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Saturday, November 23, 2024

Prevailing over fear

The landmark decision of Quezon City Judge Jocelyn Solis-Reyes in the Maguindanao massacre case was an important blow against impunity, but the 10-year legal battle to get to that point is far from over.

On Dec. 19, five members of the powerful Ampatuan clan were found guilty beyond reasonable doubt of the murder of 57 people, including 32 journalists and media workers, in the Nov. 23, 2009 massacre in Ampatuan town in Maguindanao, the worst case of election-related violence and the single biggest attack on journalists in the country’s history.

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Former Datu Unsay Mayor Andal Ampatuan Jr. and his brother, former Autonomous Region in Muslim Mindanao Gov. Zaldy Ampatuan, were convicted for 57 counts of murder. A 58th death, of photojournalist Reynaldo Momay, was not recognized by the court because his body was never found.

Judge Jocelyn Solis-Reyes

The two brothers and three other members of the clan were sentenced to 40 years in jail without parole, but it would be folly to believe that this is where the case ends.

Those found guilty may appeal the decision, a process that could add more years to the 10-year-old case.

Furthermore, the damages that the guilty were ordered to pay to the victims’ families, may be delayed as well until the Supreme Court upholds the verdict, which could take two years if the ruling is contested by the accused.

In this time, the accused may try to sell or transfer their real estate and other properties so that these cannot be used to settle the damages.

Then of course, there are 80 more suspects still at large, many of whom are said to be the triggermen who carried out the massacre. The fact that the authorities have been unable to find them in 10 years highlights law enforcement gaps that must be filled.

All these give credence to the assessment by the Philippine Center for Investigative Journalism that “we still have unfinished business.”

The government, the group noted, must consider the security concerns of the victims’ families since 80 other suspects are still at large. The government must also move to preserve the assets of those who were found guilty to make sure they can be used to settle the damages imposed by the court. Finally, journalists, too, have a duty to their fallen colleagues to remain vigilant in their coverage of the continuing story.

None of this, of course, takes away from the achievement of Judge Reyes, who in a decade of hearings considered the testimony of 357 witnesses and a case record that reached up to 238 volumes.

Her decision to accept the case when the judge originally assigned to it begged off for fear about his own safety speaks of her courage, sense of duty, and ultimately, her triumph over fear.

This is the fear that the powerful seek to sow on their political rivals, their constituents—and the press. But a free press must speak truth to power—and not be cowed into keeping silent when the stakes are so high.

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