 |
 |
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
|
|
 |
 |
 |
 |
 |
 |
 |
 |
 |
|||
 |
||||||||||
 |
 |
 |
||||||||
25 August 2009 – The Commission on Human Rights, acting upon the referral of the Office of Senator Antonio F. Trillanes IV, seeks the removal of six of the seven Philippine Navy personnel, allegedly members of the Magdalo group, in the PNP’s Wanted List. The enlisted personnel were included in the Wanted List due to their alleged participation in the Oakwood and Manila Peninsula incidents. This was done in the absence of the filing of formal charges against six of these men, either in the civilian or military courts. The alleged Magdalo members are:
The CHR-NCR investigation team reported that, except for Pfc Monchito Lusterio, the six other Navy personnel are not among the accused in the criminal cases involving the takeover of the Manila Peninsula and the Oakwood Mutiny. It also appears that none of the seven alleged Magdalo members were charged or tried for the Manila Peninsula incident in any military court. Although they were tried by court martial and convicted for their participation in the Oakwood Mutiny, they have already served their respective sentences and have been back on full active duty since 18 May 2005 . The officers of the courts, before which the cases involving the Manila Peninsula and Oakwood incidents were filed, issued their respective certifications verifying these facts.
The Commission’s investigation has also revealed that no definite information could be acquired from the PNP Office directly responsible for the release and publication of the Wanted List containing the names of the seven alleged Magdalo members. The investigating team was merely told that the inclusion of the seven alleged Magdalo members in the PNP’s Wanted List was directed by the former PNP Chief sometime in the years 2006-07. The Commission also learned from the PNP Human Rights Office, that the police force only considers two things in the generation and publication of said list, namely: 1) that the person was already convicted and is at large; or 2) that the person has not yet been convicted but a case has already been filed in court but has not yet been arrested, or has been arrested but jumped bail.
Considering that only Pfc Lusterio falls within the requirements given by the PNP, the Commission is of the belief that there is no legal basis for the inclusion of the other alleged Magdalo members in the Wanted list.
Chair de Lima, citing paragraph 1, Section 17 of the International Covenant on Civil and Political Rights, said that the continued inclusion of the six personnel in the PNP Wanted List is a clear violation of their human rights, namely, the right from arbitrary or unlawful interference with their privacy, family, home or correspondence and from unlawful attacks on their honor and reputation.
“Unless the Philippine National Police has some other legal basis for holding the alleged Magdalo members in its Wanted List, it is the urgent concern of the Commission that said personnel be immediately removed from the PNP Wanted List,” says Chair de Lima in a letter dated 20 August 2009, and sent yesterday, to Chief-PNP, Police Director General Jesus A. Verzosa.
The Chairperson also requested that the PNP furnish the Commission with a copy of its official policy and guidelines, if any, on the generation and publication of its Wanted List. This request was made so that the Commission may review said document to determine if the guidelines are being properly implemented, or if a revision is necessary, in order to conform to international standards and to avoid any unfortunate or unintentional violation of the internationally and constitutionally guaranteed human rights.