Of the 196 accused of perpetrating the massacre, one has been acquitted, and only 79 have been apprehended by the authorities. An overwhelming number of those indicted for the massacre continue to be at large, including no less than 21 members of the Ampatuan clan. Of those in custody, only 51 have been arraigned. Neither Andal Ampatuan Sr, the patriarch, nor Zaldy Ampatuan, former governor of the Autonomous Region for Muslim Mindanao, have been arraigned because they still have pending petitions in the Court of Appeals questioning the existence of probable cause against them. Meanwhile, at least three witnesses, including self-confessed gunman Suwaid Upham, have been killed and silenced. Many other witnesses, and their immediate families, are on the run fearing that their testimonies may endanger their own lives and those of their loved ones.

There is good news though. To begin with, at least five members of the Ampatuan family, including the patriarch and his two sons, are at least in jail while the trial drags on. “There is at least consolation in the fact that although they have not been found guilty, the Ampatuans are already paying for their sins in jail”, said Myrna Reblando, whose husband, Alejandro or “Bong”, was the only full time employee of a national daily newspaper, The Manila Bulletin, killed in the massacre. There too is the fact that according to witness Rainier Ebus, it was Andal “Unsay” Jr, his cousin Datu Kanor, who is still at large, and several other gunmen, the majority of whom are members of the Ampatuan’s private army, who shot and killed all 58 victims at close range using high-powered firearms. His testimony corroborated to the letter the narration of Upham, the witness who was killed. “Somehow, this truth about who actually killed my son aggravates the pain”, said Catherine Nunez, mother of UNTV cameraman Victor Nunez, who was killed in the massacre.

There have also been at least two witnesses who positively identified the patriarch, the former ARRM Governor and other members of the Ampatuan family as taking part in the planning of the massacre. Witness Lakmudin Saliao, a former household helper of the Ampatuans, testified that he was present in at least two meetings where the clan agreed that their own relative, Ismael “Toto” Mangundadatu, should not be allowed to challenge their rein in Maguindanao. According to the witness, the decision was unanimous: kill “Toto” and whoever would be with him when he files his certificate of candidacy. At one point, the patriarch was quoted by this witness as having ordered his son “Unsay” to spare the journalists and women who were part of the convoy. But the same witness related how the old men also relented after being told by his son that the survivors may give evidence if their lives were spared.

More importantly, the witnesses presented thus far have testified to attempts to cover up this massacre in addition to the earlier attempt to bury all of its victims and their vehicles. The former servant testified how immediately after the carnage, the patriarch authorised the release of 400m pesos (roughly USD 10m) to pay off prosecutors, investigators and witnesses whom they wanted to retract their earlier testimonies. Worse, the witness also testified how no lesser figure than a cabinet member of the former Arroyo regime, Jesus Dureza — ironically was a former journalist himself —was ordered to be given at least 20m pesos (US500,000) albeit for unclear reasons. This is the same Jesus Dureza to whom the Ampatuan clan surrendered custody of “Unsay” Ampatuan, after allegedly agreeing that former President Gloria Macapagal-Arroyo would ultimately exercise custody over the patriarch’s heir-apparent. Until Arroyo was defeated by Benigno Aquino III in May’s presidential election, this move bolstered the victim’s families fears that they would not find justice while Arroyo was in power given the Ampatuan’s very close personal and political ties with the former president.

Meanwhile, the families of the victims continue to grapple with both the emotional pain and financial pressures brought about by the loss of their loved ones, many of whom were the sole breadwinners of their families. While the Philippine government has given each of the victims at least USD 6,000 by way of financial assistance, this could hardly compensate them for both the economic loss and the emotional pain created by the massacre. “I have to be strong for the sake of my child. I have to invest the little financial assistance I have received to raise my son”, declared Arlene Umpad, live-in partner of McDelbert Arriola, a camera man for UNTV, who was amongst those killed. Arlene has invested part of the money she has received to raise cows in the Province of Quezon where she and her child relocated for security reasons. Arlene, apart from tending to her cows, now also has to raise her child alone. Her son was merely three-months-old when the massacre happened. Her deceased partner was the youngest victim of the massacre.

Many families of the victims of the Ampatuan massacre have opted not to attend the commemoration of the tragedy at the scene of the massacre. “I will be busy tending to the grave of my husband”, said Zenaida Duhay. Another widow, Noemi Parcon, expressed apprehension about the very safety of the commemoration itself since days before, a bomb exploded in the national highway leading to the massacre site. Noemi added: “what is more important is for government to hasten the prosecution so we can obtain justice soon”.

As the Philippines and world commemorate the worst attack on journalists in modern history, the families of the victims will light candles in the tombs of their loved ones. A candle, in the Philippines, is a symbol of remembrance. But to some, it is also a message: that while the flame is burning, the memories of those who have moved on will not be forgotten. And with this comes the prayer that soon there will be justice.

Professor Harry L Roque, Jr is list counsel, International Criminal Court; executive council, International Criminal Bar; chair, Center for International Law. He represents 14 victims of the Maguindanao massacre in domestic and international litigation

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It was in this context that on April 19 the acting secretary of justice dismissed 57 murder charges against two members of the Ampatuan family: Governor Zaldy Ampatuan of the autonomous region in Muslim Mindanao and town mayor Akmad Ampatuan. Prior to his latest order, a 10-man prosecuting panel established the existence of probable cause against 197 persons, including the two absolved Ampatuans. Originally, only vice-mayor Andal “Unsay” Ampatua Jr was charged for the crime. The decision to charge 196 additional persons is problematic since many of them were charged on the basis of conspiracy. Convicting all would be difficult given that witnesses have stated that not all of the accused were at the scene of the crime or the place where the massacre was planned. Addressing the legal basis for the dismissal against the two Ampatuans, the acting justice secretary concluded that the two had “strong evidence of alibi”, ignoring the fact that jurisprudence views an alibi as the weakest defence and could not prevail against the testimony of a witness that both men were involved in planning the massacre.

The dismissal was brazen. Many victims had been cynical about the sincerity of the Arroyo government to convict a family that delivered crucial votes in the 2004 presidential elections, a feat repeated in the 2007 senatorial elections where all 12 opposition candidates for the senate also got zero votes in the Ampatuan bailiwick of Maguindanao. Still, the victims families hoped that the barbarity of the act, coupled with the international clamour to prosecute this brutal crime, would at least compel Arroyo to conduct an extended charade of sorts before absolving them. The victims never imagined that partial absolution would come so soon as it did: merely five months after the massacre.

It still seems unlikely that the justice secretary will reverse his decision. Soon the public prosecutors will file a motion to implement their bosses’ decision in the court where the multiple murder charges are pending which we, the private prosecutors will surely oppose.

Normally, private prosecutors appear only under the direct control and supervision of the public prosecutors, as it is the state that is the offended party in a criminal case. This potential conflict between the private and the public prosecutors — coming at a time when the public prosecutors themselves have declared publicly that their boss was wrong — is unusual. The public and the private prosecutors normally belong to the same team.

But this conflict, resulting in the “privatisation” of the state obligation to prosecute those who violated the victims’ right to life, is the latest in a series of privatisations of state obligations. This process started when the 197 suspects — all of whom are state organs: policemen, soldiers, members of civilian militia forces, and elected public officials — were investigated for their possible involvement in the crime. With law enforcers charged with the commission rather than investigating the commission of a crime, the investigation of had to be privatised.

Here, the international media community acted fast, sending two leading forensic experts: Dr Jose Pablo Baraybar of the UN Tribunal for the former Yugoslavia and Cris Cobb-Smith, who has extensive experience as field investigator of mass murders in the Balkans and in the Middle East. Likewise, with all the accused being state organs, witnesses, including one who admitted to being one of the triggerman and who witnessed the massacre from beginning to end, have had to seek refuge in a private sanctuary rather than the government’s witness protection program. Truly, this process of privatising now even the prosecution of the case attests to a complete abrogation of the state obligation to investigate and prosecute at least 57 murders, thanks to the fact that all the suspected perpetrators are public officials.

This latest decision to absolve two of the Ampatuans on weak legal grounds has at least removed the last iota of doubt that the victims cannot expect justice from the current administration. With elections to be held on May 10, 2010, they are optimistic that change is coming and with it, new hopes for achieving justice to the victims of the worst massacre of journalists in history.

Professor Harry L Roque, Jr is list counsel, International Criminal Court; executive council, International Criminal Bar; chair, Center for International Law. He represents 14 victims of the Maguindanao massacre in domestic and international litigation

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A list pieced together by CenterLaw from interviews with victims’ families and information provided by local journalists’ associations show that 27 journalists were among those confirmed dead or declared missing. Ten of the journalists came from General Santos City; another ten from Koronadal City; four from Tacurong City; two from Davao City, and one from Cotabato City. Other news reports however say up to 37 journalists were in the convoy.

Below is the list compiled by the Center, which also showed, with the exception of two cases, the journalists’ news organisation:

1. Ian Subang, Socsargen Today, General Santos City

2. Lea Dalmacio, Socsargen News, General Santos City

3. Gina De la Cruz, Saksi News, General Santos City

4. Maritess Cablitas, News Focus, General Santos City

5. Rosell Morales, News Focus, General Santos City

6. Henry Araneta, Radio DZRH, General Santos City

7. Neneng Montaño, Saksi News, General Santos City

8. Alejandro “Bong” Reblando, Manila Bulletin, General Santos City

9. Victor Nuñez, UNTV, General Santos City

10. Mark Gilbert “Mac-Mac” Arriola, General Santos City

11. Bal Cachuela, Punto News, Koronadal City

12. Ernesto “Bart” Maravilla, Bombo Radyo, Koronadal City

13. Ronie Perante, Gold Star Daily correspondent, Koronadal City

14. Joel Parcon, Prontiera News, Koronadal City

15. Jun Legarte, Prontiera News, Koronadal City

16. Rey Merisco, Periodico Ini, Koronadal City

17. John Caniban, Periodico Ini, Koronadal City

18. Arturo Betia, Periodico Ini, Koronadal City

19. Noel Decena, Periodico Ini, Koronadal City

20. Rani Razon, Periodico Ini, Koronadal City

21. Jhoy Duhay, Gold Star Daily, Tacurong City

22. Andy Teodoro, Central Mindanao Inquirer, Tacurong City

23. Jimmy Cabilo, Midland Review, Tacurong City

24. Reynaldo “Bebot” Momay, Midland Review, Tacurong City

25. Napoleon Salaysay, Mindanao Gazette, Cotabato City

26. Jun Gatchalian, Davao City

27. Lindo Lupogan, Davao City

Of the 27, two men –— Momay and Lupogan –— remain missing, according to interviews with members of their families. So far, CenterLaw has been able to speak with the families of 12 of the slain journalists on the issue of legal assistance. Two local journalists’ associations have also pledged to assist CenterLaw reach out to more families.

A periodical ‘s entire staff wiped out
“I did not know my whole staff had gone to join that fateful trip,” said Freddie E. Solinap, the 40-year old editor and publisher of Periodico Ini, which is published in Hiligaynon, a Visayan language spoken by a good majority of Koronadal City’s 160,000 residents.

On Monday, some 100 gunmen linked to Maguindanao Governor Andal Ampatuan allegedly abducted in broad daylight a convoy of aides and relatives of a rival politician, Esmael “Toto” Mangudadatu, and a group of journalists, as they were travelling in a six-vehicle group headed for the local Commission on Elections office to formally file Mangudadatu’s certificate of candidacy for the post now occupied by Ampatuan.

Hours later, news broke out that the convoy had been massacred –— what has been reported as the single deadliest attack on journalists in modern history. Solinap and his wife Normalita, 38, founded the weekly Periodico Ini after years of working as a sales manager for another weekly. The enormity of the situation was brought home to the couple after they took stock of what the carnage cost the paper and their loyal readers: John Caniban, Bureau Chief in the nearby town of Sultan Kudarat, Marketing Manager Arturo Betia, Circulation Manager Noel Decena who is also a reporter, Sales Manager Rani Razon and columnist Rey Merisco. Many of the slain journalists worked in small community papers and depended largely on paid legal notices, with some of them putting out no more than 50 copies of their publications week after week.

According to news reports, the gunmen fired at the victims at point blank range, with some of them trussed up, tortured or mutilated. The suspects later dumped or buried their victims in mass graves scattered over a small area in a town named after the incumbent governor. Mangudadatu was quoted in news reports as saying that the body of his murdered wife had been mutilated; a sister and an aunt who joined his wife in the convoy were both pregnant. “My wife’s private parts were slashed four times, after which they fired a bullet into it,” he told journalists in an interview. “They speared both of her eyes, shot both her breasts, cut off her feet, fired into her mouth. I could not begin to describe the manner by which they treated her.”

Haphazard evidence handling
The chief worry now concerns the subsequent investigation. Official autopsies on the recovered victims’ remains have been painstakingly slow and an acute lack of sophisticated forensic equipment and facilities, made worse by investigators’ haphazard handling of the crime scene, has made preserving essential evidence doubly difficult.

Officials of the National Union of Journalists of the Philippines (NUJP) who visited the crime scene were appalled to witness police Scene of the Crime Operatives (SOCO), assisted by government troops, use a mechanical digger to dig up the remains of victims allegedly buried by their killers in a newly-discovered grave in Barangay Salman, Ampatuan town. They arrived just in time to see the machine’s claw unearth a woman’s bloodied and broken body.

It was subsequently reported that authorities pulled from the same mass grave the remains of DZRH’s Henry Araneta, and UNTV’s Victor Nuñez and Mark Gilbert “Mac-Mac” Arriola.

Racing against time: complaints and confusion
Families of the victims, frustrated by the haphazard response of the government, confronted Jesus Dureza, the Special Envoy sent by Philippine President Arroyo, at the Casa Romana Hotel with questions regarding the time it has taken to perform autopsies on the victims and established causes of death.

“Why is it taking them so long to conduct an autopsy on the remains of our loved ones?”, said Elliver M Cablitas, whose wife Maritess, a reporter connected with the News Focus newspaper based in General Santos City, died in the massacre. Five government doctors –— three from the National Bureau of Investigation and two from the Philippine National Police Crime Laboratory Service –— had been working round-the-clock to conduct autopsies on the remains recovered thus far. As of 24 November,, they had completed work on only 10 of the bodies brought in from the crime scene 45 kilometers away in Ampatuan town. Cablitas stated that he believed his wife’s remains would have long decomposed before the government doctors were able to perform an autopsy.

The lack of refrigeration facilities to keep the remains from decomposition is hindering the grim task of identifying the victims and preserving evidence, according to Dr Benito Molino, a veteran forensics investigator engaged by CenterLaw to assist authorities in investigative work. “We have to move faster,” said Molino, who has spent many years in human rights work as a medical expert for the Medical Action Group and the Asian Federation Against Involuntary Disappearance (AFAD). “The government has not fielded enough medico-legal officers to perform the autopsies.”

Human remains recovered from the crime scene were taken to four funeral homes in the city –— Allen Memorial Homes, Zubiri Funeral Homes, Southern Funeral Homes and Saint Peter Funeral Homes. But Dr. Molino said he visited the morgues of Allen Memorial Homes and Southern Funeral Homes and on the basis of what he saw there, concluded that they were not adequately equipped to handle the kind of emergency presented by the Ampatuan massacre.

“I pity the government doctors who had to carry out this gruesome task,” he said. “They have so much work with so little.” He said as often happens in the Philippines, government investigative agencies do not have adequate facilities to preserve human remains recovered in crime investigations. The Ampatuan massacre is no exception. “They could have at least used lime to slow down the process of decomposition but I did not see any indication that they did that,” said Dr. Molino. The authorities could have also run comprehensive X-rays on the recovered remains to assist investigators in locating bullet fragments as well as establishing bullet trajectories, considering that many of the victims were noted to have sustained extensive bullet wounds.

But this very simple procedure will certainly have proven to be prohibitive for often cash-strapped government investigative agencies to perform, he said. Dr Molino said he found it incredulous that no one from the police immediately informed the families of victims to bring items that would help them identify their loved ones’ remains, such as photographs and dental and medical records. In fact, until yesterday, many of them remained clueless about the proper procedure to follow. Some had the good fortune of being able to identify loved ones through the clothes, ring or shoes they wore to their deaths. Others looked for well-known physical marks on their loved ones’ bodies — such as moles on their faces –— to identify them. But this would have been difficult, if not impossible to do, in cases where the remains have already reached an advanced stage of decomposition. In many instances after identifying the remains of their loved ones at the crime scene, families could not trace to which morgue or funeral home the victims’ remains were taken, thus adding to the confusion.

It was certainly a common complaint at the dialogue with the victims’ families organised by Dureza, an Assistant Press Secretary, and local social welfare officials struggled to cope with the litany of complaints. Dureza acknowledged the families’s complaints and noted that at the Zubiri funeral homes for example, four of the 14 bodies brought there by recovery teams have yet to be identified. Through the local social welfare office, Dureza authorized the release of 10,000 pesos (P46.9 to USD 1) worth of financial assistance to the victims. He also gave assurances that the national government would shoulder other funeral costs.

CenterLaw later raised the concerns about the haphazard way in which vital evidence was being handled with State Prosecutor Leo Dacera and Kidapawan City Prosecutor Al Calica, both of whom, according to reports, had just been authorised by the justice department to prepare the case against the suspects.The government prosecutors have stated that they welcome assistance from lawyers’ groups in the investigation and prosecution of the case. CenterLaw is now looking to lease a refrigerated van to store the recovered human remains from Ampatuan town and a suitable space with a generous supply of water where autopsies may be conducted.

Shock, disbelief, anger
Reaction among the local community of journalists was a mixture of shock, disbelief and anger. “This is just too much,” said Joseph Jubelag, the Manila Standard Today correspondent based in General Santos City. He narrowly missed the deadly convoy after a hotel incident gave him and colleague Aquiles Zoño of the Philippine Daily Inquirer second thoughts and convinced them to stay at home.

Jubelag, whose family runs a small printing press, had been tasked by colleagues to oversee the repatriation of the remains of General Santos City-based journalists killed in the Ampatuan massacre back to their home city. “Many of us feel like we have lost our very own,” he said. “Our problem is that no autopsy has been done yet on our colleague’s remains so that we cannot yet bring them home.”

He also expressed his anger at the government’s continuing failure to put a stop to the impunity that has targeted journalists in the Philippines. “When will this stop?” he asked. Around 200 people attended a candlelit rally at the city rotunda early yesterday evening, which was punctuated by messages of solidarity from local officials, church leaders, and various journalists’ organisations. At the protests, many voiced fears of a whitewash in the investigations, noting the close historical collaboration between the Ampatuans and the Arroyos.

But for Freddie E Solinap, editor and publisher of the weekly Periodico Ini, no massacre can dissuade him from pursuing his vision of journalism. “I remain undaunted,” he said, adding that he and his wife continue to encourage their three children to seriously consider taking up journalism as a profession and continuing the family heritage.

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