Evidence lacking: No rebellion case vs Nur

From the Manila Standard Today (Sep 11): Evidence lacking: No rebellion case vs Nur

President Benigno Aquino III said on Tuesday the government was not inclined to file rebellion charges against Moro National Liberation Front founding chairman Nur Misuari, whom he described as the “voice of the entire MNLF.”

But the Aquino administration is bent on terminating the tripartite review process on the 1996 final peace agreement involving the governments of the Philippines and Indonesia and the MNLF, purportedly the reason why the MNLF staged the Zamboanga City attack that resulted in the death of 6 people and injury to 24 others.

The Chief Executive said there may be no case filed against Misuaru because his involvement was not apparent and that “the elements of inciting to sedition or rebellion are lacking.”

Aquino added that there appears to be efforts on the part of Misuari to ensure that the elements of the crime are not complete so he could not be charged.

“So it is hard to state categorically, at this point in time, that we have cases that we can file against Nur Misuari because the evidence that would prove that he engaged in such an activity is not yet present or at least is not apparent,” he said.

At the same time, Aquino acknowledged that Misuari remained as “the voice of the entire MNLF,” barely a month after Malacanang described Misuari’s faction as a “spent force.”

The President said his assessment was based on his discussion with presidential peace adviser Teresita Deles.

“I asked her (Deles) to take a step back and assess where is the basis to say that Chairman Misuari is still the voice for the entire MNLF. And Secretary Deles replied that all the (MNLF) factions seem to defer to him,” the President said.

Aquino said the assessment was “being studied at this point” but  did not expound on how this would affect the ongoing standoff in Zamboanga City and how it would position Misuari on efforts to abolish the ARMM, which is the product of the 1996 final peace agreement between the government and the MNLF.

The Aquino, government, however, appeared bent on terminating the tripartite review process on the 1996 final peace agreement between the government and the MNLF.

The termination of the review is being cited by the MNLF as reason for massing up in Mindanao, saying it was tantamount to terminating the peace process amid efforts to abolish the Autonomous Region in Muslim Mindanao.

Deles said ending the six-year review process will “pave the way for the full implementation of the 1996 FPA.”

“The proposed completion of the Tripartite Review Process was thoroughly discussed and clearly understood by the OIC-PCSP (Organization of Islamic Cooperation – Peace Committee for Southern Philippines),” Deles said.

The OIC-PCSP has scheduled the 5th tripartite review meeting on September 16 in Yogyakarta.

Deles noted that this was why  OIC-PCSP chairman Hassan Kleib of Indonesia, visited the country last week to talk to government representatives in Manila and MNLF groups in Davao City.

The Friday meeting with Kleib was attended by Misuari’s appointed representative, MNLF spokesman Emmanuel Fontanilla, Deles said.

Manila has earlier secured the support of Indonesia not to agree to the demand of the MNLF to activate the ceasefire mechanism of the OIC to end the standoff.

“This is an internal security matter. This is a domestic matter. Indonesia’s role is clear as facilitator of the tripartite review,” she added.

Aquino, meanwhile, ruled out the possibility of declaring a state of emergency in Zamboanga City.

“At this time, we do not see any need to declare a state of emergency,” Aquino said.
The President said it was hard to pin down Misuari for the crime of rebellion, including the attacks in Zamboanga City because the MNLF leader has not surfaced yet.

“There was a purported declaration of independence by Nur Misuari. The problem is that only the spokesman of the MNLF has been speaking,” he said.


“If we say that his spokesman have said that Misuari has declared such, that paves the way for the concept of hearsay. How can we say that he said it? If he asks what our evidence is and we quote the persons he talked to, that sort of waters down the case,” the President added.

“As to the Zamboanga City incident, allegedly Misuari is there, but I have to stress allegedly because no one has talked to him yet, and he has not surfaced to declare whatever,” the President said.

But Aquino said the Department of Justice will “take a long, hard look”and investigate if there is a possibility to charge Misuari.

Meanwhile, Interior and Local Government Secretary Mar Roxas urged the MNLF to attend the tripartite rmeeting on the aborted peace negotiation with the MNLF in Indonesia next week.

Roxas said the meeting with OIC would explain that the government did not abrogate the 1996 peace pact, but merely terminated the review process.

But MNLF peace panel head Absalom Cerveza doubted any positive outcome would be achieved at the resumption of the meeting in Jakarta.

“I doubt that there will be a dramatic solution to MNLF final peace agreement because of the final closure of the tripartite review of the peace negotiations,” Cerveza said.

http://manilastandardtoday.com/2013/09/11/evidence-lacking-no-rebellion-case-vs-nur/