EU, Vatican lament new executions

The 15-member European Union (EU) and the Vatican have expressed deep concern over the decision of President Arroyo to lift the moratorium on the implementation of the death penalty law and selective execution.

The Public Attorney’s Office also filed a petition seeking a deferment in the execution of two death convicts whose sentences will be carried out on Jan. 30.

President Arroyo, however, remained steadfast in her decision to carry out the executions, saying this "will bolster the overall campaign" against kidnappers and drug traffickers.

"We are striking down these two crimes with effectiveness and consistency, and these executions will bolster the overall campaign so I will let them run their course as mandated by the courts," she said.

The respective ambassadors of the EU countries are seeking an audience next week with Foreign Affairs Secretary Delia Albert to relay their stand against the reimposition of the death penalty.

Even as the 15 envoys relayed the position of their respective governments against capital punishment, they were all present in yesterday’s traditional New Year vin d’ honneur cocktails reception hosted by Mrs. Arroyo at Malacañang for the members of diplomatic community.

Papal Nuncio Antonio Franco, representing the Vatican and dean of the diplomatic corps in the country, spoke on behalf of the ambassadors present and reaffirmed the support of the international community to Mrs. Arroyo and the Filipino nation.

Following the cocktails reception, Franco echoed the stand of Pope John Paul II against the reimposition of the death penalty and respect for human life.

"Of course, we also at the Holy See, has always pleaded in favor of life," Franco told The STAR.

"We respect though the autonomy of countries even as we are in favor of life and not death," he said.

British Ambassador Paul Dimond told The STAR yesterday of the strong sentiments of the 15-nation EU against the re implementation of the execution of Filipino death row convicts.

Dimond disclosed that a week before the death of Foreign Affairs Blas Ople on Dec. 14, the EU president in the Philippines, Italian Ambassador Umberto Colesanti, had talks with Ople presenting the sentiment of the Union against the decision of Mrs. Arroyo to lift the death penalty moratorium in specific cases of kidnapping and drug trafficking.

"We raised that position of the EU to him (Ople) and he listened to us, as always, and took careful notes. We delivered this very clear message to the Philippine government," Dimond said.

However, Ople fell ill on a flight from Tokyo to Bangkok en route to Bahrain and his plane was diverted to Taiwan, where he died after undergoing emergency treatment for heart failure. Dimond said nothing was heard on the issue after Ople’s death.

The British envoy said EU countries believe on studies that the death penalty has failed to deter criminality in most countries. "Death penalty does not work as a crime deterrent," Dimond said.

Dimond, however, said EU will not hold it against the Philippine government if it was to proceed with the scheduled execution of a convicted kidnapper later this month.

"Of course, it won’t affect our-long standing relations with the Philippines, But certainly, any execution in the name of the State would be disappointing to Europeans," Dimond stressed.

Albert, for her part, said she was not surprised by the collective stand made by the EU against death penalty.

She confirmed yesterday that EU ambassadors are seeking an audience with her next week to discuss the issue.

"They in EU are normally expected to take that kind of decision," Albert said.

Nothing Personal

President Arroyo reiterated yesterday her stand to proceed with the scheduled executions of two convicted kidnappers whose cases have already affirmed by the Supreme Court.

"I have to set aside my personal feelings for the good of the country, for the good of the average Filipino who benefits from law and order and effective control of heinous crimes such as kidnapping and drugs," Mrs. Arroyo said.

The spate of kidnappings and bank robberies, which some observers described as the worst in a decade, forced anti-crime groups and businessmen to call on Mrs. Arroyo to lift the moratorium on judicial executions.

A moratorium on executions has been in place since March 2000 after then President Joseph Estrada gave in to the pressure of the Catholic Church in opposing capital punishment.

After Estrada was deposed in January 2001, Mrs. Arroyo came into power and maintained the freeze on executions until she decided to lift the ban on December.

Mrs. Arroyo cited "extraordinary circumstances" in her decision to lift the moratorium on executions, which will take effect and the end of this month.

The President made a reversal of her earlier pronouncements in claiming "moral reasons" to keep in effect the moratorium on the execution of the growing number of convicts on death row.

She said earlier that the first seven executions under the Estrada administration did not even deter heinous crimes.

Religious groups slammed Mrs. Arroyo on her decision to lift the death penalty moratorium, saying the "selective and unfair" decision was self-defeating.

A member of the Philippine Jesuits Prison Services at the National Bilibid Prisons (NBP) said Mrs. Arroyo should have declared a general resumption on executions instead of implementing it on convicted kidnappers and drug pushers.

The priest, who spoke on condition of anonymity, said Mrs. Arroyo is giving "a very dangerous impression" to criminals through her pronouncements.

"If I am a criminal, I would not hesitate to (commit) heinous crimes aside from kidnapping and drug trafficking," he said.

Most of the non-government organizations (NGOs) working at the NBP has expressed strong opposition on Mrs. Arroyo’s decision on the death penalty. They said her decision was an admission that her criminal reformation programs have failed.

NBP Superintendent Venacio Tesoro said the order of selective execution by Mrs. Arroyo will automatically cancel the execution of other convicts in the death row.

"Based on the President’s pronouncements, the execution of convicts other than kidnappers and drug traffickers would automatically be canceled," Tesoro said.

NBP officials yesterday conducted orientation seminars on their employees as part of the dry runs for the upcoming executions. A mock lethal injection will follow next week.

A Possible Reprieve

Two convicts whose sentences have been affirmed by the Supreme Court are scheduled to be executed at the end of this month.

Roberto Lara and Roderick Licayan were convicted for the kidnapping of Joseph Co in Marikina City in September 1998, nine months after they were arrested.

NBP officials noted that it might be possible that they can get a reprieve after a principal suspect in the case was arrested in Negros Occidental.

"There may have to be a stay in their executions if there would be a re-opening of the case, in view of the latest development," one NBP official said.

Because of the development, the same NBP official disclosed Bureau of Corrections (BuCor) Director Dionisio Santiago met with acting Justice Secretary Merceditas Gutierrez yesterday to discuss the implications of the arrest of Pedro Mabansag, Lara’s maternal uncle.

Western Visayas police director Chief Superintendent George Aliño said Mabansag was arrested by his men at Barangay Magsaysay in Escalante, Negros Occidental.

Mabansag is now under the custody of the National Anti-Kidnapping Task Force undergoing tactical interrogation, Aliño said.

Chief Public Attorney Persida Rueda Acosta said a re-opening of the case is imminent following the arrest of Mabansag.

Acosta told Mrs. Arroyo through Gutierrez and Executive Secretary Alberto Romulo that it would be a great injustice for the two convicts she claimed was "the least guilty."

"The conviction of the two was based on the theory of conspiracy and from the records, assuming but without admitting their liability, both Mr. Licayan and Lara appears to be the least guilty in the perpetration of their crime," Acosta said.

"They could have been and still can be utilized as state witnesses against the real culprits," she added.

Acosta said it is imperative that their cases should be reviewed following the capture of the principal suspect in the case.

In another letter to the President, Howard Areza, lawyer of Lara and Licayan, claimed the two were merely tortured to admit to the crime.

But Gutierrez said the execution will nevertheless proceed if there is no stop order from the Supreme Court or the Office of the President.

"The case insofar as the two is concerned based on the ruling of the Supreme Court is finished," Gutierrez said.

"But their lawyers can do everything they can to defer their executions. If there are new accused and evidence, they can present it to the court. But we cannot decide as to the credibility of the newly arrested person," Gutierrez said.

Right now, Gutierrez said only the President can decide whether to defer the executions of the two as there is a decision from the Supreme Court affirming their cases. - With Aurea Calica, Edu Punay, Christina Mendez, Nikko Dizon