Guilt by relation

"Although the country is no longer neither in a dictatorial nor a colonial regime, the practices upon which the individuals are targeted for abduction and murders over presumption of "guilt by relation" have continue to exist regardless of whether or not the victims themselves are involve in any criminal act. These murders have effectively rendered any notion of legality meaningless; for example, the right to presumption of innocence, the right to due process, since anyone who has any relation with a rebel or a criminal, are also perceived guilty and targeted." - AHRC HK.


PHILIPPINES: "Guilt by relation" renders due process meaningless
AHRC-STM-053-2009
March 9, 2009

A Statement by the Asian Human Rights Commission

PHILIPPINES: "Guilt by relation" renders due process meaningless

On March 4, 20-year-old Rebelyn Pitao, the daughter of a rebel leader in Mindanao, was reported to have been forcibly abducted by unknown armed men, from a passenger motorcycle she was riding on in Talomo District, Davao City. She was on her way home from a school where she was doing internship for teaching, when abducted. The following day, March 5, Rebelyn’s dead body was found in Carmen, Davao Del Norte, about two hours away from the place where she was first taken. When found she was wearing only underwear; her body bore several stab wounds and her hands were bound with tape. She had also been gagged with the same adhesive tape.

Rebelyn's abduction and murder is the latest incident in which her siblings have been targeted for attacks. Her elder sister, Rio, was also killed last year in Tagum City, a city adjacent from where Rebelyn’s dead body was found. Rio’s murder preceded incidents of suspicious-looking men overtly conducting surveillance on her. Rebelyn’s murder, according to her mother Evangeline, has already frightened her two other children from going to school, fearing they too could be abducted.

Evangeline had taken part in numerous interviews with regard to the involvement of her husband, Leoncio Pitao alias Kumander Parago, in the rebel movement. However, she categorically denied that she and their children were involved in any way.

The Asian Human Rights Commission (AHRC) is gravely concerned by this latest killing in which the victim' only guilt is their relationship to persons involved in illegal acts. The murders of these two daughters of a rebel leader are reminiscent, not only of the dark years of martial law, but also of the period of the colonial Spanish rule in the Philippines, wherein the children, wives and relatives of those who revolted were killed.

Although the country is no longer neither in a dictatorial nor a colonial regime, the practices upon which the individuals are targeted for abduction and murders over presumption of "guilt by relation" have continue to exist regardless of whether or not the victims themselves are involve in any criminal act. These murders have effectively rendered any notion of legality meaningless; for example, the right to presumption of innocence, the right to due process, since anyone who has any relation with a rebel or a criminal, are also perceived guilty and targeted.

At the height of extrajudicial killings of human rights and political activists, there have been cases wherein the victims are murdered, subjected to threats or overt surveillance, for reasons of their association with a group or a person, whom the security forces labeled as "enemies of the state". This mentality perpetuates the notion of "guilt by association" by security forces, or persons critical of activists, and has caused fears and concerns amongst activists that they would eventually be targeted as well.

This notion of "guilt by association", although already commonly known to local people themselves, had already been affirmed by Professor Philip Alston, Special Rapporteur on extra-judicial, summary, or arbitrary executions, in the conclusion of his report following his investigation into extrajudicial killings in the country in February 2006. However, the Professor has not been able to discuss in detail the serious implications of this, the mindset that local human rights and political activists struggle to protect themselves from.

While the AHRC acknowledge the promulgation of judicial remedies to protect any persons who are experiencing threats to their lives and liberties, like the Writ of Amparo; the continuing perpetration of this notion of presumption of "guilt by relation" renders any judicial remedy meaningless. These victims would have not been subjected to overt surveillance, threats of abduction and murder, had they not been perceived as guilty of committing crimes for reasons of their relation to an offender.

Thus, to protect people from being subjected to targeted attacks, the intervention by appropriate authorities is necessary to protect them from being imputed with guilt or needlessly discriminated against by the notion of "guilt by relation".

Firstly, there must be assurance that an effective and thorough investigation into the murders of Rio and her younger sister, Rebelyn, be conducted. There should be adequate protection made available to prevent the surviving family members from being further attacked, in particular the other siblings and their mother, Evangeline; and other relatives who are facing serious risk of being subjected to attack as well. Failure to ensure this would render a deepened and aggravated distrust upon the authorities on part of the family of the victims over the possibility that they could be complicit to these murders.

Secondly, the involvement of Leoncio Pitao in a rebel group must also not be used by the authorities to either excuse themselves or justify any inaction to protect his family. The Constitutional rights of this family, like those of any other citizen, must be upheld and they must be treated equally before the law. To either correct or discouraged the perpetuation of this notion of "guilt by relation", in particular by the security forces, in the performance of their duties is indispensable to protect these people, and any other individuals who are at risk of being perceived similarly by the authorities.

The AHRC urges the government to take this continuing scenario of imputing guilt upon individuals of having been involved or as accomplices, indirectly or otherwise, in the commission of a criminal offense for reasons of their relation and association with the offender, as a serious concern. The presumptions hijacks and renders any notion on legality which further exposes any persons to needless discrimination and the risk of being targeted for attacks.

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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.