Arrest warrants out for Nur, others

ZAMBOANGA CITY, Philippines – The regional trial court here yesterday ordered the arrest of Moro National Liberation Front (MNLF) chairman Nur Misuari and his gunmen over the three-week siege in the city that left hundreds of people dead and thousands wounded and homeless.

The court ordered the arrest of Misuari and 60 of his men after the Department of Justice (DOJ) on Monday filed charges of rebellion and violation of Republic Act 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.

Regional Trial Court branch 13 Judge Eric Elumba issued the warrant of arrest against Misuari and his men, led by his trusted commander Habier Malik, Assamin Hussin and Bas Arki, who are all at large.

Prosecutor Gladdy Bernabe led the DOJ team of prosecutors in filing the case before Elumba on Monday.

The DOJ recommended no bail for Misuari and his commanders, and a bail of P200,000 for their followers on the rebellion charges.

On the separate cases on RA 9851, no bail was recommended for all accused.

Justice Secretary Leila de Lima confirmed the Zamboanga court issued the arrest warrants against Misuari and his men.

“I precisely checked out the evidence and I’m convinced that we have sufficient evidence and strong evidence this time around to prosecute successfully Nur Misuari et al. That is exactly the instruction of the President, to ensure a successful prosecution,” De Lima said.

The DOJ found probable cause on charges of rebellion after Misuari and his followers launched an armed public uprising in order to hoist the MNLF flag in front of the Zamboanga City Hall to signify their declaration of independence from the Philippine government.

On the other hand, the RA 9851 charges were approved after Misuari’s gunmen took some 300 civilians as hostages while engaged in armed combat with government forces, which resulted in the deaths of 12 non-combatants.

The DOJ probe also showed the MNLF rebels intentionally directed attacks against the civilian population, used civilian hostages as human shields to thwart any action from government troops, attacked and burned 9,732 houses and buildings, and caused damage estimated at more than P200 million.

The DOJ also sought before the Supreme Court the transfer of the trial venue from Zamboanga City to any court within Metro Manila. The motion was filed in response to the request of Zamboanga City Mayor Maria Isabelle Climaco, citing “serious” security concerns in seeking the transfer of venue of the trial.

De Lima said the DOJ would also move for the transfer of 57 respondents, who are not in the custody of the government, to the PNP detention facility in Bicutan, Taguig City.

De Lima added Climaco has agreed to testify against the MNLF rebels.

Hundreds of MNLF fighters occupied parts of Zamboanga City for three weeks, taking scores of civilian hostages and battling military and police in a bid to disrupt government peace talks with rival Moro Islamic Liberation Front (MILF).

The MNLF members were eventually driven out and their hostages freed but more than 116,000 people were forced to flee their homes.

Although the government acknowledges Misuari was not among the armed attackers, it says it has proof he ordered the operation. His three commanders Malik, Arki, and Hussin are accused of leading the attack and are also still at large.

Misuari disappeared from public view shortly before the fighting broke out in Zamboanga City on Sept. 9. Misuari had been angry over the peace talks with the MILF, believing any agreement with the rival group would sideline the MNLF and the 1996 peace agreement.

Asked if police knew where Misuari is hiding, Philippine National Police (PNP) spokesman Senior Superintendent Reuben Sindac said he could not reveal such operational details.

Last week, police raided Misuari’s home in Zamboanga and found explosives and documents. The government said charges of illegal possession of explosives would be filed against Misuari over the seized items at his home in Zamboanga.

Still committed

Malacañang said it would remain committed to the peace agreement with the MNLF even if Misuari, the group’s founder, has been charged with rebellion.

“The 1996 final peace agreement stands. We honor that peace agreement regardless of who the signatory was so we will continue to engage the MNLF,” presidential spokesman Edwin Lacierda said.

Lacierda said they are ready to join the tripartite review process that seeks to look into the implementation of the peace deal.

The review involves the Organization of Islamic Cooperation (OIC), the MNLF and the government representatives with Indonesia serving as facilitator.

“We just don’t know when the tripartite review process is going to happen but our commitment to engage with the MNLF is there,” Lacierda said.

When asked whether the government is ready to undertake the tripartite review even without Misuari, Lacierda replied: “As ready as we will ever be.”

Lacierda said the review was supposed to be held last month but this was postponed due to the Zamboanga crisis.

He noted though that the 1996 peace agreement with MNLF did not contain a provision on disarmament.

“That’s why there is what we call normalization annex in the Bangsamoro framework agreement (with the MILF), an item which was not found in 1996 final peace agreement,” Lacierda said.

The government, on the other hand, continued to look into the needs of the thousands of evacuees displaced by the fighting. – With Edu Punay, Alexis Romero, Jaime Laude, Rudy Santos