Law vs extrajudicial killing exists – De Lima

Metro Manila, Philippines — The Philippines has a law against extrajudicial killings (EJK), former Senator Leila de Lima said on Tuesday, Oct. 22.

During the House quad committee hearing on the Duterte administration drug war, De Lima highlighted Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, which was enacted in 2009, which she said it is unknown to many.

The law penalizes individuals who commit crimes similar to those handled by the International Criminal Court (ICC) such as EJK. Government officials are not exempted from the law.

It also allows international bodies to conduct investigations into crimes committed mentioned in the law.

“Sarili na po nating batas ang nagsasabi na kailangan nating makipag-ugnayan sa ICC kahit noong hindi pa tayo miyembro ng ICC, lalo na noong tayo ay miyembro na, at kahit hindi na tayo miyembro ng ICC dahil sa makasariling pagkalas ni Duterte noong 2018,” De Lima said.

[Translation: Our own law says that we have to coordinate with the ICC even when we were not yet a member of it, especially when we were a member, and even though we were not a member anymore when Duterte withdrew in 2018.]

“Para sabihin natin na wala na tayong pakialam sa ICC, kailangan muna nating ipawalang bisa ang batas na ito (To say that we have no business with the ICC, we have to nullify this law). However, rather than repeal this law, we should now take steps to retract the self-serving act of Duterte to withdraw from the ICC in 2018,” she added.

The ICC is investigating Duterte and then Philippine National Police chief now Senator Bato dela Rosa for supposed crimes against humanity in relation to drug war killings.

Kristina Conti, the counsel of families of EJK victims, said reaching out to the ICC was the most effective remedy when they filed the complaints.

“One of the reasons is there is presidential immunity for domestic suits. Second, there is the complicity of politicians and people in power. High officials were complicit in the crimes as suspected, and they even had officials in the IAS (Internal Affairs Service) installed. There were security considerations for the victims who may themselves be the subjects of ‘tokhang’ operations,” Conti said.

Garma’s claim corroborated

In the committee’s previous hearing, PCol Royina Garma (ret.) said Duterte wanted to implement on a national scale the Davao drug war model that rewards killings of drug suspects.

The former senator corroborated Garma’s testimony by showing the Commission on Human Rights investigation, which de Lima then headed.

De Lima presented what she called the Davao Death Squad organizational chart with then Mayor Duterte as mastermind.

The probe showed that the reward for each killing of an alleged drug suspect reaches up to P15,000. It goes as high as ₱1 million for “special projects.”

De Lima said that there are at least three mass graves for the victims.

Meanwhile, Garma said Duterte called her after her testimony on the existence of a reward system.

“He just explained why Iglesia ni Cristo ‘yung hinanap niyang officer… Ang sabi niya is mapagkakatiwalaan sa pera ang Iglesia ni Cristo,” Garma said.

[Translation: He just explained why he was looking for an officer who is a member of Iglesia ni Cristo. He said they can be trusted.]

Garma earlier said Duterte was looking for a police officer from the religious group to implement the Davao drug war model to a national scale.

Duterte skipped the House panel’s ninth inquiry as he is unwell.