Military seeks ‘closure’ to Burgos abduction case

From the Daily Tribune (Apr 3): Military seeks ‘closure’ to Burgos abduction case

The Armed Forces of the Philippines (AFP), which is being increasingly implicated in the mysterious disappearance of activist Jonas Burgos, said it wanted a closure to the issue and it is not against the possible reopening of the enforced disappearance case as it said it will provide legal assistance to its personnel implicated in the issue.

AFP spokesman Col. Arnulfo Marcelo Burgos Jr. said the move of Edita Burgos, mother of Jonas, urging the Supreme Court to reopen the case of her missing son is an exercise of her constitutional right.

“That’s coming from them, right? So that’s their constitutional right and on our part it’s also good (so that) once and for all, truth will be known,” Burgos said.

“Our intent is to put a closure to this issue,” Burgos said.

In an urgent special motion filed by Mrs. Burgos on Monday, she asked the SC to reopen the case and receive the new pieces of evidence linking the military to the abduction of her son from a Quezon City mall on April 28, 2007.

Among the new pieces of evidence presented by Mrs. Burgos was a photograph of Jonas inside what appears to be a detention cell supposedly taken a few days after his abduction.

The move to reopen the case came days after the Court of Appeals declared the AFP accountable for the disappearance of Jonas. The CA particularly identified Army Maj. Harry Baliaga as responsible for the case.

However, Baliaga remained in the active roster of the Army and is currently assigned in a staff position to the Philippine Army’s Adjutant’s Office. Army spokesman Lt. Col. Randolph Cabangbang said Baliaga is not restricted.

Cabangbang explained that while Baliaga, who was only a lieutenant when Burgos was abducted, was implicated in the case, no formal charges have been filed against him.

“When you get promoted, you will be given clearances and if you will be given a clearance…you should certify that you do not have any case and if he was promoted to major, it’s only because there is no case filed against him,” said Cabangbang.

“He was implicated but I do not think it (case) prospered…this is another decision (CA order), this is a new decision which did not come out when he was promoted,” said Cabangbang.

Colonel Burgos also stressed that the military will be providing legal assistance to the personnel implicated in the case.

“Whenever we have personnel having cases heard, there is always that responsibility for the organization to provide legal assistance,” said Burgos.

Burgos said the AFP will comply with the Court of Appeals directive and fully cooperate with the investigations as they have done in the past.

“We will coordinate with the investigative bodies, i.e., the Philippine National Police and the National Bureau of Investigation,” Burgos stressed.

In its March 18 ruling, the CA “declared Major Harry A. Baliaga, Jr. responsible for the enforced disappearance of Jonas Burgos [and] declared the Armed Forces of the Philippines, particularly the Philippine Army, accountable for the enforced disappearance of Jonas Burgos.”

The CA cited a December 2011 Supreme Court (SC) ruling (Balao v. Macapagal Arroyo) to distinguish accountability from responsibility.

“Accountability... refers to the measure of remedies that should be addressed to those who have exhibited involvement in the enforced disappearance without bringing the level of their complicity to the level of responsibility... or who are imputed with knowledge relating to the enforced disappearance and who carry the burden of disclosure; or those who carry, but have failed to discharge, the burden of extraordinary diligence in the investigation of enforced disappearance,” the SC ruling read.

Baliaga, a 1st Lieutenant at the time of the incident, belongs to the 56th Infantry Battalion based in Bulacan province.

In March 2011, the Commission on Human Rights, with a directive from the SC to re-investigate the matter, concluded that the military had a hand in the disappearance and pointed to Baliaga as Jonas’ principal abductor.

Malacañang said that if there is positive evidence that points to culpability of certain individuals in connection with the disappearance of Burgos, “they will have to face the full force of the law.”

“Our actions are guided by evidence. The justice system operates on the principle of innocent until proven guilty,” Presidential spokesman Edwin Lacierda said.

“If there’s evidence that points to the culpability of certain individuals, they will have to face the full force of the law,” he noted.

The pieces of evidence in the hands of Edita Burgos allegedly marked as “confidential” by the Philippine Army include: After Apprehension Report, Psycho Social Processing Report, and Autobiography of Jonas Burgos.

Allegedly, these new pieces of evidence have been attached to Mrs. Burgos’ motion but will remain sealed until ordered opened by the court.

Mrs. Burgos told the high court that any “premature leak” of these pieces of information may compromise her own personal security.

“The newly discovered evidence will prove that the officers and enlisted personnel of the particular unit of the 7th ID and the 56th IB are responsible for the enforced disappearance of Jonas Burgos; that these units captured and interrogated him and based on the same evidence, could probably continue to detain him or God forbid, had disposed of him in the manner that only they could explain,” the motion read.

Lacierda assured that part of the mandate of President Aquino as commander-in-chief is “to ensure justice for all,” even when it involves uniformed men in government.

http://www.tribune.net.ph/index.php/headlines/item/12398-military-seeks-‘closure’-to-burgos-abduction-case