January
1 marks the 40th day after the brutal
killings of 57 people, including 31 journalists and media workers, in the
Philippine
province
of Maguindanao. In the
Philippine tradition, the day will be considered the “end of mourning.” But the pursuit of a just and thorough
prosecution is only beginning, noted CPJ board member Sheila
Coronel, who said the “effort
will require an unprecedented level of resources, commitment, and
collaboration.” Several of us at CPJ got an overnight memo from Coronel, who
has returned to her hometown,
Manila,
to speak with advocates working on the case.
Coronel,
director of the Stabile
Center for Investigative Journalism at the Columbia University Graduate
School of Journalism, was one of the foremost investigative reporters in the Philippines.
She believes justice can be achieved, but she is cautious. Let me summarize
much of what she told us in her memo—I’ll cite her very liberally.
She warned us that “journalist
and lawyer groups in the Philippines have not dealt with something on this
scale before: 57 victims, several sets of lawsuits involving potentially scores
of litigants, and accused murderers who are not only powerful, wealthy and
well-armed but also have a well-funded and sophisticated defense team.
“No single entity—probably not even the
Philippine Department of Justice—has the resources and the capacity to
adequately prosecute the Maguindanao cases on its own,” Coronel went on to say.
“The effort will require an unprecedented level of resources, commitment and
collaboration. Trying the cases will take at least two years: The groups need
to be in this for the long haul.”
Given
all the years of political turmoil before and after the Marcos era, the Philippines is
blessed with an active civil society, but we should expect this to be a complex
process. Coronel counted eight different media and legal groups and individual
lawyers pursuing five different types of lawsuits. There has been some consolidation
of their efforts, but there will likely be more to come. She said that should
be a priority in the coming weeks.
Another
important issue: There is a pressing need for coordination with victims’
families. The political reality in Maguindanao is that unless the families are
briefed and participate actively in the cases, they could succumb to threats
from the members of the Ampatuan clan who have been accused in the killings. Or
that impoverished families who lost their main income providers might be paid off
by those who are implicated in the killings.
Underlying
this are several concerns involving funding and resources:
Costs of litigation: Those costs include filing fees and transportation
for lawyers, witnesses, and families attending hearings, which have been moved
to Manila from central Mindanao.
Legal teams also need to beef up staffing for the litigation that lies ahead.
Support for victim families: Outreach
and humanitarian assistance has helped the families through the difficult
grieving period and has sustained their confidence that justice is possible.
But that will have to be maintained throughout the long legal process. Coronel
noted the need to provide resources so families are kept informed about the
progress of cases.
Support for advocacy and documentation: The killings are still at the center of
media attention in the Philippines,
but there is little coverage outside the country now. Media and civil society organizations
will be monitoring the investigation and conducting independent research for
some time to come. They will need ongoing support even as public attention
lags.
Support for witness protection: The government’s Witness Protection Program
has provided financial and logistical support for some witnesses and their
families. As the trials progress, civil society groups will need to provide additional
support, such as airfare, to enable witnesses not in the program to attend hearings.
In addition, some witnesses are reluctant to accept government-sponsored
protection. In those cases, CPJ and other media support groups will support
relocation.
International support: International observers, including
possibly U.N. special rapporteurs for human rights and free expression, will be
needed to monitor the trials. The European Union has been supportive of efforts
to get justice for the victims. “For sure,” Coronel said, “international
attention during the trial is crucial to ensuring that justice is done.”
Forensic expertise: The site of the massacre has been
overrun over by police and relatives searching for bodies. Forensic experts have
been frustrated by the contamination or loss of important evidence. Raquel
Fortun, a forensic pathologist, is preparing a report and, from there,
additional needs will be determined. “So far, the lawyers I spoke with,
including those not involved in the Ampatuan cases, have faith in Fortun and
she is seen as highly credible, even by the government,” Coronel said.
Stress relief: Coronel said lawyers, supporters, and
staff exposed to the gruesome details of the case need counseling and therapy.
Some have already shown signs of stress.
CPJ’s
Journalist Assistance program and Asia regional staff are working closely with
our colleagues in Manila
and around the world to help the families of those killed rebuild their lives
and to help bring the perpetrators to justice.
One note for the
record: The Ampatuan clan has professed innocence
in the killings. On Wednesday, the
Philippine Daily Inquirer quoted a son of Maguindanao Gov. Andal Ampatuan Sr. Said
the Inquirer: “Sajid Islam Ampatuan
claims the multiple murder charges … are politically motivated to dislodge
their clan from power.”
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This is really so sad... It will never be enought for the families...