Introduction
In the campaign of the
Duterte administration against illegal drugs, human rights advocates and the
unnumbered critics of this government have decried of extrajudicial killings.
Many have expressed and even criticized and accused the President for human
rights violation. The intensive war against the proliferation of the illegal
drugs in all places in the country has called the attention of the many
Filipinos both political leaders and ordinary citizens. It also has drawn flaks
among international community leaders, international organizations, and peoples
from around the world. Condemnation of the anti-illegal drugs battle is mostly
due to and centered to violation of rights to life as many have wept.
Rightfully the government’s intention is to eradicate illegal drugs in all
sorts in the country. It’s striking that this sovereign drive has been
associated with extrajudicial killings and worst the state’s critics and
political opponents have accused the President of committing and endorsing killings
without due process. Also, the United Nations and European Union have urged the
country’s head of state to stop the extrajudicial killings.
As what Senator Allan Peter
Cayetano stated during the Senate’s Committee on Justice hearing on the alleged
extrajudicial killings of law enforcers, everyone has to be lectured on what is
an extrajudicial killing. All should have to know, what is really extrajudicial
killing? When is killing considered to be extrajudicial? Are all deaths in the
country extrajudicial? Or is it only the media who has sensationalized the
numbered deaths and framed the minds of the people to the issue of non-judicial
killings? What could be transpired from all the efforts of the government to
stop the more than three decades old problem on drugs? Is everything in the
campaign really extrajudicial? Countless questions have puzzled every citizen
of the country and the humanity across the globe. The countrymen including the people of the
world need to be rightfully educated of the whole truth. If extrajudicial has
existed in the drive of the government, then offenders should be held liable.
For the inalienable right to life is constitutionally protected. And it is the
duty of the state to protect the rights of its citizenry.
Although the government has
denounced publicly such extralegal execution and argued that such killings are
committed by non-state actors. The perpetrators of the numbered deaths relating
into illegal drugs is still at large. Investigations and charging criminal
cases to culprits are not enough if there is such commission of extrajudicial
execution.
The term “extrajudicial
killings” as used by various media outlets to define killings of the drug
addicts during the campaign of the government against illegal drugs is wrong
according to Senator Cayetano. He also argued
that on 2012, former President Benigno Aquino III and Ex-Department of Justice
Secretary and who is currently Senator Leila De Lima signed an administrative order
to know when the term “extrajudicial killings” can be used. In such
Administrative Order No.35, extra-legal killings (ELK) or extra-judicial
killings (EJK)- for purposes of operationalization and implementation of this
Administrative Order No.35, the ELK/EJK will refer to killings wherein:
a.
The victim was:
i.
a member of, or affiliated with an organization, to include political,
environmental, agrarian, labor, or similar causes; or
ii.
an advocate of above-named causes;
iii.
a media practitioner; or
iv.
person(s) apparently mistaken or identified to be so.
Learning from this signed Administrative Order No.35 operational
guidelines of EJK, killings of common lawbreakers like drug lords, drug
pushers, and drug addicts must not be referred to as extrajudicial killings and shall be addressed with other
appropriate words within the judicial system. It is definitely wrong to view
the issue of engendered deaths and use the term extrajudicial killings. There
is no EJK in this case in the country. Only, there are killed drug delinquents,
crimes committed as it can be further referred.
On the other side, the government has protected the right to
life of its people. Well, killing drug delinquents on legitimate police
operations really matters much more the life of the victims of drug-related
criminals. As human rights advocates and political partisans have professed
that these suspected criminals’ rights to life must be respected same is true
with the rights to life of their victims. The government is doing its part of
guarding and saving its people from all the cunning effects of narcotics. Just
recently, the government has announced the soft opening of the mega
rehabilitation facility inside Fort Magsaysay in Nueva Ecija. This is to prove that the government is
concerned not only to the welfare of the righteous but the victims of illegal
drugs as well. Now, who’s right is best to be protected? It should be the rights
of the entire citizenry and not the felons. The right to life is fundamental to
all mankind in the land. And the right to live cannot be breached by anybody. Casualties
in the anti-narcotics drive are inimical. But everyone has to understand that
in legitimate police operations and the enforcers lives are put in danger,
then, expectation for any casualty is at stake. It would either the police
operatives or the drug offenders. Of course, these drug offenders would not
just simply surrenders and the police likewise would not simply lay down the
laws.
Counter Argument
Historically, Christian Pangilinan (2012)
wrote that extrajudicial killings and other human rights violations have
existed long years ago since the administration of President Ferdinand Marcos
and after his implementation of Martial Law. There has been recorded numerous
disappearances and deaths since then. This phenomenon has continued to the
administration of Benigno S. Aquino and up to this time. Extrajudicial killings problems have
persisted and more it created conflicts between the government, the law
enforcers, the human rights activists, and political opponents. Pangilinan
further argued that, the reason for this is because there is no legislation
that clearly defines and or explains what it is. In other words, the term
“extra judicial killings” have been used decades ago and have gone undefined in
Philippine law and no legislative measures have been passed.
The Manila
Times on September 29, 2016 published editorial urging House legislators to
consider the definition for extrajudicial killings provided by the United
States Torture Victim Protection Act. In this act, it defines extrajudicial
killing as “a deliberate killing not authorized by a previous judgment
pronounced by a regular constituted court affording all the judicial guarantees
which are recognized as indispensable by civilized peoples”. If this is to be
the carried out then there could be voluminous number of unlawful deaths in the
country that has to be investigated more likely the alleged victims of the fierce
drug war of the government.
Antonio Contreras, conversely stated in his facebook post
that in our current system, every killings are extra-judicial. The only killing
that is legal according to him is the one that is issued by the Courts as
penalty and happened only after due process. He further claimed that it is even
true even when police kills a criminal in self-defense and the armed forces
battling with rebels and kill them. Technically to Contreras, it still is
homicide and the only exception is it is self-defense and so legitimizing the
act.
The Senate
Committee on Justice conducted an inquiry in aid of legislation as its purpose.
Senator De Lima the ousted chairman has firmly believed that there are
extrajudicial killings and linking the President to such act. However, as
interpellations have been made, it turned out that there is no way to claim
extrajudicial killings as the senate hearing ended with the new Senate
Committee on Justice Chairman, Senator Dick Gordon.
At this time,
the human rights advocates both local and international, the local and global
media, and the political antagonists have been putting deaths squarely blaming
the government as fatalities of the brutal anti-narcotics war. Yes, it’s right
to call for an investigation on these summary executions but let us not preempt
it as outcomes of extralegal execution. To accuse the State of violating human
rights and committing extrajudicial killings is inappropriate. As per Senate
Hearing conclusion, the government is not behind the unlawful deaths and the
Senate panel has also cleared the President.
It is now time
to call for dropping the term “extrajudicial killings” in the numbered “deaths
under investigations” as referred to by the Philippine National Police. As what
the House of Representatives Committee on Public Order and Safety did, it has definitely decided
to drop the use of the watchword “extrajudicial killings” and would rather use
“death under investigation” in their impending hearings, investigations and reports. The House Deputy Speaker, Gwendolyn Garcia
questioned the used of the term “extrajudicial killings” and has motioned to
stopped the use of it which later was then approved by the Committee. The
Republic Act No.8177 was the only law imposing death penalty by lethal
injection in the country but was repealed by Republic Act No. 9346. It is now
understandable to say that the Philippines cannot have judicial killing nor
extrajudicial killing since it has no law pertaining the imposition of a
capital punishment which is death penalty.
According to Congresswoman Garcia, how such a judicial killing could
exists when in fact there is the absence of death penalty in the country? And so
occurrence of extrajudicial killings which would mean killings that transpired
in the absence of due process and judicial proceedings in the country cannot
just be conveniently reported as it is. Hence, for extrajudicial killings to
occur there has to be judicial killings first.
My Argument
Killings are act of human rights violations.
Nobody is authorized to take away life from any person. Everyone has the right
to live. In the war against illegal drugs the conflict between human rights
advocates and political partisans has arisen. It is right to claim that even
criminals have right to live. But, what about their victims? Isn’t right to
also say that the innocent victims of drug reprobates have the right to free
existence and breath? The Commission on Human Rights and the United Nations
have urged the government to stop the violence and killing. And that the
international organization- the United Nations has warned President Duterte
that his directives to police officers to kill drug lords who would put the
latter’s live in danger is a crime under international law. In his first State of the Nation Address,
President Duterte once said, “human rights cannot be used as a shield or an
excuse to destroy the country.” These words are clear if one violates the law
then he or she cannot be excused for the consequences. But of course the State
is protecting the rights of its people. On his facebook post, Senator Cayetano
said, “We
believe in protecting the human rights of all Filipinos. We support the
President and the PNP’s war against drugs!” Thus, barking for the rights of the crooks to give them
equal protections despite their unlawful acts would be very unfair to the 9
year old mutilated rape victim. Only to discredit the President and not to
defend the law-enforcers in this fight to eradicate illegal drugs in the whole
country, many have joyridden the issue of killings which according to US
Ambassador to the Philippines, Philip Goldberg, “…extrajudicial killings remain
foremost among the human rights challenges in the Philippines.” Sadly, the country has a very poor human
rights record in the international community due to alarming prevalence of
killings and unexplained appearances without anyone being held accountable
(Reyes and Del Castillo, 2016).
Extrajudicial
killings issue has produced a kill list to many media entities such as ABS-CBN,
GMA-7, and Philippine Daily Inquirer to name a few. Kill list as it is called
by many media units is an entry of names of people counted as dead allegedly
related to the drug war. Currently, the Philippine Daily Inquirer Kill List has
totaled more than 2 500 death tolls in connection with the anti-illegal drugs
war. These kill lists by various media bodies have created unwarranted
prosecution to the many law-enforcers and the government. It has created
profound disappointment and frustration not only to the President but to the
more than 16 million Filipino and foreign supporters. One major supporter of
the President questioned the kill list. Why only now where in fact during
President Aquino’s term, there have been so many deaths. It is also baffling
because why even those who were alive are included in the list.
Thinkingpinoy.net debunked thhe Philippine Daily Inquirer’s Kill List for the
reason that it tallied about 600 deaths from June 30, 2016 to August 15, 2016. It
further stated that even if all these deaths were drug related, and even if
they all happened entirely in July 2016, it’s only about 1 casualty per 1000
successful arrests. Accordingly, it only translates to an Arrest-related Death
Rate (ADR) of less than 0.2% for drug-related crimes. There are ten
illogicalities according to thinkingpinoy.net in the kill list of the
Philippine Daily Inquirer. These are the problematic use of surge,
verifiability, heavy editorializing, police doing their job honestly, blatant
false dichotomies, entries that came back from the dead, the kill list barks at
the wrong tree, those not on drug lists, actual malice, and legitimate police
operations. These only prove that the kill list lacks scientific evidences
against the war on drugs and that many of these media units have only
sensationalized the slayings under investigation. Is media to be blamed for
making the country in the bad light? Consequently, one facebook user and
supporter of the drug war posted, the news that we have as regard to numbered
deaths are drug offenders unlike in the past that we often heard of dead rape
victims and murders because of drug abusers.
Nevertheless, despite all
the allegations and criticisms and the many kill lists, Teresa Cerojano of the
Philippine Star, wrote and argued that Filipinos are supportive and seen
backing the President even though the rise in killings is clear. This claim is
still supported by the recent trust ratings survey of Pulse Asia where
President Duterte scored 86 percent approval ratings in his first 100 days.
The government needs support for
this candid will to eradicate illegal drugs. Summary killings are not part of
the government campaigns in stopping spread of narcotics. The Asian neighboring
countries have backed up the Duterte Administration in this fight to end drugs
in the country. It has earned the support of Indonesia, Brunei, and just
recently the China. While the many Filipinos still in full support to the
President, there are many across the globe not only fellow Filipinos but also
international communities have drawn disapproval of the government efforts to
cracked-down the prohibited drugs. The Secretary of Foreign Affairs, Perfecto
Yasay told and affirmed that Philippines is still committed to the United
Nations despite disappointments and frustrations from the international agency.
On the other hand, netizens have always expressed their support to the battle
on illegal drugs. Many have created blogs and used the social media to express
their support for the government. Some have castigated the “biased” media for
their extreme sensationalism and were urged to report only what is true and
accurate.
Conclusion
Human rights violation in any way is
not acceptable. Whatever will be the reason for killing will never be valid. The
right to life is fundamentally basic and is not to be breached. In the
determination of the government to stop illegal drugs, the phrase
“extrajudicial killings” have gone controversial locally and internationally. There
is no extrajudicial killing in the country nor has the government sponsored
such killings. However, there are only killings for many decades now but the
government is not behind it. The sovereign state has its duty to protect its
populace from any harm. And illegal drugs problem have persisted and have
caused the many victims and the country too much problems. It has to be
solved.
The
use of the term “extrajudicial killings” in deaths due to legitimate drug
operations should be dropped and stopped. Likewise, associating the numbered
deaths to the government’s campaign to end illegal drugs is unfair to the many
law-enforcers who have rendered and risks their lives and has to be eluded. A
more appropriate term shall be used to address anti-drug related deaths.
More
so, kill lists have to be validated and if not be junked for lack of
consistencies and scientific evidences. The more than 2000 death tolls being
connected to the drug war is a small number compared to the more than 700 000
drug surrenderees. Meaning, the government has done successful operations in
implementing its campaign. Also, media has to be fair and just in reporting and
avoid extreme sensationalism. Correspondingly, biases of these mainstream media
have put the country and its persevering leaders in undeserved spot. Sensationalism
has affected and caught the attention of the oppositionists. Media has to be
cautious and would be good to retract its bad practices in reporting. Freedom
of expressions should therefore be used to help carry out the programs of the
country. Sensationalism can be used to contribute positively in all sorts of
the government’s effort to particularly end the drug menace.
Everyone
has the responsibility to support the government especially in this effort of
bringing back the country’s fate to goodness. Filipinos elsewhere in the world
have to be united to successfully end illegal drugs. Each should refrain from
disparaging the administration’s battle against illegal drugs. If and only if
there are human rights violations submit it to proper legal bodies and let it
be heard for once. Punishing perpetrators is a key to address the problem but
the support of the populace is more desirable to eventually stop not only the
killings but the proliferation of the very causes of the issue-the illegal
drugs.
In
all of these, the government has been cleared of the allegations of
extrajudicial killings. The moved to eliminate illegal drugs will continue to
be intensive. It has to stay and be mindful of every human’s constitutional
rights. To fervently solve the root of these unlawful death problems in the
country, it is proposed that the government shall:
1.
Provide
and legislate a clear-cut definitions of extra-judicial killings
2.
Curbed
laws and be implemented fully
3.
Held
culprits accountable including law enforcers committing violations
4.
Make media accountable for their malicious
reporting
5.
Educate
the people about human rights, violations, and laws for protection
6.
Report
to authorities all illegal acts
7.
Develop
trusts among government bodies, law enforcers, and the Filipino citizens
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