Category: Drugs & Crime

Know, defend, assert our Rights!

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* Inilathala ng Free Legal Assistance Group (FLAG) at isinalin sa Filipino ng Philippine Center for Investigative Journalism (PCIJ)

PCIJ Know Your Rights 4

ANUMAN ANG SITWASYON, NANANATILING LUBOS AT HINDI DAPAT YURAKAN ANG ATING MGA BATAYANG KARAPATAN. KABILANG DITO ANG MGA SUMUSUNOD:
(In any situation, you do not lose your basic rights, such as….)

• Karapatang mabuhay (The right to life);

• Karapatang hindi ma-torture o isailalim sa malupit, di-makatao, at kahiya-hiyang pakitungo o parusa (The right not to be trotured nor subjected to cruel, inhuman or degrading treatment or punishment);

• Karapatang hindi sapilitang pagtrabahuhin (The right not to be subjected to forced labor)

• Karapatang hindi makulong dahil sa hindi pagbayad ng utang (The right not to be imprisoned for non-payment of debt);

• Karapatang huwag maparusahan para sa mga gawaing hindi pa naisabatas na krimen nang ito ay mangyari (The right not to be punished for an act which was not yet a crime at the time of its commission);

• Karapatan na kilalanin at tratuhin bilang tao (The right to be recognized and treated as a person); and

• Karapatan sa malayang pag-iisip, konsiyensiya, at pananampalataya or relihiyon (The right to freedom of thought, conscience, and religion).

PCIJ Know Your Rights 2

Lubos o absolute ang lahat ng karapatang ito. Sa anumang kondisyon o pangyayari, hindi maaring pigilan o suspendihin ang pag-ako natin ng mga karapatang ito. Ito ay totoo kahit sa ilalim ng martial law o state of public emergency na naideklara ng pamahalaan. Ang mga karapatang ito ay “non-derogable” sa ilalim ng United Nations International Covenant on Civil and Political Rights na sakop ang pamahalaan ng Pilipinas bilang signatory.

(These rights ate absolute. Under no condition can their fulfillment or enjoyment be suspended. This is true even when martial law or any other state of emergency has been declared. These are non-derogable rights under the International Covenant on Civil and Political Rights to which the Philippines is a signatory.)

May iba pang mga karapatan na itinuturing na inalienable o inviolable o hindi maikakait at hindi dapat labagin kailanman kabilang na ang:

(There are other rights that are considered inalienable and inviolable, such as…)

* Karapatan na hindi halughugin ang iyong tahanan kung walang search warrant na pirmado ng isang hukom o judge, at karapatang huwag samsamin ang anumang gamit sa iyong bahay na hindi nakadetalye sa search warrant. Gayunman, kung ikaw ay nahuli ng ligal, ikaw at ang iyong immediate surroundings o kinalalagyan ay maaring ma-search para sa dangerous weapons o iba pang ebidensiya, at anuman ang makita sa iyong sarili at immediate vicinity ay maaring kunin ng mga otoridad kung ito ay ginamit diumano sa krimen na dahilan ng iyong pagkahuli.

(The right not to have your house searched without a search warrant issued by a judge, and not to have anything seized which is not specified in the search warrant. However, if you are legally arrested, your person and immediate surroundings may be searched for dangerous weapons, and any evidence found on your person or immediate vicinity (only on your person and immediate vicinity) which may have been used to commit the crime for which you are being arrested may be seized.)

* Karapatan na maging malaya at walang pangamba sa iyong personal na seguridad. Maari kang pagkaitan ng kalayaan ayon lamang sa mga batayan at proseso na nakatala sa Konstitusyon at batas.

(The right to liberty and security of person. You can be deprived of liberty only on grounds and procedures established by the Constitution and existing law.)

Ang Ating Mga Karapatan, 1, PCIJ, july 2016

* Karapatan na hindi arestuhin kung walang ebidensiya na may krimen nang naganap at diumano’y kalahok ka sa gawaing ito. Maari ka lamang arestuhin sa bisa ng isang arrest warrant na pirmado ng isang hukom o judge, liban na lang kung:

(The right not to be arrested except on evidence that a crime gas been committed and that you probably committed it. You may be arrested only on the strength of a warrant of arrest issued by a judge, except:)

* Kung ikaw ay may ginawa o ginagawang krimen, o nagbabalak gumawa ng kasalanan (offense) sa batas, sa harap ng isang arresting officer;

(When you have committed, are actually committing, or are attempting to commit an offense in the presence of the arresting officer);

* Kung, batay sa personal na kaalaman ng arresting officer sa mga pangyayari at datos ng kasalanang naganap, naniniwala siyang ikaw ang maysala;

(When an offense has been committed and the arresting office has probable cause to believe, based on personal knowledge of the facts and circumstance, that you committed the offense);

* Kung ikaw ay tumakas mula sa kulungan o piitan, o habang inililipat ng kulungan;

(When you have escaped from prison or detention or while being transferred from one confinement to another.)

Isang sibilyan na prosecutor ang dapat magsuri sa isang inquest proceeding kung ligal o iligal ang iyong pagka-aresto. Sa inquest proceeding na ito, maaring magdesisyon ang prosecutor na:

(The legality of your arrest must be determined in an inquest proceeding conducted by a civilian prosecutor. The prosecutor, in a summary proceeding, can):

* Palayain ka (ito ay pwedeng maganap kahit man wala pang kumpletong preliminary investigation na naganap);

(Order your release [this may or may not be subject to a full-blwm preliminary invetsigation]};

* Ipagtibay na ligal ang iyong pagka-aresto at isampa ang kaukulang complaint o impormasyon laban sa iyo sa trial court;

(Affirm the legality of your arrest and prepare the corresponding complaint or information with the trial court};

* Isangguni sa nahuli kung nais niyang magkaroon ng preliminary investigation at pumirma sa isang waiver. Ito ay kadalasang nangyayari. Huwag pumirma sa waiver kung hindi nabigyan ng sapat na impormasyon ng kahihinatnan ng pagpirma nito. Ang pag-pirma mo sa waiver ay nangangahulugang pumapayag kang manatili sa kulungan, habang naghinihintay sa preliminary investigation. Ang pagpirma mo sa waiver ay maari ring ituring na wala kang planong magsampa ng kaso sa mga nanghuli sa iyo.

(Often the inquest prosecutor will ask the person arrested if s/he desires a preliminary investigation, in which case s/he will be asked to sign a waiver. Do not sign the waiver without beng fully informed of the nature and consequences of signing it. Signing the waiver may — and often does — mean that you are going to remain in detention, pending preliminary investigation. It may also mean that you are waiving your right to file cases against those who arrested you.)

Kapag na-aresto at habang nasa kulungan, at ikaw ay tinanong o inimbestiga ng mga pulis o sundalo, nananatiling lubos ang iyong mga karapatang pantao tulad ng:

(While under arrest or detention, if you are questioned or investigated by the police and military, you have the following rights:)

* Malinaw na masabihan at basahan ng iyong mga karapatan sa Konstitusyon, kasama na ang manatling tikom ang bibig;

(To be informed of your right to remain silent and other constitutional rights);

* Magkaroon ng mahusay at walang kinikilingang abogado, at mas maiman pa, personal mong pinili;

(To have competent and independent counsel preferably of your own choice; and)

* Bigyan ng abogado, kung hindi mo kayang kumuha ng sarili mong tagapatanggol;

(To be provided with counsel if you cannot afford one.)

PCIJ Know Your Rights 3

Sa lahat ng pag-uusig ng krimen, ito ang iyong mga karapatan:

(In all criminal prosecutions, you have the following rights:)

* Huwag piliting tumestigo laban sa sarili mo
(Not to be compelled to testify against yourself);

* Manatiling tikom ang bibig kapag nahuli at magkaroon ng abogado
(To remain silent and to counsel);

* Bigyan ng impormasyon ukol sa uri at dahilan ng akusasyon laban sa iyo
(To be informed of the nature and cause of the accusations against you);

* Magkaroon ng mabilis, bukas, at patas na pagilitis
(To have a speedy, public, and impartial trial);

* I-apela ang conviction order o desisyon ng korte na ikaw ay maysala
(To appeal any conviction);

* Ituring na inosente hangga’t hindi napapagtibay na ikaw ay maysala
(To be presumed innocent until the contrary is proved);

* Harapin at madinig ka at iyong abogado sa paglilitis
(To be present and heard by yourself and counsel);

* Matulungan ng mga proseso ng korte pati na ang compulsory attendance ng mga testigo o witnesses at sa paglalahad ng ebidensiya laban sa iyo

(To avail yourself of court processes to secure the compulsory attendance of witnesses and the presentation of evidence in your defense);

* Makita nang harapan at ma-cross-examine ang mga testigo laban sa iyo

(To meet the witnesses face-to-face and to cross-examine them);

* Magkaroon ng preliminary investigation ng akusasyon laban sa iyo

(The right to a preliminary investigation;

* Huwag litisin at parusahan ng dalawang beses para sa parehong krimen

(The right against double jeopardy);

* Bago ma-convict, maglagak ng pyansa, liban na lang sa mga kasong may parusang bitay at malakas ang ebidensiya ng pagkakasala

(Before conviction, the right to bail except for capital offenses when evidence of guilt is strong);

* Pakitunguhan sa paraang makatao at may paggalang

(The right to be treated with humanity and with respect for your personal dignity);

* Manirahan at maglakbay nang malaya

(The right to liberty of abode and the right to travel).

PNP stats: 135 killed, 1,844 arrested in 2 weeks of Duterte war on drugs

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By the Philippine Center for Investigative Journalism

PCIJ. Killed, July 1-13, 2016

BY OFFICIAL POLICE DATA, from July 1 to 13 this year, the Duterte administration’s war on crime has already chalked up big, if macabre, numbers: 135 persons killed or about 10 persons a day on average, and 1,844 arrested or about 141 persons a day on average.

In two weeks’ time, the campaign has also nudged the “surrender” of 60,393 alleged drug users and 5,914 alleged drug pushers, apart from 43,026 houses “visited” by local and village officials to target and flush out suspects, according to official police reports obtained by the PCIJ.

But the PNP data show a curious ratio: Only one “drug pusher” for every 10 “drug users” have been located or compelled to surrender to the authorities in the last fortnight.

In contrast to the big numbers of those killed, arrested, or have “surrendered,” the police also reported only pithy volumes and values of illegal drugs seized in the operation — sachets and kilos of shabu, a sprinkling of marijuana, and just one tablet of the designer drug “Ecstasy.”

The total amount of the seizure is listed at “146,345 by estimated DDB value,” which presumably translates to P146.3 million. The PNP report, however, does not show a peso sign; neither does it state if the amount is in the thousands of pesos or some other currency.

PCIJ asked the PNP to clarify the matter but the officers contacted could not give any explanation as of posting time.

Shabu, by the latest published estimates of the DDB, could fetch at least a million pesos a kilo.

Interviewed by the PCIJ and GMANewsTV’s Investigative Documentaries staff, PNP’s chief, Director General Ronald ‘Bato’ M. dela Rosa, said ‘Oplan Double Barrel’ is the Duterte administration’s blueprint for its war on drugs.

PCIJ asked for a copy of whatever PNP document has been issued clarifying the goals, scope, guidelines, and protocols for the implementation of the anti-drug war but did not get any from dela Rosa.

Instead, the PNP head said that President Rodrigo R. Duterte would issue shortly an executive order creating an inter-agency committee that will take charge of the police, legal, social, health, and other myriad aspects of the war on drugs.

Dela Rosa added that the PNP’s Internal Affairs Service has also started to investigate complaints of alleged abuses by the police and other officials in specific operations that had led to the death of some alleged drug users and pushers.

For now, dela Rosa said ‘Oplan Double Barrel’ is “the big picture” in the anti-drug war. It supposedly involves unleashing “the upper barrel” – ‘Oplan HVT’ — to snare “high-value” and supply-side targets; and “the lower barrel” or ‘Oplan Tokhang,’ to flush out “low-value” and demand-side targets.

‘Tokhang’ is a combination of Visayan words “toktok” or to knock, and “hangyo” or to plead or request. ‘Tokhang’ was first launched in Davao City in 2012 under then Mayor Rodrigo R. Duterte.

Local government units have adopted the campaign, but some have infused it with their own branding. The Quezon City government calls its campaign ‘Oplan Kapak,’ or short for “katok” and “pakiusap.” In Tanuan, Batangas, the mayor has required alleged drug users and pushers to take their “walk of shame” across the city, with posters declaring “Drug Addict Ako: Huwag Pamarisan (I am a Drug Addict. Don’t Follow my Example)” either hanging from their necks or taped to their clothes.

‘Accomplishments’

As of July 13, 2016, reports of the National Operations Center (NOC) of the Philippine National Police (PNP) showed these “accomplishments” of the new administration’s two-week-old war on drugs.

• 135 suspects killed, including two PNP members;
• 1,843 arrested, including 1,836 civilians, 6 foreign nationals, and 1 “government/elected official”; and
• 4,016 “surrendered”, including 4,011 civilians, 3 “government/elected officials”, 1 policeman, and 1 security guard.

Of the country’s 18 regions, no killings have been reported as of July 13 in only seven regions: the Autonomous Region in Muslim Mindanao, Western Visayas, Cagayan Valley, Zamboanga Peninsula, Mimaropa, Eastern Visayas, Northern Mindanao, and Negros Island Region.

In the 11 other regions, however, the PNP reports showed that the bodies of alleged drug pushers have shown up in alarming numbers, notably:

• 55 killed in Central Luzon;
• 44 in Metro Manila;
• 17 in Calabarzon;
• 6 in Ilocos Region;
• 5 in Soccsksargen;
• 3 in the Bicol Region;
• 2 in Central Visayas;
• 1 in the Cordillera Administrative Region;
• 1 in the Caraga Region; and
• 1 in the Davao Region.

‘Hostile’ and ‘killed’

Media reports have quoted police authorities as saying that the drug suspects ended up dead because they resisted arrest or fought back – “nanlaban.” Two PNP reports on Oplan Tokhang in fact show a match between the figure of those killed and that of drug pushers who were “hostile” or had denied they were involved in the illegal trade.

Interestingly, the NOC report on its “Monitoring on Project Tokhang,” show “hostile” drug pushers in only four areas: Metro Manila, Ilocos Region, Mimaropa, and Cordillera.

But according to another NOC report, “Monitoring on the Anti-Illegal Drugs Accomplishment,” which covers Oplan Tokhang during the same period, the fatalities are spread across 10 areas – which even excludes Mimaropa, which had the highest number of “hostile” drug suspects (124).

Metro Manila, which had only seven drug suspects listed as “hostile” in one report ended up with 44 fatalities under Oplan Tokhang in the other document. Central Luzon and Calabarzon also had no “hostile” drug suspects listed in the “Monitoring on Project Tokhang” report, yet according to the other NOC tally, they had the second and third highest number of dead respectively under the same police operation.

Alleged drug pushers

In any case, the PNP says that Project Tokhang has snared 5,914 “drug pushers” from July 1 to 13, including:

• 5,693 listed under the category of “voluntary surrender”;
• 86 under the category of “surrender of drugs”; and
• 135 under the category of “hostile/denial.”

In the meantime, a “surrenderees” tally of 4,016 is enrolled in “Monitoring on the Anti-Illegal Drugs Accomplishment.”

But the supplementary “Monitoring on Project Tokhang,” which draws the participation of local government units and barangay councils, showed much bigger numbers of “surrenderees.”

In this second report, the NOC said that from July 1 to 13, 2016, a total of 60,393 “drug users” have been located in the 18 regions of the country, but only 5,914 “drug pushers.”

The numbers indicate that only one “drug pusher” for every 10 “drug users” have been covered by Project Tokhang in the first two weeks of the government’s war on drugs.

In addition, the report said that as of last July 13, a total of 43,026 houses have been “visited” as part of Project Tokhang.

Alleged drug users

The 60,393 “drug users” who have been located or identified across the country in the last two weeks, included:

• 2,903 in areas covered by the National Capital Region Police Command (Metro Manila);
• 1,348, Police Regional Office 1 (Ilocos Region);
• 416, PRO 2 (Cagayan Valley);
• 6,650, PRO 3 (Central Luzon);
• 1,075 PRO 4A (Calabarzon);
• 391, PRO 4B (Mimaropa);
• 1,553, PRO 5 (Bicol Region);
• 307, PRO 6 (Western Visayas);
• 4,472, PRO 7 (Central Visayas);
• 962, PRO 8 (Eastern Visayas);
• 5,869, PRO 9 (Zamboanga Peninsula);
• 20,061, PRO 10 (Northern Mindanao);
• 4,801, PRO11 (Davao Region);
• 338, PRO 12 (Soccsksargen);
• 5,700, PRO 13 (Caraga);
• 921, PRO-Cordillera (Cordillera Administrative Region);
• 153, PRO-Autonomous Region in Muslim Mindanao; and
• 2,473, PRO 18 (Negros Island Region).

Houses ‘visited’

The 43,026 “houses visited” under Project Tokhang consisted of big numbers for certain areas:

• 7,663 houses in Zamboanga Peninsula;
• 5,939 in Northern Mindanao;
• 4,672 in Central Luzon;
• 4,233 in Metro Manila;
• 4,077 in Caraga;
• 2,971 in Central Visayas;
• 2,249 in Calabarzon; and
• 2,227 in Eastern Visayas.

In contrast, fewer houses have been “visited” in these regions from July 1 to 13, 2016:

• 1,712 houses in Bicol Region;
• 1,704 in Ilocos Region;
• 1,530 in Davao Region;
• 1,239 in the Cordillera Administrative Region;
• 668 in Mimaropa; 541 in Negros Island Region;
• 474 in Western Visayas;
• 442 in Cagayan Valley;
• 416 in Soccsksargen; and
• 269 in ARMM.

Drugs seized

Finally, as part of the “results of operation” of its war on drugs, the various PNP regional offices reported the seizure or surrender of relatively small volumes of illegal drugs during the same period. These included:

• 2,906 sachets of shabu or methamphetamine hydrochloride;
• 230 kilos of shabu;
• 1,094 grams of shabu;
• 26 packs of shabu;
• 57 sachets of marijuana;
• 42 marijuana leaves;
• 33 marijuana rolls;
• 10 marijuana plants; and
• 1 Ecstasy tablet.

The PNP report put the “estimated DDB value” of this cache of seized illegal drugs at only “146.345.

All the PNP regional offices reported that they had seized sachets of shabu, which is also known as the accessible drug of choice of the less affluent.

Yet the 230 kilos of shabu listed in the report were apparently confiscated from only two operations conducted in Metro Manila (50 kilos) and in Cagayan Valley (180 kilos).

The seizure of the single tablet of Ecstasy — “the drug of choice of the rich” — was credited to the PNP regional office in Calabarzon. — PCIJ, July 14, 2016

PNP data on drug war: 192 killed, in nine weeks after election day

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By the Philippine Center for Investigative Journalism

THE WAR on drugs in the last nine weeks — or even before Rodrigo R. Duterte took his oath as president a fortnight ago on June 30 — has yielded ever bigger numbers of casualties, arrests, and “surrenderees,” and a volume of cases filed in court.

This is according to the Directorate for Investigation and Detective Management (DIDM) of the Philippine National Police (PNP) that has been monitoring the conduct of anti-drug operations from May 10, 2016 — or the day after the last elections.

A copy of DIDM’s report to PNP Director-General Ronald “Bato” de la Rosa that PCIJ obtained showed that from May 10 to July 10, 2016, police operations against illegal drugs have yielded the following results:

• 192 persons killed;

• 8,110 persons arrested;

• 3,001 cases “referred”; and

• 3,477 cases “filed in court.”

The report also said that from May 10 to July 11, a total of 35,276 persons have “surrendered” to the authorities.

The DIDM report is a separate dataset from that produced by the PNP National Operations Center (NOC) on its “Monitoring of the Anti-Illegal Drugs Accomplishment” that covers the period from July 1 to July 13, 2016.

Getting the numbers right in the PNP’s war on drugs is hampered in large measure by the fractious but parallel agencies assigned to operations and case monitoring.

In this instance, the DIDM and the NOC reports seem to be focused on the same monitoring pegs — numbers of people killed, arrested, surrendered, etc. — but across different time frames.

But if their numbers are correct and identical, except for the covered periods in their respective reports, a comparison of their data would yield clustered numbers for the period before the birth of the Duterte administration, and in the two weeks since it assumed power.

Thus, from May 10 to June 30 — the day Duterte took his oath as President — and again from July 1 to 13, 2016, the war on drugs, according to the PNP’s DIDM and NOC, yields these clustered numbers:


• 57 killed from May 10 to June 30; 135 killed from July 1 to 13, 2016.

• 6,266 arrested from May 10 to June 30; 1,844 arrested from July 1 to 13, 2016.

• 31,260 “surrendered” to the PNP from May 10 to June 30; 4,016 “surrendered” to the PNP from July 1 to 13,2016.

Note that in addition to the number of suspects who reportedly surrendered to the police, the PNP NOC, in a separate report, said that more than 60,000 “drug users” and about 6,000 “drug pushers” had been located or had “surrendered” to local and barangay officials under ‘Oplan Tokhang,’ the anti-drug war operations on the village level.

What the PNP’s NOC reports do not reveal, though, are the numbers of cases “referred” and “filed in court” that the DIDM report shows.

What the DIDM report does not offer, and which the PNP’s NOC reports enroll are the number of “houses visited” under ‘Oplan Tokhang.’ –– PCIJ, July 14, 2016

President Duterte’s war on crime: A nuclear explosion of violence

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By Atty. Jose Manuel ‘Chel’ I. Diokno
National Chairman, Free Legal Assistance Group
Trustee, Philippine Center for Investigative Journalism
———————————————————————————————————-

PRESIDENT DUTERTE’S war on crime has spawned a nuclear explosion of violence that is spiraling out of control and creating a nation without judges, without law, and without reason.

Do we really want to give the man with the gun the power to judge who are criminals and to kill them?

To decide who is bad and who is good, who deserves to live and who deserves to die? We might as well disband our courts, dissolve the Department of Justice, and abolish Congress. For there really is no need for law when the barrel of the gun dispenses justice.

The bandwagon that the President has created is a bandwagon of hate – a mob mentality that not only condones but encourages the taking of lives “because they deserve it.”

Yes, drug pushers destroy lives. Yes, criminals behave like animals. But are those who kill them any better? And will the killing stop there?

Our people have seen what a mob can do in the hands of a tyrant who knows no law but his own. Lest we forget, the first person that Marcos executed was a drug pusher. But did he stop there? By the time he was ousted, he was responsible for killing thousands upon thousands of people whose only fault was their belief in justice, the rule of law, and human rights.

President Duterte, do not kill in my name. That is not your mandate, that is not what you were elected for. Yes, go after the drug cartels and criminal syndicates, the corrupt, the criminals among us. But do it as an officer of the law you have sworn to uphold as a lawyer and a President. — July 8, 2016