High drama on Senate probe of Mamasapano massacre

BEHIND THE SCENES

Alfred P. Dizon

We were glued on television last week on Senate investigations on Mamasapano “massacre” in Mindanao wherein 44 commandos of the Philippine National Police’s Special Action Force, 18 Muslim fighters and some civilians died.

Among others, it was high drama to say the least with Sen. Miriam Defensor Santiago making mincemeat out of former PNP chief Allan Purisima. Santiago said Purisima and President Aquino should take responsibility for the death of the 44 cops. It was pathetic seeing Purisima reddening and squirming.

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Meanwhile, Presidential Adviser on the Peace Process TeresitaQuintos Deles on Tuesday said the Philippine government has a  clear, existing policy that peace negotiations will only be done with legitimate revolutionaries and not with terrorist groups or their associates.‎

Deles made the statement during the second day of the Senate hearingsDuring the said hearing, Sen. Alan Peter Cayetano ‎criticized the government for engaging in peace talks with the Moro Islamic Liberation Front (MILF), which he claimed to have ties with international terrorist organizations.

“The policy decision of government to negotiate with the MILF since 2003 was always accompanied by

dependable, rigorous Philippine intelligence,” Deles said.

The peace adviser said the peace process is part of the government's national security policy. The decision on whether or not to pursue peace talks with the MILF or any other non-state actor is largely determined by the continuing assessment and recommendation of the Cabinet Security Cluster, in which the Office of the Presidential Adviser on the Peace Process, like the Department of Interior and Local Government, Department of National Defense or Department of Justice, is a member, in line with our National Security Policy.

According to Deles, before "peace talks [with the MILF] resumed in 2003, this was a very explicit demand --the [MILF's] disavowal of terrorism" adding that this "was monitored by the Philippine government, by our intelligence as well as the international community."‎

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During the hearing, Cayetano made a presentation and accused the MILF of coddling some terrorist personalities.

According to Deles, since 2003, the MILF has been closely monitored by the government’s intelligence forces and “there is no evidence of institutional links between MILF and terrorist groups.”

With regard to Cayetano's allegation that the MILF coddled terrorist Zulkifli Bin Hir alias Marwan, Deles cautioned against jumping to conclusions while investigations are still ongoing.

“With regard to the actual situation between where Marwan was found and the MILF, I think that is subject for investigation,” she said.

Deles assured the Senate that the government will not engage nor will it continue a peace process with a group that has terrorist links. ‎“Certainly this will not be allowed," Deles said, adding that "every time terrorist acts may have been seen as possibly being associated with them [MILF], certainly that has always been raised." At the same time, the peace adviser emphasized that "the continuation of peace talks with the MILF has always been fully coordinated with our intelligence units."

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Deles said sincerity was continuously being demonstrated by the MILF to the peace process.

"The reality is also is that we have come to this point of a comprehensive agreement where the MILF agreed to go through a legal, legislative process fully understanding what that means," she said. ‎‎

“And I think you will see the statements that have been made by the MILF of their full respect on the power of Congress in this legislative prerogative," Deles added, saying the transformation of the armed group into productive, civilian lives was ongoing. 

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"There would be a transformation and all of those actions are happening now. And that includes the decommissioning being put into place where there are targeted actions that you would see within the next month, as well as the preparation of the MILF to fully transform which will include the building of a political party,” the peace adviser expressed.

At the same time, Deles said that the MILF ceasefire mechanism has been instrumental in the conduct of law enforcement operations.

She urged the senators to verify with the Coordinating Committee on the Cessation of Hostilities (CCCH) and the Ad Hoc Joint Action Group (AHJAG) on cases where the MILF helped in the ceasefire and/or interdiction of criminal groups in areas with MILF presence.

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The CCCH and AHJAG are mechanisms established due to the ceasefire accord between the government and MILF and vital to its implementation.  

Deles expressed hope that the trust and confidence between the government and MILF will not be diminished due to the Mamasapano incident.

“The ceasefire has been holding. No single skirmish in the last three years because of the ceasefire mechanisms. Compare that with what has happened in the past, even in the attacks that were made in 2000 where bodies could not be extricated, the whole story, the documentation could not be done for days. And now, in 24 hours, you have the statistics on the ground and you have the MILF now saying yes they are coming to the Senate hearing,” she said.

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If there were kinks in the explanation of Deles, let us hear it from Sen.Chiz Escudero who said he was puzzled why it took the MILF about six to seven hours to order its combatants to stop firing at the elite police force despite having knowledge that these were government troopers.

 Escudero raised this observation at the Senate hearing conducted later by the Committee on Public Order and Dangerous Drugs with the Committees on Peace, Unification and Reconciliation, and the Committee on Finance, to shed light on the circumstances surrounding the Jan. 25 Mamasapano clash.

During the Senate investigation, Rashid Ladiasan, head secretariat of the MILF’s Committee on the Cessation of Hostilities (CCCH), said that they received the information about the clashes between 6 a.m. and 6:30 a.m. Reports, however, showed that MILF fighters stopped firing past noon that day.

 At this point, Escudero asked: “Why did it take six to seven hours before the MILF instructed their men to stop firing? They only stopped when everyone was dead.”

 “We have an ongoing peace talks, and the Moro Islamic Liberation Front already knew that the troops they were firing at were from the government. Why didn’t they stop firing?” Escudero pointed out.

According to Ladiasan, lack of coordination and communication constrained the MILF from immediately carrying out a ceasefire.

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The senator also asked Justice Secretary Leila De Lima if the peace agreement would affect the course of seeking justice for the slain SAF troopers and hold MILF fighters responsible for the deaths of “Fallen 44” accountable, in accordance with the law.

“Ma’am, just to clarify, correct me if I’m wrong, as a lawyer and secretary of justice, a peace agreement does not and will not change our criminal laws? The peace agreement does not grant amnesty?” Escudero asked.

 De Lima replied: “The fact that there is a peace agreement does not affect the power of the state to enforce its laws.”

 Escudero also recalled the incident in 2011 when 19 soldiers were killed by the MILF during clashes in Al-Barka in Basilan – an incident that he insisted should be raised in the peace talks between the government and MILF negotiators to ensure accountability.

 Whatever outcome of the Senate hearing and investigations on the incident which had polarized the nation, expect the Bangsamoro Peace Agreement to face rough sailing.