Phl required to render justice for HK victims

In the last two years of the Arroyo tenure the Philippine National Police made a series of overpriced procurements. Among these are:

• two of then-first gentleman Mike Arroyo’s used helicopters passed off as brand new,

• mismatched rubber boats and outboard motors,

• defective patrol craft,

• repair of 13 armored personnel carriers for the price of brand new ones, and

• bulletproof vests that don’t stop bullets.

Vice chairman Eduardo Escueta of the supervising National Police Commission says they will investigate all. For, the Napolcom must approve all PNP purchase plans and specifications, changes, contracts, and payments.

But wait a minute. Wasn’t Escueta part of the Napolcom when the PNP cut those anomalous deals? Didn’t he join in August 2008, and so had a hand in approving the deals made in 2009-2010? Didn’t fellow-commissioner Luis Mario General cry in March 2010 that Escueta and Napolcom chairman-Interior Secretary Ronaldo Puno conspire to oust him for denouncing several anomalous expenditures?

Escueta should let other agencies, say the Ombudsman, do the investigating. His participation would only lead to suspicions of a cover-up.

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It’s as mad as Spy vs. Spy at the Customs bureau. A high official is under fire for the disappearance of 1,902 container vans, which ironically he himself had reported. Leading the charge is a legislator whose spouse allegedly sneaked 1,800 luxury cars out of a free port years ago. Exposing the vehicle smuggling is a lower Customs officer suspected of approving the rollout of the vans from the Customs zone.

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One year since, relatives of the Hong Kong tourists killed in the Luneta hostaging still feel bitter. And rightly so. For, the Philippines has not corrected the wrong. That is, it has not punished those accountable for the hostaging and the botched rescue. Nor has it recompensed the victims in any way. The demanded apology from the Philippine government was in vain.

Are the Hong Kong victims entitled to justice, reparations and official contrition? Yes, says law professor Dennis B. Funa. International law, in fact, obliges the Philippine government to render it.

Two doctrines operate, Funa says: on state responsibility and treatment of aliens. From these, “A State is under obligation to make reparation to another State for the failure to fulfill its primary duty, in accordance with international law, to afford proper protection due to an alien who is a national of the latter State.” The International Law Commission adopted it in August 2001 under the “Draft Articles on the Responsibility of States for International Wrongful Acts.” It requires the Philippine government to prosecute all the negligent wrongdoers in the Luneta hostaging, and to pay damages to the victims.

The traditional notion of state responsibility refers to the liability of states for injuries caused to aliens, Funa explains. A state must exercise due diligence to avert foreseeable injuries to foreign nationals. Upon learning of an imminent threat to a foreign national, a state must provide adequate police protection. If an injury is caused, the state must provide redress. That is, ensure punishment for the harm and lay down preventive measures. Funa cites Janes v. Mexico (U.S. v. Mexico, 4 Rep., Int’l. Arb. Awards 83, 1925). The ruling held Mexico liable for the failure of its authorities to immediately, efficiently apprehend the injurers of an American national.

Originally international law covered only protection from physical harm. It evolved to include several rights of foreign nationals, such as against discrimination. Protections sought for aliens now include human rights.

In the Luneta incident all the participants were government officials and personnel — including the hostage-taking policeman. Gross negligence marked the handling, which led to the deaths of some hostages. No less than the investigating commission confirmed so.

Under international law, Funa says, the legal consequences for the breaching state are:

• duty to cease and not to repeat;

• duty to make full reparations — by restitution, compensation or satisfaction.

On the part of the injured state:

• right to invoke responsibility;

• limited right to take counter-measures.

A state has the right to expel aliens or to declare certain diplomats persona non grata. It also has the duty to protect aliens within its territory.

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In observance of its 43rd anniversary, the Sigma Kappa Pi will hold a daylong national congress on Saturday, September 3, 2011, at the Angeles City Library on Santo Rosario St. Right after is the anniversary festivity at the Casino Filipino Entertainment Hall in Balibago District. Contact Bing Villarta, 43rd Anniversary chairman, 0905-2801782.

A pre-anniversary golf tournament is to be held on Wednesday, August 31, teeing off 11 a.m. at the Mimosa Country Club, Clark Freeport. Hosted by Vic Lugue, 0917-8129663.

On September 1, Thursday, is the turnover of funds for the Gawad Kalinga indigent housing in Recomville, Caloocan City. Following is a party hosted by the U.P.-Diliman parent chapter at Vinzons Hall Contact Mark Arcaya, 0922-9953166 or 0947-4402525).

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Catch Sapol radio show, Saturdays, 8-10 a.m., DWIZ, (882-AM).

E-mail: [email protected].