Noy leaves Zambo
MANILA, Philippines - The Department of Justice (DOJ) is preparing criminal charges against Moro National Liberation Front (MNLF) founding chairman Nur Misuari over the two-week siege in Zamboanga City, President Aquino disclosed yesterday.
“We are holding him liable over this incident. We have witnesses who are directly linking him to this conflict. And the DOJ is already in the process of preparing charges against him,†Aquino told reporters in Zamboanga City.
He said government prosecutors have been interviewing witnesses, including the civilians taken hostage by the rebels, in the effort to gather more evidence to pin down Misuari.
Aquino did not specify what charges would be filed against the MNLF chairman.
The police earlier filed charges of rebellion and human rights violations against four MNLF members said to have led the attack in Zamboanga City on Sept. 9.
Police also filed charges against 25 other rebels who were captured or who surrendered during the fighting.
Authorities yesterday included 32 more MNLF rebels in the charges of rebellion and human rights violations under Republic Act 9851, or crimes against International Humanitarian Law.
Malacañang said the investigation into the Zamboanga City caper of the MNLF faction of Misuari will also include possible financiers or other backers.
Misuari disappeared from public view shortly before the fighting broke out in Zamboanga.
Misuari had been angry over the peace talks with the Moro Islamic Liberation Front (MILF), believing any agreement with the rival group would sideline the MNLF and the 1996 peace agreement.
Misuari then led the group in declaring independence from the government, days before the Zamboanga siege.
Misuari reportedly ordered his men to plant an independence flag at the Zamboanga city hall, but they were prevented by government troops.
This eventually led to the crisis where the rebels seized hundreds of civilians as hostages while burning down their houses.
Aquino said one indication that Misuari had a hand in the siege was the sudden change of plans of the rebel leader.
He said a review of the implementation of the 1996 peace agreement with the MNLF had been set in Indonesia but Misuari and his group canceled this.
Aquino said these developments were solid evidence that Misuari was behind the siege of Zamboanga.
Two weeks ago, Aquino told journalists in an interview in Makati City that pressing either rebellion or inciting to sedition charges against Misuari apparently will not hold water, but prosecutors are nevertheless assessing what is necessary.
In an interview at the 7th ASEAN Navy Chiefs’ Meeting at the Raffles and Fairmont Hotel in Makati City, Aquino said a consultation with his legal team showed all the elements needed for the filing of the non-bailable offenses have not been met.
“It’s quite difficult to state categorically at this point in time that we have a case that can be filed against Nur Misuari precisely because the evidence that will prove that he engaged in such an activity is not yet present or at least is not apparent,†he said.
Aquino noted the government has mostly hearsay evidence against the Muslim leader since only his men have been talking on his behalf, which gives Misuari room for deniability, thereby negating any more proof of his involvement.
“Here in Zamboanga City, allegedly he was there, but I have to stress ‘allegedly’ because nobody has talked to him, he is not even coming out physically and has not declared any independence whatsoever,†Aquino pointed out.
Misuari’s legal counsel Rex Bugarin said the MNLF leader will answer all the allegations linking him to the standoff.
“Misuari will be reporting on what triggered the outbreak of hostilities in Zamboanga City,†Bugarin said.
He said a pre-recorded message will be aired today in a news forum at the Manila Hotel while MNLF spokespersons Absalom Cerveza and Emmanuel Fontanilla will answer phone patch questions from their locations somewhere in Mindanao.
Bugarin said he does not know where Misuari is but an emissary has assured him that a message will be aired during the forum.
He said he is not privy to the message but theorized Misuari will answer point by point the allegations against him, including the criminal charges filed against his followers.
Bugarin said the MNLF wanted to air their side on the ongoing conflict and the real reason behind the attack in Zamboanga City.
On the other hand, Fontanilla, in a text message, said he will be reporting actual casualties both from the MNLF and the government forces since the outbreak of hostilities broke out in Zamboanga and Basilan.
“The military and police are using mirror tactic, they wanted only their side aired in the media,†Fontanilla said.
He said sources in the police and military had revealed the number of casualties being reported is contrary to the actual body count.
Fontanilla also claimed the rebels are holding several soldiers, including a major, as “prisoners of war.â€
He said some of the government fatalities are still in the conflict zones and their bodies have not been recovered.
End game
After ten days of personally overseeing the military operations against the MNLF rebels, Aquino left Zamboanga City yesterday with the assurance that the end is in sight.
He said the remainder of the Misuari-led MNLF faction has been confined to a small area.
Aquino disclosed that based on reports, Habier Malik, the Sulu-based MNLF commander who led the siege, is still in the area.
“And government troops have surrounded the area,†he added.
Hours before Aquino left the city, government forces were pounding Sta. Catalina, one of the remaining villages where the rebels were holding out.
Aquino explained the government offensive was dragging since the military and police have to implement well-planned operations to avoid civilian casualties.
The military said the rebel force has been reduced to only 50 gunmen, who are still holding some 20 civilian hostages.
At least 11 civilians have been killed and 70 were wounded during the series of encounters while the government forces suffered 14 killed and 143 wounded.
The rebels suffered 95 dead while 144 were arrested and captured as the firefight entered its third week Monday.
Aquino suspected the rebels have lasted for two weeks against government forces because they were well prepared. –With Perseus Echeminada, Cecille Suerte Felipe