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Thursday, March 29, 2007

 

EDITORIAL

A kangaroo court


ALL that publicity about a people’s tribunal in The Hague condemning the Arroyo administration as being responsible for extrajudicial killings in the Philippines was a lot of noise.

A group that calls itself the Permanent People’s Court had met in The Hague to hear violations of human rights in the Philippines. Much of the media picked up its conclusions and gave them generous newspaper space and airtime.

“A kangaroo court,” was how the Dutch Ambassador to the Philippines Robert Vornis called the proceedings.

“We are concerned about the human rights in the Philippines and we share that concern with the authorities and the government. At the same time, regarding the People’s Tribunal, it would seem to me the verdict was a foregone conclusion,” the ambassador said.

“And therefore, it is a tribunal that is to me more of a political exercise than a judicial exercise. In that respect, perhaps we should think of it more as a kangaroo tribunal than anything else,” he continued.

Unfortunately a senator of this republic, Jamby Madrigal, has decided to exalt the PPC, with its mainly left-of-center participants, as something sacrosanct, a fount of wisdom and justice, instead of the kangaroo court that it is.

The American Heritage Dictionary defines a kangaroo tribunal or court as “a mock court set up in violation of established legal procedure” or “a court characterized by dishonesty or incompetence.”

Ambassador Alistair MacDonald, chairman of the European Commission in Manila, would not comment on the verdict because the tribunal was a “nonofficial body . . . nongovernment.”

The ambassador spoke at a press briefing called to mark the 50th anniversary of the union, an organization of 27 countries. The European Commission serves as its executive arm.

The Hague-based tribunal functions very much like the private-sector “people’s courts” convened periodically by Filipino militant groups claiming to try excesses by the government.

Malacañang and the Armed Forces have said that the people’s tribunal is biased and self-serving.

That the Hague’s PPC is a kangaroo court, however, does not absolve the military of charges that some of its officers and enlisted men have participated in numerous extrajudicial killings that victimized mostly militant labor, peasant and student leaders. Activist groups that keep count said more than 80 summary killings have taken place since 2001.

The AFP and the Department of Justice have complained that attention has not been paid to purges committed by the New People’s Army against party renegades and of having staged its kangaroo courts in the name of people’s justice.

The government has acknowledged the killings and claims that 60 cases have been brought to the courts, with four convictions.

President Arroyo has also invited the United Nations and the European Union to help solve the killings or to recommend measures to stop a continuing wave of violence.

The military has attracted blame for the killings owing to a notorious general’s policy of repression against militant civilians and the AFP’s political campaign against left-of-center party-list organizations.

In its latest misstep, the AFP fielded armed troops in the poorer neighborhoods of Metro Manila to combat what it calls urban terrorism.

The generals have to be told that the best weapon against metropolitan insurgency is not warm bodies on the streets but sound intelligence, supported by undercover specialists, sting operations and sophisticated surveillance.


A humane prison

A SMALL revolution in prison reform has taken place in Parañaque with the construction of a spacious, modern prison on a 3,000-square meter property on Coastal Road, La Huerta.  

The four-story building could accommodate a thousand inmates. The current city jail, which houses 743 residents, was originally built for only 100 detainees.

Observers said the Parañaque facility meets the requirements of a modern prison, which include clean toilets and baths, medical and dental clinics, a kitchen, a visitors’ area and a multipurpose hall.

“The new jail was built to replace the congested prison and provide inmates modern facilities and more humane living conditions,” Parañaque Mayor Florencio Bernabe Jr. said.

The facility strengthens Parañaque’s claim to being a progressive city. All jails in Metro Manila are notorious for overcrowding, dirt, unclean water and fetid air.

All over the country, as a matter of fact, most city and municipal jails function as warehouses for offenders who do not receive fair treatment from local governments. As in the national prisons and the provincial jails, municipal jails are a breeding place for disease, crime and despair.

Bernabe was wise to say that a humane jail is important since penal rehabilitation is a pillar of the criminal-justice system. It is right that offenders be “punished” for their crime but, at the same time, they should have access to opportunities that rehabilitate their ways and that prepare them for a productive reentry to the mainstream.

   
 

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