True test of justice system

Reaping the whirlwind - MANO-A-MANO By Adel Tamano | The Philippine Star Lifestyle Features Sunday Life

In his recent column in the Philippine Star(click the link above), lawyer-politician Adel Tamano argued the following philosophical ideas worth contemplating:

1. In fact, the true test of our system of justice is not how well we treat (“treatment” referring to the protections and legal mechanisms provided for someone accused of an offense) the people we like but rather how well we treat those we hate. Recall how the so-called “Miranda Rights” the warning that is required to be given by police authorities in the United States to criminal suspects under a custodial situation informing them of their constitutional rights was first recognized as a protection given to Ernesto Miranda, who was a rapist and kidnapper. This is the reason why the classic icon of justice, the mistress holding the scale and sword, is blindfolded: so that she will dispense justice evenly.

2. Retribution and justice, while often used interchangeably, are totally different concepts. Retribution is based on a crude conception of what is just. Retribution is merely crass arithmetic, hence the “eye for an eye” and “tooth for a tooth” philosophy. Retribution, from the Latin retribuere, is, literally, “pay back.” However, not only is retribution a pale imitation of justice under a Rule of Law, it also cheapens those who mete out that kind of justice. The actions that must be filed against GMA, the process of trial, and the penalties that must be meted out must result not from a reckless desire for punishment but rather out of a desire to fortify our legal institutions, strengthen the Rule of Law, and to provide precedent for future generations that even the most powerful and well-connected cannot escape the long arm of the law.

3. As painful as this may sound to many who have been mistreated (perhaps this is too soft a term) and duped by GMA and her minions, we must, nonetheless, give the full measure of justice to them. “Justice must be seen to be done in order to be done.” Accordingly, the whole gamut of constitutional protections afforded to all citizens such, as due process, the right against self-incrimination, confrontational rights, among others, must also be fully accorded to GMA and her alleged conspirators. Again, we cannot have a witch hunt; even if for some of the offenses such as the bribing (given in a little gift bag in Malacañang) of congressional and other political leaders to stave off the impeachment complaint against her in 2007 the evidence is apparent. Indeed, we cannot have shortcuts in the legal process not only because it will allow her lawyers to raise constitutional violations on appeal but, more importantly, because by doing so we will act as she did during her administration: biased against her political enemies, vindictive, and unjust.