Thread by @rosselle

Two years ago today, the Human Rights Victims’ Claims Board, established by RA 10368, became functus officio. The HRVCB was tasked to adjudicate Marcos-era claims. Out of 75k+ claims, 11k+ were approved for monetary reparations.

A thread on human rights law below.

1/n

That’s around a 14-15% rate for the quasi-judicial finding of human rights violations. Does this mean that simply, there were not a lot of HRVs during the Marcos era? I can say this as someone involved in the process at some point: a resounding NO.

2/n

While there were indeed dubious or fabricated claims, these were in a very small minority. And this is where I will segue to a more academic discussion to get to my point later: our legal regime appreciates HRVs still as common crimes.

3/n

This is an issue in scholarship & practice—the muddling between human rights law and criminal law. The HRVCB’s appreciation of evidence and HRVs was confined to the language of criminal law. E.g., arbitrary deprivation of life is still homicide or muder at the end of the day

4/n

How do you reconcile then, the lower quantum of evidence for a quasi-judicial proceeding (substantial evidence) with the proof needed for allegations of HRVs coded as common crimes (proof beyond reasonable doubt)?

5/n

This was exactly the dilemma faced by the HRVCB: how do you appreciate evidence when what’s being alleged is, in the end, a common crime? We can go on discussing this but here are some reflections I’ve had after my job there (my first job as a lawyer!)

6/n

1. We need specialized bodies with their own set of rules that deal with human rights violations. Not merely investigative, but adjudicative bodies.
2. Need greater conceptual clarity between HRVs and crimes. There is an intersection, but less fuzziness would help.

7/n

3. Reparations have to be broader. Prosecution and accountability are only the tip of the iceberg for the question of justice. To truly move forward, there has to be acknowledgement of past crimes and apologies. Memorialization as well.

8/n

As we now go through our own experience of large-scale violations, I emphasize a practical point: DOCUMENT EVERYTHING. Anything is future evidence. There are hard lessons to be learned from the HRVCB experience. It was, after all, the first of its kind in Philippine history.

9/9