AFP says soldiers involved in killing of activists did it on their own

By Ronron
January 30, 2007

The Armed Forces of the Philippines (AFP) leadership admitted on Tuesday that it has members who engaged in killings of militants but clarified that it was done on their own, and not sanctioned by the organization.

In a news briefing at Camp Aguinaldo, AFP Chief of Staff Gen. Hermogenes Esperon, Jr. said yesterday that six of the 114 cases investigated by the Philippine National Police’s (PNP) Task Force USIG implicated members of the AFP as suspects.

The revelation came after a member of the Melo Commission hinted that the military organization was partly responsible for the spate of extra-judicial killings that have gone high since President Gloria Macapagal-Arroyo assumed power in 2001.

But Esperon said that only one of the six cases has so far resulted positively, resulting in the discharge from the service of the accused Army enlisted personnel in 2002. Another case remains pending at the Naga City Prosecutor’s office, while the remaining four were dismissed due to lack of evidence.

“We acknowledge that some members of the AFP have been involved in the deaths of some members of militant organizations but we definitely do not condone these,” Esperon said.

The military chief identified the dismissed soldier as Army Corporal Alberto Rafon of the Army’s 2nd Infantry Division. Esperon said Rafon was discharged from the service on October 8, 2002 after he was found guilty for violating Articles of War 62 (Absence Without Official Leave), and AW 64 (Disrespect Towards Superior Officer) over allegations he killed the activist Nicanor de los Santos in December 2001 in Antipolo City, Rizal.

“More than condemning this acts, we have taken action to investigate them in order to prosecute those who are responsible,” Esperon explained.

He reiterated that there is no State or military policy to kill or neutralize political activists, only armed members of the New People’s Army (NPA) during actual encounters.

In fact, the AFP, he said, has been advocating for respect of human rights, proof of which is the inclusion of human rights and International Humanitarian Law since 19991 in the curriculum of all career and specialization courses in the AFP.

A clearance from the Human Rights Commission is also mandatory before one gets promoted, said Esperon.

And in the last Command Conference of the AFP last January 6, Esperon said he directed unified commanders to submit to him a “Special Report” of any unexplained killings in their areas of responsibilities.

Rear Admiral Amable Tolentino, chief of the AFP Civil Relations Service, was also designated effected January 3, 2007 as permanent military representative to TF USIG “to help speed up investigations.”

And come February, an AFP Human Rights Office under the direct supervision of Deputy Chief of Staff Lt. Gen. Christie Datu will be activated “to address all issues regarding human rights.”

“The AFP assures the public that it does not tolerate nor condone human rights violations. The soldiers implicated will be prosecuted according to the Articles of War and, if found guilty, will have to face the full force of the law. They shall also be answerable in civilian courts for any criminal act that they committed,” Esperon said.

Asked why retired Maj. Gen. Jovito Palparan, Jr. was never investigated by the military despite several allegations from militant groups against him, the military chief replied: “Because there was on formal complaint. All were just mere allegations.”

He said Palparan could not also just be held liable based on command responsibility because this principle does not cover criminal offenses, which are “individual” in and by nature.

Esperon challenged instead the Communist Party of the Philippines-New People’s Army-National Democratic Front (CPP-NPA-NDF) to respond to the same allegations hurled against the military, especially that the bulk of the cases are allegedly perpetrated by the communist movement./DMS