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Wednesday, June 25, 2008

 

INSIDE CONGRESS
By Efren L. Danao
Suspects have human rights, too

 
One of the most worrisome aspects of our criminal justice system is the frequent violation of the human rights of crime suspects. They are paraded before media even before they are formally charged in court. In not a few instances, the suspects were killed in what police called “shootouts.” It just pains me that when actual shootouts take place, police could not shoot straight and civilians are invariably hurt. But in these “shootouts,” police suddenly become sharpshooters.

Sen. Nene Pimentel is well aware of this chink in our criminal justice armor. He filed Senate Bill 1160, the “Human Rights Resource Center Act of 2007,” as an offshoot of the extra-judicial killings of local journalists, crime suspects and members of left-leaning groups. Sen. Chiz Escudero and Sen. Noynoy Aquino, chairmen of the Senate Committee on Justice and Human Rights and on Local Government, respectively, have immediately reported out Nene’s measure through Committee Report No. 54, with high hopes of having it passed in the Second Regular Session.

Nene’s bill proposes the establishment of Human Rights Resource Centers (HRRCs) throughout the country to integrate the promotion and protection of human rights in the implementation of the criminal justice system, in the conduct of local governance and in local law enforcement. These centers shall be the repository of all human rights concerns at the provincial level, and shall, among others, monitor compliance with international treaty obligations and national legislation on human rights.

The HRCCs shall be attached to the Office of the Governor in every province. However, the regional office of the Commission on Human Rights (CHR), the Office of Provincial Prosecutor, the Office of the Provincial Commander of the Armed Forces of the Philippines and the Office of the Provincial Director of the Philippine National Police shall collaborate and coordinate in ensuring the effective operation of the HRRCs.

In urging the establishment of the HRRC, Pimentel stressed that the protection of human rights is essential to any country that calls itself democratic.

Wrongful arrest, rubout?

Had the HRRC been operational three months ago, it could have been easier for the family and friends of ex-Sgt. Ricardo “Edgar” Gomolon to seek assistance in his claim of wrongful arrest by the National Capital Region Police Office (NCRPO).

NCRPO chief Director Geary Barias presented Gomolon in a press conference last May 30 as one of the suspects in the May 16 robbery-slay of 10 people at the Cabuyao, Laguna, branch of the Rizal Commercial Banking Corporation (RCBC). A week before Gomolon’s arrest, three other suspects were killed by police in an alleged shootout in Tanauan City. The Commission on Human Rights had claimed the killing was a “rubout” after scrutinizing 15 sworn statements. CHR Chairman Leila de Lima questioned why one of the slain suspects, Pepito Magsino, bore 14 bullet wounds, including two in the head.

Gomolon’s wife, Leah, has been continuously seeking help from human rights advocates to help her in establishing that her husband is innocent of the rob-slays. Their neighbors corroborated her claim. An Inquirer report quoted neighbors as saying that they last saw Gomolon in their community at Southside, Makati, on the day of the heist until the next day.

Recalling Gomolon’s arrest on May 24, Barangay Councilor Luis Cameran said that contrary to police claims, Gomolon was not riding on a bicycle and did not have a gun on him at that time. The Inquirer report also quoted Cameran as saying Gomolon was arrested by police at his house while he was being interviewed by personnel of Makati’s Social Work Department for a National Food Authority access card.

And how true is the claim that the 9-year-old beggar tagged by NCRPO as witness did not initially mention Gomolon among the suspects who were in the vicinity of RCBC branch in Cabuyao? The boy reportedly mentioned in his testimony seeing S/G Joel de la Cruz and a certain Allan Bago in the bank’s vicinity, but not Gomolon.

In his written testimony submitted to Task Force RCBC, the gang’s alleged look-out,Crisanto Alvarez, said de la Cruz was the one who let the suspects—Magsino and cohorts—named as Jake Javier, Jun Alvarez, and Eugenio Hilario—into the bank through its front entrance. I note that, like the boy, Alvarez did not mention Gomolon in his written testimony as among the members of the robbery gang involved in the RCBC heist.

Like everybody else, I want to see the RCBC heist solved and the real perpetrators punished. However, police should not be arresting anybody just to show to the public that they are on the job. I remember the Vizconde massacre where the police arrested three sets of suspects, declaring the case solved after each arrest. Is this going to happen again in the RCBC case?

efrendanao2003@yahoo.com

   
 

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