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Int’l group of jurists tells Duterte, reinstating death penalty is a huge setback


An international organization of judges has written an open letter addressed to President-elect Rodrigo Duterte to express their concern over his plan to reinstate death penalty.

The International Commission of Jurists (ICJ) based in Geneva, Switzerland said the Philippines has obligations under an international law to prohibit the implementation of the death penalty, even calling it an example of global best practice on its abolition. The Philippines abolished death penalty in 2006. 

“Reinstating capital punishment in the Philippines would constitute a huge setback not only for the promotion and protection of human rights in the country, but also for the Philippines internationally,” a letter penned by ICJ Asia and the Pacific regional director Sam Zarifi stated.

“Reinstating the death penalty would contravene international commitments that the Philippines has voluntarily entered into,” the group also said.

The ICJ said the country is the only ASEAN member-state that has ratified the 2nd Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR). Article 1 of the said document, obliges the Philippines not to execute any person within its jurisdiction.

The said protocol has no provision on renunciation. Also, a state may not withdraw from their obligations unless other member-states agree to the move.

“The resumption of executions in the Philippines would therefore constitute a violation of international law and represent an alarming disregard for the international human rights system,” the letter added.

ICJ also pointed out that the Philippines will be placed at odds with the United Nations General Assembly and their repeated calls for the abolition of the death penalty.

No empirical evidence

Aside from pointing out the country's predicament if the death penalty is reintroduced, the group added that there is no empirical evidence that by crime is suppressed if criminals are killed.

In the letter, they asked Duterte to focus on evidence-based approaches to crime prevention.

“On the other hand, research indicates that improving crime detection and investigation, increasing the effectiveness and efficiency of the justice system, and addressing underlying causes, is far more likely to reduce serious crime,” Zarifi wrote.

With this, ICJ tells Duterte that there are no benefits for the country if death penalty will be brought back.

“We therefore hope that, under your presidency, the same strength of leadership can be applied in maintaining the current prohibition of the death penalty, and instead preventing crime in a manner that conforms to international human rights law and standards,” the group said in closing. — BAP, GMA News