DAVAO CITY, Philippines鈥擳he execution of mayor Dario Otaza of Loreto, Agusan del Sur, and his son on Oct. 19 cannot be justified as it was plain murder, the New York-based Human Rights Watch (HRW) said on Wednesday.
The New People鈥檚 Army (NPA) owned up to the execution of Otaza, 53, and his son Daryl, 27, saying it was revolutionary justice.
鈥淭he killing of the Otazas, like other NPA executions, is just plain murder,鈥� Phil Robertson, HRW deputy Asia director, said in a media statement.
Robertson said while the rebel group frequently killed people found guilty by the so-called people鈥檚 courts, the trials were far from being fair.
鈥淭he NPA鈥檚 actions and claims of revolutionary justice handed down by people鈥檚 courts are flagrant violations of international law,鈥� he said.
Robertson said 鈥渁s a party to an internal armed conflict, the NPA is obligated to abide by international humanitarian law, including Common Article 3 to the Geneva Conventions of 1949 and its Second Additional Protocol of 1977 (Protocol II), to which the Philippines is party.鈥�
鈥淚nternational humanitarian law prohibits killing civilians, mistreating anyone in custody, and convicting anyone in proceedings that do not meet international fair trial standards,鈥� he added citing Article 6 of Protocol II, which says that criminal courts must be independent and impartial.
People accused of crime should also have 鈥渁ll necessary rights and means of defense,鈥� according to Robertson.
But under the NPA鈥檚 revolutionary justice, he said the accused were tried and convicted in absentia, 鈥渢hus denied the right to be tried in one鈥檚 presence before an impartial court.鈥�
鈥淭he NPA should end this charade of unjust 鈥榩eople鈥檚 courts鈥� and cease all executions,鈥� Robertson said.
Philip Alston, the former United Nations special rapporteur on extrajudicial, summary, or arbitrary executions, said the NPA鈥檚 claim that the Otazas were given fair trial is 鈥渘ot supported by the facts.鈥�
Alston also described the so-called people鈥檚 courts as 鈥渆ither deeply flawed or simply a sham.鈥�
HRW warned that the NPA killings could worsen the human rights situation in Agusan del Sur and other provinces.
鈥淏y resorting to vigilantism in the name of justice, the NPA is only serving to harm its own demands for justice for victims of military human rights violations,鈥� Robertson said. Allan Nawal, Inquirer Mindanao