiban’s meeting with the IFFM members and the CODAL was kept from the media.

Colmenares said Panganiban was asked his opinion on who might be behind the murders of lawyers and judges and Panganiban reportedly answered: "It could be anybody but a possibility is that the military and the police could be involved, especially in the case of human rights lawyers."

Colmenares quoted Panganiban as saying that litigants could be the perpetrators of the killings.

"We are particularly frustrated over the killing of Judge Henrick Gingoyon. We already created a committee to conduct an independent investigation on the killing of Judge Gingoyon, but until now we were not able to find leads," Colmenares quoted Panganiban as telling members of the IFFM panel.

Colmenares said Panganiban based his opinion on the possible involvement of police and soldiers in the series of killings on the apparently slow progress of the investigation.

"The possibilities are that the AFP, PNP, rightists elements, criminal elements and the other side could be behind the killings of lawyers and judges in the country," Colmenares quoted Panganiban as saying during the meeting.

He said, however, that Panganiban did not discount the possibility that certain groups who wish to project "big security problems" were behind the killings.

"That is why we are undertaking precautions. The Supreme Court and its committee investigating the killings of lawyers and judges in the country are helpless because it has no police power. We cannot investigate. The only thing that we can do is to appreciate the evidence that will be presented by the investigating authorities concerned," Colmenares said, quoting Panganiban.

Colmenares said they gave Panganiban a copy of the CODAL’s manifesto against attacks on lawyers with signatures of 120 barristers from abroad and hundreds more signatures from members of the Philippine Bar and Filipino law students.

He said it was unfortunate that the legal profession had lost three lawyers this year. CODAL has recorded about 12 incidents of violent attacks and threats to lawyers and judges since January of this year.

"We are happy that the honorable Supreme Court has come out openly against attacks on judges and called for the speedy resolution of these cases. We ask the Tribunal to further raise the issue by calling for a stop to these attacks, notably those committed against human rights lawyers, public defenders and lawyers taking up the legal cause of those who have less in life," Colmenares said.

He said the unresolved cases of killings of judges and lawyers pose an unconscionable threat to the rule of law and a confirmation of the refusal of the Arroyo government to stop the criminal attacks on lawyers, journalists, church people and activists.

At yesterday’s start of the fact-finding commission hearings, IFFM head Bless said they decided to come to the Philippines to uncover why lawyers and judges were being killed and harassed.

Bless noted the Dutch Foundation for Lawyers or Stichting Advocaten Voor Advocaten (SAVA), at the initiative of the Dutch Foundation Lawyers without Boarders and with the support of the Amsterdam Bar Association and the Netherlands Bar Association, had agreed to organize a fact-finding mission of independent lawyers from Amsterdam, the Netherlands and Antwerp, Belgium to "verify and collect as many findings as possible regarding the killing of several human rights lawyers as well as the lack of reaction by competent Philippine authorities."

The mission is also "to inform the appropriate Philippine authorities about these findings and to express the deepest concerns about these killings; and to inform the international community, more specifically any national and international lawyers’ organizations, about the foregoing.

"We heard stories about the killings of lawyers and judges in the Philippines. In my country, there are no lawyers killed. I just don’t know. It looks like people are being killed here for no reason at all. In our country, lawyers die because of car accidents or of various illnesses" Bless said.

The IFFM panel is also set to go to Visayas and Mindanao to conduct interviews involving cases of attacks against lawyers and judges.

Integrated Bar of the Philippines (IBP) Jose Anselmo Cadiz, for his part, said the murder of lawyers and judges in the country reflects badly on the country.

"We are a country of laws, we are a country of rules and the procedure of justice must always be upheld. We condemn these killings in the highest degree. We hope the authorities will strengthen its investigation. Regardless of the reason, whether it is job-related or not, nobody should be killed in that manner. Regardless of whether that was an offshoot of politics, that killing should not have been perpetrated and must be condemned," Cadiz said.

The country, he said, would then face a shortage of lawyers and judges and this could affect the justice system in the country, especially if the spate of killings continues.

"If lawyers themselves cannot get justice, most clients will not at all get justice. That is the saddest part of all, lawyers (who) are supposed to protect their clients are themselves the victims of violence," Cadiz said.

The IFFM is set to investigate the murder of Judge Gingoyon in Cavite on Dec. 31, 2005; the killing of lawyers Norman Bocar (in Samar on Sept. 1, 2005), Felidito Dacut (in Leyte on March 14, 2005), Arbet Yongco (in Cebu City on Oct. 11, 2004), Juvy Magsino (in Mindoro Oriental on Feb. 13, 2004); and the continuing intense surveillance against lawyer Jobert Pahilga in Metro Manila.

It will also look into continuing threats and intimidation against lawyer Ernesto Peñaflor in Calbayog City; death threats against lawyers Gina Co and Kit Enriquez in Cebu City; surveillance and ransacking of the house of Tonyboy Azarco of Surigao del Sur; the torching of the vehicles of Atty. Pergentino Deri-on in La Union last March 22, 2005 and the attempted assassination of lawyer Romeo Capulong last March 7 and 30, 2005.