“License to Kill”

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Callamard rejected those conditions, saying that they were “not consistent with the code of conduct for special rapporteurs,” and included requiring her to participate in a “public debate” with Duterte. 367 On December 20, High Commissioner Zeid called on Philippine judicial authorities to open an investigation into Duterte’s claims that he had personally shot dead three drug suspects while he was mayor of Davao City, stating that “Philippine judicial authorities must demonstrate their commitment to upholding the rule of law and their independence from the executive [presidency] by launching a murder investigation.” 368 Duterte responded to this call for an investigation with evident scorn: There’s one United Nations official, [in charge of] human rights. He said Duterte is a murderer and must be charged for murder. This guy is ever a joker or a bit insane. What’s difficult with the United Nations, you guys, you are employed by an organ composed of nations whose officials are elected by the people. You officials sitting there on your asses, we pay your salaries. You idiot. You do not tell me what to do. I am your employer. Who gave you the right? You lack knowledge of international law. We are the ones who contribute to the United Nations. You shameless sons of a whore. I pay your salaries. Don’t talk to me like I’m your employee. I am [the head of] a member state, a sovereign state. Please shut up. Your brains are small. Do not do that. You’re just an employee there. You’re appointed. 369 367 Lara Tan, “UN special rapporteur rejects government conditions,” CNN Philippines, December 17, 2016, http://cnnphilippines.com/news/2016/12/16/extrajudicial-killings-probe-UN-Duterte-Callamard.html. See also, “UN expert rejects Philippines conditions for fact-finding mission on drugs war,” UNHCR press release, December 16, 2016, http://www.ohchr.org/SP/NewsEvents/Pages/DisplayNews.aspx?NewsID=21045&LangID=E. 368 “UN rights chief urges Philippines to probe President for murder,” Agence France-Presse, December 20, 2016, http://www.straitstimes.com/asia/se-asia/un-rights-chief-urges-philippines-to-probe-president-for-murder. 369 Jun A. Malig, “Duterte to UN rights chief: Shut up, we pay your salary,” Rappler, December 22, 2016, http://www.rappler.com/nation/156339-duterte-united-nations-salary-shut-up. LICENSE TO KILL 110
The International Criminal Court In October, the prosecutor of the International Criminal Court criticized “high officials” of the Philippine government for public statements that “seem to condone such killings and further seem to encourage State forces and civilians alike to continue targeting these individuals with lethal force.” 370 The ICC prosecutor explained that the crimes committed could fall ultimately under the jurisdiction of the International Criminal Court: Let me be clear: any person in the Philippines who incites or engages in acts of mass violence including by ordering, requesting, encouraging or contributing, in any other manner, to the commission of crimes within the jurisdiction of the ICC is potentially liable to prosecution before the Court. 371 When the prosecutor of the International Criminal Court warned Duterte in October that extrajudicial killings linked to the “war on drugs” may fall under the court’s jurisdiction as a “widespread or systematic attack against a civilian population,” Duterte threatened to withdraw the Philippines from the court. 370 “Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda concerning the situation in the Republic of the Philippines,” ICC news release, https://www.icc-cpi.int/Pages/item.aspx?name=161013-otp-stat-php. 371 Ibid. 111 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
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Media accounts of the incident said
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Approximately 30 minutes after the
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no reason to lie about this. That i
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Napoleon Miras Ai-Ai, July 24 Baran
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[T]he suspect sensed that he was be
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Noel Alberto, “Sarah,” Septembe
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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 and 104: Promised Immunity to Subordinate Co
Page 105 and 106: V. International Response to Dutert
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: suspected drug dealers and drug use
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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