FILE PHOTO: MILF Chief Negotiator Mohagher Iqbal (UNTV News)
MANILA, Philippines — MILF Chief Negotiator Mohagher Iqbal may not be charged in court while the peace talks between the government and the Moro Islamic Liberation Front is ongoing.
His immunity from prosecution arises from the agreement on safety and security guarantees signed between the government and the MILF in March 2000.
Under the agreement, MILF negotiators and other MILF members directly and principally involved in the peace talks shall not be arrested and prosecuted.
This is why Department of Justice Secretary Leila de Lima believes that for now, Iqbal could not be charged even assuming that his use of a pseudonym is against the law.
“When the peace process is ongoing and alive just like now, it is necessarily included in the confidence-building measure, that they be assured they will not be arrested or charged…if they will be charged for such violations, do you think they still be able to effectively do their part in the negotiation process?”
De Lima however, clarified that this doesn’t mean Iqbal will not be prosecuted because should the peace process fail and should the MILF resume hostilities against the government nothing will bar the government from prosecuting them and bringing them to justice.
“My reading of the guarantees is that it could be covered. So effectively, we need to suspend in the meantime the institution of legal actions on that… let us defer that in the meantime, we will see later if that could be an issue in the possible transitional agreements and possible amnesty later which will be discussed if the process succeeded, if the BBL is passed and the Bangsamoro entity is ultimately created.”
The Mamasapano incident though is a separate case.
In the report submitted by the DOJ-NBI special panel, 90 suspects are recommended for prosecution for the death of SAF Commandos in Mamasapano, Maguindanao.
Some of the suspects are MILF members.
“These are crimes. Therefore they should be covered by our criminal justice system. It is clear to me that even in the course of peace negotiations, the power of the state to go after violators of criminal laws is not suspended especially if the violations are not political acts. These are crimes and there were people killed.”
De lima also said the agreements signed by Iqbal using his pseudonym is valid because his personality and status as an MILF negotiator was never questioned.
She added that the government has ascertained the identities of Iqbal and other MILF officials even before the peace talks with the rebel group was initiated. (JOYCE BALANCIO / UNTV News)