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UNCLAS SECTION 01 OF 03 MANILA 000609 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PREL RP
SUBJECT: MELO COMMISSION REPORT SPARKS NEW EFFORTS AGAINST 
KILLINGS 
 
REF: A. MANILA 573 
 
     ¶B. MANILA 468 
 
¶1.  (U) Summary:  Lost in much of the media hype about the 
initial reluctance of Malacanang publicly to release the Melo 
Commission's report, the strong denials of culpability by the 
Armed Forces of the Philippines (AFP), and the public 
criticism by the UN Special Rapporteur on Extrajudicial 
Killings that the AFP was in a "state of denial" are a series 
of prompt actions taken by President Arroyo and her 
government to implement many of the Commission's 
recommendations.  Among these are: issuance of new AFP 
directive outlining command responsibility; strengthening the 
Department of Justice's (DOJ) witness protection program; 
designation of special courts to prosecute these cases; 
creation of an AFP Human Rights Office; revitalization of a 
Presidential Human Rights Committee; additional funding for 
the separate Commission on Human Rights; a formal instruction 
to the DOJ and Department of National Defense to cooperate 
with the Commission on Human Rights to constitute a formal 
new fact-finding body on possible military involvement in 
these killings and prosecution of any culpable individuals; 
and, extension of the Commission's mandate.  Senior Embassy 
staff, including Ambassador, will continue our active 
outreach to senior Philippine officials to underscore USG 
concern and willingness to help, including with an upcoming 
seminar and expanded funding for the Commission on Human 
Rights.  End Summary. 
 
Findings 
-------- 
 
¶2.  (U) After weeks of sharp media criticism about lack of 
access to the report of the Melo Commission on political and 
journalists' killings, Malacanang Palace released the report 
publicly on February 22.  At the Embassy's request, the 
Department of Foreign Affairs presented a copy to the 
Ambassador as well.  As Justice Melo had privately briefed 
Pol/C on February 9 (ref b), the Commission's most 
significant conclusions included: 
--  circumstantial evidence links "some elements" of the 
military to the killings but without sufficient evidence 
given the lack of witnesses to support successful 
prosecutions or convictions; 
--  there is no official or sanctioned policy by the military 
or its civilian superiors to resort to illegal liquidations; 
--  there is no definitive accounting of the actual number of 
killings, but "even one is too many;" 
--  the killing of journalists is mostly attributable to 
reprisals from politicians, warlords, or business interests, 
rather than agents of the government, and prosecutions have 
been more successful given a greater willingness of witnesses 
to testify; 
--  President Arroyo's resolve to stop these killings is 
clear from her public statements as well as the creation of 
Task Force Usig and the Melo Commission itself. 
 
¶3.  (U) The Commission's recommendations included: 
--  Reiteration by the President in the strongest possible 
manner of her determination to stop extrajudicial killings; 
--  Creation of an independent civilian investigative agency, 
with authority to execute warrants and make arrests, as well 
as promptly, impartially, and effectively to investigate 
extrajudicial killings; 
--  DOJ creation of a special team of well-trained 
prosecutors to handle extrajudicial killing cases and Supreme 
Court designation of special courts to try these cases; 
--  Enhancement of witness protection program so as to 
guarantee the safety of witnesses to the killings; 
--  New legislation to require police and military forces and 
other government officials to maintain strict 
chain-of-command responsibility for killings and other 
offenses committed by personnel under their command, control, 
or authority; 
--  Enhancement of investigative capabilities of the 
Philippine National Police and the National Bureau of 
Investigation; and, 
--  Proper orientation and training of security forces to 
make them conscious of command responsibility and its 
ramifications. 
 
Government responses 
-------------------- 
 
¶5.  (U) The Philippine government responded quickly with a 
series of new initiatives designed to implement many of the 
key recommendations: 
--  President Arroyo wrote to Supreme Court Chief Justice 
Reynato S. Puno on January 31 calling for designation of 
 
MANILA 00000609  002 OF 003 
 
 
special courts throughout the country to try cases related to 
the "unabated killings of political activists and members of 
the media," which the government views "with alarm and 
concern."  Chief Justice Puno on February 15 announced that 
the Supreme Court would indeed establish special tribunals to 
conduct swift trials of suspects in extrajudicial killings, 
that such cases would "go high on the priority list," and 
that the Supreme Court would be amenable to establishing a 
reward system to reach faster resolution of the cases; 
--  Executive Secretary Eduardo Ermita issued a memorandum 
dated January 31 to the Secretaries of Justice and National 
Defense conveying the President's instruction for them to 
"coordinate with the Commission on Human Rights in 
constituting a Joint Fact-Finding body which will delve 
deeper into the matter of possible involvement of military 
personnel in unexplained killings...and prosecute the 
culpable parties;" 
--  In a separate memorandum dated January 31, Executive 
Secretary Ermita conveyed the President's instruction to 
 
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Justice Secretary Gonzalez to "broaden and enhance the 
Witness Protection Program to cover all witnesses of crimes 
involving unexplained killings of an ideological or political 
nature," to which Secretary Gonzalez responded in a February 
19 memorandum describing the additional measures the DOJ had 
already taken to comply; 
--  In a separate memorandum dated January 31, Executive 
Secretary Ermita conveyed the President's instruction to 
 
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Defense Secretary Ebdane and AFP Chief of Staff General 
Esperon to prepare an "updated document on the doctrine of 
command responsibility," which General Esperon then issued on 
February 4 to the commanders of all major services, unified 
commands, AFP-wide support and separate units as well as the 
Provost Marshal General and subordinate units; 
--  In a separate memorandum dated January 31, Executive 
Secretary Ermita conveyed the President's instruction to the 
 
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Foreign Secretary to "submit a formal proposal to the 
European Union, Kingdom of Spain, Republic of Finland, and 
Kingdom of Sweden to send investigators to assist the Melo 
Commission;" 
--  In a recent letter to Justice Melo, General Esperon 
announced the formation of an AFP Human Rights Office 
effective February 1 to "enhance our advocacy and adherence 
to, as well as promptly and strictly hold accountable anyone 
from the AFP who violates human rights," while at the same 
time reiterating at length the AFP's conclusion that purges 
by the Communist Party and New People's Army are the 
"correct, accurate and truthful reasons that explain the rise 
in extrajudicial killings;" 
--  In a February 22 letter to the Ambassador, the newly 
appointed Executive Director of the Presidential Human Rights 
Committee, with the rank of Undersecretary in the Office of 
the President, provided information on a "newly expanded and 
strengthened Presidential Human Rights Committee," chaired by 
the Executive Secretary and including the Secretaries of 
Justice, Foreign Affairs, Education, Interior and Local 
Government, National Defense, Health, Social Welfare and 
Development, and Budget and Management as well as the Press 
Secretary, Director-General of the National Economic 
 
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Development Authority, Chief Presidential Legal Counsel, and 
the Lead Convenor of the National Anti-Poverty Commission, 
following the issuance of a December 8, 2006 Administrative 
Order; 
--  Release by President Arroyo on February 21 of an 
additional 25 million pesos (US$500,000) to the separate 
Commission on Human Rights, which CHR staff told Embassy on 
February 23 will be used to establish barangay (village) 
human rights centers, a forensic center, expanded information 
drives, and training; and, 
--  In a separate memorandum dated January 31, Executive 
Secretary Ermita conveyed to Justice Melo the "President's 
 
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desire for the Commission to continue its work and to submit 
to the President from time to time supplemental reports." 
 
¶6.  (U) Following the UN Special Rapporteur's remarks 
February 21 (ref a) that the Philippine government was in a 
"state of denial," President Arroyo stated February 22 that 
her government took the UN Special Rapporteur's views 
"constructively."  She assured the killings would be resolved 
and the AFP "shall continue to be a vanguard of freedom." 
 
Embassy actions 
--------------- 
 
¶7.  (U)  Ambassador has met in recent days with Foreign 
Secretary Romulo, National Security Advisor Gonzales, Defense 
 
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Secretary Ebdane, Secretary of Interior and Local Government 
 
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Puno, and General Esperon to reiterate our concern over 
extrajudicial killings and to urge the Philippine government 
to take additional steps, such as those recommended by the 
 
MANILA 00000609  003 OF 003 
 
 
Melo Commission.  Embassy is additionally seeking meetings 
with Chief Justice Puno and Justice Melo to discuss next 
steps.  Pol/C is separately seeking meetings with the 
Presidential Chief Legal Counsel, the new Presidential Human 
Rights Committee executive director, the chairman of the 
Commission on Human Rights, the head of the new AFP Human 
Rights Office, the new head of Task Force Usig, and the 
Undersecretary of Defense. 
 
¶8.  (U)  Using INL funding, the Embassy's Senior Law 
Enforcement Advisor will coordinate a two week training 
course (bringing one FBI investigator and one DOJ prosecutor 
to Manila) for forty Philippine trainees, including three 
investigators and one prosecutor from each of the ten areas 
with the most extrajudicial killings.  DRL had been unable to 
provide this funding, and Embassy is grateful for INL support 
for this worthy activity. 
 
¶9.  (U)  USAID will be submitting a proposal to include a 
US$1 million grant to the Commission on Human Rights out of 
reprogrammed FY2006 ESF funds, in addition approximately 
$500,000 soon to become available from FY07 funds and a 
projected $1 million in FY08 funding. 
 
 
Visit Embassy Manila's Classified SIPRNET website: 
http://www.state.sgov.gov/p/eap/manila/index. cfm 
 
You can also access this site through the State Department's 
Classified SIPRNET website: 
http:// www.state.sgov.gov/ 
KENNEY