Maguindanao Massacre Essay

no(prenominal)ember 23, 2009 a re anyy conception-shattering date to tout ensemble cotabatenos and a precise contr everyplacesial date to any unitary who greets just near the murder. A day fourth diwork forcesion that brought the city into darkness.The measure where jural age of the good deal were into a great fear.The day where humankindy innocent spate were execute due to the leadingness of separates to win the position.Even for a e assure long intemperateened to pick violence, the thrashing of at to the lowest degree(prenominal) 57 defenseless civilians on the primary(prenominal) gray island of Mindanao, many of them relatives and supporters of a local politico and a large group of journalists, sets a new low. This troubled corner of the Philippines unremarkably makes headlines for its long- guidening Moslem separatist rebellion. nevertheless the killings starkly exposed a peoplewide disquiet the fierce competition for regional powerfulness among th e rudes sm all told fat-free of a few hundred families and kinship groups that oerlook an inordinate amount of the national riches and the desperate lengths close to go forth go to protect their hold on power.The approximately talked closely incident that happened 4 eld ago has not been resolved until outright. The fierce killing of 57 persons that were just about to file campaign for Cotabatos designer regulator Esmael toto mangudadatu. On that day, the wife of Esmael Mangudadatu, a local politician, was to submit a security of Candidacy on his behalf. He was to run for provincial governor. Local journalists joined them in a convoy going to the place of the Commission on Election in the municipality of Shariff Aguak. The journalists were interest as it was the starting time time that in that appreciate is a man who exit draw a bead on risks to concur a contest with an ampatuan in terms of running for aposition.. It was a challenge to the Ampatuans, the powe rful command semi governmental clan. The Ampatuans were supporting Andal Ampatuan junior, son of the on that pointfore incumbent governor, Andal senior, to succeed him as governor. But before Esmaels wife, her society and the journalists could do the Comelec office, the local police forcemen, soldiers and para army forces blocked their carriage at the highway. They were allegedly given orders by Andal Ampatuan Sr., and then incumbent governor and too the patriarch of the Ampatuans and his son, Andal Jr., to kill the group.All the victims were taken to a hilltop where they were executed. Their bodies were buried in a mass grave unneurotic with their flattened vehicles. Their purpose was not to k instantly where the killed bulk were. The magnitude of the Maguindanao put to death stands as evidence of an enormous challenge to the countrys system of referee. In this case, there be 196 defendants, for each star of them thrilld with 57 counts of recognise for the d eath of 57 people, all charges creation heard at the regional Trial romance (RTC) in thermionic valve Manila. The proboscis of unrivalled journalist, which is needed in prosecuting a capital punishment case, could not be found. Over 500 others named only as John Does in the shepherds crook charges put up not in so far been identified. Of the 196 defendants, 93 direct been chokered however, common chord of them halt acc utilise the police incumbents of prevailing them in the place of unfeigned impeach. Of the 93 defendants in hold, 29 of them fall in not been arraigned in open tribunal yet.Before the exam could begin, it took the National pursuance Service, the prosecution arm of the De betterment of Justice, over 2 months to file the 57 counts of murder in court against the defendants. Here, although the prosecution body did comply with its legal agreement to complete the preliminary investigations in at least 40 days for ordinary cases and 90 days for cases involving public officials as required by the Revised districts of Criminal Procedure, Rule 112 on Preliminary Investigation, to be qualified to proceed with the runnel to realize that an impelling assuage is achieved has been problematic in reality. The hardship of the Philippine National Police to arrest the other 103 defendants, who be still at large both eld subsequently the slay, has further slow sight the discharge of the case. Although all of the accused atomic number 18 charged for murder in a single incident, in determining criminal liability each must be arraigned, seek and examined matchless by and by whatsoever other in court during the trial.The accused could in any case nous the merit of the case by submitting petitions and motions in court each to lay brush up their namesexcluded from the murder charges or having the consummate case dismissed on question of merit. However, not all motions and petitions filed by defendants, especially tho se of powerful and influential political figures be in good faith. In this case, some defendants who invoked a remedial secure filed their petitions to either exclude their names from the murder charge or dismiss case allegedly to deliberately delay the trial. To date, there argon still 29 defendants, including Zaldy Ampatuan, causation governor of the Autonomous Region in Muslim Mindanao, who live with not been arraigned. Zaldy is the son of Andal Sr. Under the Speedy Trial bring of 1998, section 6, in trial of criminal cases in no case shall the stainless trial period exceed one hundred eighty (180) days from the first day of trial however, four of the septenary exclusions applicable in this case, as stipulated in section 10 of the same law of nature, arrest rendered the law inoperative.These exclusions ar delays due to trials with respect to charges against the accused interlocutory appeals hearings on pretrial conference motions from orders of inhibition, or proceedin gs relating to change of venue of cases finding of the existence of a sound prejudicial question and absence or unavailability of the accused or an inborn witness. Thus, the delay in this trial has so far been justifiable in the national law. I argue that these open-ended and coarse exclusions lead denied both the accused and the complainants their natural rights to speedy trial. The absence, if not lack of, adequate legal provisions that would ensure that motions and petitions that the defendants filed atomic number 18 examined thoroughly to prevent any commence to deliberately frustrate the course of arbitrator has exposed the court system as being open to manipulation.In this case, the defendants filed legion(predicate) petitions, motions and appeals that were legally justifiable in the exclusions name of the Speedy Trial Act. Even though concord to the Philippine Daily querier the court (had) practically holds three hearings a week motions are heard on Mondays in Quezon City bit the veridical trial is conducted at Camp Bagong Diwa in Bicutan, Taguig City, on Wednesdays and Thursdays (23 November 2011) for over a class immediately, there is no sign that the trial of the massacre case could reach its certainty anytime soon. Therefore, the remark by one of the hidden lawyers, Harry Roque that the trial could take 55,000 years if we take as a institution that it takes basketball team years to try a single case in the Philippines (according to one study) isnot an over readment. This could in fact be the length of the trial if the 196 defendants would be tried each for charges of 57 counts of murder. Effective revivify misdemeanours in multinational lawI argue that the Speedy Trial Act, in developicular its section 10, does not adjust to world-wide norms and standards because its exclusions institutionalize delays in trial of cases and thereby deny an effective remedy. The home(prenominal) law and the rules of procedures that protect these rights exist, scarce they do not conform to outside(a) law. The home(prenominal) law rather has dilute substantive rights to be mere adjectival rights. The UN Human Rights citizens committee has already held that the Philippines was in two cases in violation of its obligation under the obligation for failing to ensure the effective remedies at the domestic level. In its views on Evangeline Hernandez v the Philippines (Communication No. 1559/2007, views pick out on 26 July 2010, UN Doc. CCPR/C/99/D/1559/2007), the commission held it was in violation of article 6, as strong as a violation of article 2, dissever 3 because domestic remedies had been unreasonably prolong.The Committee cueed that the State party whitethorn not avoid its responsibilities under the obligation with the argument that the domestic courts are traffic with the matter, when the remedies relied upon by the State party earn been unreasonably prolonged. Evangeline is the mother of Benjaline H ernandez, a kind rights defender murdered by the military and paramilitary forces in Arakan, North Cotabato in April 2002. Evangeline filed the individual communication even without amply exhausting domestic remedies, arguing that investigations, prosecution and trial in her daughters murder control been toothless and unreasonably prolonged. The Committee has similarly observed that for over eight years later, at the time of examination of this communication, it would appear that criminal proceedings initiated against the accused have not yet been last-placeized. In another case, Lenido Lumanog and Augusto Santos v the Philippines (Communication No. 1466/2006, views adopted in 20 work 2008, UN Doc. CCPR/C/92/D/1466/2006), the Committee withal held the state party profaned article 14, divide 3 (c) of the Covenant because it failed in concluding the petition for go over into the death sentences of the complainants for eight years.Here, the state party was reminded of its leg al obligation with article 2, paragraph 3 (a),of the Covenant, to ensure an effective remedy, including the brisk review of their appeal before the Court of Appeals and compensation for the undue delay. The complainants, Lenido Lumanog and Augusto Santos, are two of five torture victims, jointly cognize as the Abadilla Five. The five were illegally arrested and detained, tortured to confess and after over 14 years of trial, were convicted for the assassination of Rolando Abadilla, a police colonel, in June 1996. They were convicted base on the testimony of one witness, Freddie Alejo. Alejos credibility has been questioned. In these two cases, the Committee found the Philippines has violated the rights of the complainants because the domestic remedies were ineffective and unduly delayed however, legally these violations to international law had found justification under the countrys domestic law, notably the Speedy Trial Act. In the domestic legal framework, delay is justifiable as part of the domestic criminal legal process, even though in these two cases it constituted a breach of the ICCPR.When domestic remedies are ineffective and unduly delayed, the aggrieved parties can file individual complaints with the Committee, since the Philippines has formalize the Optional Protocol of the ICCPR. Even when cases are within domestic procedural jurisdiction, the state could not invoke this as non-compliance to exhaustion of domestic remedies. To my bedledge, the Committees views and opinions have so far not been apply at the domestic level. piece the countrys Constitution adopts the generally sure principles of international law, without an established utensil to fully implement the Committees views, even if a state is held to have pull the violations of the Covenant and international law it signed, the notion of effective remedy will not exist in reality.The Maguindanao massacre is proof that the existing domestic mechanism, despite its recognition of the rights, is unable to comply with its international obligations because of the chronic defects of its own criminal legal expert system. The recognition of these rights in the 1987 Constitution, the codification of statutory laws and in criminal procedures and adoption of ordinance from foreign countries will not have substantial benefits to ensure protection of the right to an effective remedy. A well-developed domestic mechanism is a precondition in order to implement these rights. A backhoe driver has described in chilling percentage point how he used the spadeful to immerse the 58 victims of the Philippines worstpolitical massacre, according to a picture show aired Tuesday. The man utter he dug a big hole near where the victims were flavor by the Ampatuan clan in November 2009, then pushed the bodies as well as their cars piling the pit. I am Bong Andal, a trusted employee of the Ampatuansthey ordered me to bury the people they had massacred, said the man in the dec orate aired by Manila-based GMA network.The clan allegedly ordered the massacre to stop a political gibe, Esmael Mangudadatu, from running against one of its members for governor of Maguindanao, a poor farming commonwealth in the south. The Ampatuan patriarch, two sons and several family members are in custody and on trial for the murder of 58 victims, including 32 journalists who were covert the political contest. The backhoe driver was arrested last November, while more than 90 other distrusts keep at large. GMA said Andal had signed a deposition that was given to state prosecutors. It said it later had an exclusive interview with him, in which he repeated the allegations made in the written deposition. The network said part of his quotes were from the deposition and part from the interview. I used the backhoe to push the vehicles into the hole first. therefore I flattened them with its metal arm, the station quoted him as saying. Some of the vehicles had defunct people ins ide, so I just closed my eye out of fright and got on with it. Andal also said he used the excavators arm to drag the dead bodies into the hole, the station said.Andal alleged in the video clip that the clan patriarch, Andal Ampatuan Senior, ordered him to take the excavator to the place where the 58 people were shot dead, and to make sure it had comely fuel. The Ampatuans state of warned me and my parents not to pose myself arrested. They said if I get caught they would kill my parents, my siblings and my children. The driver is being held by the national governments witness protection program, along with other witnesses, amid fears they could face retribution for testifying against the clan, GMA said. At least three witnesses have been killed since 2010, including a reason Ampatuan family employee whose dismembered remains were found stuffed into a hammock in 2012. Andal wants to become a state witness, GMA said GENERAL SANTOS CITY, Philippines Lest we forget, we must remind ourselves that 4 years ago, 58 people were killed in one of the most(prenominal) venomous massacres in the long line of political murders in the country.On a heat up mid-day on Nov 23, 2009, Datu Unsay township city manager Andal Ampatuan Jr and some 192 relatives, policemen, militiamen, and bodyguardsstopped a convoy of vehicles that was on its way to the provincial capitol of Maguindanao in Shariff Aguak and diverted it to a secluded and outdoor(a) village in Masalay, Ampatuan town. There, witnesses said Andal Jr and his minions peppered the yell and begging victims with bullets. Some 4 hours later, the world was jolted and revolted by the gruesome massacre. cardinal of those who were mercilessly gunned down were journalists and media workers. Standing accused and being prosecuted for the barbaric crime are members of the most fearsome and influential political warlords in Mindanao, along with their henchmen and avid supporters. half a dozen members of the Ampatuan clan h ave since been arrested and are now detained at Camp Bagong Diwa in Bicutan, Taguig City.While most hazards have been arrested and detained, many are still at large. At least 8 of those still in the splinter bore the surnames of the principal suspects Ampatuan. And while 96 or so of the suspects are now detained, all but one have yet to face trial, the process bogged down by delaying tactics by the defense. In that one case that has gone on trial, the lawyers of the accused have yet to wassail their case after the prosecution rested on November 6 or 4 years to the month since the massacre. At least 3 witnesses have been killed since 2010, including a creator Ampatuan family employee whose dismembered remains were found stuffed into a going in 2012. Despite this, Justice depositary Leila de Lima has said that President Benigno Aquino 3 wants suspects convicted before his term ends in 2016.The final pathwayOn Thursday, November 21, families of the media workers and journalis ts who perished in the massacre will retrace the final road traveled by their loved ones and subscribe one message When will referee ever be achieved? Indeed, it is not luxuriant to see the masterminds and their minions confined in their detention cells. Paramount is retribution for the victims for the massacre committed by the Ampatuans. The families are demanding justice.The world is insistence on the day of reckoning. Many are convinced that without it, the culture of impunity will constantly be with us.2009 will go down in history as the darkest year yet for the Philippine media with the killings of 57 people, including 32 journalists in southernPhilippines on 23 November an event that has come to be known as the Maguindanao massacre. A Philippine regional traial court today ordered the arrest of 189 suspects linked to the gory November 23, 2009 Maguindanao killings of 57 civilians, which shake the media worldwide. It was as if some senators read an prophesier on the fat e of the civilian massacre case in Maguindanao. Though governments all over the world deplored the killings, the case has broken its momentum. The celebrated Maguindanao massacre case took another twist when two members of the powerful Ampatuan clan tagged as two of the main suspects in the November 23, 2009, killings were cleared by the surgical incision of Justice because the existence of a confederation was not provenAnger and relatives cries for justice reverberated on Thursday at the resumption of the celebrated Maguindanao massacre trial as a medical legal officer testified that one of the victims may have been looted before she was shot. Maguindanao massacre had been the most talked about topic since the day it happened. It affected not just the city of cotabato but also other places as soon as it was aired on television. The people in cotabato, specially those families who had lost their loved ones because of the barbarian killing had been traumatized. It brought fear t o us because it was the most brutal occurrence that happened. I know that in cotabato there are a lot of incidents happening. Like bomb threats,kidnapping,killing and the war against the terrorists but this topic was the most fearful.To compare, governing arrested 12 suspects at the time of the massacres second anniversary in 2011.Two other suspects considered big look for who each carried the P300,000 liberality were arrested that year Tumi Timba Abas and Dukoy Badal.Then in 2012, eight were also arrested, including two crowing Ampatuan clan members, namely Datu Anwar Upham Ulo Ampatuan and Datu Anwar Ipi Ampatuan Jr.But this year, apart from not arrest any prominent Ampatuan clan member, administration have only arrested one suspect that carries the P300,000 bounty Talembo Tammy Masukat, who was collared on February 16.The 6 others arrested this year carried a lower bounty of P250,000 eachNasser Guia, arrested on February 8Maot Bangkulat, April 8Kudza Uguia Masukat, April 15Edris Nanding Tekay, May 28 ma Nomba Habib, July 25 andAlimudin Sanguyod, October 18.An eighth suspect, Maguid Amil, was killed by authorities after resisting arrest in Maguindanao on February 8. Amil reportedly hurled a grenade and fired at one of the arresting officers.As of measure time, the total number of arrested suspects stands at 108.Of this number, 104 have been arraigned and all pleaded not guilty to the multiplex murder charges.Among those arraigned are the eight prominent Ampatuan clan members, including patriarch Andal Ampatuan Sr, a former Maguindanao governor, as well as his three sons, Andal Jr, Rizaldy, and Sajid. Considered the worst single-day election-related violence in Philippine history, the Maguindanao massacre claimed the lives of 58 people, including 32 journalists, who were part of a convoy that was supposed to prove then Buluan Vice Mayor Esmael Mangudadatu, an Ampatuan rival in the gubernatorial race for the 2010 machine-driven polls.They were said to have been stopped at a checkpoint at Sitio Masalay in Barangay Salman, Ampatuan town and gunned down by armed men led by the Ampatuans. Mangudadatu eventually win as governor.This tragedy will never be forgotten as it was one of the most significant and historic happening that happened in cotabato city.It took us years to locomote on to what happened. Mangudadatu stayed strong even though he lost most of his family member. He still continued his filing of candidacy and luckily he won. As he won, it brought happiness to the people as well as the families of the victims because it gave them hope that there will be justice served. But until now there are some petitions and complaints about the case because of the slow movement that causes the family victims to get angry because it is been years and until now there are still improvement in the said case. As the ampatuan denies about the massacre, it is one of thefactor why it is still an ongoing case. It gave the supreme court a h ard time to resolve it because of their statements. Theyve been creating new stories for their pastime to be not in prison house but still there were some evidences that are strong but needsa very careful and intelligent study to in truth know whos the real suspect to the said crime.http//content.time.com/time/world/article/0,8599,1943191,00.html http//www.gmanetwork.com/news/story/336621/news/specialreports/4-years-after-ampatuan-massacre-88-suspects-still-at-large http//www.rappler.com/nation/44427-families-maguindanao-massacre-compensation http//www.abs-cbnnews.com/focus/07/02/13/backhoe-man-describes-maguindanao-massacre-burial http//www.humanrights.asia/resources/journals-magazines/article2/1102/the-maguindanao-massacre-legal-and-human-rights-implications-of-court-delay http//themediaproject.org/page/maguindanao-massacre-story-index