Kin of 14 massacre victims negotiating with Ampatuans

MANILA, Philippines - A private lawyer in the Maguindanao massacre trial revealed yesterday that the kin of 14 victims have signed a written authority allowing a “close associate” of the Ampatuan political clan to negotiate with the suspects.

In a blog post, University of the Philippines law professor Harry Roque said the need of the victims for compensation has been “highlighted” by the fact that 14 media victims signed a written authority in February that authorized negotiation with the suspects.

“Under this scheme, the victims were to sign not just a waiver and quit claim, but also an affidavit pinning the blame for the massacre on (Maguindanao) Gov. Toto Mangudadatu,” he said in his blog.

Mangudadatu’s wife Genalyn, and his two sisters, lawyers and aides were among the 58 victims who died in the Nov. 23, 2009 massacre.

Thirty-two media practitioners were among those who died in the incident, dubbed as the single deadliest ever for journalists in history.

The group – led by Genalyn – was on their way to file the certificate of candidacy of then Buluan vice mayor Mangudadatu, who was set to challenge a scion of the Ampatuan clan for the Maguindanao gubernatorial post.

Among the initial 197 suspects tagged in the massacre were members of the political family, including its patriarch former Maguindanao governor Andal Sr. and his sons Zaldy, Andal Jr., Anwar Sr. and Sajid Islam.

Roque is the chairman of the Center for International Law, which represents the families of four of the 14 victims who allegedly signed the authority for negotiation.

The lawyer represents a total of 17 media victims in the massacre.

In a phone interview with The STAR, Roque declined to provide additional information on his claim as he has yet to talk with the families of the victims. He said he will go to Maguindanao to meet with the victims’ families.

Roque did not disclose the names of the victims who are supposedly eyeing settlement, as well as the “close associate” of the Ampatuans authorized to negotiate with the suspects.

In an ABS-CBN report, the lawyer was quoted as saying that “the negotiator was reportedly killed” two weeks after the signing of the written authorities. He added in the report that the families do not have copies of the documents that they signed.

He clarified earlier reports and said that the development was merely the signing of authorities to negotiate and that settlement talks have yet to happen.

Meanwhile, prosecutor Aristotle Reyes told The STAR that they were not aware of this supposed signing of authority to negotiate with the suspects.

Reyes said they will meet with other prosecutors today to talk about Roque’s claims.

Roque, however, said he might not be able to join the meeting because he will go to Maguindanao.

UN case

In his blog post, Roque said his clients will file a communication before the United Nations Human Rights Committee “for the Philippine government’s failure to accord the victims their rights to an adequate remedy under domestic law and compensation.”

“The compensation that is due to the victims is because it is the state itself that breached its obligation to protect and promote the right of the victims to live,” he said.

“This includes not just monetary compensation, but also all that may be required to restore the emotional and psychological well-being of the victims,” he added.

Roque said that “it’s been almost four years and there is still no end in sight to the criminal prosecution of the Ampatuans.”

He noted that the government took almost four years to file the information for the 58th victim, Reynaldo Momay.

Last year, the Department of Justice (DOJ) found probable cause to file another set of murder charges against the suspects tagged in the massacre.

The remains of Momay – a photojournalist for the Midland Review, a local newspaper – were never found. A team led by a forensic expert from the Commission on Human Rights recovered parts of the photojournalist’s supposed dentures.

Momay’s daughter Reynafe claimed in her complaint that her father had called a colleague before the incident and said that he was in the van together with other media people.

The DOJ, in its resolution, said that “even though Momay’s body was not found at the killing fields located at Barangay Salman, Ampatuan, Maguindanao, there is sufficient evidence that he was indeed part of the ill-fated convoy.”

Seventy-eight suspects were arraigned earlier this month for the 58th murder charge. Ninety-two suspects have yet to be arrested by authorities.

“Unless the Philippine government complies with its duty to pay compensation, the victims will continuously be tempted with schemes that may eventually cause a miscarriage of justice,” said Roque.

Non-negotiable

Meanwhile, a widow of one of the massacre victims, Napoleon Salaysay, yesterday said she would not enter into a settlement with the suspects amid reports that some families of the victims have signed authorities for negotiation.

“It’s their right if that’s what they want,” Ramoncita Salaysay told GMA News.

She said most of Roque’s clients will retain the case and would never accept offers of settlement.

“We will never agree. I will not agree. We are not underprivileged,” said Ramoncita, whose husband was a reporter for the local Clearview Gazette.