disposition as far as the legal system is concerned.
To have all this on tripaftism, Covernment on one
side, CHR as the national human rights instiiution,
an independeni and constitutional body and the
third leg is civil society. The tripartism of efforts will
be a very helpful tool for us to really address issues
that concern HR and IHL themselves.
not be a hindrance for the prosecution of the MILF
for crimes that are covered by RA 9851. ln the
same way, I am asking civil society and l'm hoping
Task Force Detainees is here and that it should file
criminal cases also for the Tampakan incident lts
not enough that we have court martial proceedings,
the jurisprudence is very clear, court martial in this
regard is only administrative but there should be a
separate crimlnal case filed under RA 9851.
lwould liketo reacttothe question ofourfriend Antoine.
Well, l've been following up the implementation of RA
9851, and l'm sad to say by way of baseline figure,
it is zero cases filed. And that is why I am actually
appealing to the AFP as well as the civil society. We
do have cases ihat we can file already under RA 9851,
the Basilan killing of our soldiers which I mentioned in
my address should be a subject of criminal complainl
because thats actually inhumane acts committed by
combaiants against the MILF.
l'd like to address this concern to the Undersecretary
ofthe Peace Process, perhaps the peace talk should
Earlier I talked also about the different pillars of
criminal justice system, even the court is also remiss
in this regard because 9851 mandates that the coutt
actually designates special courts to try these cases.
And until now the couft has not designated these
courts. So l'm addressing this particular concern to
my colleagues at the Supreme Court although we
in the Philippine Judicial Academy perhaps could
bring this matter up to the attention of ihe Court
en banc that this is something that they need to
comply with. Unfortunately there is zero baseline
flgure so far.
n
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-J
iEryI
Proceedings of the Second National Summit on International Humanitarian Law in the
Philippines
11 December
2012 tr