Writ of amparo not enough – Hong Kong rights group

A writ of amparo to address the problem of extrajudicial killings and enforced disappearances might still not be enough, a Hong Kong-based human rights group said Friday night. The Asian Human Rights Commission (AHRC) said the new Supreme Court rule must be complemented with tougher laws against abduction, torture and extra-judicial killings. "Though it responds to practical areas it is still necessary that further action must be taken in addition to this. The legislative bodies, House of Representatives and Senate, should also initiate its own actions promptly and without delay. They must enact laws which ensure protection of rights—laws against torture and enforced disappearance and laws to afford adequate legal remedies to victims," it said in a statement on its website (www.ahrchk.net). It added it has become a fact of life that torture and enforced disappearance continuously take place all over the country and yet there are no laws against these. Because of this, AHRC said both Houses of Congress must unequivocally assert that the perpetrators of these acts must be punished and remedies afforded to victims. Last Sept. 25, the Supreme Court adopted the Rule on the Writ of Amparo. The new rule, which takes effect on Oct. 24, provides “remedies to any person whose right to life, liberty and security is violated and threatened." It covers the unlawful acts or act of omission by public officials or private individuals. "However, the adoption of this rule indicates that remedies for persons facing serious threats, victims of extra-judicial killings, victims of enforced disappearances and their families, amongst others, have, until now, been lacking within the existing system," AHRC said. AHRC said the new rule could provide remedies victims with provision for protection by a government agency or accredited group; will allow for inspection of places to locate victims of illegal arrest or disappearance; and will require the authorities to produced necessary documents or reports in determining the victims’ plight. It will also order referral for witnesses to be included to the Witness Protection, Security and Benefit Programme (RA 6981). "While this new rule reinforces the failure in the implementation of laws on protection—RA 6981—and the lack of laws on protecting rights, issuance by the courts of temporary relief or remedies cannot alone be sufficient to address a systemic and widespread phenomena. Though relief is necessary it does not adequately satisfy the remedies that the victims and their families would have desired or preferred to obtain. It is also necessary that remedies become a government policy and part of the domestic laws rather than temporary relief. This should also be the utmost responsibility of the legislative body," AHRC said. It added that persons, particularly social activists, rarely get protection from the authorities despite the gravity of threats they face. While RA 6981 provides protection to witnesses but only when their case is filed or is pending in court, the implementation of this law was ineffective and failed to respond in urgent situations, AHRC lamented. AHRC noted the law does not cover protection to persons who are not witness, even though they too faces continuing threats or risk to their lives; thus, they are forced to take the matter of protection upon themselves. "Despite the existence of RA 6981, its implementation is dysfunctional which eventually results in witnesses not coming forward, which also seriously undermines the possibility of effective prosecution of cases in court. When protection and remedies are ineffective, cases hardly progress or are not even filed in court. The government’s pledge also to fund and to strengthen the implementation of this law is yet to gain substantial progress. The failure in the implementation of this law has been proven fatal to witnesses and families of the dead seeking legal remedies from the court," it added. AHRC added no case means the perpetrators have not been charged and held to account to their atrocities, a condition that results in impunity, which emboldens further commission of violations. The deepening distrust and loss of faith to get remedies from the existing system, inability to implement its own laws, which are supposed to give protection, is a byproduct and a result of a systemic failure that needs to be address adequately, it said. AHRC added the continuing failure by the government’s institutions to ensure that its laws are effectively implemented; and that acts or torture and disappearance are punished as criminal offenses, aggravates the denial of remedies. "This should be looked into and addressed effectively rather than the Supreme Court, which instead had to take their own initiatives, in lieu of failure in implementation of laws, to ensure the victims of human rights violation could get at least temporary relief from the court," it said. "The Supreme Court’s adoption of this new rule is greatly welcomed, as it addresses practical remedies for victims seeking legal action, yet it also reflects the failure of established institutions—the legislative bodies—to take action. For many years, the proposed laws against torture and enforced disappearance have been pending and there are so far no indications it would be acted upon or legislated anytime soon. The failure by the government on this has in itself already denied a large numbers of victims from obtaining remedies," it said. AHRC reminded the government to take actions promptly to enact adequate laws, as an elected member of the United Nations Human Rights Council, it must comply with its international obligations. It noted the Philippines must in particular do its role in the UN Convention against Torture (CAT), which requires the government as a State party to the Convention to enact domestic law against torture. Also, it must also ratify the instruments on International Convention for the Protection of All Persons from Enforced Disappearance and to subsequently enact appropriate laws on this. "This will ensure sufficient remedies for victims and effective prosecution of perpetrators," it said. - GMANews.TV