“License to Kill”

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“rub-out” of two unarmed prisoners inside their cell, and filled murder charges. Duterte responded by saying that the officers would not be prosecuted: I will not allow these [officers] to go to prison. I don’t care if the NBI says it is murder. Anyway, the NBI and the [Department of Justice] are both under [my authority]. I will be the one to answer for it and go to prison. 312 Police and military personnel in the Philippines have long enjoyed impunity from prosecution for serious abuses at the expense of respect for human rights. The president as a practical matter can make prosecutions of police or military personnel accused of crimes difficult or impossible. Doing so would be contrary to prosecutorial independence and undermine respect for the rule of law in the Philippines. Under the constitution the president can also grant amnesties with the concurrence of Congress, and grant commutations and pardons. 313 A state’s failure to prosecute or the provision of immunity to those implicated in serious crimes in violation of international law would have no bearing internationally. Foreign courts acting on the basis of universal jurisdiction or international criminal tribunals, including the International Criminal Court, are in no way bound by domestic grants of immunity, and may prosecute protected wrongdoers as well as officials implicated on grounds of superior responsibility. 312 Marlon Ramos, “Cops won’t go to prison,” Philippine Daily Inquirer, December 8, 2016, http://newsinfo.inquirer.net/851719/cops-wont-go-to-prison. 313 Constitution of the Republic of the Philippines, 1987, http://www.gov.ph/constitutions/1987-constitution/, art. VII, sec. 19. LICENSE TO KILL 96
V. International Response to Duterte’s “War on Drugs” The escalation in unlawful killings associated with the “war on drugs,” as well as President Duterte’s open defiance of international human rights standards and confrontational stance towards his critics, has roiled the Philippines’ relationships with its closest Western allies. Historically, the Philippines has had close relationships with the United States and the countries of the European Union. In the face of persistent US pressure by the Obama administration, Duterte has responded with profane and bombastic remarks. Those reactions have included Duterte’s threats to curtail existing relationships and seek out stronger ties with countries such as China and Russia, which have been much less critical of drug-campaign abuses. 314 The United States The US government, the former colonial power and historically one of the closest allies of the Philippines, was slow to criticize the anti-drug campaign. Once it did so, however, it has become a persistent critic and taken direct steps to reduce US support for the Philippine National Police, though not to other security forces. Initial reports indicate, however, that this could change dramatically under President Donald Trump. The United States is a significant donor to the Philippines, committing some US$180 million in assistance for the 2017 fiscal year, much of it in the form of direct assistance to the Philippine security services, including the provision of weapons and training to the police. 315 On July 27, 2016, then-US Secretary of State John Kerry pledged $32 million in “training and services” to the Philippine National Police. 316 Four months later, after evidence of 314 Hannah Beech, “How Philippine President Rodrigo Duterte is shaking up the South China Sea,” TIME, October 27, 2016, http://time.com/4547711/philippines-rodrigo-duterte-south-china-sea/. 315 Jose Katigbak, “US to provide $180-M aid to Philippines next year,” Philippine Star, October 8, 2016, http://www.philstar.com/headlines/2016/10/08/1631489/us-provide-180-m-aid-philippines-next-year. 316 Alexis Romero, “US pledges $32M to Philippine law enforcement,” Philstar.com, July 27, 2016, http://www.philstar.com/headlines/2016/07/27/1607298/us-pledges-32m-philippine-law-enforcement. 97 HUMAN RIGHTS WATCH | MARCH 2017
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H U M A N R I G H T S W A T C H “
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Copyright © 2017 Human Rights Watc
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Norberto Maderal, George Avanceña,
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SUMMARY HUMAN RIGHTS WATCH | MARCH
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On the afternoon of October 14, 201
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Jayson Asuncion, 37, surrendered to
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A barangay official told Rogie Seba
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A family picture with the coffin of
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Human Rights Watch examined the pol
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Six masked armed men burst into a M
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Relatives of Edward Sentorias, 34,
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and his top subordinates have denie
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“Hitler massacred three million J
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Methodology From October 2016 to Ja
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eal crime wave unleashed by his own
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Duterte was Davao City mayor for mo
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sanctioned death squads in cities i
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“And if in the process you kill o
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The human rights [activists] said I
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Adviser Hermogenes Esperon confirme
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meant to indicate that police opera
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the suspects had been in police cus
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uyer was to purchase one (1) piece
Page 53 and 54: Media accounts of the incident said
Page 55 and 56: Approximately 30 minutes after the
Page 57 and 58: no reason to lie about this. That i
Page 59 and 60: Napoleon Miras Ai-Ai, July 24 Baran
Page 61 and 62: [T]he suspect sensed that he was be
Page 63 and 64: Noel Alberto, “Sarah,” Septembe
Page 65 and 66: Antonio’s relatives believe that
Page 67 and 68: cops came on a motorbike. The unifo
Page 69 and 70: locked off the area and told the fa
Page 71 and 72: thereafter, gunshots rang out, and
Page 73 and 74: Virgilio Mirano, September 27 Baran
Page 75 and 76: Jury Jana, October 4 Baragay 120, C
Page 77 and 78: At about 11 p.m. on October 4, Visd
Page 79 and 80: the police. 218 On October 20, the
Page 81 and 82: ody. They covered the body with a b
Page 83 and 84: Heart de Chavez, January 10; “Joa
Page 85 and 86: killings. The police report states
Page 87 and 88: III. Prohibition of Extrajudicial E
Page 89 and 90: Philippine Law The Philippine Const
Page 91 and 92: y the physical perpetrators needs t
Page 93 and 94: Unlike war crimes, crimes against h
Page 95 and 96: If I became president, you all shou
Page 97 and 98: etter believe me.” 296 Duterte to
Page 99 and 100: On September 20, Duterte responded
Page 101 and 102: noted, since Duterte has taken offi
Page 103: Promised Immunity to Subordinate Co
Page 107 and 108: Duterte responded: “Why are you s
Page 109 and 110: Shortly after the November election
Page 111 and 112: agree to be together or not, whethe
Page 113 and 114: Ahead of Duterte’s state visit to
Page 115 and 116: statement, stating, “Please formu
Page 117 and 118: suspected drug dealers and drug use
Page 119 and 120: The International Criminal Court In
Page 121 and 122: • End the criminalization of the
Page 123 and 124: To the Department of Health • Enc
Page 125 and 126: • Consider reviewing the Philippi
Page 127 and 128: Annex I: Excerpts from Police Repor
Page 129 and 130: direction of the approaching lawmen
Page 131 and 132: Napoleon Miras Ai-Ai, alias “Nono
Page 133 and 134: Garry Catungal, alias “Opay,” o
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“License to Kill”

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