THE UNITED Nations Human Rights Committee has found the Philippine government responsible for the 2002 death of human rights worker Benjaline Hernandez who was shot dead by paramilitary forces.
“The committee, based on the material before it, finds that the [Philippine government] is responsible for the death of Ms. Benjaline Hernandez, and concludes that there has been a violation of article 6, paragraph 1, of the [International Covenant on Civil and Political Rights] with regard to Ms. Benjaline Hernandez,” it said.
The committee said the government violated its obligations to provide effective remedies to resolve Benjaline’s case, as required by the covenant.
The Philippine government is obliged under article 6, paragraph 1 of the International Covenant on Civil and Political Rights to protect the right to life and to prevent or refrain from the arbitrary deprivation of life.
Benjaline’s mother, Evangeline, represented by the Karapatan human rights group, went to the UN to seek justice for her daughter.
The Philippines is a party to the Optional Protocol to the Covenant.
Benjaline, deputy secretary-general of Karapatan Southern Mindanao, was conducting research on the impact of the peace process on the community of Arakan when members of the Citizens Armed Force Geographical Unit, led by a 7th Army Battalion officer, attacked the hut where she and several others were about to have lunch.
An autopsy showed that Benjaline was shot at close range while she lay on her back.
In its findings, the UN committee said that Benjaline’s killing by paramilitary forces was undisputed.
It rejected the government’s denial that the military was responsible as no convincing evidence was submitted.
It said the Philippines also failed to submit convincing information that it had taken action to fulfill its obligation under the covenant.
Though the government filed a case against one officer and a few others, no one else had been prosecuted or brought to justice in connection with Bernardine’s killing, it said.
It also said that while the government provided data on the establishment of the Melo Commission and handed down guidelines for special courts to address extrajudicial killings, it did not say how these initiatives would contribute to the resolution of Benjaline’s case.
These actions also fail to explain the lack of progress in Benjaline’s case in the courts, it added.
It pointed out that the State party (that is, the Philippines) is obliged to ensure that the remedies it employs are effective.
“A State party may not avoid its responsibilities under the covenant with the argument that the domestic courts are dealing with the matter, when the remedies relied upon by the State party have been unreasonably prolonged,” it said.
The UN committee told the government to submit to it information about the measures it has taken to address the committee’s views within 180 days.
The government told the committee that Evangeline’s letter to the UN was premature and that she had not exhausted all the domestic remedies available to her.
It denied that the cases Evangeline had filed before the courts and the Commission on Human Rights had been unreasonably delayed.
It said it had taken other steps to address extra-judicial killing cases. –Leila B. Salaverria, Philippine Daily Inquirer
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