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Gabriela calls for CHR probe into deaths in military-NPA clash

Philstar.com

December 3, 2017 | 5:10am

Gabriela calls for CHR probe into deaths in military-NPA clash

Gabriela called on the CHR to conduct an independent probe into the deaths in a clash between NPA rebels and the military to check if there were violations of international humanitarian law. Under the Geneva Convention, which covers the treatment of prisoners of war, those taking no active part in the hostilities including those out of action due to sickness, wounds, detention, or any other cause must be treated humanely while the wounded and sick shall also be collected and cared for. The Philippines is a signatory to the Geneva Convention. Senate PRIB/Joseph Vidal, File

MANILA, Philippines — Gabriela urged the Commission on Human Rights to probe if the deaths in a clash between state forces and the New People's Army in Batangas violated international humanitarian law after a photo shared on a Facebook page linked to the Armed Forces raised doubts on the military's accounts of events.

Fifteen people were killed in an operation by the Philippine National Police and the Air Force in Nasugbu, Batangas last November 28. Among the casualties was student leader and Gabriela Youth UP Manila officer Josephine Lapira.

A photo of Lapira posted on the Legal Army Wives Facebook page showed her dead body on the ground wrapped in bloody blankets. Gabriela said this was in contrast to the Armed Forces' claim that she was brought to a hospital for treatment.

"We hold the PNP and the Armed Forces of the Philippines (AFP) responsible for revealing the name of Josephine Lapira... without the family’s express consent. We denounce the AFP for releasing a photo through Legal Army Wives Facebook page showing Lapira’s dead body on the ground wrapped in bloody blankets."

Under the Geneva Convention, which covers the treatment of prisoners of war, those taking no active part in the hostilities, including those out of action due to sickness, wounds, detention or any other cause, "shall in all circumstances be treated humanely, without any adverse distinction founded on race, color, religion or faith, sex, birth or wealth, or any other similar criteria." The wounded and sick shall also be collected and cared for.

The Philippines is a signatory to the Geneva Convention.

Gabriela called on the CHR to conduct a thorough and independent probe into the incident "to help the families in their quest for justice." Results of the investigation could help in filing cases of violations of human rights and international humanitarian law against the police and military units involved.

Gabriela Secretary General Joms Salvador said they have gathered first-hand information alleging to the brutal manner of the deaths and the desecration of the remains.

"The haphazard handling of the crime scene investigation points to a whitewash, amid initial reports that also point to excessive use of force and overkill on the part of AFP and PNP operatives... Such handling casts doubt on the manner and conduct of the operation, especially since the PNP and AFP are notorious in planting and concocting so-called evidence in order to file trumped-up charges against their numerous victims in their counterinsurgency operations," Salvador said.

Concern over shoot-to-kill order

The women's rights groups also called out President Rodrigo Duterte over his shoot-to-kill orders against perceived enemies of the state, which, it warned, provides "blanket authority to use naked armed attacks against all persons deemed as part of groups opposed to his rule."

Duterte told the military not to worry about human rights in engaging with NPA rebels.

"Do not answer that issue of human rights. You say, 'Go to Duterte. It is and was his order,'" he said.

Gabriela said the president is "allowing the PNP and AFP free rein to create scenarios of 'terrorists' or 'destabilization' plots to help justify his wild claims and pronouncements."

"All these set the stage for Pres. Duterte’s purported plan to declare a fascist dictatorship."

Duterte has doused fears that he would declare a revolutionary government, a form of self-coup disabling the current government system and Constitution, after initially threatening to found one.

READ: Supporters, counterprotesters cross paths as Duterte toys with revolutionary gov't

Duterte tried to engage in talks with the communists at the start of his term seeking to achieve a peace deal in hopes of putting an end to the 48-year rebellion, one of Asia's longest. He later canceled negotiations after allegations of continued guerrilla operations against state forces.

The rebels, meanwhile, argued that government forces were continuing their operations in their lairs despite the talks.

Duterte formally ended peace talks last November 23 and threatened to declare the communists as terrorists.