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Duterte is liable for crimes vs humanity over drug war killings
By Nidz Godino
“This admission is significant as it highlights cases are now right for filing against those responsible for extrajudicial killings during drug war,” House Committee on Human Rights Chairman Rep. Bienvenido Abante (Manila, 6th District) said at press conference former President Rodrigo Duterte’s admission of “shortcomings” in his war on drugs further underscores his liability for crimes against humanity.
Abante argued drug war “meets all elements of willful killing,” citing Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.
This was also in reference to former Sen. Leila de Lima’s recent statement at the House Quad Committee’s ninth public hearing, where also argued that Duterte could face penalties under this law.
| De Lima: ‘Davao Model’ resembles Davao Death Squad’s reward systemThe “Davao Model,” which allegedly involves rewarding police officers with cash for each drug suspect killed, mi… |
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It can be recalled that former president owned up to consequences of his drug war campaign during Senate Blue Ribbon Committee’s first hearing on the issue.
Duterte himself said he should be the one “held accountable and detained” instead of police who “only followed his orders.”
However, despite this explicit statement, former president backtracked in his answers to senators’ questions that he is not responsible for the likes of 17-year-old Kian delos Santos who was shot by police during anti-drug operations in 2017.
Abante outlined four factors that qualify former president’s drug war as crime against humanity, beginning with extrajudicial killings human rights groups estimate have claimed up to 30,000 lives.
Second, he said most victims were civilians “suspected by police authorities of involvement in drug-related activities” who were denied due process to defend themselves against allegations.
This led Abante to his third point: testimony from several resource persons, many of whom were Duterte appointees, indicated that killings occurred as part of “widespread, systematic attack” nationwide.
Lastly, human rights committee chairman said EJKs were “executed under state, organizational policy” Duterte himself coined as war on drugs. He added that possible reward system for police officers who killed drug suspects could be another contributing factor.
“This must be recognized as evidence for all present and future cases on war on drugs,” Abante said.
Section 8 of Republic Act 9851 identifies who may be held liable for crimes against humanity, including individuals who commit the crime, order or encourage its commission or attempted commission, or act as accomplices.
Meanwhile, Section 10 stipulates superiors are “criminally responsible as principals for crimes committed by their subordinates” under their effective command and control.
This responsibility arises from either direct command or failure to prevent crime, especially if they knew or should have known about it and did not take necessary measures to stop it.
Rep. Dan Fernandez (Santa Rosa, Lone District), who chairs House Committee on Public Order and Safety, also cited Section 15 of the same law.
This provision states Philippine courts, in cases of crimes against humanity, “shall be guided by” international law, conventions and judicial decisions of international courts and tribunals.
Asked whether Duterte should be prosecuted under RA 9851, Fernandez said, “I think it’s only proper that existing law be followed and that we let wheels of justice prevail.”
House lawmakers also made it clear that Duterte is not only liable for EJKs in his drug war but also for institutionalizing violence during his presidency.
Abante did not mince words when he told reporters that Duterte’s remarks at Senate hearing on Monday, October 28, exhibited “normalization of brutality.”
“What we witnessed during former president’s testimony was shocking normalization of brutality, normalization of death and disregard for due process that has infected our legal institutions,” he said.
Abante said former president’s “nonchalant attitude” toward life is also rooted in thousands of EJK under his watch.
“His casual language, his swearing in formal proceedings mirrors erosion of his standards in his administration where value of life itself was cast aside,” he added.
The lawmaker could not help but say that Duterte’s words and actions carried with them “disregard for human life” as victims were deprived of safeguards and due process they should have been given as mere suspects in illegal drug trade.
Laughter and applause filled Senate as Duterte spoke at hearing , reaction that, for Abante, reflected social norms former president had established.
While Duterte’s foul and explicit words have often been downplayed as jokes, Fernandez said lower chamber will not tolerate this should former president attend Quad Comm hearings.
“If the former president curses in Senate and we allow it here, what’s to stop others from making those kinds of statements as well?” he said.
Duterte also “gaslighted” nation and attempted to “rewrite history” by justifying killings with belief that “there will be one less criminal, not hearing in the service of truth, it was forum for denial for him to rationalize indefensible,” Abante said.
The former president has yet to make appearance at House probe into his war on drugs, was first to invite him before Senate. Duterte was absent on October 22 as he was feeling unwell, according to his legal counsel.
Among allegations against Duterte include implementing “Davao Model” nationwide reward system for killing drug suspects and directing police officers to carry out killings of alleged drug lords on his orders.
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