EU EXAMINES ASSISTANCE AGAINST UNLAWFUL KILLINGS

C O N F I D E N T I A L MANILA 002198 SIPDIS SIPDIS E.O. 12958: DECL: 06/29/2012 TAGS: PHUM PREL EAID EU RP SUBJECT: EU EXAMINES ASSISTANCE AGAINST UNLAWFUL KILLINGS REF: A. MANILA 1704 ¶B. MANILA 2120 Classified By: Pol/C Scott Bellard, reasons 1.4 (b) and (d) ¶1. (C) A special seven-person European Union Needs Assessment Mission (NAM) visited Manila June 18-28 to identify possible areas on which EU assistance programs could help the Philippine government deal with the ongoing problem of unlawful and extrajudicial killings. British Deputy Head of Mission Colin Crorkin (strictly protect) provided Pol/C with a copy of NAM's aide memoire on June 29. ¶2. (C) The report makes very clear that these killings are "a Philippine problem requiring a Philippine solution," underscoring that the Philippine government has a "legal burden" to prevent such crimes and prosecute culprits. While promising to submit a fuller report at a later time outlining possible EU assistance programs, the NAM insisted that the Philippine government itself must "be ready to provide the resources to match the political will it has already expressed." It highlighted also that actual investigations of the killings remained the "sole responsibility of the Philippine Government." The report acknowledged several important steps the Philippine government had already taken, including establishment of Task Force Usig and the Melo Commission, but noted "little concrete progress in investigating and prosecuting suspects" and few "effective implementation measures." ¶3. (C) Among the key findings are: -- technical assistance and equipment could help in crime investigation management and crime scene investigations; -- the disconnect between police and prosecutors (which an Embassy-organized seminar addressed in May -- ref a) is an impediment to successful prosecutions, perhaps requiring special laws, special police, special prosecutors and judges, and even a special prison regime, while acknowledging the importance of a draft Executive Order (which Embassy has long advocated to the Philippine government) mandating such cooperation in the pre-trial case preparation; -- the Philippine witness protection program needs internal and external support as well as institutional reorganization; -- additional training for judges and prosecutors on human rights and international humanitarian law, inter alia, could be helpful, while the Supreme Court's Administrative Order (ref b) mandating speedier trials should address concerns about the "significant delays" in judicial proceedings; -- the independent Commission on Human Rights, which "has the confidence of the victims and witnesses," lacks technical capacity and needs more support (note: USAID has already requested additional funding in the FY07 and FY08 budgets for the CHR. end note); -- the Office of the Ombudsman is not living up to its mandate to "stop, prevent, and correct any abuse or impropriety in the performance of duties," and needs to take more steps in the investigation of these killings; and, -- the Armed Forces of the Philippines has already expressed its willingness to accept further training by EU military experts in the field of human rights, which the NAM believes should cover the "application of international humanitarian law to the counter-insurgency," with an emphasis on "distinction between combatants and non-combatants" as well as command responsibility. ¶4. (C) Comment: The EU's NAM members met with emboffs to seek our views at the beginning of its visit. DHM Crorkin emphasized privately that the EU plans closely to coordinate any future assistance on this issue with the Embassy and with other potential donors to ensure that we do not duplicate efforts. The Philippine government's receptivity to this external assessment, and its willingness to work with interested donors including the USG to improve its capacity to investigate and prosecute such unlawful killings, are welcome, as are its own ambitious programs to resolve this problem. Visit Embassy Manila's Classified website: http://www.state.sgov.gov/p/eap/manila/index. cfm KENNEY