DFA clears US of any liability in botched raid

In this March 8, 2015, file photo, family and supporters march as they hold some of the pictures of the 44 police commandos killed during the Jan. 25 operation against Southeast Asia’s top terrorist suspect Malaysian Zulkifli bin Hir, also known as Marwan, as they join a “Sympathy Walk” in Quezon City. The Department of Foreign Affairs has absolved the United States of any violations of agreements with the Philippines involving the counterterrorism operation in Mamasapano, Maguindanao province, despite a Senate finding that the mission was “not 100-percent Filipino-planned and -implemented.” AP PHOTO/AARON FAVILA

MANILA, Philippines–The Department of Foreign Affairs (DFA) has absolved the United States of any violations of agreements with the Philippines involving the Jan. 25 Special Action Force (SAF) counterterrorism operation in Mamasapano, Maguindanao province, despite a Senate finding that the mission was “not 100-percent Filipino planned and implemented.”

The DFA likewise saw no need to further clarify provisions in the cooperation agreements between the Philippines and the United States pertaining to counterterrorism operations in the country.

“[T]he terms of our cooperation with the US with regards to counterterrorism is very clear. They are defined in the framework provided by the VFA (Visiting Forces Agreement),” DFA spokesman Charles Jose told reporters on Thursday.

Jose was commenting on the finding of the Senate Mamasapano investigation that contrary to the DFA’s submission, the United States was involved in “Oplan Exodus,” the SAF mission to take down terrorists Zulkifli bin Hir, alias “Marwan,” Basit Usman and Amin Baco.

“The testimonies of various resource persons, particularly during the executive hearings, provide indications that the US had significant participation in Oplan Exodus,” the Senate’s Mamasapano report released on Tuesday said.

US monitors

The report said the sacked SAF commander, Director Getulio Napeñas, brought in three Americans to the Army brigade headquarters in Shariff Aguak, Maguindanao, to monitor the progress of the mission.

“A helicopter arrived and three more Americans came into the HQ and joined Napeñas at his work table. One of the Americans, identified by Napeñas as Mr. Al Katz, supposedly handled the training of the Seaborne,” the report said, referring to the SAF 84th Company that served as the strike force for the mission.

The report said one of the Americans ordered Maj. Gen. Edmundo Pangilinan to deliver artillery fire.

“However, Pangilinan refused and told him, ‘Do not dictate to me what to do. I am the commander here!’” the report said.

The Americans likewise provided surveillance in the area through their Intelligence Surveillance Reconnaissance (ISR) and TV monitors.

The Senate recommended that the DFA and the VFA Commission “clarify and address issues regarding US role and involvement in domestic counterterrorism and internal security that surfaced in our legislative inquiry into the Mamasapano incident.”

But Jose said the DFA had reported everything it knew to the investigative bodies.

“The [Philippine National Police] board of inquiry found no armed US troops engaged in combat in the area of operations,” Jose said.

Jose noted that under existing agreements between the Philippines and the United States, US forces may serve in an advisory and assistance capacities, including providing information, equipment, training and casualty evacuation.

“Under the same arrangements the only constitutional restriction is that the US forces may not engage in combat operations,” he said.

Jose explained that the types and extent of US activities in connection with the SAF operation in Mamapasano, which were indicated in the report of the PNP board of inquiry, fell within the ambit of the Philippine-US Mutual Defense Board, Security Engagement Board and the VFA.

“We can conclude from these findings that US involvement in this operation did not violate any agreement or law,” Jose said.

Constitution violated

But outgoing Akbayan Rep. Walden Bello believes President Aquino violated the Constitution by allowing the mission to get the three terrorists for the United States.

Bello said the President compromised national interest when he gave the go-signal for the mission to get Marwan, Usman and Baco.

“The operation benefited foreign interests, there were departures from norms and procedures established in agreements with certain foreign powers,” Bello said in a text message to reporters.

The PNP board of inquiry report stated that the US involvement in the mission was limited to intelligence sharing and medical evacuation.

But the Senate report said the United States provided behind-the-scenes intelligence, equipment, surveillance and training to the police commandos with at least six of them deployed to monitor the operations in real-time together with Filipino authorities.

The Senate claimed the US troops were more than mere observers although their involvement was limited to intelligence sharing and medical evacuation.

Criminal charges

Aside from constitutional transgressions, Bello said the President also could face criminal charges for negligence.

“He did not take sufficient action to save the SAF commandos while there existed the possibility of saving them. I think the Senate report suggests that this window of opportunity was there,” he said.

He said the President’s failure to activate the protocols for territorial access to areas covered under the ceasefire agreement with the Moro Islamic Liberation Front “exposed the SAF troopers to great, avoidable and unnecessary risk.”