Al Barka raid leader now immune from arrest

From the Daily Tribune (Jan 30): Al Barka raid leader now immune from arrest

The peace agreement between the government and the Moro Islamic Liberation Front (MILF) had virtually turned fugitives who are members of the rebel group into untouchables, with their warrants of arrest sus-pended, in-cluding that on Dan Lak-saw Asnawi, the MILF commander who led the Al Barka carnage of 19 Special Forces soldiers, including four junior officers, in 2011.

This was evidenced by a Jan. 21 public meeting between Army 104th Brigade chief Col. Carlito Galvez and Asnawi in Sumisip, Basilan where the two, along with some of their men, witnessed a supposed peace covenant between warring clans in the area.

The government and the MILF signed in Oct. 15 last year the Framework Agreement on the Bangsamoro that seeks to create a substate for the rebel group.

Asnawi, commander of the 114th Base Command of the MILF’s Bangsamoro Islamic Armed Forces (BIAF), was tagged in the Oct. 18, 2011 clash between combined MILF and Abu Sayyaf fighters and members of the Army’s elite 4th Special Forces Battalion in Al Barka town.

The Special Forces were dispatched to serve an arrest warrant against Asnawi and Abu Sayyaf leader Long Malat for their involvement in the 2009 killing of 14 members of the Philippine Marines, some of them were beheaded, also in Al Barka.

The 10-hour clash resulted in the killing of 19 Special Forces soldiers, four of them junior officers. Again, Asnawi was charged, in fact he was among the subjects of President Aquino’s declaration of “all-out justice.”

At a press briefing yesterday, Armed Forces of the Philippines (AFP) Chief of Staff Gen. Emmanuel Bautista did not categorically answer queries why Asnawi was not arrested during a meeting with Galvez and how could justice be served to the victims of his atrocities. Galvez is the military commander in Basilan province.

“These matters are in fact being discussed in our Framework Agreement, our panels are meeting. In fact, that is one of the things being discussed, the transitional justice. So we just wait for the final outcome of the negotiations,” replied Bautista when asked why Asnawi was not arrested.

“We have decided, both sides have decided to end the armed struggle, we had the Framework Agreement to settle these issues peacefully,” added Bautista.

Pressed what are the sentiments of the soldiers on the matter, Bautista replied “we support the peace process but we also are after justice, rule of law…that is why the transitional justice is being discussed, this is our mechanism.”

Likewise, the Philippine Army is having a difficult time implementing the elections gun ban on areas in Mindanao which are supposed territories of the MILF.

The Army’s 6th Infantry Division even had to issue an appeal to the public to help in the effective implementation of election gun ban in those areas. “We need cooperation from the commuters and motorists during implementation of gun ban to avoid delays,” Col. Dickson Hermoso said.

Hermoso, speaking for the 6th Infantry Division, said gun owners should make documents at hand so that it can be checked by soldiers manning checkpoints without delay. The 6th ID covers the provinces of Maguindanao, Sultan Kudarat and North Cotabato. The 6th ID is based in Barangay Awang, Datu Odin Sinsuat, Maguindanao.

Hermoso made the appeal following complaints by motorists that soldiers are “very strict” in the gun ban implementation that causes heavy traffic flows along highways in Maguindanao.

More than a dozen election gun ban violators have been arrested and at least 20 assorted firearms were confiscated. According to Hermoso, there are local officials who, sometimes, refused to be subjected to inspection, thereby causing delays and traffic jams.

In implementing election gun ban which began on Jan. 13, the military and the police are applying “plain view” principle. Maguindanao is home to many loose firearms, including those in the hands of MILF, Moro National Liberation Front (MNLF) and other armed groups.

Relatedly, Bautista yesterday received his fourth star from Defense Secretary Voltaire Gazmin during simple donning of ranks ceremony in Camp Aguinaldo.
http://www.tribune.net.ph/headlines/item/9885-al-barka-raid-leader-now-immune-from-arrest