News update The military has denied involvement in the death of an interpreter among US soldiers
The military has denied involvement in the death of an interpreter among US soldiers in Mindanao and maintained it was a case of suicide, as the Court of Appeals (CA) commenced hearing the writs of amparo and habeas data filed by the victim’s family Thursday.
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Police and military officials who were named as respondents in the case stemming from the death of Gregan Cardeño inside a military camp in Marawi City issued statements through the Office of the Solicitor General, denying the family’s allegations that there was a cover-up of the true cause of the victim’s death. The respondents also said they have not conducted surveillance nor issued threats against family members to discourage them from pursuing the case. The Supreme Court granted on June 15 extra protection and information access to Cardeño’s family. This followed allegations of foul play and subsequent attempts by involved officials to derail investigation by not preserving evidence and denying the family access to the military camp and to pertinent documents.
Cardeño was employed as an interpreter for US soldiers based in Camp Ranao in Marawi City, but was alleged to have committed suicide on February 3, or just two days after he was deployed there. The family, however, suspects there was foul play based on previous conversations with Cardeño and the results of a re-autopsy of his body. (See: Family cries foul play in Pinoy's death among US troops) The respondents in the petition include former president and now Pampanga Rep. Gloria Macapagal-Arroyo, the Visiting Forces Agreement Commission, the Joint Special Operations Task Force Philippines, Wesmincom Commander Lt. Gen. Benjamin Dolorfino, Philippine National Police director general Jesus Verzosa, and 12 other officers of the local police and military, and of the US soldiers stationed at Camp Ranao in Marawi City. ‘No evidence of threats’
In their reply through Assistant Solicitor General Amparo Cabotaje-Tang, the police and military respondents asked the court to dismiss the petitions as the petitioners have failed to provide sufficient evidence that they indeed need extra protection owing to threats coming from the respondents. “Petitioners have not shown, as supported by documentary evidence, that respondents have violated or threatened to violate their life, liberty and security," Cabotaje-Tang said during the hearing. She likewise said that, as police records show, Cardeño died by hanging himself, adding the court is a not a “fact-finding committee" and allegations made by the family should hence be investigated by the police. CA Associate Justice Vicente Veloso, presiding over the court’s 17th Division, however, said the petitions were being heard by the court as the police officials involved are being accused of concealing the cause of Cardeño’s death. “What is suicide to the respondents may be a case of murder to the petitioners," Veloso added.
Rex Fernandez, a lawyer representing the victim’s family, also said there are conflicting autopsy results from authorities, with one indicating suicide while another said the cause of death was undetermined. Veloso thus ordered the petitioners to prepare a detailed account of their allegations pertaining to the death of Cardeño and the subsequent threats they received following the incident, to which the respondents are also expected to respond. Official’s murder linked to Cardeño’s death Meanwhile, Veloso questioned the inclusion in the writ for habeas data of an Army officer of the Western Mindanao Command (WESMINCOM), whose death the family believes is part of the cover-up attempt.
“It is specified in the rules that only relatives can file a writ of habeas data, and there is no qualification for the petitioners to file in behalf of (Major Javier) Ignacio," Veloso said. Ignacio was a commanding officer of the WESMINCOM’s Military Police and a close friend of the Cardeño family who has been assisting them in their own investigation.
He was shot dead on March 26 just hours after Cardeño’s body underwent re-autopsy. Fernandez said he will request that Ignacio’s death still be considered an issue in hearing the petitions, arguing that Javier’s death came after he allegedly received threats for helping the family. Veloso said they will issue another directive to respondents who were unable to appear during the proceedings or to respond to the writs.
The respondents who failed to respond include the US soldiers, the Joint Special Operations Task Force Philippines and Cardeño’s agency Skylink Security and General Services The next hearing is scheduled on July 29, where the court is expected to tackle, among other things, whether it has jurisdiction over the US soldiers, in light of the Visiting Forces Agreement which is often interpreted as barring local courts from prosecuting US military personnel.—JV
