Extrajudicial Killings In The Philippines.docx

Extrajudicial Killing in the Philippines

The term ‘extrajudicial killing’ in its original meaning refers to the homicides that are committed outside the legal system with no prior judgement of a court. It is defined by law as killings due to the political affiliation of the victims; having a specific method of attack; and where there are reports of involvement or acquiescence of state agents in the commission of the killings.1 In this sense, the term comprises a large amount of violent acts with different motives, victims and perpetrators, and that the has to be involved or at least tacitly accept the commission of the killings. The Philippine Constitution values the human dignity of every person, and recognizes procedural and substantive due process as fundamental rights of every citizen. According to the Article III of the Philippine Constitution, it protects the right of the accused to a fair trial, including the opportunity to be heard. It grants the people the right to be secure in their persons and homes against unreasonable searches and seizures. The protection of the right to life and liberty of all persons is also given primacy. There were 3,257 people to have been killed by the military during President Ferdinand Marcos’ dictatorship, specifically over the ten-year period from 1975 to 1985.2 In contrast, since the inauguration of President Rodrigo Duterte on June 30, 2016 up until September 30, 2018, and his call for a “war on drugs,” there were about 4,948 suspected drug users and dealers died during police operations. But this does not include the thousands of others killed by unidentified gunmen. According to the Philippine National Police (PNP), about 22,983 such deaths since the “war on drugs” began are classified as “homicides under investigation.” The anti-drug campaign dubbed “Operation Double Barrel” has targeted suspected drug dealers and users ostensibly for arrest but in practice has been a campaign of extrajudicial execution in impoverished areas of Manila and other urban areas.

Issues on Due Process of Law and Extrajudicial Killings o

o

1

From the news article of CNN, last August 2017, there were 32 suspected drug dealers that were killed in shootouts across one province in the Philippines in a single night. According to Caramat, it is the highest the province has seen in a single night. He referred to it as the "one-time, big-time" operation, indicating that it was targeting "notorious drug pushers."3 In September, there were killings of three teenagers, which has triggered widespread national and international outrage. The CCTV footage and witness statements contradicted police accounts of the

Supreme Court Administrative Order No. 25-2007 R. Reyes. 3,257: Fast checking the Marcos killings, 1975-1985. (April 12, 2016). Retrieved from https://www.manilatimes.net/3257-fact-checking-the-marcos-killings-1975-1985/255735/ (last accessed April 3, 2019) 3 E. McKirdy. 32 killed in bloody night for Duterte’s war on drugs. (August 17, 2017). Retrived from https://edition.cnn.com/2017/08/16/asia/philippines-duterte-war-on-drugs-deadly-night/index.html (last accessed April 3, 2019) 2

o

o

killing of one of the three, 17-year-old Kian delos Santos, who according to forensic experts and witnesses appeared to have been extrajudicially executed.4 On 23 July 2016, Michael Siaron’s body was found on the streets of Manila. Beside it was a cardboard sign with the words “I am a drug pusher, don’t imitate”27 written in all-black capital letters.5 Media reports have highlighted numerous cases as part of President Duterte’s so called “war on drugs.” These include: father and son Renato Bertes, 47, and JP Bertes, 28, killed in police custody after being brought into a police station in Metro Manila for drug testing6; Julius Rabina, 18, shot dead by unidentified motorcycle gunmen who asked for his father, an apparent drug suspect, outside his house7; Jefferson Bunuan, 20, and his cousin Mark Anthony, shot dead by police who raided a house they were in, looking for a suspected drug dealer;8 Precious Galang, suspected drug pusher and was killed during the buy-bust operation.

The President famously promised to kill 100,000 criminals in his first six months in office, and upon taking office encouraged Filipino citizens take to the streets and kill suspected drug users and dealers9, promising legal protection and rewards to those that did so. Duterte vowed to continue his antidrug campaign until his term ends in 2022, including the protection of the police officers and agents carrying out the said anti-drug war from prosecution. In July 2018, he again pledged to continue the “war on drugs,” saying “it will be as relentless and chilling as on the day it began.”10 Those killed are alleged to have links to the drug trade, either as pushers or drug dealers. In a nationally televised speech on the 5th of June, President Duterte stated that he will offer huge bounties to those who turn in drug lords, dead or alive. The President also promised large sums of money as reward for the death of suspected criminals. 11 In other statements, he has said he would give security forces “shoot-to-kill” orders against organised criminals or those who resisted arrest.

4

Philippines: Senat hearing highlights deadly consequences for children in ‘war on drugs.’ (August 24, 2017). Retrieved from https://www.amnesty.org/en/latest/news/2017/08/philippines-senate-hearing-highlights-deadlyconsequences-for-children-in-war-on-drugs/ (last accessed April 3, 2019) 5 J. Weston Phippen, Can This Photo End Vigilante Killings in the Philippines?, THE ATLANTIC. (Aug. 5, 2016). Retrieved from https://www.theatlantic.com/news/archive/2016/08/la-pieta-philippines-duterte/494330/ (last accessed April 3, 2019) 6 C. Elemia. CHR: Police ‘tortured’ father-son drug suspect killed in Pasay jail. (August 22, 2016). Retrieved from https://www.rappler.com/nation/143838-chr-police-tortured-father-son-drug-suspects-pasay-jail-senate-hearing (last accessed April 3, 2019) 7 S. Pacia and A. Ateinza. The Kill List. (July 7, 2016). Retrieved from https://newsinfo.inquirer.net/794598/kill-listdrugs-duterte (last accessed April 3, 2019) 8 Sara P. and Almi A., The Kill List. (July 7, 2016). Retrieved from https://newsinfo.inquirer.net/794598/kill-listdrugs-duterte (last accessed April 3, 2019) 9 Guardian staff and agencies. Philippines president Rodrigo Duterte urges people to kill drug addicts. (July 1, 2016). Retrieved from https://www.theguardian.com/world/2016/jul/01/philippines-president-rodrigo-duterteurges-people-to-kill-drug-addicts (last accessed April 3, 2019) 10 Phillipines: Events in 2018. (n.d.). Retrieved from https://www.hrw.org/world-report/2019/countrychapters/philippines (last accessed April 3, 2019) 11 C. Gabuco. Philippine drugs war: The woman who kills dealers for a living. (August 26, 2016). Retrieved from https://www.bbc.com/news/world-asia-37172002 (last accessed April 3, 2019)

According to Oscar Albayalde, being the appointed PNP chief and successor of Ronald de la Rosa, he vowed to continue and intensify Duterte’s anti-drug war. The campaign on the said anti-drug war has “yielded very good results,” he said. If the current rate of killing will be maintained, then the number of Filipinos who will have been extrajudicially killed by the end of the of the Duterte administration will be around 66,000.12

12

R. Reyes. Counting the Killings: 20,000 and rising. (April 24, 2018). Retrieved from https://www.manilatimes.net/counting-the-killings-20000-and-rising/394576/ (last accessed April 3, 2019)