“License to Kill”

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International law specifies that governments have a duty to investigate and prosecute serious violations of physical integrity, including violations of the right to life. The Human Rights Committee has frequently reminded government of their obligation to ensure effective remedies for violations of the right to life, including extrajudicial executions. Governments are obligated to conduct prompt, thorough and effective investigations through independent and impartial judicial bodies; bring to justice those responsible for criminal offenses; provide prompt and full reparations to victims; and prevent future violations. 260 The UN Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary, and Summary Executions affirm that “extra-legal, arbitrary, and summary executions” cannot be carried out “under any circumstances” and that “[g]overnments shall prohibit by law all extra-legal, arbitrary and summary executions and shall ensure that any such executions are recognized as offences under their criminal laws.” 261 According to the principles, governments “shall prohibit orders from superior officers or public authorities authorizing or inciting other persons to carry out any such extralegal, arbitrary or summary executions. All persons shall have the right and the duty to defy such orders” (emphasis added). The principles also affirm that training of law enforcement officials shall emphasize these duties and prohibitions. 262 Rights Council Resolution 26/12, Mandate of the Special Rapporteur on extrajudicial, summary or arbitrary executions, A/HRC/26/L.23, para. 3. 260 UN Human Rights Committee has stated that the ICCPR “requires that States Parties make reparation to individuals whose Covenant rights have been violated. Without reparation to individuals whose Covenant rights have been violated, the obligation to provide an effective remedy which is central to the efficacy of [enforcing the ICCPR] is not discharged. … [T]he Covenant generally entails appropriate compensation.” Human Rights Committee, General Comment No. 31, International covenant on civil and political rights, para. 16. Compensation covers material losses, such as medical expenses and the loss of earnings, as well as economically assessable moral damage, such as pain and suffering. Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, adopted on December 16, 2005, U.N. Doc. A/Res/60/147, principle 20. 261 UN Economic and Social Council, Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, Resolution 1989/65 (1989), U.N. Doc. E/1989/89 (1989), principle 1. 262 Ibid., paras. 1, 3. LICENSE TO KILL 80
Philippine Law The Philippine Constitution’s Bill of Rights protects the right to life, specifying that “No Person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the law.” 263 Under domestic law, members of the “ Philippine National Police (PNP) have a I don’t care about the Supreme Court because of the right to duty to protect lives and property, preserve one’s life and my investigate and prevent crimes, arrest nation. My country transcends criminal offenders, bring offenders to everything else, even the justice and assist in their prosecution, limitation.” and exercise powers of arrest, search, ―Rodrigo Duterte, January 14, 2017 and seizure in accordance with the law, among other duties. 264 PNP guidelines further detail the duties of police officers in crime scene investigations, including cordoning off the crime scene, evacuating injured persons to the nearest hospital, interviewing witnesses, gathering physical evidence, and arresting suspects, among other tasks. 265 263 Constitution of the Republic of the Philippines, 1987, http://www.gov.ph/constitutions/1987-constitution/, art. III, sec. 1. 264 Republic of the Philippines, Republic Act No. 6975, http://www.lawphil.net/statutes/repacts/ra1990/ ra_6975_1990.html, art. III, sec. 24. 265 Revised Philippine National Police Operational Procedures, Conduct of Crime Scene Investigation, December 2013, http://www.pnp.gov.ph/images/transparency_seal/2016/manuals/PNPOperationsManual.pdf, rule 22. 81 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
Page 37 and 38: Duterte was Davao City mayor for mo
Page 39 and 40: sanctioned death squads in cities i
Page 41 and 42: “And if in the process you kill o
Page 43 and 44: The human rights [activists] said I
Page 45 and 46: Adviser Hermogenes Esperon confirme
Page 47 and 48: meant to indicate that police opera
Page 49 and 50: the suspects had been in police cus
Page 51 and 52: 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: III. Prohibition of Extrajudicial E
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 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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