Bring back raps vs generals, kin of Burgos ask

Jerome Aning | Philippine Daily Inquirer

MANILA, Philippines—The lawyers of the family of missing farmer-activist Jonas Burgos has asked the Department of Justice (DOJ) to reconsider its decision dismissing arbitrary detention charges against military intelligence chief Gen. Eduardo Año and another Philippine Army officer.

In a 20-page motion for reconsideration dated Sept. 23, a copy of which was provided the media on Friday, lawyers Edre Olalia and Ricardo Fernandez, on behalf of Jonas’ mother Edita Burgos also asked the DOJ to reinstate charges of obstruction of justice against retired Armed Forces of the Philippines chiefs of staff Hermogenes Esperon Jr. and Alexander Yano, retired Philippine National Police Director General Avelino Razon Jr. and former Philippine Army commanding general Romeo Tolentino.

Edita Burgos said there was enough circumstantial evidence to link Año, along with Col. Melquiades Feliciano and Maj. Harry Baliaga Jr., to her son’s abduction more than six years ago.

The lawyers said that all three military officers had knowledge of Jonas’ abduction because they were involved in the investigation of a soldier who had ties to communist leaders, one of whom was a certain Ramon whom the military believed was Jonas.

In a decision issued on Sept. 3, the DOJ recommended that only Baliaga be indicted for arbitrary detention. Feliciano and Año were exonerated due to lack of probable cause. No murder case was filed because the activist’s body has yet to be found.

A witness earlier identified Baliaga as one of the abductors of Jonas from a restaurant inside a mall in Quezon City on April 28, 2007.

Esperon, Yano, Tolentino and Razon were also cleared of covering up Jonas’ disappearance. However, Edita Burgos’ lawyers called for the reinstatement of the charges of obstruction of justice against the retired generals, noting that the Court of Appeals, in its decision of March 18, declared the AFP, the Army and the PNP accountable for the enforced disappearance.

As the heads of the military and police at the time of Jonas’ disappearance, the four generals were liable via the principle of command responsibility, the lawyers said.

Maj. Harry Baliaga and other military men implicated in Jonas Burgos’ abduction to face DOJ today

Press Release

June 8, 2012

Preliminary Investigation begins today

Maj. Harry Baliaga and other military men implicated in Jonas Burgos’ abduction to face DOJ today

“We hope that this case will proceed to trial given the rigorous and tedious process the Burgos family had patiently gone through.” Mary Guy Portajada, secretary general of Families of Desaparecidos for Justice said during the first hearing of the Preliminary Investigation of the Department of Justice (DOJ) to the case filed against Major Harry Baliaga.

Edita Burgos, mother of missing Jonas, together with other families of desaparecidos and human rights organizations held a picket protest in front of Department of Justice

Almost exactly a year ago, on June 9, 2011, Mrs. Edita Burgos, mother of missing farmer- activist Jonas Burgos, filed a criminal case of Arbitrary Detention against Baliaga, Lt. Col. Melquiades and Col. Eduardo Año while Gen. Hermogenes Esperon, Gen. Romeo Tolentino, Lt. Gen. Alexander Yano and Gen. Avelino Razon were charged with Obstruction of Apprehension and Prosecution of Criminal Offenders. These cases were filed when the Burgos family got hold of the Commission of Human Rights Investigative Report on the disappearance of Jonas, where Maj. Baliaga was positively identified by key witness Jeffrey Cabintoy, as one of the abductors.

“The prosecution panel of the DOJ should not waste any time in pursuing this case for the Burgos family has waited long enough for justice and for Jonas,” Portajada said. “The AFP has been covering up the truth about Jonas and all other desaparecidos.  Baliaga and other respondents should answer to the allegations and tell the truth.” Portajada continued.

Furthermore, the human rights group urged the rest of the Filipinos to join them in vigilance in monitoring the progress of the case. “We will not allow our efforts in pinning down these perpetrators be put to waste. We will see through this case until we achieve justice,” Portajada said.

While Malacañang Palace has been bragging about the rising approval ratings of the president on surveys, “Families of victims of human rights violations under the Gloria Arroyo regime will always give a negative rating to Pres. Noynoy Aquino as long as Mrs. Arroyo and his military minions are not convicted of their crimes against us and against the Filipino people,” Portajada ended. ###

Reference:
Mary Guy Portajada, Secretary General
Contact Number: 09175230396
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Preliminary Investigation of Jonas’ Case at DOJ

Repost from Jonas’ brother:

Today, May 28, 2012, the Department of Justice will start their Preliminary Investigation of the case filed last year by the Burgos family against Maj. Harry Baliaga Jr together with Lt. Col. Melquiades Feliciano, Col. Eduardo Ano and several John and Jane Does for the charges of kidnapping and Arbitrary Illega Detention. Retired Generals, namely Gen Hermogenes Esperon, Gen. Romeo Tolentino, Gen. Alexander Yano and Gen. Avelino Razon was also charged with obstruction of apprehension and prosecution of criminal offenders (obstruction of Justice). The picture below is the sketch of Maj. Baliaga Jr. drawn by my brother sonny at the hearing at the Court of Appeals last May 24.

Courtroom sketch of Maj. Harry Baliaga Jr. He was positively identified by a witness as one of the abductors of Jay(Jonas).