“AGRA-KADABRA”: Black Magic is Upon Us
(Incremental Impunity in Progress)

Incremental impunity is in progress. By making a mountain out of a molehill of an alibi that both Zaldy and Akmad Ampatuan were not in the site of the infamous Ampatuan massacre, Acting Justice Secretary Agra seems to be part of a Conjurer’s magic words: “Agra-kadabra” to make the charges and the persons charged for plotting and/or executing the massacre disappear.

The International Federation for Human Rights (FIDH), of which the Philippine Alliance of Human Rights Advocates (PAHRA) is the Philippine member, stated in their open letter to Secretary Agra that:

… the decision was made on the uncontested basis that both suspects have “proof of an alibi” and that there was “no proof of a conspiracy.” Such determination must be made by an independent and impartial court, only after cross-examination of witnesses and close scrutiny of all supporting evidences, which to our knowledge have not yet taken place. Therefore, FIDH believes this decision is premature and should be revisited to allow the indictments to stand.

Part of incremental impunity is the leniency given by Senior Insp. Lloyd Gonzaga, deputy warden of the Quezon City Jail Annex (QCJA) in Camp Bagong Diwa, Taguig City, to prime suspect Andal Ampatuan, Jr. in holding a press conference. Instead of demobilizing Gonzaga, Secretary Puno of the Department of the Interior and Local Government (DILG), has transferred the former to a position where as chief of operations in the BJMP headquarters he could have wider reach to practice impunity.

FIDH and PAHRA also strongly state that the decision to drop murders charges against these two suspects undermines the right of the victims to access to justice and to effective remedy. Agra’s decision violates the Philippine government’s obligation as State Party to the International Covenant of Civil and Political Rights and is therefore bound by the Article 2 to “ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity.”

All suspects indicted for the Maguindanao massacre must be brought to trial before a competent, independent and impartial court in accordance with the national criminal law and in strict respect of international human rights principles and standards.