As Chair of the Committee on Civil, Political and Human Rights, I wish to express the Committee's profound appreciation of the publication by the Daily Inquirer of the "Left Purge" in a series of five articles from 26 to 30 December, 2003. The quick and timely response of President Arroyo in offering assistance to the victims of the Left purges must likewise be commended, considering that both the GRP and the NDF are in the process of peace talks negotiations. There are a number of immediate concerns that must be addressed however.
One, the issues surrounding the torture and forced confessions of suspected deep penetration agents (DPAs) by the local Communist Party, which resulted in the death of more than a thousand innocent victims, are complex and must be approached judiciously and with the utmost of care. They must be treated for what they are - gross violations of human rights by non-state parties.
Two, it is important to note that the Report cited five anti-infiltration campaigns that started in 1982 and ended in 1989, with each campaign claiming scores of lives from a minimum of 30 persons to an estimated one thousand and a hundred. From the horror stories related, it was obvious that summary executions took place without a fair trial.
It is said that one argument for the killing of these alleged spies was that "spies did not enjoy rights" and therefore could be dispensed with as decided by the CPP. This kind of thinking is dangerous and grossly violates the principles of International Humanitarian Law where Article 30 of the Hague Regulations on the Laws and Customs of War on Land provide that "a spy taken in the act shall not be punished without previous trial". Equally, Article V of the 1949 Geneva Convention No. IV on the Protection of Civilian persons in Time of War, provides that spies "shall nevertheless be treated with humanity, and in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention."
Obviously, the CPP prosecutors did not heed these provisions, if at all they were aware of such provisions under international law. Significantly, studies show that in 1996, the National Democratic Front (NDF), which includes the CPP-NPA, made a unilateral "Declaration of Undertaking to Apply the Geneva Conventions of 1949 and Protocol I of 1977," after declaring accession to Protocol II in 1991.
Three, given the adoption of these international tenets, the CPP must remain accountable in bridging the gap between their judicial practice and the requirements of due process by international law to which they claim to subscribe.
Lastly, the cry for justice and healing by the victims must be addressed in negotiations for peace talks. They must not be exploited to score self-serving points while peace talks are in process; much less must they be used as bargaining chip in the coming May elections.
LORETTA ANN P. ROSALES
Chair, House Committee on Civil,
Political and Human Rights
New Year's Day, 2004
