CULTURE OF IMPUNITY: Criminals Are proud

By: Ivy Leomen B. Codilla

Published by The Nexus, the official publication of MSU College of Law,June-September 2006

Death be not proud, because it cannot conquer our soul. Death cannot set out fearlessness; it may end our mortal body but not our hopes, dreams and principles. Ergo: death cannot really be proud.

The scale and madnitude of the so-called "extrajudicial killings" is not happening in one isolated area, nor in one region alone, but has become a nationwide occurrence. The magnitude of the same is such that one militant is reported lost or abducted every two days. The people are so used to hearing about reports of abductions by the military that it is not anymore shocking to their senses.

We wonder, therefore, why the perpetrators of these exyra judicial killings and involuntary disappearance continue to be free from the reins of the law.

The extra judicial killings or summary executions are said to be politically-motivated. The victims are civilians, unarmed, ordinary people, although some are identified activist, leaders, members and supporters of caused-oriented groups. Church leaders, priests, pastors, lawyers, judges, human rights advocates have also been killed. Some of the victims have no known political affiliations and are simply living in a community labeled as "New People's Army" sympathizers.

Palparan has labeled human rights advocates, progressive legal organizations and even religious personalities as mere communist fronts and are therefore enemies of the state. The summary execution being practiced upon these individuals and organizations without due process of law is sneak or stealth attack and an undeclared Martial Law.

Records show that there are now over 745 victims of extra judicial killings and more than 180 enforced disappearances by the latest count (Alliance for Advancement of People's Rights, And Asia Human Rights Commissions). Yet, what is left to the bereaved families, relatives, friends and colleagues of victims is the government's suspicious and delayed action over this spate of killings.

In legal parlance, we have parens patriae, which means the state is the guardian of the people. The same is true with what the Commission on Human Rights has cited that it is the state which should be responsible in protecting its people.

This is where the liability of the present administration comes in because of its tacit approval. The State has failed to stop the killings. Worse, GMA even lauded Palparan, the butcher himself, in her State of the Nation Address. Despite his retirement, GMA initially offered him a position in her cabinet, but had to back off due to the adverse reaction of the international community. It took years and more than 500 victims before the President ordered an investigation through the formation of Task Force Usig. Recently, the Arroyo administration also created the Melo Commision, headed by retired Supreme Court Justice Jose Melo amidst the pressure of the local and international human rights groups and the Amnesty International (AI). However, the Melo Commission has to prove its existence and worth as an investigative body to address the problem.

The public doubts the credibility of the Melo Commission because it includes the Chief State Prosecutor and National Bureau of Investigation Director to man the body. Worse, its budget is said to be taken from the military. These may compromise the administration and they can be biased. But the Commission on Human Rights chairperson substantially said that the public should give the commission the benefit of the doubt as it looks into the problem.

In such a way, Human Rights groups in its analysis assailed that the present government is responsible for promoting a culture of impunity.

This reality is being watched and struggled. The trend shows that it rakes up slaughter or carnage inflicted in many regions by perpetrators passionately scorned for its arrogant bloodshed campaign.

This culture of impunity is totally inconsistent with our standards of morality. History could be our guiding light. No empire has ever stood against the tensions of time if morality standards are violated.