National Summit on Extrajudicial Killings

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National Summit on Extrajudicial Killings

• Command Responsibility
• Due process

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European Commission

• Govt. request to the EU to provide technical
  assistance
• EU team of experts (June 2007) - needs assessment
• EC cooperating with Philippines Commission on
  Human Rights PHILJA

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EC contribution to date

• Technical Assistance
• Expert focus
• Primary Command responsibility/ due process
• Additional Criminal, HR, Humanitarian law/
  Evidence/ Procedure
• Comprising (TBD)
• Training/ Training of trainers
• Formulation of procedures/ Judicial manual

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Command Responsibility

• Which standard?
• How could the Special Courts incorporate this
  standard?
• ICC provisions - why?
• Incorporates case-law of the ad hoc courts
• Wide scope to encompass a range of actors
  situations

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ICC Art. 28 (a) (b)

• (a) military commander responsible
• crimes by forces under command or control
• failure to exercise control, where
• (i) knew/ should have known forces were
  committing/ about to commit crimes and
• (ii) failed to take measures to prevent or
  repress their commission or to submit for
  investigation prosecution
• (b) superior/ subordinate relationships
• can include government officials NSA

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Example of CR definition

• Canada, Crimes Against Humanity Act 2000 (ICC
  implementing legislation)
• Particularities
• Breach of responsibility
• Criminally negligent in failing to know
• Includes military commander and superior
• Military commander includes police
• Superior is a person in authority

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Command responsibility - areas to consider

• Scope of CR in Philippine law
• Current definition accord with int. standards?
• Which int. standard to apply?
• Who should CR apply to?

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Areas to consider (contd.)

• Resist limitations of scope
• Criminal (not just administrative) accountability
  where appropriate
• Neglect of duty under CR and accessory after
  the fact status not sufficient -
• need to impose direct responsibility as principal
  for the crime

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Due Process Special Courts

• See detailed paper
• In particular
• Role in prevention of EJK - creating culture of
  compliance
• Compatibility with victims rights

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Due Process - areas to consider

• No dilution of existing standards
• Awareness of risks of expedited cases
• Caution witness protection
• Protection for defense witnesses/ counsel
• Evidence - same safeguards as ordinary cts.
• Hearsay/ opinion evidence
• Co-accused/ amnestied witnesses
• Confessional evidence

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Fin