No evidence 44 SAF men were summarily executed by MILF – IMT report

By AMITA O. LEGASPI, GMA News

Published April 6, 2015 1:06pm

The International Monitoring Team in the peace process between the government and the Moro Islamic Liberation Front found no evidence that MILF fighters summarily executed the police commandos they encountered in a clash in Mamasapano, Maguindanao on Jan. 25.

Government peace panel chairperson Prof. Miriam Coronel-Ferrer indicated that the IMT received no testimony identifying MILF fighters as those that shot and killed the commandos while they lay wounded.

“Although evidence showed that several PNP-SAF (Special Action Force) commandos were summarily executed, which is a violation of [International Humanitarian Law], it has to be proven with evidence that the MILF perpetuated the said act. I think in this regard, it is the [Department of Justice] that will be undergoing further case build up,” Ferrer said in a news conference.

In contrast, the IMT investigation showed that that the Philippine National Police-Special Action Force member who killed four sleeping MILF fighters a day after the firefight on Jan. 26 violated the ceasefire agreement,

“With reference to summary executions, a member of the 55th SAF who killed four sleeping MILF fighters on Jan. 26 is a violation of the Article 1 of the ceasefire agreement of 1997,” Ferrer added, referring to PO2 Christopher Lalan, the only surviving member of the 55th SAF.

The IMT is a multinational body headed by Malaysia, the peace talks' facilitator, tasked with monitoring the implementation of agreements between the Philippine government and the MILF.

Ferrer presented a summary of the report in a press conference Monday. The full report of the IMT has yet to be released to the media as the peace panel still has to go over it.

It looked into the alleged violations during the Mamasapano operation against Marwan and Usman on Jan. 25, which left 44 Special Action Force commandos,18 MILF fighters, and five civilians dead.

The IMT said its findings were limited, because the team was “... not granted access to the site where Marwan was killed, due to security considerations,” and that its members were limited to “verification only." It was also unable to conduct a thorough investigation.

'MILF didn't coddle Marwan'

Ferrer said the IMT found that the MILF as an organization did not provide sanctuary for Malaysian terrorist Zulkifli bin Hir, alias Marwan, and Filipino bombmaker Basit Usman, the targets of the Special Action Force's Oplan Exodus in what is believed to be MILF territory in late January.

However, some members of the MILF might have had knowledge of the whereabouts of the terrorists, the IMT said in a report that was emailed to the government peace panel Sunday.

“The conclusion is [there was] no evidence to show the MILF as an organization provided sanctuary or assistance, meaning as an organization sanctioned by the leadership no sanctuary or assistance was provided," Ferrer said.

"However, there is a qualification here that there are reasons to believe that some members of the MILF may have known the whereabouts or may have had knowledge of Marwan and Usman. This is the finding of the IMT with reference to possible ceasefire violation on providing sanctuary to criminal or lawless elements,” she added, quoting the IMT report extensively.

The report recommended that the PNP and MILF combatants who committed crimes should be penalized accordingly under Republic Act 9851, the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.

The team said that to resolve the issue or avoid similar cases from occurring again, the government should coordinate and initiate the use of the conflict preventive mechanisms available when launching operations in known MILF areas. It added that a higher ranking PNP officer should be assigned to the joint Coordinating Committee on the Cessation of Hostilities (CCCH).

The CCCH helps enforce the ceasefire and also works to defuse conflicts between clans, which could lead to clan wars or rido.

The IMT also recommended that the Bangsamoro Islamic Armed Forces, the armed wing of the MILF, should strengthen its command and control among its ranks as well as the intelligence gathering within the organization.

The IMT said the both the government and the MILF should uphold and observe the laws of war, international humanitarian law, and their respective rules of engagement and codes of conduct.

The team said the operation of the SAF was valid, but it failed to observe ceasefire protocols during planning and execution.

Ferrer said the IMT further noted that the site of the encounter between the 55th SAF and MILF-BIAF (Bangsamoro Islamic Armed Forces) was accepted to be an MILF area/community under the control of BIAF base commanders.

She said an area was considered an MILF area or community when there is MILF presence.

The IMT stated that after the raid on Marwan’s hut and the subsequent clash between the 84th Special Action Company and Bangsamoro Islamic Freedom Fighters, the PNP-SAF at some point engaged the MILF-BIAF which went from “the status of deliberately uncoordinated movements to a disastrous firefight between the 55th SAC and elements of the BIAF 105th BC,” Ferrer said.

Ceasefire violation

The report added that the failure of the PNP-SAF to have prior coordination with the MILF through the CCCH and the Ad Hoc Joint Action Group was "a ceasefire violation."

Ferrer said to avoid uncertainties on the coordination when it comes to operations against high-value targets, the IMT recommended a clarification on the Implementing Guidelines of the Joint Communique signed in May 2012.

And until clarification is made, AHJAG must still inform CCCH of operations against high-value targets within less than 24 hours but within a reasonable time to allow evacuation of civilians and to avoid untoward incidents.

The monitoring team also believes there is probable cause to assume that the PNP-SAF opened fire first, resulting in the two killed from the BIAF side when the fighters tried to cross the bridge in Mamasapano, as supported by the bullet marks and blood stains on the bridge.

“This indicates a 'full firefight rather than a mere uncoordinated movement.' This is a violation by the GPH of Para 3b, Article I of the AGCH of 1997 (aggressive actions such as attacks, ambuscades, etc.,” Ferrer quoted the IMT as saying.

The IMT said that the BIAF’s actions can be seen as a response to the non-coordinated movements of the SAF which cannot be categorized as a violation of ceasefire rules, however, its entry into the cornfields which led to an armed clash with the 55th SAC may be considered a violation.

The team said the BIAF “should have respected their counterparts and the SAF commandos consistent with the Rome Statute and RA 9851 forbidding pillage.”

It added that items taken by MILF-BIAF from fallen PNP-SAF troopers are considered military equipment since personal items such as cellphones were being used as communications tools during the operation.

Clarification

Asked what would be the effect of the IMT report, government peace panel member Senen Bacani expressed hope it will be able to clarify some issues on the Mamasapano clash.

“It has to be taken into consideration together with the other reports. Whether it will help or not in the passage of the BBL (Bangsamoro Basic Law), I guess that depends on what side are you looking at. Substantially, it should not have any effect on the passage of the BBL because it is one among many reports published so far,” he said.

“We are hoping that it will clarify a few items which have been questioned before,” he added.

The Philippine National Police’s Board of Inquiry and Senate committees have earlier released their report on the Mamasapano clash. —VS/NB/JDS/JJ GMA News

Tags: internationalmonitoringteam, milf, milfmamasapanoreport, mamasapano