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- Immediately issue an executive order to the AFP and PNP reiterating the prohibition on the extrajudicial killing of any person. This prohibition does not include lawful attacks on combatants during hostilities with NPA forces. Vigorously investigate and prosecute members of the security forces implicated in killings, particularly those identified by the Melo Commission report.
- Immediately direct the Armed Forces of the Philippines, the Philippines National Police, and all other executive agencies to desist from statements that are incitement to violence, such as by implying that members of non-governmental organizations are valid targets of attack because of alleged association or sympathy with the Communist Party of the Philippines or the New People’s Army.
- Immediately implement the full recommendations of the Melo Commission.
- Immediately implement the full recommendations contained in the preliminary note of the United Nations Special Rapporteur on extrajudicial, summary, or arbitrary executions.
- Order the Inspector General of the AFP, the Deputy Ombudsman, and the Provost Marshal of the AFP to investigate and report publicly within 90 days on the involvement of military personnel in extrajudicial killings, and to identify failures within the AFP investigative agencies to so-far prosecute such criminal behavior, and, where appropriate, the failure to so-far prosecute officers under principles of command responsibility.
- Order the director of the National Bureau of Investigation to investigate and report publicly within 90 days on the failures of the PNP and Task Force Usig to investigate adequately, and to recommend for prosecution, military personnel involved in extrajudicial executions. The report should also explain why Task Force Usig and the Melo Commission came to different conclusions with regards to the complicity of superior military officers.
- Order the Department of Justice to conduct a review within 60 days and publicly report on the failures of the current witness protection program and propose reforms. The Department of Justice should also circulate an explicit set of operational guidelines for the police stipulating individual police officer’s duties to provide protection to witnesses and individuals who report threats on their lives. The guidelines should stipulate clear sanctions for officers who fail to provide necessary protection in conformity with these guidelines.
- Invite the United Nations Special Rapporteurs on Human Rights Defenders, and the Working Group on Arbitrary Detention to visit the Philippines.
- Provide the Human Rights Commission with the necessary powers to carry out credible investigations, including the power to subpoena individuals, compel testimony, and provide protection to witnesses.
- Provide the Melo Commission with the necessary powers to carry out credible investigations, including the power to subpoena individuals, compel testimony, and provide protection to witnesses.
- Expand the membership of the Melo Commission to include representatives from affected civil society organizations.
- Cease all targeting of civilians.
- Immediately put an end to unlawful killings by military personnel and hand over those alleged to be responsible to the appropriate prosecutorial authorities.
- Comply with all requests for appearances by civilian investigative bodies.
- Immediately cease the practice of approaching civilians in their homes. Any such operation should be conducted in coordination with the PNP after informing local civilian officials who is to be approached and why.
To the Philippines National Police:
- Seek to establish responsibility at all levels of the chain of command in any investigations involving extrajudicial executions.
- Carry out an immediate review of closed cases of unlawful killings or attempted killings with a view to identifying further genuine lines of inquiry leading to arrests.
- Investigate possible collusion between police officers to suppress evidence of military involvement in unlawful killings or attempted killings.
- Sanction officers who fail to provide necessary witness protection in accordance with the law.
- Order the Department of Justice to conduct immediate further investigations when cases are presented that do not identify suspects by name, or where the suspect has not been located.
- Cease all targeting of civilians.
- Cease all killing of current or former members.
To the United States:
- Make Foreign Military Financing contingent on certification from the Secretary of State to the Chair and the Ranking Members of Committees on Appropriations that the government of Philippines is taking effective steps to bring to justice members of the Armed Forces of the Philippines and the Philippine National Police, against whom there is credible evidence of human rights violations, especially political killings.
- If there has been no progress in any prosecutions of members of the military, the United States should suspend the next annual bilateral Balikatan exercises and/or suspend the Armed Forces of the Philippines from participation in the 2008 multinational Cobra Gold joint military exercises.
July 2007
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