The victims and families of the despicable Ampatuan, Maguindanao massacre have a right to redress. Bodies “bearing marks of despicable torture, contempt and outrageous torment” cry to the heavens for justice. The perpetrators of the gruesome murders, rape and other inhuman and cruel treatment must also be brought to justice. Proper charges must be made against them.

Genital mutilation, rape, cruel and inhuman executions are what they are and no other – heinous crimes that are unbailable. Sheer illegal possession of innumerable firearms and explosives do not ordinarily merit bail.

Filing rebellion charges against the alleged leader and accomplices does not render justice to either party. Rather it is legal shrewdness. It makes a mockery of justice itself. Further, the suspected criminals could avail not only of bail, but consequently of unrestricted liberty to intensify the climate of fear and the culture of impunity against perceived opponents in Maguindanao and possibly beyond. Filing rebellion charges gives justice to none of the victims and the accused.

Presidential Proclamation 1959 has prepared the legal grounds of immunity for the impunity of warlords who are allies of the Chief Executive and the Commander-in-Chief. PP 1959 can become the mother document that could justify martial law in other specific territories. PP 1959 can be the tinderbox that could set this country in conflagration razing to the ground the gains in our fundamental freedoms and dignity as persons and peoples since martial law was ended by the EDSA people’s uprising.

PP 1959 tends to gloss over the past and present human rights violations of military dominance and arrogance over civilian authorities especially in the rural areas. Already Maj. Gen. Gaudencio Pangiliran recommends that PP 1959 be extended to cover the May elections…so that “elections will be credible”. The military’s accountability for the 2004 elections results in Mindanao as well as the other gross human rights violations make military governance dangerous to any civilian constituency.

The Philippine Alliance of Human Rights Advocates (PAHRA), for the reasons above, calls on Congress to reject Presidential Proclamation 1959. This Congress has the historic opportunity to leave a positive accountability to the Filipino people and to the world of a collective legislative will to preempt an attempt for martial law to gain a foothold, and to prevent another onslaught on human rights.