CHR on drug war report: No malice, we did our mandate

The Commission on Human Rights on Monday (CHR) stood by its report that there was use of excessive force against drug suspects and that many victims were alleged to have resisted arrest, among other findings that led to deaths mostly in marginalized communities.

"Contrary to remarks that seek to put malice in the crucial work of CHR, our guide has always been the mandate bestowed unto us by the 1987 Constitution and the plight of the vulnerable people we serve," CHR executive director, lawyer Jacqueline de Guia, said.

The commission said it has consistently endeavored to be "collaborative and non-adversarial in the defense of human rights."

"In line with our mandate, we provide recommendations and advice to the government for the improvement of the human rights situation and to address human rights violations with the interest of the people in mind, particularly the most vulnerable ones," De Guia said.

The CHR recently released its "Final Report on Investigated Killings in Relation to the Anti-Illegal Drug Campaign," which was completed by the Extrajudicial Killings Task Force led by its former commissioner Gwendolyn Pimentel-Gana.

According to the  2022 report, of the 798 incidents that had links to the drug trade, 793 resulted in the death of at least one victim, and the total number of victims reached 1,014.

Of this number, 920 were killed while only 87 survived. The status of the remaining seven victims is unknown.

De Guia said the final report bolstered the commission's initial findings that "there is a consistent narrative by law enforcers alleging victims initiated aggression or resisted arrest (nanlaban); that there is use of excessive and disproportionate force; that targeted victims were mostly civilians killed in uninhabited locations sustaining gunshot wounds in the heads and/or torso; that there is non-cooperation by the police; and that there is a lack of effective, prompt, and transparent accountability mechanism to address the drug-related killings."

The Philippine National Police (PNP) earlier earlier said they were aware of the complaints filed against some police operatives allegedly involved in human rights violations.

A number of these cases are being investigated or have been taken to the courts, the PNP added.

The National Task Force to End Local Communist Armed Conflict's legal cooperation cluster also alleged the report was incomplete, citing it did not include "the fact that many of the deaths in the drug war were perpetrated by drug syndicates and drug groups themselves who kill their competitors."

Du Guia said the CHR report has been formally communicated to the concerned government agencies, such as the Presidential Human Rights Committee and the Department of Justice .

"We are hopeful that this signals greater cooperation and enhanced response of the government in bringing full justice to all alleged EJK cases linked to the anti-drug campaign. CHR is hopeful of the government’s openness to ascertain justice," she said.

"Constructive engagements among the different branches of the government, particularly if it involves independent bodies like CHR, manifest an adherence to the check and balance mechanisms within the government," she added.

The Duterte administration is already facing possible International Criminal Court (ICC) scrutiny on the government's alleged crimes against humanity due to the drug war.

The ICC probe, which was deferred in November 2021 on the request of the Philippine government, stemmed from the complaints of the families of those killed in the drug war and human rights advocates.

The ICC initially authorized to probe drug war in September 2021 for alleged crimes against humanity or murder given that "available material indicates, to the required standard, that a widespread and systematic attack against the civilian population took place pursuant to or in furtherance of a State policy, within the meaning of Article 7(1) and (2)(a) of the [Rome] Statute [that established ICC]."—LDF, GMA News