DOJ gives prosecutors 60 days to resolve unexplained killings

The Department of Justice has set a 60-day deadline for prosecutors to resolve unexplained killings, particularly those whose alleged perpetrators are members of the military, police and other law enforcement  agencies.

Acting justice secretary Agnes Devanadera said in a press conference yesterday morning that she has, through Department Order No. 841, directed all handling prosecutors to give utmost priority to these cases by conducting marathon preliminary investigation proceedings, particularly on those that are still pending before the department.

“All cases must be resolved within the prescribed period of 60 days from date of filing with any prosecution office.  Any extension of the said period shall be considered only in meritorious cases but in no case to exceed 30 days,” she said.

 “We decided to initially start with cases whose victims are activists and the suspects are agents of the state,” Devanadera said, adding they would focus on 23 cases that were submitted to the DOJ by the Presidential Committee on Human Rights.

“We will be coordinating with the PNP, particularly Task Force Usig, to come up with a common working definition of the cases involved herein so that our efforts will be coordinated in addressing this issue,” Devanadera said. 

This is the purpose of creating the Bantay Katarungan program of the department, in a bid to “correct the perception of the international community that not much is being done by the government on cases of summary executions,” she explained.

Devanadera said that in cases where witnesses do not appear on scheduled dates for preliminary investigation, prosecutors should be insistent and assure that the proceedings would push through without delay.

She added that she ordered the creation of a team of lawyers and investigators to conduct comprehensive probes on human rights and unexplained killings.

This task force, she said, would now include DNA analysts and forensic chemists, scene of the crime operatives, enforcers and expert interviewers.  The NBI will coordinate with the National Prosecution Service in the case build up and prosecution.

The military welcomed the move of the justice department.

Army chief Lt. Gen. Alexander Yano assured the DOJ of their full cooperation in cases where their personnel are suspected of being the perpetrators.

But human rights advocates remained wary.

“We’ve heard these orders in the past. We’re challenging the justice department to prosecute and convict even one human rights violator,” said Ruth Cervantes, spokesperson of Karapatan.

Meanwhile, the Philippine National Police (PNP) and Task Force Usig have recorded 143 cases of killings of militants and journalists since 2001.

Seventy-seven of these cases were filed in court, 40 are under investigation, 24 are considered “cold” and two cases are closed with the death of the suspects, according to the report to be submitted by PNP chief Director General Avelino Razon Jr. to President Arroyo.

In a related development, Malacañang officials yesterday said they are looking forward to working again with Justice Secretary Raul Gonzalez, who underwent kidney transplant last month.

Presidential Management Staff chief Secretary Cerge Remonde said the plan of Gonzalez to return to work in December is welcome, adding that “it is patriotic of Secretary Gonzalez to think of work and duty first above his personal health.”  – With Cecille Suerte Felipe, Paolo Romero, wire reports