O 250919Z NOV 09 FM AMEMBASSY MANILA TO RUEHC/SECSTATE WASHDC IMMEDIATE 5905 C O N F I D E N T I A L SECTION 01 OF 03 MANILA 002465 SUBJECT: AMBASSADOR PRESSES GOVERNMENT

ON MASSACRE INVESTIGATION REF: MANILA 2448 Classified By: Ambassador Kristie A. Kenney, reason: 1.4 (b and d). -------SUMMARY -------1. (C) As the death toll in the brutal Maguindanao clan massacre rose to at least 46 -- including 13 journalists -the Ambassador underscored to Philippine Interior Secretary Ronaldo Puno grave USG concern over the barbaric attack and urged a rapid, thorough and credible investigation, as well as firm measures to avoid reprisals. Secretary Puno pledged to carry out a complete and transparent probe, and stated his prime goal was to ensure victims' families obtained justice through the judicial system, not through reprisals. He confided that three police officers had been detained for alleged involvement, and the province's top police officer had been relieved of

command. Speculation abounds that the politically powerful Ampatuan clan was responsible for the massacre, amid widespread calls from human rights and journalist groups for President Arroyo to ensure justice even if the investigation implicates senior members of the Ampatuan family, her close political allies. The Embassy posted a public statement condemning the massacre; text is at para 12. End Summary. ---------DEATH TOLL ---------2. (C) By midday November 25, the confirmed death toll in the Maguindanao massacre (reftel) rose to 46, including at least 13 journalists. Authorities were continuing to excavate corpses from grave sites that were dug with a backhoe found near the killings. Police sources told the Embassy that the death toll could reach 60, and some press accounts claimed that over 30 journalists had been in the convoy of Mangudadatu family members and supporters who were murdered as they went to file gubernatorial candidacy papers for a leading Mangudadatu clan member. Many of the dead had gunshot wounds to the head, and some of the men's hands were bound. Contrary to initial reports, RSO contacts (protect) have told us none of the corpses were beheaded, and investigators have found no signs of rape, as widely alleged in the media. -------------------------------------AMBASSADOR URGES RAPID, CREDIBLE PROBE -------------------------------------3. (C) In a November 25 call to Interior and Local

Government Secretary Ronaldo Puno, the country's top law enforcement official, the Ambassador stressed grave USG and international concern at the brutal killings, which were a fundamental violation of human rights. She urged a thorough, rapid, and transparent investigation into the killings. Puno, who was in the South to supervise the investigation, assured the Ambassador he was sensitive to our concerns and agreed on the need for a complete investigation; he said the government was gathering significant information and would be able to announce some progress soon. He confided that three Maguindanao police officials were already in custody, and that the province's top police official had been relieved of command. 4. (C) The Ambassador emphasized that quick, effective action was essential in preventing further clan warfare. It was critical that the government show it could deliver justice through formal mechanisms. Puno, who sounded somber, focused, and well aware of the international attention to this case, agreed and said he would work with the police and armed forces to ensure a secure environment in Maguindanao. The Ambassador subsequently made the same points by phone with Arroyo Cabinet Executive Secretary Eduardo Ermita. -------------------------FOCUS ON THE AMPATUAN CLAN -------------------------5. (C) Speculation was widespread that the killings could not have taken place without the assent if not participation of the Ampatuan clan, whose primacy in Maguindanao the Mangudadatus were challenging. Journalists and commentators have

focused on the close political ties between the Ampatuans and President Arroyo, with many observers expressing skepticism that the President will ensure justice in a case that could implicate her close allies. 6. (C) Philippine National Police (PNP) spokesman Chief Superintendent Leonardo Espina acknowledged publicly that initial reports claimed Datu Unsay Mayor Andal Ampatuan, Jr., had led the group that confronted the Mangudadatu convoy, while Armed Forces of the Philippines (AFP) spokesman LTC Romeo Brawner said that the suspects included "bodyguards of Ampatuan, local police aides and certain lawless elements." 7. (C) The PNP spokesman also said that assistant provincial police director Chief Inspector Zukarno Dicay was "under investigation and is under restriction." Dicay was "seen at the scene of the crime" along with some militia members, according to Espina. RSO contacts (protect) have told us that a total of three PNP officials were reportedly seen at the scene of the crime. The three, as well as Maguindanao provincial PNP chief Senior Superintendent Magit, whom investigators view as bearing command responsibility for his subordinates, have been relieved of duty in Cotabato City. 8. (C) Buluan Vice Mayor Ishmael Mangudadatu, whose wife and other family members died in the massacre, claimed publicly that there were four witnesses to the killings who were under his protection. RSO contacts (protect) indicate the authorities have not yet had access to these witnesses.

------------------GOVERNMENT RESPONSE ------------------9. (SBU) President Arroyo on November 24 convened a special cabinet meeting in response to the massacre and issued a declaration of a state of emergency in Maguindanao, Sultan Kudarat, and Cotabato City. In a public statement, Arroyo denounced the killings as "a most heinous crime" and "a supreme act of inhumanity that is a blight on our nation." "The perpetrators will not escape justice," the President said. "The law will haunt them until they are caught.... That these victims were brutally struck down while merely exercising their right to political freedom must be condemned by people everywhere." 10. (SBU) The chief of the PNP, General Jesus Verzosa, has gone to the South to supervise the investigation, and Arroyo directed that acting AFP Chief of Staff LTG Rodrigo Maclang oversee associated military action. To head up the Cabinet team responding to the massacre, Arroyo named Jess Dureza, her advisor on Mindanao affairs and former head of government peace efforts. On November 24, Dureza met with Andal "Andy" Ampatuan, the head of the Ampatuan clan, to request cooperation in the investigation. In response, Commission on Human Rights (CHR) Chairwoman Leila de Lima said that the government should have summoned Ampatuan for questioning, rather than sending a government official to call on him. Ruling party Lakas-KampiCMD presidential candidate Gilberto Teodoro said that Ampatuan's son "must be arrested because he has something to do with this."

------COMMENT ------11. (C) The scale of this massacre raises a significant likelihood of reprisals and escalation. While we are careful not to prejudge the result of the investigation, we understand the public focus on the Ampatuan clan. We doubt the local media will soon ease its pressure for justice, but even if President Arroyo is determined to push for a fair and thorough investigation, it is unclear whether local actors will cooperate with the national authorities; the killings clearly illustrate the risks for those who oppose powerful figures in Maguindanao. Dureza is a good choice to lead the government's response team; a journalist by training, he hails from the southern city of Davao, and his experience with the peace process will provide him with a deep background and understanding of the clan and ethnic sensitivities in play in Maguindanao. We believe Dureza's civilian status, palace office, and calm manner will help keep tensions in check. End Comment. ----------------EMBASSY STATEMENT ----------------12. (U) Embassy Manila statement November 25: BEGIN TEXT The U.S. Embassy in Manila condemns the recent mass killings in Maguindanao in the strongest possible terms. Ambassador Kristie A. Kenney released the following

said: "Such barbaric acts violate the most fundamental principles of human rights and democracy." On behalf of all American and Filipino employees of the Embassy, Ambassador Kenney offers heartfelt condolences to the families, friends and colleagues of the victims. The Embassy urges the Philippine government to spare no effort in investigating these terrible crimes and preventing such violence in the months ahead. Ambassador Kenney stressed: "We strongly believe that a thorough, rapid, and transparent investigation must be conducted, and those responsible must be brought to swift justice." END TEXT KENNEY (Edited and reading.) reformatted by Andres for ease of