Oban wants military officers probed on Basilan clash

MANILA, Philippines - Armed Forces of the Philippines (AFP) chief Gen. Eduardo Oban Jr. wants to create a court of inquiry that will look into the possible liability of military officers in the killing of 19 soldiers during an encounter with Moro Islamic Liberation Front (MILF) rebels in Basilan last month.

Oban yesterday said the creation of such court is part of the recommendations of the AFP Inspector General that investigated the Oct. 18 clash.

“I have approved the creation of a court of inquiry… that forms part of the military justice system. This is to determine probable causes for succeeding phases of the justice system,” Oban said.

“This is (to) pinpoint culpability of officers, this is to determine also heroic deeds done by the soldiers involved so it involves a lot of investigation, a lot of questioning and interviews,” he added.

Oban said the court of inquiry will continue the preliminary investigation conducted by AFP Inspector General Maj. Gen. Irineo Espino.

“We will dig further information about what really happened. That has been done but we need to dig deeper,” Oban said.

The AFP Inspector General’s report was forwarded to Oban last week but has yet to be made public.

Oban said he ordered the creation of the court last Monday. The court would consist of about five to seven members including a representative from the Judge Advocate General Service.

Oban said the court, which will be led by a general officer, would start convening as soon as possible. He said the court would complete its findings within the year.

When asked if the probe to be conducted by the court of inquiry would lead to court-martial proceedings, Oban said it could be the next step “if probable causes have been established.”

The probe would cover all soldiers involved in the Al-Barka, Basilan clash from the lowest-ranking unit leader until the highest field commanders.

Oban is confident that the investigation would not cause demoralization among the troops.

“It would be better if we know the truth. Of course, this is for the sake of the institution. If there are things that should be changed, we will change them,” he said.

Nineteen soldiers were killed and 14 others were injured after state troops clashed with MILF rebels at Sitio Bakisung, Barangay Cambug in Al-Barka last Oct. 18.  

Thirteen were killed in the fighting while six were abducted before they were slain.

Oban immediately ordered the AFP Inspector-General to probe the incident. The investigation report was completed two weeks ago and was forwarded to Oban last week.

Three officers were relieved even before the probe was completed. They are Lt. Col. Leo Peña, former commander of the 4th Special Forces Battalion; Col. Alexander Macario, former commander of Special Operations Task Force; and former Army spokesman Col. Antonio Parlade Jr.

The soldiers who figured in the clash were supposed to serve a warrant of arrest on Dan Laksaw Asnawi, wanted for the killing of 14 Marines in the same town in Basilan in 2007, former MILF commander Long Malat and Abu Sayyaf leader Furuji Indama.

Asnawi reportedly led the MILF group that clashed with the soldiers. Malat reportedly helped Asnawi and 30 other inmates escape the Basilan Provincial Jail on Dec. 30, 2009.

The MILF has blamed the military for the encounter, saying state forces deliberately attacked its territory without provocation.

The military, however, denied this, saying the firefight happened four kilometers away from MILF territory. Ceasefire rules prohibit the military from entering MILF areas without proper coordination with the ceasefire panels.

The military has protested the involvement of the MILF in the clash before the ceasefire panels.

Their rules, our rules

Government chief peace negotiator Marvic Leonen said Asnawi should be charged for the murder of the 19 soldiers.

Though the MILF has its rules which it intends to impose on Asnawi, Leonen said this will not spare the MILF commander from facing the criminal justice system of the Philippine government.

“The MILF has their own rules. It is up to them. The Philippines has its own laws too. Asnawi also has to deal with that,” Leonen told a forum hosted by the Office of the Presidential Adviser on the Peace Process (OPAPP) in Quezon City yesterday.

Leonen said the government panel is monitoring how the warrant for Asnawi’s arrest and his co-accused would be served.

“There is a warrant of arrest with respect to the actual act. We will see how the warrant of arrest will be implemented,” he said.

Leonen said a ceasefire is a mechanism that should not tie the hands of law enforcement agencies to enforce the laws of the land, particularly against criminal elements.

“The ceasefire is a mechanism. It is an agreement. The document also contains that they can raise protest. It could be brought to the peace table,” he said.

Leonen said the government did not enter into the ceasefire with any group to “huddle the government’s authority to enforce the law.”

Leonen said the primary purpose of allowing the MILF to have an ATS (area of temporary stay) is to allow the military to go after criminal elements, like the Abu Sayyaf Group and the group of Aswani.

But despite the series of attacks made by the MILF against the military, the government peace panel has to go through the peace process.

“Any further than the substantive agenda, there are many points to talk about,” he said.

Leonen agreed on the need to review the ceasefire agreement.

“There are some parts of the ceasefire mechanisms that need to be reviewed. We are awaiting recommendations for the review of the ceasefire mechanism,” Leonen said.

In the same forum, Presidential Adviser on the Peace Process Teresita Deles said despite the series of attacks by the MILF and the communist New People’s Army (NPA), the peace process remained on track.      

Deles said the peace process is getting more challenging as the MILF continues its series of attacks against the military, the worst of which was the killing of 19 soldiers in Basilan last month.

“Still difficult and challenging, but still on track. Still the talks are there. Still both parties have not closed the doors,” Deles said when asked how she would describe the peace talks with the MILF and the NPA-Communist Party of the Philippines-National Democratic Front (NPA-CPP-NDF).

Deles said the peace process under the Aquino administration is much better.

“The prospect for peace is better than it has been in a very long time. It is better than it has been, mainly because of the political climate under a new political leadership… and I do believe - I persist in believing - that on the peace table are miracles waiting to happen,” she said.

Deles also said that people on the other side of the fence are already getting old.

“Despite the difficult challenges, there are converging motivations for peace that offer hope. First, on the personal level: People are getting old, and one gets a real sense that people are for a legacy of peace, and I have to say that is on all sides of our peace table,” she said.

She said many of those people who have been involved in the peace process have not many years left to accomplish what has to be done to resolve the issues that had been tossed by the wayside through the years.

“Thus, the shared desire for less ambiguity, a less polarized mindset, a less viewing the other as enemy, and a more open attitude for a straightforward dialogue that will raise and address the hard questions once and for all,” Deles said.

“Peace process is a political mechanism. Peace agreement are signed by real people. It goes beyond political dynamism,” she added. –With Jose Rodel Clapano