Nature of EJK

1
Nature of EJK

• when you take away the life of a person without
  the benefit of legal and judicial proceedings
• politically-motivated
• committed by the State or any of its agents

2
CAUSES OF EJK

• Underlying causes
• Intolerance for the views of others in a
  pluralistic society
• Lack of respect for the rights of others and lack
  of love for God.
• Other causes
• Politics which breeds other consequences
• EJK is being used a war strategy by both sides
• Failure to apprehend the perpetrator and hold
  them accountable under our criminal laws
  emboldens them to further commit EJK and imbues
  them with a sense of impunity

3
LEGAL FRAMEWORK

• DOMESTIC LEVEL
• The group agreed that the following legal
  mechanisms are already in place
  (police/AFP/PNP/CHR/NBI, prosecution services,
  courts) and are perceived to be adequate, but
  they are not being utilized by the victims of
  EJK
• Special Courts for EJK
• Deputy Ombudsman for the Military has broad
  investigatory powers and can act on its own
  initiative and is perceived to be an impartial
  investigator
• Investigative bodies both in the military and the
  PNP

4

• INTERNATIONAL LEVEL
• The legal mechanisms in place are at best
  fact-finding and merely recommendatory
• Our best bet would be to rely on domestic legal
  mechanisms and structures to remedy a home-grown
  problem

5
GAPS AND BARRIERS

• Where are the EJK cases? There are practically no
  cases filed in court.
• Are victims strong and brave enough to file them?
  
• Are the remedies at the stages of investigation,
  prosecution, trial and conviction, adequate and
  effective?
• How do you make witnesses come out?
• How do you gather/produce evidence?

6
SOLUTIONS

• LONG-TERM SOLUTIONS
• Promote and strengthen certain moral and ethical
  values that put a premium on tolerance and
  respect for the rule of law, consistent with the
  demands of a pluralistic society
• Urge the authorities within the justice system to
  perform their duties and responsibilities as
  effectively and expeditiously as possible.

7

• IMMEDIATE SOLUTIONS
• Strengthen the Witness Protection Program
• Providing and increasing the needed budgetary
  support
• By creating a special Witness Protection Program
  exclusively for EJK
• Amend the Rules of Court to issue protective
  orders in favor of witnesses in EJK cases
• Disseminate information on existing legal
  mechanisms.
• Activate the broad powers of the Deputy Ombudsman
  for the Military

8

• SHORT TO LONG-TERM SOLUTION
• Revive the peace process