The lack of a categorical denial on the part of Gen. Palparan in respect of whether the units under his command have special teams not properly identified [and] in bonnets or masks operating in the middle of the night is, as a matter of law, an admission of the existence of such special teams[84]. Obviously, such special teams operating in the middle of the night wearing masks or in bonnets have only one sinister and devious purpose or objective: the extrajudicial elimination of the enemies of whoever formed these teams.
Moreover, it is not disputed that the number of killings rose in the areas where Gen. Palparan was assigned. Gen. Palparan explained that this was due to increased number of operations against the NPA, thus resulting in more encounters and deaths. However, the figures for the increase in number of civilian activists killed outside of encounters was not explained. In any case, all other authorities admit that there was indeed a rise in the killings of unarmed activists and media personnel.
However, due to the lack of cooperation from the activist groups, not enough evidence was presented before the Commission to allow it to pinpoint and eventually to recommend prosecution of the persons ultimately responsible for the killings. There is no definite or identifiable person, entity or interest behind the killings. There is likewise no definitive account of the actual number of activist killings. Even Karapatan and Amnesty International have wildly differing figures.
The circumstantial evidence presented before the Commission and the inferences it draws therefrom are probably grossly inadequate to support a criminal conviction, considering the requirement that conviction before a court requires proof beyond reasonable doubt. However, the Commission is not a court of law bridled with the strict rules on admissibility and weight of evidence. Thus, it can proceed with a certain degree of certitude in stating that, in all probability, some elements in the military, among whom is suspected to be General Palparan, are responsible for the recent killings of activists. In any case, further in-depth investigation into the numerous killings, including extensive evidence gathering, is necessary for the successful prosecution of those directly responsible. In this, the testimony of witnesses and the presentation of evidence from the victims and their families and colleagues would be indispensable.
Extrajudicial Killings, Melo Commission Report on Extrajudicial Killings
