De Lima: DOJ review of drug cases a ‘theatrical performance’ to save Duterte from criminal liability

Opposition Senator Leila de Lima on Thursday hit the Department of Justice’s (DOJ) review of 52 drug war cases, calling it a “mere theatrical performance” to avoid criminal liability on the part of President Rodrigo Duterte.

“This DOJ investigation is not meant to give justice to the family of the victims of [extrajudicial killings]. It is a mere theatrical performance to avoid criminal liability and accountability on the part of the foremost culprit, and, ultimately, to forever deny these families true justice,” De Lima wrote in a dispatch.

“Too little, too late... Barya-barya lang itong ginagawa ng DOJ…The time for Duterte’s delaying tactics and evasive theatrics to end has come.  It is now time for truth and consequences,” added De Lima, a former Justice secretary.

De Lima noticed the use of “nanlaban” defense in 52 cases submitted by the Philippine National Police Internal Affairs Service.

“A glaring pattern was that the respondents used the “nanlaban” defense, claiming that the victims used unlawful aggression to justify the killings. Then and now, we know it’s a sham narrative,” she said.

The detained lawmaker then hit the authorities for not heeding her warning on the killings that happened at the onset of the Duterte administration.

“Instead of working with the Senate to come up with a solution to the contagion of extrajudicial killings (EJKs), Duterte instead fabricated cases against me to stop my investigation and send a warning to those who would dare to continue it,” she said.

Reached for his comment, Justice Secretary Menardo Guevarra told GMA News Online: “Senator De lima is entitled to believe what she wants to believe. As for me, I am doing all these because it is the right and just thing to do.”

‘Culture of violence’

De Lima likewise highlighted Duterte’s statements which encouraged the culture of violence to thrive.

“But this Administration’s accountability goes beyond just culpable inaction.  Duterte actively promoted and exacerbated the killings by words and by deeds. It’s the Davao Death Squad (DDS) phenomenon all again,” she said.

Duterte has trivialized the killings using his platform as president to encourage more violence from law enforcement units to ordinary citizens, against whoever they label as drug fiend, De Lima said.

She mentioned the bonuses and payouts for every life taken during his war on drugs, the promotion of police officials, and the branding of “human rights” as a taboo.

“Tahimik ang DOJ report sa kultura ng patayan na si Duterte mismo ang may gawa, at hindi nila ipinaliwanag kung bakit sa halos anim na taon ng panunungkulan ni Duterte, walang naging malinaw na aksyon para ipatigil ang EJKs. Ni minsan wala tayong narinig sa bunganga ni Duterte na ‘Stop the Killings!’” she said.

(The DOJ report was silent on the culture of killings which was created by Duterte himself, and they cannot explain why in the entire six years of Duterte's administration, there was no clear action to stop the EJKs. We did not even hear Duterte say "Stop the Killings!")

“Neither the International Criminal Court nor the Filipino people will be fooled again. Panahon na para singilin lahat ng inutang na buhay ng  (It is time to demand accountability on Duterte's) “War on Drugs” ni Duterte,” she ended.

De Lima has been detained on drug charges since 2017, although she has repeatedly denied involvement in the illegal drug trade.

Importance of review

On the other hand, Senator Panfilo Lacson took note of the importance of DOJ’s review of the drug war cases in showing the international community, as well as the ICC, that the government could hold law enforcers accountable, including other higher officials allegedly involved.

“Once such evidence is clearly established to warrant the filing of criminal information against identified suspects, there is no other course of action for the Department of Justice to pursue but to take those cases to their logical conclusion, no matter the consequences,” Lacson said in a statement.

“That being said, the role of the DOJ is crucial in showing the community of nations in general and the International Criminal Court in particular that as a civilized, democratic country, we can independently and responsibly hold criminally accountable our law enforcement officers - and their superiors, if the evidence so warrants - when they commit excesses in the performance if their sworn duties. And the total war against drugs should not be an exception,” he added.

On Wednesday, the DOJ released a review on 52 drug war cases, which showed that several suspects who were killed in police operations were negative for gunpowder nitrates.

According to the DOJ, the incidents are set to undergo further investigation and case buildup by the National Bureau of Investigation for the possible filing of criminal charges against erring police officers.

On the other hand, Malacañang maintained that Duterte did not order the killings.

"In 52 cases, there has not been a determination that the President ordered the killing or the President did not do anything to punish those who committed criminal acts," presidential spokesperson Harry Roque said.

He said the DOJ's move shows that the State is fulfilling its obligation to protect and promote right to life, as well as accord the victims an effective domestic remedy through filing of charges to ensure that those guilty will be prosecuted and punished.

The Commission on Human Rights has welcomed the published report on the drug war cases, saying this may encourage witnesses to come out and participate in the resolution of the cases.

Several human rights groups said the DOJ report is still insufficient in determining the extent of the alleged human rights violations being linked to the government's drug campaign. — RSJ, GMA News