Government failed to obtain justice for Navy officer, says group

MANILA, Philippines - A group pursuing the investigation of the circumstances surrounding the death of Ensign Phillip Andrew Pestaño blamed the government for failing to obtain justice for the murder of the Navy officer 15 years ago.

The Ensign Phillip Andrew Pestaño Foundation cited a resolution from the United Nations High Commission on Human Rights (UNHCHR) last March that said the Philippine government was in breach of a human rights covenant for failure to solve the killing of Pestaño.

The Human Rights Committee of the International Covenant on Civil and Political Rights of the UNHCHR during its 98th session said the Philippine government was in violation of its obligations as a signatory to the International Covenant on Human Rights.

It said the Philippine government has direct involvement in depriving Pestaño of his right to life and to speedy redress of grievances.

Pestaño, a cargo officer of a naval ship, was supposedly murdered to prevent him from exposing a drug syndicate within the Navy.

The syndicate, allegedly composed of ranking Navy officers, reportedly fabricated evidence to make it appear that Pestaño committed suicide.

The Pestaño family disputed the findings of the police and naval authorities that the Navy officer committed suicide.

Felipe and Evelyn Pestaño filed the complaint before the UNHCHR in April 2007 insisting that their son was murdered to prevent him from exposing a syndicate of Navy officers using Navy ships to transport billions worth of illegal drugs.

Enrique Angeles, one of the foundation’s directors, said the UN Committee disputed the findings of the Philippine National Police (PNP) that Pestaño committed suicide.

“Despite the initial findings of the Philippine National Police and Department of Justice, which both concluded in October 1995 that the victim had committed suicide, it now appears undisputed that the death of Pestaño was a violent one, resulting from a homicide,” he said.

Angeles noted the UN resolution putting the blame on the Philippine government in neglecting to resolve Pestaño’s death.

“When a person dies in circumstances that might involve a violation of the right to life, the State party is bound to conduct an investigation and ensure that there is no impunity. The State party must accordingly be held to be in breach of its obligations... to properly investigate the death of (Pestaño), prosecute the perpetrators, and ensure redress,” the UN resolution stated.

Citing the UN resolution, Angeles said the government is now under obligation to prevent similar violations in the future.

Angeles said they will push for the reopening of the case which is now pending at the Office of the Ombudsman.