Sociologist: Push for death penalty is about a strong image, not justice

The imposition of the death penalty in the Philippines and its renewed push under the Duterte administration has always been done to appear strong instead of serving justice, a sociologist said Tuesday.

Dr. Mario Aguja, Professor of Mindanao State University, commented on the matter during the online launch of the book "Crime and Punishment in the Philippines: Beyond Politics and Spectacle."

Aguja, one of the authors of the book, wrote the part on the abolition of the death penalty in the Philippines in 2006 under Republic Act 9246.

“The book’s article on the abolition of the death penalty finds its relevance in the current effort of the Duterte administration for the reimposition of the death penalty as part of its already bloody war on drugs. By analyzing congressional records and various campaign materials, for or against the death penalty, the article revisits the discourses, alliances, and the political context that made the passage of the law abolishing the death penalty possible,” Aguja said.

“As a former member of Congress, one of the principal authors who debated on the abolition of the death penalty and as a sociologist, we can simply conclude that the history of the death penalty in this country was always aimed at projecting a strong state, a state that has the capacity to end life and hopefully scare the public, rather than interested in the pursuit of justice,” Aguja added.

The Duterte administration has been pushing for the reimposition of the death penalty on drug related crimes, but the measure has yet to gain significant support from Congress.

Back in September, Human Rights Watch, citing government figures, also reported that the average monthly “drug war” deaths totaled 39 or a 50 percent increase from the four months before the lockdown period of December 2019 to March 2020 when the average monthly death rate was 26.

Not a punishment problem

Aguja argued that there was much to be improved in the country’s justice system, not on the punishment already provided under existing laws.

“A big part of our justice system is the courts, we have a lot to reform in such a system. Aside from the judicial part, there’s also a need to improve forensic investigation because as it is, it is very difficult to pin down a drug suspect or whoever [liable for drug offense] because of the difficulty of producing [pertinent] evidence in court,” Aguja pointed out.

“And that is just one of the limitations of our courts, because power and politics can sway the justice system kaya nagiging napalaki ng judicial error,” Aguja added.

Aguja was referring to the ineffective implementation of the death penalty in the past when the Supreme Court, upon review of death sentences carried out by lower courts, found out that 71.77% of death penalty verdicts handed down by lower courts were wrong.

“The improvement talaga should be on the aisle of the justice system, rather than the punishment. Iyong forensics, as well as providing competent lawyers to those who are in jail for death penalty,” Abuja said.

“Kaya nga karamihan ng nahatulan ng bitay noon ay mga mahihirap kasi sila iyong mga walang maayos na abogado,” Abuja added.

The book "Crime and Punishment in the Philippines: Beyond Politics and Spectacle" is published by the Philippine Social Science Council (PSSC) and edited by Dr. Filomin Gutierrez.

PSSC is a non-profit organization of professional social science associations and social science research and instructional institutions in the Philippines. — DVM, GMA News