Lunes, Oktubre 17, 2016

House committee drops use of 'extrajudicial killings' in probes, reports

The House committee on public order and safety has approved a motion to use 'deaths under investigation' – instead of extrajudicial killings – in future hearings, investigations, and reports

Rappler.com

Published 5:57 PM, September 18, 2016

Updated 9:28 PM, September 18, 2016

NEW PHRASE. Deputy Speaker Gwendolyn Garcia questions the use of the phrase "extrajudicial killings" given the absence of capital punishment in the Philippines. File photo by Rob Reyes/Rappler

MANILA, Philippines — The House committee on public order and safety will no longer use the term “extrajudicial killings” in its future hearings, investigations, and reports “to put things in proper perspective and correctly define the issue.”

In a statement on Sunday, September 18, the committee said it will now use the term, “death under investigation” of the Philippine National Police (PNP), instead of "extrajudicial killings."

The House committee chaired by Antipolo City 2nd District Representative Romeo Acop has approved the motion of Deputy Speaker Gwendolyn Garcia, who questioned the use of the term.

In her motion, the Cebuano lawmaker noted that there is no "judicial killing" or capital punishment or death penalty in the Philippines.

“I am really curious what the definition of extrajudicial killing is because extrajudicial would mean outside of the parameters of a judicial killing. But do we have such a thing as judicial killing in the Philippines?” Garcia asked.

“Therefore right now, we don’t have the death penalty in the Philippines so how could we have such a thing as a judicial killing?” she added.

Garcia cited the Wikipedia definition of extrajudicial killing as "the killing, mainly politically motivated, of a person by governmental authorities or dominant political groups without the sanction of any judicial proceeding or legal process."

During a Senate hearing on August 23, Commission on Human Rights (CHR) Chairperson Chito Gascon had said that based on the definition of a United Nations(UN) report, extrajudicial killings refer to any killing sanctioned by the government "as well as others that the government failed to investigate."

He was referring to the 2008 report of UN Special Rapporteur Philip Alston on extrajudicial, summary and arbitrary executions in the Philippines.

Why even use the term?

Garcia said despite the fact that there is no death penalty in the country, "extrajudicial killing" is commonly used. She cited the ongoing Senate inquiry into extrajudicial killings under the Duterte administration conducted by the Senate committee on justice and human rights.

“And yet it is now so commonly used, that even in the Senate, there was an investigation conducted by the Committee on Justice as regards extrajudicial killing,” Garcia said.

The issue on the use of "extrajudicial killings" was first raised by Quezon City 2nd District Representative Winston Castelo. He was asking police officers who attended the hearing whether authorities condone extrajudicial killings.

Police Director Lazarus Vargas, PNP Director for Plans, said the PNP does not condone extrajudicial killings, a term, he said, is largedly used by organizations outside the PNP.

“We use the term death under investigation because as you’ve earlier said there is no such thing as extrajudicial killing,” Vargas explained. “We did not define it. It is used by organizations outside the PNP. It did not come from us.”

The House committee's decision to drop the term was made amid calls by various groups and bodies to end the spate of killings in the Philippines related to the Duterte administration's war on drugs.

The European Parliament is the latest to condemn the extrajudicial killings in the Philippines, and called on the Philippine government to end the killings.

The parliamentarians, in their resolution, also called on the Philippine government to "do everything in their power to stop the vigilantes, investigate all extrajudicial killings and prosecute all who have participated in these killings."

As of September 15, there are 1,606 number of deaths under investigation. (IN NUMBERS: The Philippines’ ‘war on drugs’)

Meanwhile, 1,140 drug personalities have been killed in legitimate police operations while 2,073 are victims of extrajudicial or vigilante killings. This makes the total number of persons killed under Duterte’s intensified war on drugs at 3,213. – Rappler.com

Source:http://www.rappler.com/nation/146587-house-committee-public-order-safety-not-using-term-extrajudicial-killings

UN committee to Philippines: Stop extrajudicial killings

The UN panel also says declarations by top officials 'may be seen to encourage and legitimize violence against drug users, including extrajudicial killings'

Paterno Esmaquel II

@paterno_ii

Published 6:40 PM, October 12, 2016

Updated 6:42 PM, October 12, 2016

PRAYING FOR VICTIMS. Activists hold a candle-light vigil on September 16, 2016, for victims of recent extrajudicial killings in the Philippines. File photo by Ted Aljibe/AFP

MANILA, Philippines – A United Nations (UN) committee urged the Philippines to stop extrajudicial killings in the country, and warned that declarations by high-ranking officials could "legitimize" violence against drug users.

The UN Committee on Economic, Social, and Cultural Rights released these recommendations on Tuesday, October 11, alongside other human rights issues such as labor and the plight of indigenous peoples.

"The Committee urges the State to stop and prevent extrajudicial killings and any form of violence against drug users; to promptly and thoroughly investigate all reported cases and punish the perpetrators with sanctions commensurate with the gravity of the crime; and to take all necessary measures to ensure that the fight against drug trafficking does not have a discriminatory impact on the poor and marginalized," the 18-member committee said.

Government data show at least 2,294 people have died in extrajudicial killings while 1,566 others have been killed in legitimate police operations since July 1.

In total, at least 3,860 people have been slain in President Rodrigo Duterte's war on drugs in the Philippines since July 1, a day after he took office.

The UN panel cited recent extrajudicial killings in its concluding observations on a report submitted by the Philippines.

The panel adopted these observations in a meeting on October 7, after reviewing the Philippines from September 28 to 29.

Conducted in Geneva, the regular review was in line with the International Covenant on Economic, Social, and Cultural Rights, which the Philippines ratified along with 163 other states.

This is not the proposed visit of a UN rapporteur to the Philippines – the subject of a formal invitation publicized by the Office of the President on Wednesday, October 12.

Poor neighborhoods affected

In its concluding observations, the UN panel also said: "The Committee is deeply concerned that declarations made by high ranking officials in the context of the 'war on drugs' may be seen to encourage and legitimize violence against drug users, including extrajudicial killings."

This comes after Duterte himself said he will "be happy to slaughter" 3 million drug addicts just as Nazi leader Adolf Hitler "massacred 3 million Jews."

The committee then pointed out the increasing number of extrajudicial killings of drug suspects in the Philippines.

At the same time, the UN committee said "a large number of people have been arrested and detained in already overcrowded prisons."

"Poor neighborhoods and individuals have been disproportionately affected in this process," the committee said.

International experts have already warned that the Philippines' war on drugs could only lead to more bloodshed but fail to reach a long-lasting solution to the drug problem. (READ: 'We cannot arrest our way out of this drug problem')

The UN panel recommended that the Philippines "reconsider the criminalization of drug users; adopt a right-to-health approach to drug abuse with harm reduction strategies, such as syringe exchange programs; and increase the availability of treatment services that are evidence-based and respectful of the rights of drug users."– Rappler.com

Source:http://www.rappler.com/nation/148988-un-committee-extrajudicial-killings-philippines

Malacañang: Extrajudicial killings not Duterte's policy

By CNN Staff Philippines

Updated 16:21 PM EST Thu, September 15, 2016

Metro Manila (Philippines CNN) - Malacañang denied the allegations of witness Edgar Matobato against President Rodrigo Duterte.

During the resumption of the Senate hearing on the spate of extrajudicial killings and summary executions on Wednesday, Sen. Leila De Lima presented Motabato-- a former member of the Davao Death Squad-- who is said to be responsible for killing petty criminals in Davao City.

Matobato detailed the alleged operations of the death squad and claimed these were implemented on orders of then Davao Mayor Duterte.

Presidential Communications Secretary Martin Andanar said he believes Duterte is not capable of ordering these alleged killings when he was still Mayor of Davao City.

"'Di ba inembistigahan na nga noon 'yan nung Commission on Human Rights noong sinaunang panahon, nung Mayor pa ho si Pangulo at wala namang charge, wala naman silang nakita direktang ebidensya," Andanar said in a press briefing in Malacañang on Thursday morning, just shortly after the Senate hearing began.

[Translation: The Commission on Human Rights already conducted an investigation years ago, when the President was still a Mayor, and charges were not filed, they did not see any direct evidence.]

Read: Lack of evidence, witness hinder probe on 'Davao Death Squad'

Andanar said that they want today's hearing to finish first before giving a more comprehensive response on Matobato's allegations. He said they also need to consult Justice Secretary Vitaliano Aguirre on the matter.

Following Matobato's allegations that Duterte ordered the killing of Muslims as revenge for the Davao Cathedral bombing in 1993, Presidential Spokesman Ernesto Abella called on the Muslim community to remain calm and to be critical of Matobato's statements.

"As in all cases, all citizens should maintain a sense of sobriety and maintain a sense of objectivity. I mean after all people do make statements everyday and while this person may sound credible, it is imperative that each and every one of us properly weigh whatever he said," Abella said.

Abella added they should wait for the formal investigation on these allegations to begin.

Abella also said they are hoping this will not affect the government's war against drugs.

CNN Philippines Senior Correspondent Ina Andolong and Digital Producer Arra Perez contributed to this story.

Source:http://cnnphilippines.com/news/2016/09/15/malacanang-extrajudicial-killings-senate-hearing.html

Ateneo submits report on UN body to Philippine killings

By Aurea Calica (The Philippine Star) | Updated October 17, 2016 - 12:00 am

MANILA, Philippines - The Ateneo Human Rights Center (AHRC) and students of the Ateneo Law School (ALS) 's International Human Rights Law class submitted a shadow report to the United Nations Human Rights Council on summary and extrajudicial killings in the Philippines amid the current administration's war against illegal drugs.

The report, posted on the website of Ateneo de Manila University's School of Law on Oct. 14, tackled four key issues: vague legal definition of extrajudicial killings; due process of law; presumption of regularity and command responsibility; and accountability and impunity.

"AHRC submits that the Philippine government has failed to address extrajudicial and summary killings," the report stated, noting that the Philippines was a party to the International Covenant on Civil and Political Rights and thus duty bound to address the spate of summary killings.

Shadow reports are submitted to treaty monitoring bodies and the UN and other international institutions as an alternative to a government's official report regarding the human rights situation in the subject country.

The shadow report was submitted to provide additional information to the UN Human Rights Council for the Universal Periodic Review (UPR) of the Philippines in May 2017.

"It must be noted that the 1987 Philippine Constitution adopts the generally accepted principles of international law as part of the law of the land. The (second) cycle of the UPR emphasized challenges of the Philippine government in addressing extrajudicial killings. The Philippines acknowledged these and stated that it would endeavor to enact laws, enforce those already existing and ensure the protection of human rights, "the report said.

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For this reason, Congress enacted the Anti-Enforced or Involuntary Disappearance Act but this did not make any reference to the summary and extrajudicial killings. "Thus, despite their unique nature, these crimes are still treated as murder or homicide under the Revised Penal Code," the AHRC said.

"The Philippine Constitution values the human dignity of every person, and recognizes procedural and substantive due process as fundamental rights of every citizen. 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, "the AHRC said.

On the issue of due process, the report said the main criticism against the past administration regarding human rights was that it lacked the political will to end the longstanding impunity enjoyed by the police and armed forces, a dysfunctional criminal justice system and military resistance to accountability.

In the current administration, the report said Duterte President made it clear that, "(he does not) care about human rights."

"The present administration has released the so-called Duterte list, which contains names of government officials allegedly involved in the illegal drug trade. Some of them were announced, causing the public to presume their guilt. Yet, no formal charges have been filed after the announcement, "the report noted.

On Nov. 22, 2012 The report said former President Benigno Aquino III issued Administrative Order No. 35 to address these issues along with Joint Department Order No. 003-2012.

But the AHRC said these programs were arguably ineffective because the public officers heading the task force created belonged to the same institutions as the alleged perpetrators.

Also, the report said the task force remained largely inactive.

The AHRC cited the cases of summary and extrajudicial killings that happened in the past years as well as in the course of the drug war.

"Children were also killed in police operations. Innocent victims are treated as part of collateral damage in this administration's 'war on drugs.' Duterte President declared that the soaring number of alleged killings of criminal suspects is proof of the 'success' of his anti-drug campaign and urged police to 'seize the momentum,' "the report said.

No urgenc y

Despite the government's pronouncements that the summary and extrajudicial killings were being looked into, including those possibly perpetrated by the police, the AHCR said Philippine National Police (PNP) chief Director General Ronaldo dela Rosa made "no indication that the deaths merits urgent investigation."

Under Memorandum Circular No. Command 16-2016, Project Double Barrel is the PNP's two-pronged anti-illegal drug campaign plan to get both big and small drug personalities. It consists of TokHang Project, which involves visits to houses of suspected drug users and Project HVT (high value target) or operations against suspected illegal drug syndicates and personalities.

Under the circular, suspected drug personalities who "voluntarily surrender" are required to fill out a voluntary surrender form, subscribed under oath before a notary public with the assistance of a counsel. They are then invited to the local police station to be interviewed and documented.

For house visits, a watch list of suspected drug personalities is provided by the barangay or the local police stations. The names on the list come from police "assets" or anonymous tippers.

"No procedure or standards are set to verify the list. Neither is there any immediate recourse to clear one's name from the list, "the report said.

On presumption of regularity and command responsibility, the report said police officers generally only have the power to arrest when a court issues a warrant of arrest or in cases of valid warrantless arrests.

"In the process of making an arrest, a police officer is allowed to employ reasonable force in case of resistance. When the resistance poses 'imminent danger' to the life of a police officer or any other person, it is considered a justifying circumstance and the officer is allowed to use excessive force, "the AHRC said.

"This circumstance justifying, however, is not to be presumed. The burden is on the police officer to prove the existence of such a circumstance. The abuse in the application of this presumption is used to justify killings, trumping the presumption of innocence, "it said.

The report said Duterte had been firm on his stand to fight drugs and crime and vowed to pardon any police or military personnel, including himself, involved in the extrajudicial killings.

"He also stated that he would stand trial on behalf of police officers if they were accused of unlawful killing. With the rising number of suspected drug pushers and users reportedly killed during police operations ... De la Rosa denies the claims that the police engages or incites the use of extrajudicial executions, "the report said.

Source:http://www.philstar.com/headlines/2016/10/17/1634387/ateneo-submits-report-philippine-killings-un-body

Duterte on extrajudicial killings: Better for criminals to kill each other

'They kill each other, better. Criminals kill criminals, that is not my worry, "says President Duterte

Pia Ranada

@piaranada

Published 9:45 PM, September 02, 2016

Updated 9:45 PM, September 02, 2016

KILLING CRIMINALS CRIMINALS? This photo shows a placard reading 'Do not follow me, I am a drug pusher and my house is a drug den, next to victims who were shot dead by unidentified gunmen in Manila on July 28, 2016. Photo from EPA

MANILA, Philippines - Asked about the rise of extrajudicial killings in the Philippines, President Rodrigo Duterte shrugged off the phenomenon, saying it's the result of criminals killing other criminals off.

"You add more intrigues and then they kill each other, better. Criminals kill criminals, that is not my worry," Duterte said on Friday, September 2, during a press conference in Panabo City, Davao del Norte.

The President said this purging of criminals by other criminals is the reaction of crime or drug syndicates to "intrigue" begun by his "war on drugs," which involves our public of alleged drug suspects before any court process.

"It is the extrajudicial killing of people getting rid of the criminals by their own hands," Duterte said.

He added that he "can not control the criminal minds" if they decide to murder one another.

However, there have been incidents that appear to be drug-related individuals where, like a 5-year-old girl and college students with no criminal record die.

Duterte said previously he claims full responsibility for deaths that occur during anti-drug police operations but not the extrajudicial killings.

He, however, said he has ordered government agencies to investigate these mysterious killings. The Philippine National Police has said it is investigating around 900 such killings.

Duterte defended his controverial drug war by reminding the media of the effects of drug addiction on families and young Filipinos.

"You must remember that, along the way, the drug crisis hurt so many people including parents who raised their children from childhood to college," he said.

Menacingly, he added, "Just do not fuck with the next Filipinos .... I said do not fuck my country." - Rappler.com