Review the implementation of Sec. lB, RA 9851 in
terms of capacity building for judges, prosecutors,
CHR investigators, members of the State security
forces and law enforcement agencies
Revierv of the present DOJ Witness Protection
Program (WPP) and push for the strengthening of
the \MPP through legislation and increased budget
>
allocation.
encountering difficulties in the process of such
investigations such as the ballistic exams and the
The presentation of the group repoft was
followed by an open forum.
contamination of evidence. As such, she said there
is a need to improve investigation techniques,
'
Ms. Rose Tiajano (PAHRA asked if there have
systems and processes so as to ensure that the
been IHL
cases filed
cases filed and how to file such cases,
In relation to this, Mr. Garcia (DILG) also asked if
IHL victims approach CSOs and what has been
will prosper in court.
The moderator manifested that in
breakout discussion of Group 2, some participants
their experience on this.
tl-re
expressed that the difficulties in the monitoring
'
Sister Amold (Balay Rehabilitation Center) said
investigation and prosecution ofcases stem from
that victims seek assistance from them in filing
the non-implementation of Sec. 18 of RA 9851,
cases but they cannot as an institution, in the case
the failure of some agencies to designate
investigators, prosecutors and special courts for
i.e.,
of Sulong CARHzuHL, file the case because it has
IHL. The moderator also echoed the sentiment of
to be done by the victims themselves. Sister Amold
lamented that man1, victims do not file cases
participants especially from the CSOs over the nonimplementation of Section 13 (Witness Protection
Program)and Section 14 (Reparations)of the same
because of fear and lamented that the witness
protection program can hardly provide assistance
law which may be due to the non-implementation
to the victims because of budgetary constraints.
of Section 18. The moderator solicited the views of
'
Ms. Beclry Lozada (PCICC) said they are now
working on IHL legal trainings. She said it is
important for CSOs to be trained in handling
IHL
'
USec. Armamento of DOJ clarified that even
if
there are still no designated special prosecutors,
cases considedng that the PCICC and its
IHL may already be filed with the proper
member organizations are being approached for
cases of
legal assistance by victims of IHL violations. For
office of the prosecutor that has jurisdiction where
instance, she said they have been approached for
assistance on CARHRIHL cases, Balay have cases
the incidents happened. She said this can be
done already considering that the criminal justice
of burning (torture), TFD has cases of torture
system is fully functional.
and EJKs, and FIND has cases of involuntary
disappearances, among others. Ms. Lozada
'
the concemed agencies over the matter.
t
Gen. Tutaan pointed out that the problem
emphasized the need for CSOs to work together
with goverrrment agencies so that the limited
lies in the filing of cases where the victims or
resources would be optimized.
in their complainl He said this may be due to
the lack of education on the part of the victims
and the law enforcement agencies. Given this
complainants fail to allege violations of IHL
Ms. Tiajano said that PAHRA has two cases which
they believe would qualifo as IHL cases and they
situation, he said the AFP has launched a massive
education on IHL within its ranks.
are currently working on these as test cases. She
said the same cases are also being handled by
the CHR. However, Ms. Tlajano lamented that
the investigation is taking too long and they are
t
Atty. Mejia expressed that there is no general
knowledge on what the Supreme Court and the
ROUNDTABLE DISCUSSION