Police not immediately liable in ‘unconstitutional’ Oplan Tokhang, CHR says

Police officials conducting Oplan Tokhang may not be immediately held liable once the act is proven a violation of the constitutional rights of drug suspects, the Commission on Human Rights (CHR) said on Wednesday.

“Hindi po lahat ng bagay na declared constitutional or unconstitutional results in some nature of individual liability or not. 'Yung declaration lang ng unconstitutionality means 'wag mo nang ituloy,” CHR chairperson Chito Gascon said in a forum in Quezon City on Wednesday.

Roundtable on human rights with CHR chair Chito Gascon, HRV Claims Board chair Lina Sarmineto and Karapatan Dep SecGen Jigs Clamor @gmanews pic.twitter.com/iKeYFoOZBH

— Erwin Colcol (@erwincolcol) December 7, 2016

Senator Richard Gordon on Tuesday said Philippine National Police’s (PNP) Oplan Tokhang campaign violates the rights of alleged drug users and pushers.

He indicated this in the draft report of the Senate justice and human rights committee, which investigated cases of extrajudicial killings (EJKs) amid the administration’s war on drugs.

“‘Yung mga tokhang-tokhang, may violation 'yan ng constitutional rights ng mga tao. Kailangan may abogado at kailangang dagdagan ang turo sa mga tao ng kanilang constitutional rights against self-incrimination at tsaka ‘yung kanilang mga rights against rogue policemen,” Gordon said.

Oplan Tokhang refers to the PNP's campaign of going house to house in communities to appeal to drug suspects to surrender and stop using and selling drugs.

Gascon, a lawyer himself, explained his take on the issue.

“Essentially, what's happening there is may impact on due process. Kasi a warrant of arrest is issued by a judge upon probable cause. Ang nangyayari kasi kapag may Tokhang, kahit walang probable cause, pumapasok ka at biglang may apprehension na nangyayari. That's why it's questionable on constitutional grounds,” Gascon said.

But Gascon clarified that constitutionality only indicates whether an act is lawful or not.

“Kailangan pag-aralan. Kasi a decision of constitutionality is a decision about action taken, being lawful or unlawful in accordance with the Constitution or law,” Gascon said.

The CHR chair noted that there should be investigations to determine the extent of liability of the police officials.

“Kung meron pong liable, depende po sa ginawa, 'yung tinatawag na acts of commission or walang ginawa, acts of omission. Titignan po 'yan kung meron pong liability in accordance with established procedures,” Gascon added.

Despite this, police officials should still follow due process in conducting the campaign against illegal drugs, Gascon maintained.

“Ang aming panawagan ay sundan lang ang POP (police operation procedures) manual at sundan 'yung use of force continuum para naman mabawasan po 'yung bilang ng napapatay na sinasabi nilang lahat ay nangyayari sa pamamagitan ng panlalaban,” he said.

“We hope that the police authorities might take into account all the aspects of the recommendation of the Senate committee as much as we also hope that they will take into account our recommendations as the Commission on Human Rights,” he added. —KG, GMA News