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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