THE international watchdog Human Rights Watch condemned the communist New People’s Army for violating international humanitarian law when it executed Loreto, Agusan del Sur Mayor Dario Otaza and his son Daryl last Oct. 19.
“Throughout its four-decade insurgency, the rebel group has frequently executed people found ‘guilty’ by its so-called people’s courts, which do not meet basic fair trial standards,” HRW said in a statement.
“The killing of the Otazas—like other NPA executions—is just plain murder,” said Phil Robertson, deputy Asia director at Human Rights Watch. “The NPA’s actions and claims of revolutionary justice handed down by people’s courts are flagrant violations of international law.”
The NPA accused the Otazas of working for the Philippine military and masterminding the killing of at least three people. They also accused the victims of taking part in attacks on and the forced displacement of indigenous peoples in the province, torturing children, attempted murders, and arson, among other crimes.
As a party to an internal armed conflict, the NPA is obligated to abide by international humanitarian law, including Common Article 3 to the Geneva Conventions of 1949 and its Second Additional Protocol of 1977 (Protocol II), to which the Philippines is party.
International humanitarian law prohibits killing civilians, mistreating anyone in custody, and convicting anyone in proceedings that do not meet international fair trial standards.
Article 6 of Protocol II specifies that criminal courts must be independent and impartial, and the accused shall have “all necessary rights and means of defense,” among other guarantees.
Those tried by people’s courts are typically convicted in absentia, thus denied the right to be tried in one’s presence before an impartial court, HRW said.
Otaza, 53, and his 27-year-old Daryl were buried in Butuan City on Wednesday amid public expressions of grief and calls for justice.
The slain mayor was given a 21-gun salute by the Philippine National Police while a pair of Philippine Air Force Huey choppers flew overhead as he and his son were laid to rest in Uraya Memorial Gardens in Butuan City.
‘‘Sleep well my husband and son. Your deaths will not be in vain. Justice will soon be served,’’ Ligaya, wife of the slain mayor said.
Wilfredo Otaza, younger brother of the the slain mayor said it is up to the Philippine National Police and the Armed Forces of the Philippines to bring the killers to justice.
Mayor Otaza, a first termer, have already filed his Certificate of Candidacy when he was killed according to Wilfredo who said the slain official and his party is running unopposed in Loreto.
Wilfredo said their family will meet and decide who will replace his brother and run for mayor of Loreto, a river town in Agusan del Sur.
Maj. Gen. Oscar Lactao, commanding general of the Army’s Fourt Infantry Division, said the death of Otaza and his son will strengthened their resolve to end the communist insurgency in this part of the country.
gOtaza was a very valuable partner in our peace and development drive. He was a great peace advocate whose desire is only to help his fellow lumads, h Lactao said.
Lactao said Otaza was a member of the Manobo tribe and was a former NPA rebel before becoming an outspoken critic against the NPA rebels.
Col. Alexander Macario, commander of the Army 401st Brigade said the police have filed criminal murder with kidnapping cases against NPA leader Rene Catarata and 18 other john does for the death of Otaza and his son.
Macario said Catarata is the front secretary of NPS guerilla front 34 under the North Eastern Mindanao Regional Committee.