Capulong said that the DoJ should strike a balance between upholding the rule of law and performing “in an impartial manner” its duty of conducting preliminary investigation of crimes filed before the department. But the way Gonzales has been interfering in many cases, he said, it obviously shows that he is acting in behalf of the Arroyo administration.

More difficult times

As cases of political killings and forced disappearances mount, numbering 725 and 179 respectively, according to the records of the human rights group Karapatan, so do the work of human rights lawyers.

Enforced disappearances are more difficult to handle, said Jose Manuel Diokno, human rights lawyer and chairperson of the Free Legal Assistance Group (FLAG), an organization of human rights lawyers formed by his father, the late Senator Jose W. Diokno. FLAG has about 150 members nationwide.

Diokno said, “Mas mahirap pa nga para sa aming mga abogado ang kaso ng disappearances dahil paano mapapatunayan diyan na pulis o militar ang kumuha?” (For us lawyers, it is more difficult to handle cases of disappearances because it is difficult to prove that the military and police were involved.)

The courts, he said, are not receptive to entertaining such cases. “Sasabihin nila wala namang ebidensya na militar ang kumuha diyan, wala kaming magagawa,” (The courts would say that there is no evidence pointing to the military as perpetrators so we could not do anything.) he said.

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